This is a guide on miscellaneous issues and concerns related to the U.S. Special Immigration Visa (SIV) Program, which is developed in Frequently Asked Questions (FAQ) format. In this guide, we address common queries and concerns about the miscellaneous issues and concerns related to SIV, aiming to provide clarity and guidance to individuals navigating the complexities of the situation. 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. From navigating procedures to understanding legal complexities, SIV holders may face a myriad of challenges throughout their immigration process. Our aim is to provide clarity and guidance on these issues, offering support and resources to ensure a smoother transition to life in the United States. Whether it's clarifying eligibility criteria, addressing delays in processing, or seeking assistance, we're here to help SIV holders overcome obstacles and achieve their goals of building a new and secure future in the United States. Please refer to our website if you did not find your response here.
Join us as we navigate the essential questions surrounding the miscellaneous issues and concerns related to SIV, empowering individuals with knowledge and support on their journey to resettlement.
What is the Special Immigrant Visa (SIV) program, and what prompted the initiation of the Afghan SIV program?
SIV stands for Special Immigrant Visa. It is a program established by the United States government to provide visas to certain individuals who have worked with the U.S. government or its military forces in specific capacities and face threats as a result of their employment. These individuals may include interpreters, translators, and other support personnel who have assisted the U.S. mission in Afghanistan or Iraq.
The Afghan SIV program was started to provide protection and assistance to Afghan nationals who have worked with the U.S. government or military during the war in Afghanistan. Many of these individuals have put their lives at risk by providing crucial support to U.S. forces, often facing retaliation and threats from insurgent groups as a result. The program aims to recognize their service and provide them with the opportunity to seek safety and resettlement in the United States, away from the dangers they face in their home country.
The Afghan Special Immigrant Visa (SIV) program was initially established in 2009 through the Afghan Allies Protection Act. It has since been renewed and expanded several times to accommodate eligible applicants and address various challenges faced during the application process. Additionally, it's important to note that the Afghan SIV program is scheduled to end by December 31, 2024, based on information as of February 2024. However, efforts are underway in Congress to extend it until 2025.
The future of the Afghan SIV program will likely depend on various factors, including political dynamics, security situations in Afghanistan, and the ongoing U.S. military presence in the region. As long as there are Afghan nationals who have worked with the U.S. government or military and face threats as a result, there may be continued advocacy for the extension and enhancement of the SIV program to ensure the safety and protection of these individuals.
I got my Conditional Approval letter. What should I do next?
After submitting the form i-360 and receiving your Conditional Approval letter for the Afghan Special Immigrant Visa (SIV) program, the next step is to fill out and submit the DS-260 application form through the Consular Electronic Application Center (CEAC) portal.
This form should be completed for both yourself and any eligible family members included in your application. The DS-260 gathers biographical information and other necessary details for processing your visa application. If you are an Afghan SIV applicant currently residing in Afghanistan, you would typically fill out the DS-260 form immediately after receiving COM approval.
However, if you are already in the United States, you would first need to fill out the I-360 petition, obtain conditional approval, and then proceed to fill out the DS-260 form. For detailed guidance on completing the I-360 and DS-260 forms, you can refer to the information provided on the “Beporsed” website.
Why is the format of my case number different compared to most other Afghan SIV applicants?
The Department of State implemented measures to streamline the processing of Afghan Special Immigrant Visa (SIV) applications received by the National Visa Center (NVC) after August 2021. As a result, various departments within the Department of State were involved in the initial creation of SIV case numbers.
Consequently, the first 1-3 characters of the case number may differ based on the specific office responsible for creating the case. While the majority of case numbers traditionally start with “NVC,” applicants might also receive case numbers that begin with “ASI,” “SCA,” “I,” or “KCC.” Despite the variation in the initial characters, all SIV cases undergo review through the existing Chief of Mission approval process, followed by documentation processing by the NVC.
It's important to note that regardless of the specific prefix, all Afghan SIV applications follow the same established procedures and receive equal consideration during the processing phase.
How can I inquire about my Afghan SIV application?
To inquire about the status of your Afghan Special Immigrant Visa (SIV) application, you can send an email to the National Visa Center (NVC) at AfghanSIVapplication@state.gov.
In the email subject line, include "SIV Application Inquiry – Case Number: [Your NVC Case Number] – Date of Birth." In the email body, provide your full name, date of birth, and NVC case number. Express your request for an update on the status of your application and mention the duration since your last communication. Include your contact information, such as your full name and an international phone number, and express appreciation for their assistance. Remember to await a prompt response and check your email regularly for updates.
