What is the Special Immigrant Visa (SIV) program?
The Special Immigrant Visa ( SIV) programs are programs for receiving a United States visa. The program is administered under the Defense Authorization Act for Fiscal Year 2008, Public Law 110-181, which was signed into law on January 28, 2008.
What does SIV stand for?
Special Immigrant Visas (SIVs) for Iraqi and Afghan Translators/Interpreters This page describes one Special Immigrant Visa program available to persons who worked with the U.S. Armed Forces or under Chief of Mission authority as a translator or interpreter in Iraq or Afghanistan.
Why are special immigrant visas (SIVs) important for Afghan translators?
As United States military forces prepare to withdraw from Afghanistan later this year, Afghan translators and others who have aided U.S. forces are facing significant danger. With a September 2021 deadline looming, the importance of Special Immigrant Visas (SIVs) to this population has become increasingly apparent.
How many SIV programs are there?
Those who are eligible for these visas and their dependents can apply through one of two SIV programs. As special immigrant categories, these programs are designed to benefit our allies by providing a direct pathway to a green card. What are the two Afghanistan SIV programs? There are two SIV programs available to those in Afghanistan.
Who is eligible for SIV visa?
SIVs are available to individuals who have worked as translators, interpreters, or other professionals employed by or on behalf of the United States government in Afghanistan or Iraq. Those who are eligible for these visas and their dependents can apply through one of two SIV programs.
Is an SIV visa an immigrant visa?
Section 1059 of the National Defense Authorization Act for Fiscal Year 2006, authorizes the issuance of up to 50 Special Immigrant Visas (SIVs) annually to Iraqi and Afghan translators and interpreters working for the U.S. military and who meet certain requirements.
What are SIV in Afghanistan?
Afghan SIV Program Update The Emergency Security Supplemental Appropriations Act, 2021, as enacted on July 30, 2021, authorized 8,000 additional Special Immigrant Visas (SIVs) for Afghan principal applicants, for a total of 34,500 visas allocated since December 19, 2014.
What is the meaning of SIV visa?
The Special Immigrant Visa is an immigration program that grants permanent residence to people who aided the U.S. government abroad. In the wake of the United States' departure from Afghanistan, thousands of refugees have been attempting to obtain Special Immigrant Visas (SIVs).
How long is an SIV visa good for?
ORR-funded cash and medical assistance are limited to a maximum of eight months from your date of eligibility. For most employment services and other services aimed at economic self-sufficiency, the eligibility period is five years from the date you received an SIV or SQ/SI parole.
Is SIV a green card?
Religious workers are eligible for an SIV green card or lawful permanent residency in the United States. They apply for a special immigrant religious worker visa.
How long does SIV process take?
Applications Pending Longer Than Nine Months Even if an applicant has acted promptly in each of the applicant-controlled steps that precede step 13 of the SIV application process, applications may be pending longer than nine months for completion of administrative processing (step 13).
What is the process of SIV?
SIV applications move through 14 steps, in the following four stages: the Chief of Mission (COM) application process; Form I-360 petition adjudication by the Department of Homeland Security; visa interview and security screening; and final visa adjudication (issuance or denial).
How do I apply for SIV approval?
To apply for Chief of Mission (COM) approval for the Special Immigrant Visa (SIV) program, you must have access to email; have the ability to scan and save all of the required documents from the list as PDF files; and be able to submit these documents via email.
What documents are needed for SIV?
Verification of 12 Months Employment With or on Behalf of the U.S. Government in Afghanistan. ... Form DS-157, Supplemental Nonimmigrant Visa Application. ... Letter of Recommendation from Your Direct, U.S. Citizen Supervisor. ... Evidence of Afghan Nationality. ... Biographic Data.More items...
Can I transfer my SIV case to another country?
The SIV interview and cases can only be transferred to a U.S. embassy that processes Immigrant Visa (IV).
How do I sponsor someone from Afghanistan to USA?
How to form a Sponsor Circle, in 6 steps2) Have each group member complete a mandatory background check. This is a quick online process checking whether you have a criminal record.3) Have one group member complete an online course. ... 4) Fill out a welcome plan. ... 6) Fill out the application form.
What is an SIV holder?
Special Immigrant Visa (SIV) holders, or “SIVs”, are those individuals who have been granted special immigrant status on account of their service to US military and/or contractors in Iraq and Afghanistan.
Can I transfer my SIV case to another country?
The SIV interview and cases can only be transferred to a U.S. embassy that processes Immigrant Visa (IV).
How long does it take to get an immigrant visa?
Generally speaking, a fair timeframe is approximately 6-10 months from the filing of the immigrant petition to approval at the U.S. Consulate. Timeframes can vary depending on backlogs of cases at both the USCIS and the U.S. Consulate abroad.
What is an SIV refugee?
The Special Immigrant Visa (SIV) program refers to a program created by Congress to allow Iraqi and Afghan nationals, who are targeted because of their work for the United States, to relocate to safety in the U.S. The following resources are kept up-to-date with key policy and legal developments.
How long does it take to get a SIV visa?
