Afghan nationals applying for the Afghan Special Immigrant Visa will now have to file Form DS-157, Petition for Special Immigrant Classification for Afghan SIV Applicants, with the Department of State when applying for Chief of Mission (COM) approval. Effective July 20, 2022, this process replaces the previous two-step process that had Afghan nationals seek COM approval from DOS and then apply for SIV by filing Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with USCIS.
What to Expect
- Afghan citizens or nationals who already started the SIV application process and received COM approval on or before July 20, 2022, must still file a Form I-360 with USCIS on their own behalf.
- For individuals in the United States with COM requests pending on July 20, 2022, the following guidelines are in effect:
- If COM is pending and they have a signed DS-157, then once COM and DS-157 are approved, file Form I-485
- If COM is pending and they have an unsigned DS-157, then once COM is approved, file Form I-360
- If COM is pending and they have no DS-157, then once COM is approved, file Form I-360
- If COM is approved before 7/20/22, then file Form I-360
- If I-360 is pending with USCIS, then once I-360 is approved, file Form -485
Erickson Insights
Afghan nationals who worked for or on behalf of the U.S. government as a translator or for the International Security Assistance Force (ISAF) in Afghanistan may be eligible for a Special Immigrant Visa. SIV holders qualify for lawful permanent residence in the United States.
Erickson Immigration Group will continue to share updates as more news is available. If you have questions about anything we’re reporting above or case-specific questions, please contact your employer or EIG attorney.