This is a guide on the General Matters of the U.S. Special Immigration Visa (SIV) which is in Frequently Asked Questions (FAQ) format. In this article, we address common queries and concerns about the SIV program, aiming to provide clarity and guidance to individuals navigating the complexities of immigration to the United States. This information is based on the understanding of the "Beporsed" team from various sources and is not legal advice. This guide is updated on 5th February 2024. For legal guidance and advice, we recommend consulting official sources. The US Special Immigration Visa (SIV) program for Afghans and Iraqis is a humanitarian program designed to provide refuge to Afghans and Iraqis who have worked with or for the US government or its military forces in Afghanistan. These individuals often face threats to their safety and security due to their association with the US, making them eligible for resettlement in the United States.
Join us as we navigate the essential questions surrounding the U.S. Special Immigration Visa (SIV) program for Afghans, empowering individuals with knowledge and support on their journey to resettlement.
What is the US Special Immigration Visa (SIV) program for Afghans?
The U.S. Special Immigration Visa (SIV) program for Afghans and Iraqis is a humanitarian program designed to provide refuge to Afghans and Iraqis who have worked with or for the US government or its military forces in Afghanistan. These individuals often face threats to their safety and security due to their association with the US, making them eligible for resettlement in the United States.
One such program is outlined in Section 602(b) of the Afghan Allies Protection Act of 2009, as amended, which authorizes the issuance of Special Immigrant Visas (SIVs). The program aims to offer protection to those who have contributed to US missions in Afghanistan, including interpreters, translators, and other personnel.
To qualify for the SIV program, applicants must meet specific criteria and undergo a rigorous screening process to ensure their eligibility and security clearance. Once approved, SIV recipients and their families receive legal status in the US, allowing them to rebuild their lives in safety. It's important to note that the SIV program is separate from the refugee resettlement program and is specifically tailored to assist individuals with ties to the US military or government and its partners.
Who is a special immigrant, and who is eligible for the Afghan Special Immigrant Visa (SIV) program?
A special immigrant is an individual who qualifies for lawful permanent residence under specific programs. One such program is outlined in Section 602(b) of the Afghan Allies Protection Act of 2009, as amended, which authorizes the issuance of Special Immigrant Visas (SIVs) to Afghan nationals meeting certain criteria:
- The applicant must have been employed in Afghanistan for a minimum period of one year between October 7, 2001, and December 31, 2023. This employment must have been either directly by or on behalf of the U.S. government or by the International Security Assistance Force (ISAF) or its successor mission.
- Serving as an interpreter or translator for U.S. military personnel while off-base with U.S. military personnel stationed at ISAF or its successor mission.
- The applicant, who has been in any position and rank, must have participated in sensitive and reliable activities for United States military and civilian personnel.
The applicant must have provided faithful and valuable service, which should be documented in a positive letter of recommendation or evaluation from their senior supervisor.
What are the differences and changes between the old and new procedures in the Afghan SIV Petition process?
Until July 20, 2022, Afghan Special Immigrant Visa (SIV) applicants followed a two-step process. First, they applied for Chief of Mission (COM) approval with the U.S. Department of State using the DS-157 form. After receiving COM approval, applicants then filed an I-360 petition for special immigrants with U.S. Citizenship and Immigration Services (USCIS). These steps were separate and required applicants to navigate both State Department and USCIS procedures.
Starting July 20, 2022, significant changes have been implemented to streamline the Afghan SIV application process. New Afghan SIV applicants now only need to submit a DS-157 form along with their COM approval application to the Department of State. This single form serves the dual purpose of obtaining COM approval and acting as a special immigrant petition. As a result, applicants will no longer need to file a separate I-360 petition with USCIS. This simplification aims to expedite the application process and reduce bureaucratic hurdles for Afghan allies seeking refuge in the United States.
The integration of COM approval and the SIV petition into a single step eliminates redundancy and administrative burdens for Afghan SIV applicants. By consolidating these procedures, the new process enhances efficiency and expedites the issuance of visas to eligible individuals who have served alongside U.S. forces in Afghanistan.
What are the steps of the Afghan SIV program from initial application to arrival in the United States?