A 2013 amendment to the Afghan Allies Protection Act requires that the State Department’s review of an SIV application be completed within nine months, from submission to final notice of approval. But reports on how long the SIV process actually takes have varied. Some indicate it takes an average of 658 days, while others state that it can take as long as 996 days to process an SIV application. But the reported waits are only the time it takes the U.S. federal government to process an application it has received. If one accounts for the time an individual needs to put the application together – including collecting the necessary documents, filling out the application, and scheduling a visa interview – some SIV recipients have waited even longer, as much as three-and-a-half years in some instances.
How to interview for SIV?
Interviews are conducted in English, and applicants and their accompanying family members are fingerprinted. The applicant needs to bring along all the family members included in the application to the interview , along with the originals of family records submitted to NVC, as well as recent photographs for identification purposes. SIV candidates also need to provide written descriptions of their qualifying positions for the U.S. government. If still employed in a qualifying position at the time of the interview, the applicant should be prepared to give a written statement of his or her intent to resign and emigrate upon visa approval.
How many SIVs are there in Afghanistan?
For the SQ visa category, Congress regularly makes amendments to Section 602 (b) of the Afghan Allies Protection Act of 2009 to increase by 4,000 the number of these visas. The Department of State, Foreign Operations, and Related Programs Appropriations Act, 2021 increased the number of SQ visas by 4,000 bringing these available SIV visas to a total of 26,500. Currently there are three different pieces of legislation, that have been introduced, to increase that total by an additional 4,000, 8,000, and 20,000 SIV visas.
What are the two SIV programs in Afghanistan?
What are the two Afghanistan SIV programs? There are two SIV programs available to those in Afghanistan. The first, the SI visa class category, is meant specifically for translators or interpreters who have worked with U.S. military forces. The second, the SQ visa class category, is available to any other Afghan national who was employed by ...
What is the second visa in Afghanistan?
The second, the SQ visa class category , is available to any other Afghan national who was employed by or on behalf of the United States government in the region. Both of these SIV programs were created by Congress and are managed by the U.S. State Department. The number of SIVs available to people in Afghanistan are set by congressional statute.
How many SQ visas will be issued in 2021?
The Department of State, Foreign Operations, and Related Programs Appropriations Act, 2021 increased the number of SQ visas by 4,000 bringing these available SIV visas to a total of 26,500. Currently there are three different pieces of legislation, that have been introduced, to increase that total by an additional 4,000, 8,000, and 20,000 SIV visas.
What is needed for SIV?
This packet would include: Form I-360; a copy of the applicant’s passport; proof of his or her work as a translator or employee; proof of screening and a background check by U.S. Armed Forces or the COM; and – most importantly – a letter of recommendation giving approval from the COM or his or her designee at the embassy, or a General or Flag officer in the chain of command of the Armed Forces unit aided by the applicant. This recommendation can often be the most difficult part of the application to procure, especially if the eligible SIV candidate is filing his or her application years after having worked with a U.S. affiliated entity or military unit.
What is the Special Immigrant Visa?
The Special Immigrant Visa is an immigration program that grants permanent residence to people who aided the U.S. government abroad.
How long does it take to get a visa?
The entire visa process should, according to the law, take no more than 9 months, but “the program has been plagued by backlogs leading to processing times that can last over three years,” said Representative Ami Bera, chairman of the House Foreign Affairs Subcommittee on Asia, the Pacific, Central Asia and Nonproliferation.
What documents are required to be sent to NVC?
Relevant civil documents, such as marriage and death certificates, criminal records, and any documents sent to NVC
Where is the NVC interview held?
The interview will be held at a U.S. consulate or embassy. NVC should work with the petitioner to find a location that the applicant can reach. The applicant must bring the following documents to the interview:
Can a petitioner travel to another interview?
If the family, for whatever reason, cannot attend, they will not be able to travel with the petitioner until they schedule another interview.
What is SIV visa?
programs for receiving visas to the United States. The Special Immigrant Visa ( SIV) programs are two programs for receiving a United States visa. The program is administered under the Defense Authorization Act for Fiscal Year 2008, Public Law 110-181, which was signed into law on January 28, 2008.
Who is eligible for SIV status?
As amended, section 1059 provides for SIV status for eligible Iraqi and Afghan translators and interpreters who have worked directly with United States Armed Forces or under Chief of Mission (COM) authority.
How long does the SIV program last?
Refugee Admissions Program for up to six (6) months from their date of admission or date of adjustment if applying domestically.
When did the Afghan SIV program end?
This law, signed on August 8, 2014, extended the Afghan SIV Program. It authorizes the issuance of 1,000 visas to principal applicants by December 31, 2014. It also extended the date by which applicants must apply for Chief of Mission approval from September 30, 2014 to December 31, 2014.
When was the SIV program extended?
program. This law, signed on August 8, 2014, extended the Afghan SIV Program.
Do foreign nationals need to self petition for a visa?
Foreign nationals must self-petition for this special immigrant visa classification only if they can establish that they meet the following requirements:
How many additional visas are there for the Afghan SIV program?