Please ensure your email is polite, and concise, and includes all necessary information to facilitate a timely response from the NVC. Keep in mind that response times may vary, and it's recommended to remain patient throughout the process.
Why am I asked to reassign my SIV case from Embassy Kabul to another post?
Due to the suspension of operations at the U.S. Embassy in Kabul since August 31, 2021, visa services, including SIV interviews, are unavailable in Afghanistan. Applicants with approved DS-260 petitions ready to schedule their SIV interviews outside Afghanistan can request a case reassignment by contacting NVC at NVCSIV@state.gov.
However, it's crucial to request reassignment only to countries where you can travel. Reassigned interviews can only be accommodated at U.S. embassies or consulates with immigrant visa processing capacity. NVC will notify applicants when their interviews are scheduled after all required documents are submitted, and the receiving post confirms interview capacity.
While SIV interviews are prioritized worldwide, wait times may vary due to some limitations. If you missed an interview appointment, contact the nearest U.S. embassy or consulate with immigrant visa processing capacity to request a new interview. However, if you didn't have an interview scheduled at the U.S. Embassy, refrain from direct contact with U.S. embassies or consulates, as they cannot reassign your interview.
What is a social media handle/identifier and do the U.S. government check my social media before visa issuance?
A social media handle or identifier is a unique username used by individuals or organizations on social media platforms to identify themselves. It serves as an address for locating and interacting with them online, allowing others to find or identify them in posts, comments, or messages across various social media platforms.
Regarding social media checks by the U.S. government during the visa application process, it's important to note that such checks are conducted for certain visa categories, including both immigrant and non-immigrant visas. The U.S. government may review an applicant's social media activity as part of the vetting process. While the extent and specifics of these checks may vary depending on the visa category and individual circumstances, it's advisable to maintain a responsible and professional social media presence.
Given the possibility of social media scrutiny during the visa application process, applicants should be mindful of their online activity and ensure that their public posts align with the requirements and expectations of the visa application process.
What happens if the principal applicant of an SIV is dead?
If the principal applicant of an SIV is deceased, spouses or children listed in the original COM (Chief of Mission) application may still be eligible for a special immigrant visa. However, specific conditions must be met:
- The application must have received COM approval before the principal applicant's death.
- The spouse and children must have been listed in the application as accompanying the principal applicant.
In some cases, spouses or children may still be eligible to apply for an SIV even if the principal applicant has passed away before the COM approval. However, additional documentation may be required. This includes providing an updated HR letter and recommendation letter that clearly indicates the death of the principal applicant. The provided documents should support the family's eligibility for the visa.
What happens if the principal applicant dies after the COM approval of the petition?
If the principal applicant for a Special Immigrant Visa (SIV) dies after the COM approval of the petition, the spouse or child may still be eligible for the visa under certain circumstances. To proceed with the application, the family members must provide comprehensive documentation to support their case.
The first step is to ensure that the principal applicant had submitted a Chief of Mission (COM) application listing the spouse or child as accompanying them before their death. Alternatively, the family members must provide documents proving their relationship to the deceased applicant, such as marriage certificates or birth certificates.
Additionally, it is crucial to submit the death certificate of the principal applicant along with the application. This helps confirm the circumstances surrounding the principal applicant's death and establishes the basis for the family members' eligibility for the visa.
Furthermore, providing supervisor recommendations or other evidence of the deceased applicant's employment and support for their family can strengthen the family members' case for receiving the SIV.
Throughout the process, the family members should maintain communication with the National Visa Center (NVC) and provide any additional documents requested to support their application.
If an SIV primary applicant dies before the U.S. visa is issued, can a spouse and children 'pick up' the case?
Yes, in certain circumstances, a spouse or child of an SIV (Special Immigrant Visa) primary applicant may be able to continue the application process if the primary applicant passes away before the visa is issued. Prior to July 20, 2022, eligibility for continuing the application was contingent upon the principal applicant having submitted a COM (Chief of Mission) application before their death. However, since July 20, 2022, spouses and children have been allowed to file a COM application themselves, provided that the marital or parent-child relationship existed prior to the principal applicant's death.
Detailed information on this matter can be found in Section E, Derivative Beneficiaries. It's crucial for spouses and children in such situations to review relevant information and policies carefully to understand their eligibility and the necessary steps to proceed with the application process.
What if I already have a file with UNHCR or a UN number? Can I also apply to SIV or other U.S. files??
