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USCIS Made Positive Changes to Policy Manual_ Expands Afghan and Iraqi Visa Program
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USCIS Made Positive Changes to Policy Manual: Expands Afghan and Iraqi Visa Program Immigrants from Afghanistan and Iraq may be able to get their special immigrant visas (SIVs) much sooner. On the 20th of July 2022, the US Citizenship and Immigration Services (USCIS) announced that it is transitioning the initial SIV classification process to the Department of State (DOS) and changing its Police Manual to expand the eligibility requirements for Iraqi and Afghan SIVs. This announcement should be a significant change as the agency aims to streamline the process and promote efficiency. Your NY visa lawyer can tell you more about this development. What’s wrong with the previous process? Afghan SIV applications used to be a three-step process for those already in the US. 1. The applicant was required to apply for COM (Chief of Mission) approval with the DOS. 2. The applicant had to file Form I-360 with USCIS. 3. The applicant had to file Form I-485 Application to Adjust Status to get their green card. With the new process, applicants can now file a Petition for Special Immigrant Classification for Afghan SIV Applicants on Form DS-157 with the Department of State simultaneously when filing for COM approval. After getting COM approval, they can directly apply for a green card with the USCIS. The process eliminates the need to file Form I-360 with USCIS. However, some applicants may still be required to file Form I-360 under some conditions.
Changes to the Policy Manual The changes to the USCIS Policy Manual reflect the improvements made by the Emergency Security Supplemental Appropriations Act of 2021 on the SIV Program in July 2021. The changes include the following: 1. Shortening the necessary employment periods with the ISAF (International Security Assistance Force) 2. Expanding the number of surviving relatives of eligible SIVs 3. Eliminating time limitations for converting petition types 4. Clarifying legal requirements around delivering ‘faithful and valuable service to the US government.’ Why these changes? Updating the SIV came after the US government was accused of discriminating against Iraqi and Afghan nationals. Many Afghans suffered in the SIV and humanitarian parole application process despite thousands of Ukrainians being allowed to access travel authorizations and visas. Since July 2021, the USCIS has received more than 46,000 Afghan applications for humanitarian parole, but there was a backlog, and over 90 percent of the requests were denied. If you’re having trouble with your SIV or seeking humanitarian parole to the US, a NY visa lawyer can help.