There are 10 steps, and each step of the Afghan SIV program is essential for ensuring a smooth transition to the United States. It is important for applicants to carefully follow the instructions provided by the relevant authorities and to seek assistance if needed throughout the process:
- Step 1 - Collect Chief of Mission Documents: Collect all necessary documents required for Chief of Mission (COM) approval, including the DS-157 form, Verification of employment letter, recommendation letter, and other supporting documents.
- Step 2 - Submit Documents: Submit the scanned documents to the designated authority for COM approval through AfghanSIVapplication@state.gov.
- Step 3 - NVC Processing: The National Visa Center (NVC) processes the application and refers it to the COM decision.
- Step 4 - Receive Decision: Wait to receive a decision on COM approval. This decision will determine whether the applicant can proceed to the next steps of the SIV process.
- Step 5 - Complete Online Visa Application (DS-260): Complete the online visa application form (DS-260) provided by the NVC.
- Step 6 - Collect, Scan, and Submit Civil Documents: Collect civil documents, scan all collected documents, and submit them to the NVC as part of the visa application process.
- Step 7 – Relocation by CARE: CARE will approach you, facilitate your medical tests and travel, and then relocate you to a third country for further case process.
- Step 8 - Interview Steps: Attend a visa interview at the U.S. embassy or consulate. This interview is a crucial step in the process and may require additional documentation or information.
- Step 9 – Visa and Tickets: You will be issued a U.S. visa and you need to contact IOM to facilitate your travel to the U.S. including booking tickets.
- Step 10 - Arrival in the United States: Upon arrival, the applicant will undergo processing at a U.S. port of entry and officially begin their new life in the United States.
I am Eligible for the Afghan SIV program, so When Can I Apply for Chief of Mission Approval?
You may apply for Chief of Mission (COM) approval by submitting an application to the National Visa Center (NVC) no later than December 31, 2025. The mentioned date is reportedly in the beginning of 2024, and the U.S. Congress will probably extend this deadline beyond.
To ensure consideration, your application must include, at a minimum, your name, date of birth, evidence of Afghan nationality, and email address, along with the required documents. However, only complete applications containing all required documents and information will be accepted and forwarded to the COM designee for a decision.
Applicants who meet the December 31, 2025, deadline may provide additional required information or documentation following that date. It's crucial to ensure that all necessary documents and information are included to expedite the processing of your application. Incomplete applications may result in delays or denial of approval.
What is Chief of Mission (COM) Approval, and Who is the COM Designee?
The (COM) serves as the principal officer in charge of a diplomatic mission. In the context of the Afghan Allies Protection Act of 2009 (Public Law 111-8), COM approval functions required for a Special Immigrant Visa (SIV) application may be delegated to a designated individual known as the Chief of Mission Designee or COM Designee, as outlined in section 602(b)(2)(D)(i) of the Act.
The COM Designee is tasked with performing specific functions related to COM approval for SIV applications. This designation allows for efficient processing of SIV applications by ensuring that the necessary approval functions can be carried out promptly and effectively.
Applicants seeking SIV status must adhere to the procedures and requirements set forth by the COM or COM Designee to obtain approval for their applications.
What documents should be required, and what is my first step to get SIV if I'm eligible?
If you are eligible for the Special Immigrant Visa (SIV) program, your first step is to collect the necessary Chief of Mission (COM) documents. Begin by reviewing the program requirements to ensure you understand the necessary documentation and process.
The five documents required to support your SIV application include Form DS-157 Petition for Special Immigrant Classification for Afghan SIV Applicants. Here's what you should include in your application:
- Form DS-157
- Letter of employment verification
- Letter of recommendation from supervisor
- Badge number
- Tazkera and Passport
Once you have scanned all the above required documents, attach each scan to an email and send it to AfghanSIVApplication@state.gov. In the subject line of the email, include the principal applicant’s name as it appears in the passport or tazkera, followed by the applicant’s date of birth in the format: MONTH-DAY-YEAR.
By following mentioned steps and providing comprehensive documentation, you can initiate the process of obtaining your SIV. Applications must be submitted no later than December 31, 2025, or extended deadline.
What Steps Can I Take While Waiting for Chief of Mission (COM) Approval?
