July 2022

Jul 31

Dear Allies, Supporters, and Friends,

Allied Airlift 21 (AA21) receives numerous emails each week asking for us to evacuate individuals in Afghanistan, so we wanted to clarify what we are doing, how we can assist people, and what we cannot do. One of AA21’s initial goals was to build and maintain the Afghan Allies Registry, a repository of individuals in Afghanistan seeking assistance traveling to the United States. We continue to maintain this registry. However, our current primary role is in supporting the State Department coordinated efforts to bring American citizens (AMCITs), lawful permanent residents (LPRs), Special immigrant Visas (SIVs), and people with certain family sponsorship visas to the United States.

AA21’s role is in reviewing documentation, working with sponsors to identify the status of paperwork, and sending cases that are far enough along to be eligible for manifesting to the State Department to ensure that they are already being tracked in official systems. While in the past the State Department relied on groups like ours to submit names, now they are working off their own databases and our submissions serve as a double check. Our partnership has discovered cases where petitioners were unaware their cases were incomplete as well as many cases where some family members had never been added to the case. These double checks prevent further delays in processing cases. Additionally, we help facilitate communication between the State Department or their contractors and the applicants when they are unable to make contact directly. We also share information about changing policies or new requirements through this newsletter.

While we understand the desire for regular updates on case status, most of the time once we submit information to the State Department, we will not have updates unless there is an issue. The process is slow, with each step typically taking months. For people on the ground who are in daily danger, this seems like an eternity. We ask that you use the information provided in this monthly newsletter to keep your families informed and to limit repeated requests for updates. The individual requests for updates don’t make the process faster for the individual family and take volunteer time away from processing cases.

We do want to be contacted with updates about cases (COM letters received, new KBL number received, letters received indicating that the documentation is complete and the family is ready to travel, CEAC updated to show a family is ready to travel, etc.) These communications should come via the US-based sponsor, and not from the individuals on the ground in Afghanistan. We have found that by working with the sponsor, we can typically get issues resolved in 1 or 2 emails, which makes managing the communications more efficient for our volunteers. Updated documentation can be sent to cases@alliedairlift21.net.

Current Eligibility for Flights

There has NOT been a change in who is being manifested on the State Department flights, although we continue to get more details about the process that we are sharing with all of you. As has been the case throughout the operation, all individuals need to have a valid passport to be considered for a flight, and there must be at least six (6) months left before the expiration date at the time of the flight. For this reason, anyone in the below categories whose passport expires in the next year should pursue a passport renewal.

American Citizens: American citizens are the top priority for the State Department. If all individuals in a group are American citizens, they can fly directly back to the United States on a commercial flight. The State Department is able to help coordinate direct travel, so if you or your family group is made entirely up of American citizens still in Afghanistan, please let us know. We believe there are very few cases left where this is the situation. If AMCITs are traveling with other immediate family members (spouse, children under 21, or parents who are not American citizens) then the group will have to go through a third country to complete processing. While technically these immediate family members do not need I-130 documentation if the AMCIT is present, effectively they do, as groups are not being manifested unless their I-130 documentation is complete and they are at the “ready for interview” stage. This is because visas in the third country are only for 30 days, and it is extremely difficult to process people who aren’t interview ready in that timeframe. (See I-130 info below for more information)
Lawful Permanent Residents: Similar to AMCITs, LPRs have been able to travel directly back to the United States on commercial flights as long as they are not out of status. However, once an LPR has been out of the country for over a year, they are considered out of status, so most LPRs still in Afghanistan may have trouble traveling at this point. (For more information on LPRs, visit the USCIS site.) If your group is all LPRs who have been out of the US for less than a year, please let us know so we can connect your group with State Department resources. People who are out of status may be stopped by customs agents at whatever airport they fly into, so we can’t say whether they will be admitted or not. Alternatively, LPRs who have been out of the US for more than one year can go through a third country and be processed the same way SIVs and I-130s are. Similar to AMCITs, spouses and children of LPRs don’t technically need I-130s if the LPR is present, but currently only those with I-130s that are “ready for interview” are being manifested.
Special Immigrant Visas: SIVs with COM approvals are eligible for flights, but only the SIVs furthest in the process are currently being manifested on flights. That means that SIVs must be “ready for interview” before being manifested. Please ensure that the families you are working with submit their DS-260 forms as quickly as possible so that the time they are waiting is not further extended. Additionally, the State Department is now sending letters indicating that all documentation has been received. It’s helpful to forward us a copy of these letters.
Family Sponsorship (I-130s): Spouses and children of American citizens and LPRs as well as parents of American Citizens may be manifested on a flight if they are interview ready. This is the case whether or not the AMCIT or LPR is in Afghanistan. Please DO NOT travel back to Afghanistan in an effort to get family members on a flight faster. Priority is based on the status of I-130 documentation and not whether the sponsor is in Afghanistan. Below are several key things that sponsoring family members should know and do to assist their family members:
- Ensure that DS-260s are submitted and that all fees are paid.
- Ensure that the documentation indicating that the sponsor can financially support their family members is complete. If the sponsor is in Afghanistan and has been for the past year, they will have a difficult time showing this since they haven’t had a job. Consider adding a co-sponsor who is currently employed in the United States to expedite this process. The lack of complete financial sponsorship documentation is a key point that is slowing down processing in the third country - this prevents more people from getting on flights and may also reduce the likelihood that individuals are manifested going forward.
- Notify us when the case becomes ready for interview. There are a few ways this can be documented.
- Monitor CEAC, to see that it indicates that all documents and fees have been received. Send us a screen shot from CEAC when it indicates that the case is complete.
- Send us a copy of an email or letter indicating that the case is only awaiting interview.
- Other types of visas: Family sponsorships for other family members (siblings, cousins, etc) as well as other types of visa such as fiancée visas, student visas, and diversity visas are not being prioritized for the State Department flights at this time.

