by Adam Delezenne
We’ve been getting some questions about the special immigrant visas available for some Afghans trying to leave their country as the Taliban take over. After looking into this process, we believe we can help. However, it is not likely to provide an immediate way out of the country.
Special immigrant visa (SIV) programs have been used by the US government before. It is a way for non-citizens to come to the US if they meet specific criteria. Most recently, the program was used for Iraqi nationals who had cooperated with US forces in their country. Like many in Afghanistan now, many Iraqis feared that they would be targeted because of their help to US forces. As those forces withdrew, getting out of the country to safety became a crisis.
Our founder, Kevin Piecuch, actually got his start helping people navigate the immigration system at a U of M law clinic set up to help Iraqis complete the SIV process.
If you want to talk to someone about SIV for yourself or a family member, please make an appointment for a consultation.
The Process
Unfortunately, for Afghans starting the process now, it is not something you can do quickly. The State Department has created a website that explains the steps and gives a good overview of what is needed.
To be eligible, one must have worked for Western forces for at least a year and show proof of that. There is a State Department form and a Customs and Immigration Services form. Each needs to be approved before a visa is approved. The individual needs to complete an interview at the U.S. embassy before a visa is issued and they are ready to travel. The applicant needs a letter from their Western employer, a letter of recommendation, and other proofs of their work history and identity. As it is currently laid out, the process will take weeks or months.
The applicant must file all the forms, but they do not need to be filed in Afghanistan. If one can temporarily get out of the country to a safe place, they can still work on this process. For those without an immediate relative in the United States, this is probably the quickest and most straightforward solution to getting a U.S. visa for Afghans who qualify.
Congress Could Act
At the same time, Congress could act and create another path to relief for Afghans seeking to leave their country. If you are reading this as a resident of the United States, call your congressional representatives and tell them that this is an area you care about!
Possibilities include streamlining the process so that it is easier to complete or helping people who show minimal qualifications get out of the country into refugee camps to complete the process there. SIV programs often have caps; Congress may need to increase that cap as people continue to apply.
Given the Taliban’s reputation for the oppression of women and girls, this program or others could be bolstered with additional carve-outs that offer women and girls visas more quickly.
Finally, Temporary Protective Status has been used to offer a reprieve to people currently in the US without status. TPS for Afghanistan would allow Afghans who are now in the country without status to breathe a little easier but could also be adapted to provide some relief for family members who want to leave Afghanistan.
Afghanistan is in crisis. If you are in the Detroit area and want to learn what options might be available for Afghans wanting to come to the United Ststes, please make an appointment for a consultation.
The Southwest Detroit Immigrant and Refugee Center provides free and low-cost legal services to those who need them most in the Detroit area, with a focus on recent immigrants and refugees.
We were founded in 2014 by Kevin Piecuch, our Executive Director,
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Photo by Sohaib Ghyasi on Unsplash
