The Plight Of Afghanistan's Siv Applicants: An Ongoing Crisis

The Special Immigrant Visa (SIV) program was created by the US Congress in 2009 to provide permanent protection to Afghans who worked with US missions, such as translators and interpreters. The program has been criticised for its severe delays, with applicants waiting an average of two to three years for their applications to be processed.

In 2021, the Biden administration took steps to speed up the SIV process, evacuating thousands of SIV applicants from Afghanistan and hosting them at a US government facility in Virginia. However, there are still tens of thousands of Afghans who are eligible for SIVs but have not yet received them. The total number of SIV applicants and their family members remaining in Afghanistan is estimated to be around 65,000.

The Special Immigrant Visa (SIV) program was created by Congress in 2009 to provide permanent protection to Afghans who worked with U.S. missions

The SIV program allows eligible Afghans to apply for a visa for themselves, as well as for their spouse and unmarried children under 21. To be eligible, applicants must have worked for or on behalf of the U.S. government, the International Security Assistance Force (ISAF), or a successor mission in Afghanistan for at least one year between October 7, 2001, and December 31, 2023. They must also have received a positive letter of recommendation documenting their faithful and valuable service to the U.S. government and demonstrate that they have experienced or are experiencing an ongoing serious threat as a consequence of their employment.

The SIV application process involves several steps, including submitting a petition, completing an online visa application, collecting documents, and attending an interview. The process typically takes several months and requires coordination between multiple U.S. agencies.

The SIV program has faced criticism for its delays in processing applications, with applicants waiting an average of two to three years for their applications to be processed. However, the U.S. government has taken steps to expedite the process and provide support to Afghan allies.

The SIV program has been criticised for its severe delays, with applicants waiting an average of two to three years for their applications to be processed

The Special Immigrant Visa (SIV) program has been criticised for its severe delays, with applicants waiting an average of two to three years for their applications to be processed. This is despite the fact that Congress mandated that the process should take no longer than nine months.

The SIV program is available to individuals who have worked as translators, interpreters or other professionals employed by or on behalf of the US government in Afghanistan. It offers a direct pathway to a green card and has allowed Afghan nationals who worked with the US military to seek protection by immigrating to the United States.

The application process is complex and lengthy, requiring a significant amount of paperwork and involving at least six different US agencies. The longest step in the process is often getting approval from the US Embassy in Kabul, which includes a lengthy background check.

The COVID-19 pandemic further strained the SIV approval process, as medical clearances and in-person interviews were halted for long stretches of time.

The Biden administration has taken steps to expedite the SIV process, including combining two steps in the application and launching Operation Allies Refuge to evacuate applicants to Fort Lee, Virginia. However, as of April 2023, about 152,000 SIV applicants remain trapped in Afghanistan, facing danger and severe economic hardship.

The Biden Administration has taken steps to speed up SIV processing, including evacuating thousands of SIV applicants from Afghanistan

The Biden Administration has taken several steps to speed up the processing of Special Immigrant Visas (SIVs) for Afghans who aided the US during its 20-year war in the country.

In July 2021, the Biden Administration launched Operation Allies Refuge, aiming to evacuate 2,500 people (700 applicants and their families) to Fort Lee, Virginia. Evacuations began in the final week of July, with the Administration using chartered commercial aircraft. The Administration also authorised $100 million in emergency funds for Afghan refugees and a further $200 million from US government agencies to assist refugees.

The Biden Administration has also taken steps to address the bureaucratic complexities of the SIV process. In July 2022, the State Department updated the procedure to five stages: apply to the chief of mission, file a petition, prepare a visa application, attend a visa interview, and arrive in the United States for final processing. The State Department has also combined two steps in the Afghan SIV application process: the Chief of Mission approval, and the SIV petition. This means that new Afghan SIV applicants need only submit a DS-157 form along with their COM approval application.

The Biden Administration has also worked with Congress to pass legislation to expedite the SIV process. In July 2021, the House of Representatives passed the Averting Loss of Life and Injury by Expediting SIVs Act (ALLIES Act), which added 8,000 additional visas and removed some burdensome application requirements. The HOPE Act, which also passed the House of Representatives in July 2021, would remove the need for medical clearance, which is currently a major hurdle for applicants.

