This is a guide on family unification in the U.S. and the eligibility of family members in the SIV Program. In this article, we address common queries and concerns about family unification U.S. and family eligibility in SIV, 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. Please always refer to official sources relevant to your situation. For legal guidance and advice, we recommend consulting official sources such as the travel.state.gov website. Family Members and Unification Eligibility in the Afghan Special Immigrant Visa (SIV) Program refers to the provisions allowing certain family members of eligible Afghan applicants to accompany or join them in the United States. Under the SIV program, primary applicants who have worked for or provided valuable assistance to the U.S. government or military in Afghanistan may be eligible to sponsor certain family members for immigration to the U.S.
Join us as we navigate the essential questions surrounding family unification in the U.S. and the eligibility of family members in the SIV Program, empowering individuals with knowledge and support on their journey to resettlement.
Who qualifies as family members in the SIV case of a principal applicant?
Family Members and Unification Eligibility in the Afghan Special Immigrant Visa (SIV) Program refers to the provisions allowing certain family members of eligible Afghan applicants to accompany or join them in the United States. Under the SIV program, primary applicants who have worked for or provided valuable assistance to the U.S. government or military in Afghanistan may be eligible to sponsor certain family members for immigration to the U.S.
Eligible family members typically include the spouse and unmarried children under the age of 21 of the primary SIV applicant, but may also extend to unmarried adult children over 21 in certain cases. The parents of the primary applicant may be eligible for sponsorship, though eligibility criteria may vary depending on specific program requirements when the
If I have more than one wife, will all of them get a U.S. visa issued?
No, under US laws, having multiple wives simultaneously is not permitted. If you are involved in a polygamous marriage and attempt to sponsor more than one wife for immigration to the United States, your case will likely be denied on grounds of practicing polygamy. Moreover, attempting to deceive the US government by misrepresenting the relationship status of your spouses is strongly discouraged and may result in severe consequences, including permanent bans on entering the USA.
In cases where a person has multiple wives, only the first marriage is legally recognized for immigration purposes. This means that you cannot bring additional wives to the United States through sponsorship or visa applications. Attempting to circumvent this restriction by falsely claiming one of your wives as your daughter is illegal and unethical.
If you have questions or require clarification regarding your specific situation, it is advisable to contact the US embassy or consulate processing your immigration case.
Can I include my fiance (naamzad) under my SIV case?
No, only husbands and wives are eligible to be included in the Special Immigrant Visa (SIV) case for Afghan applicants. Fiances, or individuals engaged to be married, cannot be added to the SIV case. It's important to note that according to Afghan cultural norms, an engagement (naamzad) does not hold the same legal status as marriage. In Afghan culture, marriage is formalized through a Nikah ceremony and the issuance of a marriage certificate, indicating that the individuals are legally recognized as husband and wife, regardless of whether they reside together. If you have not held a wedding ceremony with your fiancee, but you have an official marriage certificate, you can include this fiancee in your file.
Therefore, under the SIV program's eligibility criteria, only individuals who are legally married and can provide documentation of their marital status are considered eligible dependents for inclusion in the SIV case. While engagements hold significance in Afghan culture, they do not meet the requirements for spousal inclusion in the SIV application process.
If you have further questions or need clarification about your specific situation, it is advisable to consult with the appropriate authorities or legal professionals familiar with SIV cases and immigration procedures.
Can I include my parents, brother or sister in my Afghan SIV case?
No, under the Afghan Special Immigrant Visa (SIV) program, only specific family members are eligible for inclusion in the SIV case. Generally, only spouses (including legally recognized husbands or wives) and unmarried children under the age of 21 are considered eligible dependents for inclusion in the SIV case. This means that parents, brothers, or sisters cannot be included as dependents in the SIV application process.