If you meet the eligibility criteria of the SIV Program, you may apply for an SIV even if you are already registered with the United Nations High Commissioner for Refugees (UNHCR) and/or have an application pending with the U.S. Refugee Admissions Program (USRAP).
Having a file with UNHCR or a UN number does not disqualify you from applying for an SIV. The Special Immigrant Visa (SIV) Program has its own eligibility requirements and application process separate from other refugee resettlement programs. Therefore, you should proceed with the SIV application process if you believe you meet the criteria, regardless of any existing registration or application with UNHCR or USRAP.
If I am in Afghanistan, can my interview be conducted at the U.S. Embassy in Kabul?
Currently, the U.S. Embassy in Kabul, Afghanistan, is closed for interviews the mentioned is providing services to Afghans from Doha, Qatar. If you are located in Afghanistan, your interview will not be conducted at the U.S. Embassy in Kabul.
Instead, you will need to travel to Doha, Qatar, or the closest U.S. embassy or consulate that adjudicates immigrant visa applications. If traveling to another country is not feasible for you, you should remain in Afghanistan and stay in contact with the National Visa Center (NVC) and Coordination for Afghan Relocation Efforts (CARE). These organizations will assist you in relocating to a third country, such as Qatar, Pakistan, Albania, or Germany, where your interview appointment will be scheduled, and your U.S. visa case will be processed.
It's recommended to maintain communication with NVC and CARE to ensure that you receive the necessary support and guidance throughout the relocation and interview process. For further updates and assistance, you can refer to the official website of the U.S. Embassy at http://www.usembassy.gov.
Will the U.S. government pay the cost of my travel to the interview or provide accommodations at the interview site?
No, the U.S. government does not cover the cost of travel to your visa interview or provide accommodations at the interview site. It is essential to plan for the possibility of needing to stay for more than one day in the city where your interview takes place, as you may not be able to complete your medical examination and interview on the same day. Some medical exams may require tests with delayed results, further prolonging your stay.
However, if the U.S. government initiates your relocation process, they will cover all associated costs until you are issued the visa. Therefore, it's crucial to carefully consider your travel and accommodation arrangements in advance of your interview appointment.
Additionally, ensure that you have the necessary documentation and resources to support yourself during your time away from home. If you have any questions or concerns about the logistics of attending your visa interview, you can contact the NVC or CARE for guidance and assistance.
Can the U.S. Embassy arrange for my entry visas and guarantee admission to another country for my visa interview?
No, the U.S. Embassy cannot arrange entry visas or guarantee admission to another country for your visa interview. While embassies and consulates collaborate closely with host-country counterparts to ensure coordination on significant programs like the Special Immigrant Visa (SIV) program, the decision regarding entry and admission into another country ultimately rests with the government of that country.
If you encounter challenges entering another country for your visa interview, you have the option to request a case transfer to another immigrant visa issuing post. To initiate a case transfer, you should reach out to the post where your case is currently scheduled for an interview.
It's important to understand that while embassies and consulates can provide guidance and support throughout the visa application process, they cannot guarantee entry into another country or influence the decisions of foreign governments regarding visa issuance or admission. Therefore, it's advisable to carefully plan and prepare for any potential travel or visa-related challenges in advance of your interview appointment.
Is there a U.S. visa application fee for Afghans?
No, under the Special Immigrant Visa (SIV) program, as well as the P-2 and some other resettlement programs specific to Afghan applicants, there is no immigrant visa application fee. However, applicants are responsible for covering all costs associated with the medical examination and travel expenses for themselves and their family members if they travel without CARE.
It's important to note that while the visa application itself does not incur a fee, other fees may apply depending on the specific visa category or program. Additionally, if the U.S. government initiates the relocation process, it will typically cover all expenses until the visa is issued.
Also, applicants need to be aware of any potential fees related to their visa application process and to plan accordingly. It's recommended that you stay informed about the latest fee requirements and consult with the appropriate authorities or legal advisors for clarification on any financial obligations associated with the visa application process.
Will I receive my visa on the same day as my interview at the U.S. embassy?
No, in most cases, you will not receive your visa on the same day as your interview. While the consular officer will inform you of any issues with your case or missing documentation during the interview, the issuance of the visa typically requires additional administrative processing. This processing may include background checks and verification of information provided during the interview.
However, in very exceptional cases where all necessary documentation is in order, and there are no issues with the application, a visa may be issued on the same day as the interview. It's important for applicants to be prepared for the possibility of a waiting period between the interview and the issuance of the visa. During this time, applicants should remain accessible and responsive to any requests for additional information or documentation from the embassy or consulate.
