On 30 July 2021, a new law changed the requirements for an Afghan SIV. This guide lists the changes, and what you should do if any of these changes apply in your situation.
The content of this guide is written by the International Refugee Assistance Project (IRAP) and is also available on IRAP's legal information website here. This website provides general information about legal processes available to some refugees. It is not meant as legal advice for individual applications. This information was revised in July 2021. Requirements may change. Always check for current requirements from the government or agency deciding your request.
"Beporsed" is privileged to publish this information with the explicit permission of IRAP, ensuring that Afghans seeking accurate and reliable guidance can access it conveniently.
Summary
On 30 July 2021, a new law changed the requirements for an Afghan SIV. This guide lists the changes, and what you should do if any of these changes apply in your situation.
One year of qualifying employment
The new law reduces the requirement for qualifying for the SIV program from two years to one year. You should submit a new application to COMif your case was denied because:
- You did not have enough qualifying work, or
- because you did not have proof of two years of work.
IRAP’s resources on submitting a new COM application may help you.
- IRAP's guide on contacting supervisors is here.
- IRAP's guide on the information that should be in your letters of recommendation and employment letters is here.
- IRAP's guide on finding contract information is here.
Eligibility for surviving spouses and children of SIV-eligible individuals
The new law helps families of people who were eligible for SIVs, but who have died. The spouse and unmarried children under the age of 21 of an SIV applicant who died can continue an existing application or submit a new SIV application. You will need to provide the same information and evidence about your spouse or parent's work as any SIV applicant would need to submit.
Instructions from the SIV program on how to apply are here in English. IRAP’s resources on submitting a new COM application may also help you.
- IRAP's guide on contacting supervisors is here.
- IRAP's guide on the information that should be in your letters of recommendation and employment letters is here.
- IRAP's guide on finding contract information is here.
People whose spouse or parent died must show that the spouse or parent completed at least one year of qualifying work.
One appeal per COM denial
In some cases, a person receives a COM denial and files an appeal, and then their appeal is denied for a new reason. The new law says that, in this situation, you should be able to file a new appeal to address the new reason for denial.
If you have submitted a COM appeal, and your appeal is denied for a reason different than the one in your first COM denial, the law allows you to file a new appeal. IRAP's guide on filing an appeal is here. When you email the COM program, you should include this paragraph:
"I submitted a COM appeal and received a denial. I submitted an appeal. COM has denied my appeal, but has rejected my application for a new reason. The Afghan Allies protection Act, as amended by the Emergency Security Supplemental Appropriations Act of 2021 notes that I should receive one written appeal per denial. Because COM denied my application for a new reason, it must accept this appeal addressing the new reason for denial."
Please note that instead of a new appeal you likely will be issued a new case number and your submission will be treated as a new COM application.
Removes some requirements for ISAF employment
People who worked for ISAF with U.S. troops had to show that they worked as a linguist or in a role where they performed sensitive and trusted activities. This requirement was eliminated. Now a person must show employment of one year by ISAF or a successor mission.
Other changes to the SIV program
The law also makes other changes that are important to the SIV program. The law:
- Provides money for emergency flights, processing, and housing for Afghan SIV applicants.
- Allows medical exams to be postponed so that SIVs can be issued more quickly.
- Gives 8,000 more visas to the Afghan SIV program.
- Allows visas from the Iraqi SIV program to be used in the smaller 1059 SIV program.
- Repeats that the SIV program's requirement for processing within nine months includes all stages.
- Requires new reports from the U.S. government.
Ask for help from "Beporsed"
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For more information
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