However, if you successfully obtain lawful permanent resident status in the United States through the SIV program or through other means, you may have the option to sponsor your parents, brothers, or sisters for an immigrant visa to join you in the United States. This typically involves a separate immigration process and eligibility requirements, which may vary depending on your immigration status and relationship with the individuals you wish to sponsor.
It's important to consult with immigration professionals or legal experts familiar with Afghan SIV cases and family-based immigration procedures for personalized guidance and assistance regarding your specific situation.
Can I include my nephew or niece in my SIV case?
No, under the Afghan Special Immigrant Visa (SIV) program, only spouse and unmarried children under 21 years old are eligible to be included in a SIV case as dependents. Nephews, nieces, and other relatives, such as siblings' children, cannot be added to the SIV case as dependents.
It's important to note that the inclusion of family members in the SIV case is subject to verification by the consular authorities. If there are doubts regarding the relationship between the applicant and the claimed dependents, the consular officer may request DNA testing to confirm the familial relationship.
However, if there are legal documents or agreements demonstrating a legitimate guardianship or custodial relationship between the applicant and a child who is not their biological offspring, it may be possible to include them in the SIV case. However, the problem is that the current government of Afghanistan does not recognize a non-biological child and does not issue required documents, and this failure to provide documents can have a negative impact on your case and relocation. Such documents should be presented to the consular officer for consideration during the visa application process.
Can I include my married children in my Afghan SIV case?
No, married children are not eligible to be included in a parent's Afghan Special Immigrant Visa (SIV) case, regardless of their age. The SIV program specifically allows for the inclusion of a spouse and unmarried children under 21 years old as dependents in the SIV case. However, if your children are legally married and have marriage certificates, they cannot be included in your SIV case.
It's important to adhere to the eligibility criteria set forth by the SIV program to avoid complications or potential denial of the visa application. Attempting to include married children in the SIV case may result in the delay or rejection of the entire application.
If you are a U.S. citizen or become one in the future, you may have the opportunity to sponsor your married children for immigration to the United States through other visa categories. However, this process typically involves different requirements and procedures than the Afghan SIV program.
Can I include single (unmarried) children over 21 years old in my Afghan SIV case with providing justification?
No, unfortunately, only single children under 21 years old are eligible to be included in a parent's Afghan Special Immigrant Visa (SIV) case. The SIV program specifically allows for the inclusion of unmarried children under the age of 21 as dependents in the SIV case. If your children reach the age of 21 during the SIV processing period, they will be eligible to be included in the parent's SIV case.
It's important to adhere to the eligibility criteria set forth by the SIV program to avoid complications or potential denial of the visa application. Attempting to include children over the age of 21 in the SIV case, even with justification, may result in the delay or rejection of the entire application.
Furthermore, attempting to manipulate or falsify information, such as altering the child's age in official documents like passports or tazkiras, is strongly discouraged and may lead to serious consequences, including denial of the SIV case and potential legal penalties.
I have a newborn child. How can I include the newborn child in my SIV case?
The process of adding a baby to your SIV (Special Immigrant Visa) case depends on the current status of your case.
If your case is still at the National Visa Center (NVC), you should email a scanned copy of the baby's birth certificate to NVCSIV@state.gov. Once NVC receives the birth certificate and adds the child to your case, you will be able to submit a DS-260 visa application for the child through the Consular Electronic Application Center (CEAC) at ceac.state.gov.
If your case already has a KBL (Kabul) or ISL (Istanbul) number, you need to send the baby's birth certificate and passport (if available) to the CARE at CARETravelData@State.gov.
If the case has been transferred to another embassy, either by the NVC or by you, whether or not you are awaiting relocation through the US government, in addition to sending it to CARE, you must also send the baby's birth card and passport to the relevant embassy or consulate.
Please remember that, in the subject line of the email, include your case number, specify "add a baby" (e.g., KBL2022xxxxxxxx - Add a Baby") and write down your request in body of the email.
I am a US citizen or green card holder marrying a divorced/widowed person that has children. Can I sponsor the person with their children for a USA visa?
