Recently, USCIS announced that initial Special Immigration Visa (SIV) classifications will now be processed by the Department of State, rather than the USCIS. In addition, USCIS announced its Policy Manual will be amended, to expand eligibility requirements for Afghan and Iraqi visas.

Prior to the announced policy changes, Afghan SIV applicants who were already in the United States were required to fulfill a three-step process. The process began with an Afghan SIV applicant applying for “Chief of Mission (COM) approval from the Department of State. Upon approval, an I-360 would be filed through the USCIS. The process would conclude with an I-485 Application to Adjust Status through the USCIS, in order to receive a green card.

The new process eliminates a step, allowing a Petition for Special immigrant Classification for Afghan SIV Applicants to be filed simultaneously with a COM approval. Once the COM is approved, an applicant can apply directly for a green card. An application of I-360 through the USCIS is no longer required, except under certain conditions.

The USCIS Policy Manual has also been changed, to reflect the changes made to the SIV program in July 2021. The change to the SIV program was prompted by the Emergency Security Supplemental Appropriations Act of 2021. The manual changes include a reduced employment requirement with the International Security Assistance Force, and it expands the number of eligible SIV relatives. These policy changes reduce the time limitation for petition types and clarify the legal requirements of providing “faithful and valuable services to the U.S. government.”

USCIS has been urged to make further SIV changes, as Ukrainians remain able to access visas and travel authorization to the United States, while others cannot. In recent months, the United States government has been accused of discrimination against Afghan and Iraqi nationals. While Ukrainians continue to flee to the United States, upon a growing conflict with Russia, nearly 2.2 million Afghans have fled their country, and 3.5 million more were internally displaced. This comes after the Taliban swept the country in 2021.

These announced changes will hopefully allow more Afghan and Iraqi nationals to gain status in the U.S. Early summer reports showed that the USCIS denied approximately 90% of humanitarian parole requests filed by Afghans fleeing the violence in their country. Currently, USCIS has received over 46,000 humanitarian parole applicants from Afghan nationals.

This comes after the Biden Administration announced its commitment to assist Afghan citizens, who have undergone security and background checks, by creating new exceptions under the Department of State and Department of Homeland Security. These measures are intended to increase the eligibility and efficiency of Afghan applicants wishing to enter the United States lawfully.

If you have questions about Afghan and Iraqi visas or any other immigration-related issue, contact us at ILBSG. Our attorneys work closely with our clients in their specific situations and put our experience and expertise to work to ensure they get the right advice.

Afghan Nationals Iraqui Nationals USCIS