New SIV Process

Earlier this month, the State Department announced major changes in the way that people apply for SIVs. These changes, which most significantly impact people who have not yet received COM approval, went into effect on July 22, 2022. The State Department anticipates that this will reduce the total SIV application process by about 1 month. At this time there are about 75,000 SIV applicants, of which 10,000 have received a Chief of Mission (COM) authorization.

Below is information provided by the State Department explaining the changes.

Download pdf

The old process, until July 20, 2022

Until July 20, 2022, Afghan SIV applicants had to apply for Chief of Mission (COM) approval with the U.S Department of State using the DS-157 form. Then after receiving COM approval, applicants had to file an I-360 petition for special immigrants with U.S. Citizenship and Immigration Services (USCIS) as a separate step.

The new process, starting July 20, 2022

Beginning July 20, 2022, new Afghan SIV applicants need to submit only a DS-157 form along with their COM approval application. The Department of State will process this form both for COM approval and as a special immigrant petition. New Afghan SIV applicants will no longer need to file an I-360 petition.

If you have not yet applied for an Afghan SIV

For new applications for Afghan SIVs, use the new DS-157. Get the new form at travel.state.gov/afghan. Fill it out, sign it, and attach the rest of the documents needed for COM approval. Email the signed form and your supporting documentation to the National Visa Center (NVC) at AfghanSIVApplication@state.gov. If your application is approved, the NVC will send you an approval letter and instructions on how to continue the SIV application process.
If you have previously contacted the National Visa Center, but your application is not documentarily complete: The National Visa Center (NVC) needs a signed DS-157 from you to consider your application documentarily complete and ready for Chief of Mission review.
If you have already sent a signed DS-157 to the NVC, you don’t need to do anything. Your existing DS-157 will be used as your petition. If your application is approved, the NVC will send you an approval letter and instructions on how to continue the SIV application process.
If you have not already sent the NVC a DS-157 with your signature, then get the new form at travel.state.gov/afghan. Fill it out, sign it, and attach the rest of the documents needed for COM approval. Email the signed form and your supporting documentation to the NVC at AfghanSIVApplication@state.gov. If your application is approved, the NVC will send you an approval letter and instructions on how to continue the SIV application process.

If you received Chief of Mission approval before July 20, 2022

If you are outside the United States and

You have submitted an I-360 to USCIS: USCIS will continue to process your petition. After USCIS has approved your petition and sent it to the NVC, the NVC will send you instructions on how to continue your SIV application process.
You have not yet submitted an I-360 to USCIS: If you received COM approval before July 20, 2022, you can choose to participate in the new process. Do that by emailing NVCSIV@state.gov with your name, NVCSIV case number, COM approval letter, and (if possible) a copy of the DS-157 you previously submitted with your COM approval application. NVC will then send you instructions on how to continue your SIV application process.