Yes, as a US citizen or green card holder, you have the ability to sponsor your spouse's children for a USA visa, provided that the marriage creating the step-relationship occurred before the child turned 18 years old. This step-relationship allows you to petition for your step-children to immigrate to the United States as permanent residents. However, it's important to note that there are specific requirements and procedures to follow when sponsoring step-children, including submitting the necessary documentation and completing the appropriate application forms.
For detailed information on how to sponsor step-children for immigration to the United States, including the application process and required documents, you can visit the official website of the United States Citizenship and Immigration Services (USCIS). The USCIS provides comprehensive guidance on bringing children, sons, and daughters to live in the United States as permanent residents.
Can I include my stepchildren in the U.S. immigration case?
Yes, you can include your stepchildren in your U.S. immigration case under certain conditions. If you are the primary or principal applicant, your spouse's children from a previous marriage, known as stepchildren, may be eligible for inclusion in the U.S. visa application process. However, there are specific requirements that must be met:
- If the principal applicant is a female, her husband must not have a current marital relationship with another woman. Additionally, documentation such as a death certificate or divorce certificate from the previous marriage must be provided. Stepchildren from the husband's prior marriage can then be included in the visa application.
- If the principal applicant is a male and has children from multiple marriages, all children from each marriage can be included in the immigration file. However, only one spouse can be included in the application unless the husband has divorced the previous spouse, or the previous spouse has passed away.
- In such cases, stepchildren from a spouse's previous marriage can be included in the US immigrant visa application, but the main problem is that the applicant does not qualify cause of having more than one spouse, as polygamy is not permitted under U.S. law.
For detailed guidance on stepchildren for immigration to the United States, including the application process and required documents, it's advisable to visit the official website of the United States Citizenship and Immigration Services (USCIS).
I got engaged or married after my arrival in the US. How can I sponsor him/her?
If you arrived in the USA as a single individual through the Special Immigrant Visa (SIV) program and subsequently become engaged or married, the process of sponsoring your spouse to join you in the United States involves a separate application procedure.
Firstly, it's important to note that once you have arrived in the US as a single person, your SIV case is typically considered closed, and you may no longer be eligible to add your spouse to your initial application. Instead, you'll need to sponsor your spouse through the process of obtaining a green card, also known as lawful permanent residency, in the United States.
To sponsor your spouse for a green card, you will need to file a Form I-130, Petition for Alien Relative, with US Citizenship and Immigration Services (USCIS). This form establishes the relationship between you and your spouse and serves as the initial step in the family-based immigration process.
Once the Form I-130 is approved, your spouse will need to apply for an immigrant visa through consular processing or adjust their status to that of a lawful permanent resident if they are already in the United States. This process can take several years, typically ranging from 2 to 3 years, depending on various factors such as USCIS processing times and visa availability.
I am the principal female applicant, but my husband has another wife. What will happen to my U.S. case?
As the principal female applicant in a situation where your husband has another wife, it's essential to understand that US immigration law only recognizes marriages between one husband and one wife. In polygamous marriages, where a person has more than one spouse, only the first spouse is considered legally married for immigration purposes.
Given this legal framework, your husband's existing marriage to another wife may complicate the immigration process, especially if he is seeking to accompany you to the United States as a derivative beneficiary. In such cases, it is crucial to contact the US embassy or consulate handling your immigration case to seek clarification on the specific procedures and requirements applicable to your situation.
The embassy or consulate officials can provide guidance on how to proceed and may request additional documentation or information to assess your eligibility for immigration benefits. Depending on the circumstances and applicable laws, your husband's marital status could impact the outcome of your immigration case, and it's essential to address any concerns or questions proactively to ensure compliance with US immigration regulations.
I want to include my second young wife, or younger siblings as I have raised them like my own children in my case and take them to the US. Should I?