There is no timeframe for issuing COM approval to your SIV application. Just make sure have submitted reliable documents from your end and then wait for the final decision. While awaiting Chief of Mission (COM) approval for your Afghan Special Immigrant Visa (SIV) application, consider the following proactive steps:
- Review the documents you submitted to COM to ensure they meet current SIV program requirements. If any documents are outdated or incomplete, submit new or revised versions to AfghanSIVApplication@state.gov.
- Check the accuracy of your supervisor's and employer's contact information. If there have been changes, promptly notify NVC via email with the updated details.
- If there are inaccuracies in your work dates or if your employment status has changed, update your LORs and letter of HR accordingly. Ensure that each letter includes precise start and end dates of supervision, and the HR letter specifies reasons for the termination of your employment.
- Identify and resolve common problems in your application, such as incomplete information in LORs or HR letters. Request updated letters from your supervisors or employers, ensuring they adhere to the guidelines, and submit them to NVC promptly.
- Maintain communication with your employer and supervisor to verify the accuracy of the information provided in your application.
- Regularly inquire about your application status by emailing AfghanSIVApplication@state.gov with your name, date of birth, and SIV case number.
- Notify your caseworker if your records are included in the Rabbit Project, a database used for vetting SIV applicants.
- Understand that the SIV application process can be lengthy. Remain patient while awaiting a decision from COM.
- If NVC has not taken the decision on your application for a few years, then you can contact a member of the U.S. Congress or a relevant organization for assistance.
What contact information do I need during the process of my SIV case?
Throughout the Special Immigrant Visa (SIV) process, it's essential to have access to the appropriate contacts for any questions or assistance you may require. Here are the contact details for various stages and inquiries related to your SIV case:
- Questions on COM Approval: If you have inquiries regarding how to receive Chief of Mission (COM) approval, you should contact the National Visa Center (NVC) via email at AfghanSIVApplication@state.gov.
- Filing Requirements and Instructions for Form I-360 Petition: For questions concerning filing requirements and instructions for an SIV Form I-360 petition, reach out to the USCIS Nebraska Service Center by emailing sivtranslator.nsc@dhs.gov.
- SIV Case Status with NVC: After you submit the form DS-260 you need information about your case status by contacting the National Visa Center (NVC) at NVCSIV@state.gov.
- Immigrant Visa Interview: For inquiries about your immigrant visa interview, you should contact the U.S. Embassy or Consulate where the interview will be scheduled. You can find a list of U.S. Embassies and Consulates at http://www.usembassy.state.gov.
- Relocation and Sending Required Documents: If you require information about relocation and need to send required documents, reach out to the Coordination for Afghans Relocation Efforts (CARE) via email at CARETravelData@state.gov.
- SIV Resettlement Benefits and Post-Arrival Services: For inquiries regarding SIV resettlement benefits and post-arrival services, contact the Refugee Processing Center at SIV@wrapsnet.org and IOM at SIV_OPE@iom.int.
How do I transfer my SI or SQ Special Immigrant Visa (SIV) case from one embassy or consulate to another?
If you need to transfer your Special Immigrant Visa (SIV) application to a different embassy or consulate, you can initiate the transfer process by following these steps:
- Determine the U.S. embassy or consulate where you wish to transfer your SIV case. Ensure that the chosen embassy processes immigrant visas, as some may only handle non-immigrant visas.
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Send an email to NVCSIV@state.gov with the following details:
- Your full name
- Date of birth
- Case number
- The embassy or consulate you want to transfer your case to
- If you had an interview scheduled at the Embassy Kabul but were unable to complete it, email an immigrant visa processing U.S. embassy or consulate where you can travel. Include your name, date of birth, case number, and any documents from the embassy showing your scheduled interview.
- The receiving embassy or consulate may take some time to respond to your request. Please note that scheduling your interview at the new location may also be delayed by weeks or months.
It's important to keep in mind that the transfer of your SIV case might not result in immediate processing, and the processing times may vary depending on various factors, including current capacity and operational constraints, especially due to some restrictions. Some embassies are only scheduling interviews if you are physically in the relevant country.
Can my spouse and children receive Special Immigrant Visas (SIVs)?
Yes, Afghan SIV applicants can apply not only for themselves but also for their spouses and unmarried children under 21 years old. If your spouse and children are in Afghanistan and you seek information about departure assistance, you can refer to the State Department’s Afghan Family Reunification website.