If you are IN the United States and:

You have submitted an I-360 to USCIS: You do not have to do anything else. USCIS will continue to process your petition. After USCIS has approved your petition and sent it to the NVC, the NVC will send you instructions on how to continue your SIV application process.
You have not yet submitted an I-360 to USCIS: You must file an I-360 with USCIS. After USCIS has approved your petition and sent it to the NVC, the NVC will send you instructions on how to continue your SIV application process.

If you receive Chief of Mission approval dated July 20, 2022 or later

The NVC will send you an approval letter and instructions on how to continue the SIV application process

Cases transferred to Islamabad

Over the last many months, many individuals transferred their cases from Kabult to Islamabad. This was especially the case when flights stopped last winter. Unfortunately, the wait for processing in Pakistan is long, and many people are finding their Pakistani visas are expiring before the process is complete. You may not fly out of Islamabad if you don’t have a valid Pakistani visa, so be very careful about choosing to process in Pakistan.

Even when individuals transfer their case to Islamabad, they simultaneously remain eligible to be processed in Kabul. However, once an interview is scheduled and the interview date passes, they will have to complete the process in Islamabad. They should be sure to have both valid visas and funds to support themselves in Pakistan for the time it takes to complete the interviews, medical screenings, and issuance of visas – typically several months. AA21 cannot provide financial assistance for sustainment to individuals in Pakistan or Afghanistan. Once visas are issued, commercial flights to the United States can be arranged that leave from either Pakistan or Afghanistan.

If an individual has transferred their case to Islamabad but would prefer to process out of Kabul rather than Islamabad for financial, visa, or other reasons, they can cancel the interview once it is scheduled, as long as this is done before the interview date. This should keep them in the Kabul processing system. If a family does cancel their interview in Islamabad, we encourage you to notify us so that we can follow up with the State Department and confirm they weren’t inadvertently taken out of the Kabul queue.

Refugees: Apply for Asylum within One Year of Arriving in the United States

For those of you working with individuals who arrived in the United States as refugees last August, this is a reminder that parolees need to apply for asylum within one year. That deadline is approaching quickly. If you haven’t already, check out the US Citizenship and Immigration Services resource: Afghan Operation Allies Welcome (OAW) Parolee Asylum-Related Frequently Asked Questions | USCIS. While this is not something that AA21 has expertise in and we cannot assist with applications, some resources have been provided by other organizations.

At this time, we have been advised that any Afghan who maintains parole and applies for an exception to the one-year deadline should receive it. This will give them time to obtain legal assistance since asylum applications are complex to put together. Key considerations for maintaining parole status:

File a change of address within 10 days of moving
Complete medical attestation if they haven’t already
Don’t break any laws
Don’t leave the United States. Traveling back to Afghanistan for any reason will put your status at risk.

More information and forms can be found at Information for Afghan Nationals | USCIS

Options for Free or Low-Cost Legal Assistance

The International Refugee Assistance Project has compiled resources for Afghans needing legal assistance related to immigration. Legal Directory - Immigration Advocates Network
The American Immigration Lawyers Association has also published a list of immigration lawyers who are interested in assisting immigration assistance to Afghans resettling in the US at a reduced fee. Download pdf

P1s and P2s

Many of the cases AA21 has received over the past year are for people who were referred for or may have been eligible for a P1 or P2 referral. While the US government has processed the initial paperwork submitted, people with P1 and P2 referrals have not been eligible for State Department coordinated flights. Unfortunately, the actual processing cannot begin until the individuals are out of Afghanistan, and most people don’t have a way to get to a third country to begin processing or the funds to sustain themselves in the third country for the expected processing time of 12-18 months.

Recently there has been talk about reevaluating the way P1s and P2s are handled by the State Department and the priority being given to their cases. In an effort to be better prepared for a policy change, we are asking that any cases that received a letter from the State Department saying that their case had been referred, please provide us with a copy of that letter. This will enable us to update our records. The referral letter is what indicates a person can apply for status once they are out of Afghanistan. Please send these to cases@alliedairlift21.net.