The Special Immigrant Visa (SIV) is a program that offers permanent residency to people who assisted the U.S. government while working abroad. After the U.S. withdrawal from Afghanistan, many Afghan nationals have been seeking SIVs, but the process has been complicated and time-consuming due to strict vetting procedures and long delays.
While the application process is supposed to take around 9 months, many applicants have faced backlogs and delays lasting years. Recent changes to the policy have authorized an additional 8,000 SIVs, but the process remains challenging. This article will explain the history, eligibility, application steps, and common questions regarding the Special Immigrant Visa.
History of the Special Immigrant Visa
The SIV program has its roots in the Immigration and Nationality Act (INA), first passed in 1952. The concept of special immigrants was introduced in 1965, and the category included several classifications. Some of the key groups eligible for special immigrant status under U.S. law are:
- Individuals who have worked for the U.S. government abroad for at least 15 years.
- Ministers working with a nonprofit religious organization in the U.S.
- Panamanian nationals affected by the Panama Canal Treaty.
In 2006, the U.S. government expanded the SIV program to include Iraqi and Afghan translators who worked with the U.S. Armed Forces, recognizing the danger they faced due to their service. This expansion was further broadened by laws like the Refugee Crisis in Iraq Act (RCIA) of 2007 and the Afghan Allies Protection Act (AAPA) of 2009. By 2015, the program also covered Afghan employees of the International Security Assistance Force (ISAF) who assisted U.S. military missions.
Eligibility for an Afghan Special Immigrant Visa
The eligibility requirements for Afghan nationals applying for an SIV are as follows:
- The applicant must be an Afghan citizen.
- They must be at risk due to their employment with the U.S. government or its affiliates.
- They must have worked for at least one year with the U.S. government or ISAF.
- The applicant must submit a letter of recommendation from a supervisor or replacement.
- The application deadline is December 31st, 2023. Eligible applicants can also include their spouse and unmarried children under 21.
Steps to Apply for a Special Immigrant Visa
The application process involves several steps:
Obtain Chief of Mission (COM) Approval
The first step is to receive approval from the U.S. Chief of Mission, which requires submitting:
- A letter confirming at least one year of employment with the U.S. government.
- A letter of recommendation from a senior supervisor or replacement.
- Proof of Afghan nationality (passport or ID).
- Documentation detailing any threats received due to their work.
All documents should be emailed to AfghanSIVApplication@state.gov.
Step 2: Submit a Petition to USCIS
Once COM approval is received, the applicant must file the following with USCIS:
- Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant).
- A copy of the COM approval and the letter of recommendation.
- A copy of the applicant’s passport or Afghan ID.
- For applicants inside the U.S., a copy of their departure/arrival record (Form I-94).
These documents can be emailed to NSCI360SIVAPP@uscis.dhs.gov or mailed to the USCIS Nebraska Service Center.
Prepare the Visa Application
After USCIS approval, the National Visa Center (NVC) will contact the applicant to submit translations of the following documents:
- A valid passport (must be valid for at least one year after the visa interview).
- Police certificates if the applicant has lived outside Afghanistan for over a year.
- Form DS-260 (Immigrant Visa and Alien Registration Application).
- A Refugee Benefits Election Form.
These documents must be submitted by both the applicant and their family members. After submission, NVC will schedule a visa interview.
Attend the Visa Interview
The visa interview will take place at a U.S. consulate or embassy in a neighboring country. The applicant should bring:
- A valid passport.
- Relevant civil documents (e.g., marriage and birth certificates, criminal records).
- Two passport-sized photos.
- Proof of intent to travel to the U.S. immediately.
Applicants can also bring legal representation, though they must cover lawyer fees. Medical exams may be waived for applicants under the Emergency Security Supplemental Appropriations Act (ESSAA).
Enter the United States
Once approved, the applicant and their family can travel to the United States as lawful permanent residents.
Timeline and Costs
While the process is meant to take up to 9 months, delays are common due to backlogs. Applicants may also need to travel to another country for their interview since the U.S. embassy in Afghanistan is no longer operational.
There are no fees for filing the visa application itself, but applicants are responsible for their travel expenses, any legal fees, and the cost of a medical exam (if required).
Frequently Asked Questions (FAQ)
What is a successor mission?
A successor mission refers to missions that replaced previous operations, such as the Resolute Support Mission (RSM), which replaced ISAF in 2015. Employees working for these missions may also be eligible for an SIV if they meet the requirements.
What if I can’t get a letter from a U.S. citizen?
In such cases, a letter from a non-U.S. citizen supervisor can be accepted if co-signed by a U.S. citizen overseeing the contract. The U.S. citizen must confirm the accuracy of the letter and that the applicant is not a security threat.
What should the letter of recommendation include?
The letter should confirm the applicant’s employment details, the supervisor’s contact information, any threats faced, and whether the applicant poses any security risk.
This guide aims to clarify the Special Immigrant Visa process for Afghan nationals and others seeking to resettle in the U.S. after supporting the U.S. government abroad. While the process can be complex, the Law and Visas experts can help navigate these steps efficiently.