This law, signed on February 15, 2019, amends the Afghan SIV program by adding 4,000 additional visas, conditioned on the development and implementation of a prioritization process for Afghan special immigrant visas and the submission of three reports to the appropriate congressional committees. 5.
What is the waiver for SIV in Afghanistan?
117-31, enacted July 30, 2021, gave the Secretary of State and the Secretary of Homeland Security the authority to issue a joint blanket waiver of the requirement that SIV applicants undergo a medical exam before being issued an immigrant visa or admitted to the United States. Such waiver is applicable to Afghan SIV applicants in Afghanistan who have met all requirements for SIV issuance except the medical exam if and when the U.S. Chief of Mission at Embassy Kabul determines that Afghan SIV applicants are no longer able to obtain the medical exam without undue hardship or risk to personal safety. The Chief of Mission made this determination on August 13, 2021. The medical waiver is applicable to Afghan SIV applicants who meet the requirements outlined above. Applicants granted a medical waiver are required to complete a medical exam in the United States not later than 30 days after admission into the United States.
What happens if a visa is approved?
The U.S. Citizenship and Immigration Services (USCIS) will continue to process each petition, even after the numerical limit of visas has been reached. When your petition has been approved, it will be sent to the National Visa Center (NVC). If visas are available, NVC will contact you to schedule the visa interview. If visas are no longer available, NVC will hold the petition.
How long has the SIV been awaiting government action?
On February 5, 2020, the district court certified a class that consists of all people (1) who applied for an Afghan or Iraqi SIV by submitting an application for Chief of Mission (“COM”) approval and (2) whose applications have been awaiting government action for longer than nine months.
What is Section 602 B?
Section 602 (b) of the Afghan Allies Protection Act of 2009, as amended, is a special immigrant program, which authorizes the issuance of Special Immigrant Visas (SIVs) to Afghan nationals who meet certain requirements and who were employed in Afghanistan: by or on behalf of the U.S. government in Afghanistan, or.
How long does it take to get a visa if an alien fails to apply?
Immigration and Nationality Act (INA) section 203 (g) provides that the Secretary of State shall terminate the registration (petition) of any alien who fails to apply for an immigrant visa within one year of notice of visa availability .
When will the Afghan SIV program be extended?
This law, signed on December 20, 2019, amends the Afghan SIV program by adding 4,000 additional visas and extending the program through December 31, 2021. Congress also amended the requirements for the type of employment that would qualify a principal alien under this program.
What Is a Special Immigrant Juvenile?
The Special Immigrant Juvenile program of the USCIS exists to help foreign children in the U.S. who have been abused, abandoned, or neglected and qualify for the protection of a juvenile court. In order to qualify as a special immigrant juvenile, or SIJ, you must have an order from a state court that contains certain findings. The USCIS uses the information in the order to determine your status as a SIJ.
What is USCIS consent?
This means that the applicant must have sought the juvenile court order to obtain relief from abuse, neglect, abandonment or a similar basis under state law and not primarily to obtain an immigration benefit.
Do I Need a Lawyer for Assistance with Obtaining a Special Immigrant Visa?
This is a very technical and complex area of the law and an experienced immigration lawyer can provide much needed assistance when applying for special immigrant status.
What is the purpose of the Special Immigrant Juvenile Program?
The Special Immigrant Juvenile program of the USCIS exists to help foreign children in the U.S. who have been abused, abandoned, or neglected and qualify for the protection of a juvenile court. In order to qualify as a special immigrant juvenile, or SIJ, you must have an order from a state court that contains certain findings.
How old do you have to be to get special immigrant status?
To get special immigrant juvenile status, a person must: Be under the age of 21 on the date of filing the petition for SIJ status (Form I-360); Have a state court order that is in effect on the date of filing the Form I-360; Not be married; Live inside the U.S. at the time of filing the Form I-360;
How long does it take to get a green card after coming to the US?
One year after coming to the United States, a refugee must apply for a green card. However, a non-citizen who has been granted refugee status cannot adjust their status from that of asylum-seeker or refugee to SIV.
How many green cards are there for special immigrant?
Only 10,000 green cards in total annually are allowed to obtain the “ Special Immigrant” status. Also, children and spouses of special immigrants are often granted lawful permanent resident status (LPR) or “ derivative citizenship ” as the child or spouse of a special immigrant. To be admitted as a special immigrant, ...
How long does it take to get a visa after an interview?
After your visa interview, your case needs to complete the Administrative Process. Depending on your case, the administrative process can take 9 to 12 months or more time to complete. Please do not compare your administrative process stage with other applicants.
What to bring to a visa interview?
Bring the copy of your “visa interview appointment letter”.
Can a spouse be added to a SIV visa?
No, unfortunately, only spouses and unmarried children under 21 years old can be added in the SIV case. Parents, brothers or sisters can not be included in the SIV case. You can sponsor them for an immigrant visa after becoming US citizen.
Can a 21 year old get a SIV visa?
No, only single children under 21 years old are eligible for the SIV case. If during the SIV processing, the children become 21 years old before you submit the i-360 form, then they are not eligible for SIV visa under the parent case anymore.