No, you cannot include extended family members, such as second wives, siblings, nieces, or nephews in your immigration case to the United States under an SIV visa. The US immigration law only allows for the inclusion of immediate family members. Immediate family members eligible for immigration under your SIV visa include your first (or only) wife and your biological children who are unmarried and under 21 years old, or who are protected under the Child Status Protection Act (CSPA). In special circumstances, adopted children may also be eligible for immigration, provided there is proper documentation and transparency about the adoption.
Attempting to misrepresent your family composition during the immigration process can lead to severe consequences, including inadmissibility to the United States for you and your entire family. Misrepresentation to US officials is a violation of immigration law (INA 212(a)(6)(E)), and attempting to conceal facts or misrepresent relationships during the interview can result in the denial of visas.
It is recommended to be truthful and forthcoming during the immigration process to avoid any complications or potential inadmissibility issues. If you have made any mistakes or misrepresentations on your DS-260 form, it is crucial to rectify them during your interview by admitting to any inaccuracies and requesting the necessary corrections to your case.
Is the immediate family member of an American citizen (AMCIT) or lawful permanent resident (LPR) who passed away still eligible to apply for an I-130 immigrant visa?
If the case is still pending with the United States Citizenship and Immigration Services (USCIS), meaning the initial petition has not yet been accepted, applicants should contact USCIS for further guidance.
For accepted petitions that are in the visa application stage, the process varies depending on the relationship of the beneficiary to the deceased petitioner:
- If the beneficiary is the spouse of the deceased petitioner (AMCIT/LPR), upon notification to the State Department of the petitioner's death, the I-130 application will automatically convert to an I-360 self-petition. Minor children will be included in this process.
- If the beneficiary is not a spouse, then the Department of State can request humanitarian consideration from USCIS. In such cases, the assistance of a US Embassy may be required to facilitate the process.
Refer to the Humanitarian Reinstatement guidelines for further information and guidance. Navigating immigration processes after the death of a petitioner can be complex, and applicants are encouraged to seek assistance from relevant authorities.
If a child who is a derivative on a parent’s SIV case marries but is widowed before the SIV process is complete and before age 21, are they still eligible as a derivative?
If the child of an SIV applicant, who is otherwise eligible (i.e., under 21), marries and is subsequently widowed before the completion of the SIV process, they remain eligible as a derivative. However, if this widowed child had a child themselves, the grandchild is not eligible for derivative status under the SIV application. Derivative benefits only extend directly from the principal applicant to their children, not to grandchildren.
In the case of an LPR (Lawful Permanent Resident) filing an I-130 petition for their child after being widowed, if the application is completed before the child turns 21 or while the child is protected by the Child Status Protection Act (CSPA), the grandchild would be eligible for derivative status. This eligibility stems from the child being the principal beneficiary of the petition.
What steps should SIV applicants with children born in third countries follow to ensure they will be eligible to be considered as part of their parents’ cases and eligible to travel with their parents?
SIV applicants with children born in third countries face unique challenges regarding documentation for their children. In such cases, NVC accepts statements of unavailability of Afghan Tazkira or passports for children and babies based on the observation and statements of the applicants and simply includes them in the case. Additionally, applicants should consult the State Department’s document reciprocity schedule to understand the specific documentation requirements for children born in third countries.
It's important to note that when applicants and their families are outside of Afghanistan, the U.S. government recognizes their situation and provides assistance accordingly. In cases where Afghan Tazkira or a passport cannot be obtained for the children, the U.S. government may issue specific travel documents to facilitate their relocation with their parents.
If a family was separated during the military evacuation in August 2021, what should the parolee in the U.S. file to help get his or her spouse and/or children in the pipeline?
If a family was separated during the military evacuation in August, the parolee in the US can take steps to initiate the process of reuniting with their spouse and/or children. They should file Form DS-4317 for Parolee family reunification. This form is specifically designed to facilitate the reunification of families who were separated during the evacuation. The latest information and detailed instructions for family reunification can be found on the State Department's website dedicated to Afghanistan family reunification.