However, if your spouse and children are outside of the U.S. and cannot attend a visa interview with you, they will need to apply for their SIVs after you receive an SIV and immigrate to the U.S. This process is known as "follow-to-join SIV."
To qualify for a follow-to-join SIV, your spouse must have married you before you immigrated to the U.S., and your unmarried children under 21 can also apply. If your spouse and children do not meet the criteria for a follow-to-join SIV, you may still have the option to submit an I-130 petition for them.
My child was less than 21 years old when I applied for an SIV but is now over 21 years old. Is my child included in my case?
Yes, if your child was under 21 years old when you initially applied for a Special Immigrant Visa (SIV) but turned 21 during the application process, they may still qualify for an SIV or a follow-to-join SIV.
The U.S. government evaluates whether your child was under 21 years old at the time you filed your SIV petition. If you were required to file an I-360 petition, the government considers whether your child was under 21 years old on the date you submitted the I-360. If an I-360 petition wasn't necessary, the evaluation is based on whether your child was under 21 years old on the date you filed a DS-157.
It's crucial to take timely action if your child turned 21 after your SIV petition was filed. You should file a DS-260 visa application. Failure to file within the specified timeframe may result in your child losing eligibility for an SIV. Navigating the SIV application process with consideration for changing circumstances regarding age eligibility is important.
Will My Petition Be Rejected or Have to Be Refiled When the Numerical Limit of SIV is Reached?
No, your petition will not be automatically rejected if the numerical limit of visas is reached. The U.S. Citizenship and Immigration Services (USCIS) and National Visa Center (NVC) will continue to process each petition regardless of the visa quota status.
Once your petition is approved by USCIS, it will be forwarded to the National Visa Center (NVC). If visas are still available at the time your petition reaches NVC, they will proceed to contact you to schedule the visa interview. However, if the visa quota has been met and no further visas are available, NVC will hold your petition until additional visas become available in subsequent fiscal years.
The U.S. Congress has passed around 20000 each year and will pass some in the future, so those who are in line for interviews still have a chance to get a visa and resettle in the United States, so there is no space to get worried.
What is the difference between SQ and SI in SIV cases?
In SIV (Special Immigrant Visa) cases, understanding the distinction between SQ (Special Qualifying) and SI (Special Immigrant) categories is crucial:
- SI Category: SI refers to “Special Immigrant” in SIV program. Reserved for translators who are directly hired by Americans and have a contractual agreement with them. These translators work directly with US personnel and are employed under specific arrangements with the US government or its affiliated agencies.
- SQ Category: SQ refers to "Special Qualifying" in SIV program. Encompasses individuals who are not interpreters but are either direct or indirect employees, often through companies in any position or ranking. This category includes non-interpreters who have contracts directly with foreign entities, interpreters employed by private companies and private firms.
The distinction lies in the nature of employment and contractual arrangements. SI applicants have direct employment relationships with American military entities, particularly in translation roles, while SQ applicants may have diverse employment backgrounds, including indirect relationships with American or foreign entities through private companies or NATO affiliations.
Where can I proceed with my SIV case?
Once outside of Afghanistan and in a country where U.S. embassies are processing SIV cases, individuals can initiate the processing of their SIV cases. It's important to note that processing SIV cases is not possible in certain countries, including Iran, Afghanistan, Yemen, Syria, Somalia, North Korea, and potentially Tajikistan.
When relocating to a third country, individuals should research whether that country hosts a U.S. embassy or consulate where SIV processing services are available. Countries with U.S. diplomatic missions typically facilitate SIV application processes for eligible individuals. These embassies or consulates provide assistance in completing necessary forms, scheduling interviews, and submitting required documentation for SIV applications.
Additionally, individuals should consider factors such as visa requirements, legal status, and available support services in the chosen country. Some countries may have specific visa categories or residency permits for individuals awaiting refugee processing, while others may require individuals to apply for asylum or seek alternative legal statuses.
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For more information
For more information on immigration, resettlement, education and scholarship programs, and other opportunities available to Afghans worldwide, as well as details on the humanitarian services provided by international organizations in Afghanistan and procedures for obtaining civil documents from governmental institutions, please visit Beporsed's website and social media pages.