In addition to these measures, the Biden Administration has also offered "parole" to certain SIV applicants, allowing them to live and work in the US for up to two years while awaiting the outcome of their application.

Afghans eligible for the SIV visa have historically had to endure years-long application and approval processes

The process of applying for a Special Immigrant Visa (SIV) is a complex and lengthy one, with a multitude of steps and requirements. The SIV program was created by Congress to provide permanent protection to Afghans who worked with U.S. missions, such as translators and interpreters, and their families.

The application process for an SIV can be divided into the following steps:

Chief of Mission (COM) Approval:

The first step is to obtain COM approval by providing the necessary documentation, including proof of employment with the U.S. government or its affiliates, a letter of recommendation from a senior supervisor, and biographical information. This step also involves filling out Form DS-157, the Supplemental Nonimmigrant Visa Application.

Submitting a Petition:

Once COM approval is obtained, applicants must submit a petition to the U.S. Citizenship and Immigration Services (USCIS). This involves submitting additional documentation, such as Form I-360, a copy of the COM approval, and a letter of recommendation.

Visa Application Preparation:

After the USCIS petition is approved, the National Visa Center (NVC) will request English translations of specific documents, including the applicant's passport, police certificates (if applicable), and various other forms.

Visa Interview:

The NVC will then schedule a visa interview for the applicant at a U.S. consulate or embassy. The applicant must bring all necessary documents to the interview, including their passport, civil identification, and written evidence of their intent to travel to the U.S.

Entering the United States:

After a successful interview, applicants will receive their SIV and can enter the U.S. They will be granted permanent residence and will be eligible for various resettlement benefits.

The entire process is meant to take no more than 9 months, according to legislation. However, in reality, the SIV application and approval process has been plagued by delays and backlogs, with some applicants waiting up to 3 years or more. The lengthy process has been attributed to various factors, including low program staffing, high caseloads, the need for rigorous background checks, and the suspension of visa services during the COVID-19 pandemic.

To address these delays, recent changes in policy have been implemented, such as the creation of a "Priority-2" designation for Afghans affiliated with the U.S. who don't meet the specific SIV requirements. Additionally, the Biden administration has taken steps to expedite the SIV process, including combining certain steps and providing additional funding for Afghan refugees.

The SIV approval process was also strained by the Covid-19 pandemic, with medical clearances and in-person interviews halted for long stretches of time

The COVID-19 pandemic has had a significant impact on the Special Immigrant Visa (SIV) approval process for Afghans seeking to emigrate to the United States. The pandemic caused significant disruptions to the process, with medical clearances and in-person interviews halted for extended periods in 2020 and 2021.

The SIV approval process typically involves a series of steps, including the collection of initial petition documents, submission of additional family records, and scheduling of visa interviews. However, the pandemic led to the suspension of many in-person services, including medical clearances and visa interviews.

Medical clearances, a crucial step in the SIV approval process, could only be obtained at one facility partnered with the U.S. government in Kabul. With the onset of the pandemic, this service was disrupted, creating delays and challenges for applicants.

Similarly, in-person visa interviews, a critical step in the final stages of the SIV approval process, were also halted. Visa interviews are typically conducted at the U.S. Embassy in Kabul. However, due to the pandemic and security concerns, operations at the embassy were suspended, further delaying the processing of SIV applications.

The suspension of medical clearances and visa interviews had a significant impact on the timeline for SIV approvals. The SIV process already faced delays due to various factors, and the pandemic only exacerbated these issues. The average processing time for SIV applications ranges from 658 to 996 days, and the pandemic added further delays, with some applicants waiting even longer.

The pandemic not only disrupted the approval process but also highlighted the vulnerabilities and challenges faced by Afghans seeking to emigrate to the United States. The suspension of embassy operations and limited access to medical clearances put the lives of SIV applicants at risk, especially those who had aided U.S. forces and were facing significant danger.

To address these challenges, the U.S. government implemented various measures, including evacuating SIV applicants and hosting them at a facility in Virginia. Additionally, legislative changes were made to expedite the SIV process and provide alternative pathways for Afghans seeking protection.

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