With the news of Afghanistan over the last month, I thought it appropriate to look at the Afghan Allies Protection Act of 2021. This legislation aims to increase the authorized number of Afghan Special Immigrant Visas and improve the visa processing for those facing danger after supporting US-led missions in Afghanistan.
What is a Special Immigrant Visa?
A “special immigrant” is an individual who qualifies for a Green Card after meeting certain defined criteria. Here is a list of the active defined Green Card categories. Currently, there are Special Immigrant Visas (SIV) available to individuals who have worked in a professional capacity (as translators, interpreters, or other professions) employed by or on behalf of the United States government in Afghanistan or Iraq. There are two different programs Afghans could qualify for:
- SI visa class category: meant specifically for translators or interpreters who have worked with U.S. military forces via the U.S. Armed Forces or under Chief of Mission authority
- Section 1059 of the National Defense Authorization Act (NDAA) only allots 50 SI visas annually
- SQ visa class category: for any other Afghan national who was employed by or on behalf of the U.S. government or International Security Assistance Force
An amendment to the Afghan Allies Protection Act was passed in 2013 and required the State Department complete their review of an SIV application within nine months of its submission. Reports since this amendment was passed have shown processing time is much longer. Some showed it taking an average of 658 days (a little under 2 years), and others indicating it can take as long as 996 days (a little under three years).
The application process involves a lot of documentation and can be broken down into three segments: gathering initial petition documents, collecting additional family records, and scheduling a visa interview.
What does the Afghan Allies Protection Act do?
The Afghan Allies Protection Act of 2021, or US HR3513/US S2032, aims to increase the number of authorized visas, remove paperwork requirements, and improve the program’s efficiency to address increased SIV needs with the withdrawal of US troops from Afghanistan.
The legislation would provide immediate improvements and strengthen efficiency of the Afghan Special Immigrant Visa (SIV) program by:
- Increasing the number of authorized visas from 26,500 to 46,500
- Decreasing the employment eligibility requirement from two years to one year
- Postponing the required medical exam until the applicant and their family have arrived in the United States
- Removing the requirement for a credible sworn statement regarding the threat an applicant faces
- Removing the “sensitive and trusted” requirement for International Security Assistance Force and Resolute Support employment
- Allowing the spouses and children of certain deceased U.S. employed Afghans to immigrate to the United States with SIVs
Other Legislation of Note
On June 29, 2021, the House passed the Hope for Afghan SIVs Act. The bill aims to help speed up the immigration process for Afghans who assisted US Armed Forces in Afghanistan by decreasing the hurdles involved in the SIV process. This legislation specially waives the medical exam requirement for applicants. There is only one clinic in Kabul for SIV applicants to receive this exam which causes delays due to travel time, can be costly, and could put these applications in potentially dangerous situations.
The Emergency Security Supplemental Appropriations Act, enacted on July 30, 2021, authorized 8,000 additional Special Immigrant Visas (SIVs) for Afghan principal applicants, for a total of 34,500 visas allocated since December 19, 2014.
Cover Photo by Ehimetalor Akhere Unuabona on Unsplash
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