Additionally, applicants can inquire about the expected timeline for visa processing during their interview to better understand what to expect.
I have an SIV case, at what point can I begin to make travel arrangements, sell property, and give up my job?
It is essential to exercise caution and refrain from making significant life decisions, such as selling property or leaving employment, until certain milestones in the SIV process have been reached. Specifically, you should not take these actions until the U.S. embassy or consulate has issued your SIV visa, and your case has been referred to the International Organization for Migration (IOM) for travel arrangements by the Refugee Processing Center (RPC).
Even if you have been approached about a potential flight or relocation to a third country, it is crucial to understand that the issuance of a U.S. visa is not guaranteed until the embassy or consulate officially approves it. Prematurely selling property or quitting employment can lead to complications if unforeseen delays or issues arise during the visa processing period.
Therefore, it is advisable to wait until you have received official confirmation of your visa approval and travel arrangements before making any significant changes to your living situation or employment status.
Does holding the title of 'Trainee' affect someone's eligibility for the SIV program?
Sure, the title "trainee" can indeed affect someone's eligibility for the Special Immigrant Visa (SIV) program. Trainees are generally not eligible for SIV program due to the nature of their work relationship, unless they fulfill specific requirements.
In order to be eligible for the SIV program, individuals in trainee positions must be considered integral to the organization's workforce, receive benefits, and be subject to the same rules as other employees. Despite holding the title of "trainee," if an individual meets these criteria and can demonstrate a significant role within the organization, they may still qualify for the SIV program.
For individuals in traineeships who believe they meet the SIV criteria, it is advised to thoroughly review the eligibility requirements and seek guidance from the relevant authorities or organizations to obtain the necessary documentation.
Are interns eligible to apply for SIV?
Paid interns who have completed the required length of service (typically one year) may be eligible to apply for an SIV (Special Immigrant Visa) as primary applicants. However, unpaid interns are generally not eligible for the SIV program, even if they interned directly with U.S. institutions. Unpaid interns may explore alternative visa options, such as the P-2 visa program, which is designed for participants in reciprocal exchange programs.
It's essential for interns who believe they may be eligible for an SIV to verify their eligibility with their employers and gather the necessary documentation to support their applications. This documentation may include proof of employment, duration of internship, and other relevant details.
Interns should also consider consulting with legal experts or relevant authorities to explore their options thoroughly and ensure compliance with SIV program requirements. While interns may have valuable contributions and experiences, eligibility for the SIV program is contingent upon meeting specific criteria established by U.S. immigration laws and regulations.
Will the NVC accept my unofficial (orfi) marriage certificate?
The NVC strictly requires marriage certificates to be officially issued by the government and bear the stamp of the foreign ministry. All documents submitted to the NVC must meet official issuance criteria. However, there have been exceptions in rare cases, particularly in emergency situations, such as those arising from the collapse of the Islamic Republic government in 2021 and the ensuing turmoil in Afghanistan.
Typically, unofficial (orfi) marriage certificates are not accepted by the NVC due to their lack of official recognition. However, considering extenuating circumstances, NVC may make exceptions on a case-by-case basis. It's crucial to understand that such exceptions are rare and are usually contingent upon the emergency nature of the situation.
If you possess an unofficial marriage certificate and believe it's necessary for your visa application, it's advisable to contact the NVC directly to inquire about their specific requirements and whether they would consider accepting such documentation in your particular circumstances.
My Spouse’s SIV case is denied, and now I want to apply for SIV. Should I state in DS-157 that my spouse had an SIV case?
No, you do not need to mention your spouse's SIV case number on the DS-157 form. Question 22 specifically addresses whether your deceased spouse or parent had previously applied for Chief of Mission (COM) approval. This question is primarily relevant for widows and orphaned (Yateem) children applying for Special Immigrant Visas (SIVs). It serves to inquire if there was a prior application for COM approval by a deceased spouse or parent.
In your case, where your spouse's SIV application was denied, you are not obligated to provide their case number in response to Question 22. This question pertains specifically to situations involving a deceased spouse or parent's application history. Therefore, as the surviving spouse applying for SIV independently, you can omit to mention your spouse's denied SIV case number.
It's important to accurately complete the DS-157 form and provide truthful information relevant to your own application. By adhering to the guidelines and requirements outlined by the immigration authorities, you can ensure a smooth and legitimate application process for your SIV.
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