For more specific guidance on filling out Form DS-4317 and other aspects of family reunification, individuals can refer to the “Beporsed” website. This resource provides additional information tailored to the needs of evacuees seeking to reunite with their families.
Once the DS-4317 form has been completed and submitted, individuals can check the status of their request through the State Department's application status inquiry portal.
What if a principal applicant of a U.S. visa is in a third country and the family is still in Afghanistan; can case processing begin for this family?
While it is possible for case processing to begin for the family of a principal applicant who is outside of Afghanistan, there are important considerations to keep in mind. Initiating the processing of the family's case does not guarantee their ability to join the principal applicant at a later date.
Typically, the USRAP (United States Refugee Admissions Program) and SIV (Special Immigrant Visa) processes require the principal applicant and their family to be in a third country for case processing. While there may be provisions for family reunification in the destination country, such as the United States, the process can be complex and lengthy.
It is generally advisable for families to remain together during the application process whenever possible. This ensures smoother coordination and communication between the principal applicant and their family members throughout the process. Additionally, being together can provide emotional support and assistance during what can be a challenging and uncertain time.
However, if the principal applicant successfully reaches the United States and establishes their status, there is avenues for family reunification through appropriate legal channels.
What happens if a child is left behind without their parents during relocation?
If a child is inadvertently left behind without their parents during the relocation process, CARE will make efforts to reunite the child with their parents or guardians. However, it's crucial to note that children cannot remain unattended at the relocation platform. In such cases, a parent or guardian must relocate to the platform to await the child's arrival and accompany them throughout the visa or refugee processing.
It's essential for individuals to understand that the process of reuniting families can be challenging and time-consuming. To avoid such situations, it's strongly recommended to ensure that children remain with their parents or guardians at all times during the relocation process.
For more information and assistance regarding family reunification, individuals can visit the State Department's Afghan Family Reunification website. This resource provides valuable guidance and support for families navigating the reunification process.
Ensuring that children are not left behind and facilitating timely family reunification are top priorities during the relocation process, and individuals should take proactive steps to prevent such situations whenever possible.
Will CARE assist in relocating my adopted children?
CARE typically does not facilitate the relocation of adopted children because of restriction from the current government in Afghanistan. While U.S. immigration law permits the relocation of adopted children with the necessary official documentation, adoption is not recognized under the Islamic Emirate of Afghanistan, which governs Afghanistan. Therefore, children who are considered "adopted" may not be or hardly eligible for CARE relocation assistance because of the government restriction.
It's important for individuals considering relocation to understand the legal implications of adopting children and to ensure compliance with both U.S. immigration law and the relevant laws of Afghanistan.
In general, U.S. immigration law does not allow for the inclusion of children under guardianship for relocation purposes. However, if individuals have the required legal documents pertaining to guardianship, they are advised to consult with the National Visa Center (NVC) and CARE for further guidance and clarification.
Are parents and siblings of American citizens (AMCITs) eligible for immediate relocation to the United States?
No, parents and siblings of AMCITs currently in Afghanistan or at camps in third countries are not eligible for immediate relocation to the United States under the current evacuation and relocation efforts. Eligibility for relocation to the US is primarily determined by specific visa categories and immigration pathways, and parents and siblings of US citizens do not fall within the categories prioritized for evacuation and resettlement.
Instead, parents and siblings of AMCITs in Afghanistan or at camps in third countries will need to explore alternative options for relocation, such as seeking asylum or resettlement in other countries. They can also consider pursuing immigration pathways to the US through family-sponsored visa petitions, such as Form I-130 for siblings.
However, it's important to note that the processing times for family-sponsored visa petitions can vary significantly, and there may be long waiting periods before a visa becomes available. Applicants should monitor the latest updates from the US Department of State, particularly the Visa Bulletin, which provides information on visa availability and priority dates for different visa categories.
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