Afghan SIV legal Help

01/11/2021

I have applied for an afghan SIV and I am waiting for Chief of Mission approval

Guide on Reviewing and Updating your Afghan SIV Chief of Mission Application
This website provides general information about legal processes available to some refugees. It is not meant as legal advice for individual applications.

This guide gives information for Afghan SIV applicants who have applied for Chief of Mission (COM) approval and are still waiting for a decision.



Confirm that the documents you submitted to COM meet all requirements. If they do not, submit new or revised documents to COM.
The SIV program requirements have changed over time. The current guidelines are listed on this website.
https://travel.state.gov/content/travel/en/us-visas/immigrate/special-immg-visa-afghans-employed-us-gov.html

Applicants who filed before or on September 30, 2015 must prove 1 year of eligible work. Applicants who filed after September 30, 2015 must prove 2 years of eligible work.
SIV applications should meet all of the requirements in the current guidelines. If it does not, COM may deny your application.
Submit new or revised documents to [email protected].


Confirm that your supervisor and employer contact information is still correct. If it is not correct, email COM to provide their new contact information.
Two key parts of the COM application are the letter of recommendation (LOR) from a supervisor and the employment verification (EV) letter from your company. COM always contacts supervisors and employers using the information in their letters. If COM cannot contact them, COM may deny your application.

Contact supervisors and employers regularly until you receive COM approval. If their contact information changes—for example, because a supervisor leaves the job, or a company changes names—then ask them for a new letter with their current contact information.
If you cannot reach your supervisor, search for them using websites like LinkedIn, Facebook, and Google.
When writing to supervisors, help them remember you. Mention any nicknames you used and include a photo of yourself. Also include a copy of their old LOR.
Ask for an updated letter: Ask your supervisor for an updated LOR with a current email address (work and personal), a phone number, and any other updates. The new LOR should be dated and signed with a pen. Make sure the LOR meets current guidelines.
Submit new or revised documents to [email protected].


Update LORs and EV if your work dates are incorrect or if your work ends.
Sometimes, SIV applicants receive LORs or EV while they are still working for a company. Then they might leave the job before they have COM approval. Other times, letters have incorrect work dates. In these cases, it may be helpful to have former supervisors and companies update or correct their letters.

Each LOR should include the exact start and end dates of supervision. For example, it should say “January 1, 2015” instead of just “January 2015.”
Each EV should include the exact start and end dates of your work. For example, it should say “January 1, 2015” instead of just “January 2015.” It should also say why you no longer work for the company.
Submit new or revised documents to [email protected].


Check for common issues.
Below is a list of common SIV problems. This list is not complete. Always check the U.S. government COM guidelines. If there are any issues with the LOR or EV, ask for an updated letter that meets the guidelines. Then submit the updated letters to COM.

In the LOR, your supervisor must state whether the applicant poses a threat to the national security or safety of the United States, to the best of their knowledge.
Your EV should list the U.S. government contract numbers for the work you completed. If you worked for a subcontractor, make sure your EV includes both the subcontract number and the U.S. government prime contract number.
If an employer can provide copies of cover pages for all relevant subcontracts or contracts, submit those documents to COM. COM must be able to confirm the existence of contracts for your required period of work.
All LORs and EV should be dated and signed with a pen, not an electronic signature.
Submit new or revised documents to [email protected].


Check your application status regularly.
Afghan SIV applicants waiting for a COM decision can email [email protected] to check their case status. Include your name, date of birth, and SIV case number in the subject line of the email and in the body of the email.

©IRAP

The National Defense Authorization Act for FY 2020, as enacted on December 20, 2019, authorized 4,000 additional SIVs for Afghan principal applicants, for a total of 22,500 visas allocated since December 19, 2014. The Department of State’s authority to issue Special Immigrant Visas (SIVs) to Afgha...

01/11/2021

Guide for UNHCR RSD Interview Preparation
This website provides general information about legal processes available to some refugees. It is not meant as legal advice for individual applications.

This guide is to help asylum-seekers prepare for interviews with the United Nations High Commissioner for Refugees (UNHCR) to assess if they are a refugee. If you applied for recognition as a refugee from the UNHCR office in the country where you live, then you may have a Refugee Status Determination (RSD) interview. An RSD interview is at UNHCR offices with a UNHCR officer. The UNHCR officer will determine if you meet the refugee definition under international law and if UNHCR will recognize you as a refugee.



Who Is Applying for Refugee Status?

One person in the family will be the primary applicant (PA). When UNHCR recognizes the PA as a refugee, their spouse and children under 18 are also recognized as refugees. UNHCR might include others in your refugee file if they are dependent on you. For example, if you live with an elderly parent who cannot take care of themselves, UNHCR may consider them a dependent. Any dependent can be recognized themselves if they meet the refugee definition.

At the interview, expect that UNHCR will separately interview each person who is over 18 years old. UNHCR will only interview a child under age 18 if they were harmed in their country of origin. Only a UNHCR officer who has special training will separately interview a child.



Purpose of the RSD Interview: The Definition of a Refugee

In the RSD interview, UNHCR will determine whether you meet the definition of a refugee. Some important elements of the refugee definition are:

1. That you are outside of your country.

2. That you are afraid that you will face serious harm if you go back to your country. You should explain what you think might happen if you return to your country.

3. The individual’s fears must be “well-founded.”

You should explain why you are afraid of being persecuted, or facing serious harm, in your country. You should explain if things that have happened in the past make you afraid. You should explain if people in a similar situation to yours have been harmed.
You are not required to bring evidence other than your statements, but evidence can be helpful to support your story.
Evidence could include:
Documents of threats you received, or photos of injuries you received.
Military-related documents such as military book and military ID. If you did serve in the military, bring all your military documentation, such as a military book or card. If you served in the military and do not have your documents, be ready to explain why you do not have it.
Medical documents related to your refugee claim.
Family documents like a family book, children’s birth certificates, marriage and divorce certificates.
4. That you are afraid of serious harm because of your:

Race
Religion
Nationality
Political opinion
Membership in a particular social group
A particular social group is a group of people who share something in common that they cannot change or that they should not have to change. Examples include: someone fears harm because he is a family member of a person who opposes the government or a person who fears harm because they are LGBTI.

It is not enough that you are afraid of harm. You must show that you are afraid of harm because of your race, religion, nationality, political opinion, or membership in a particular social group.



5. You will be harmed by your government or r government is unwilling or unable to protect you from others who want to harm you.

6. You applicant cannot reasonably move to a safe place in your home country.





7. You must not be “excluded” from refugee protection.

Applicants who committed serious crimes or war crimes may be excluded.
Applicants who have received citizenship or an offer of a status like citizenship in another country may be excluded.


Preparing Before the Interview

Before your interview you should sit down and write a summary of events in the order that they happened. If you cannot write, you can ask for help or you can review it without writing it down. Do not take your timeline or summary of events into the interview. It is only to help you prepare.



Telling Your Story During the Interview

The UNHCR officer will ask about what happened to you in your home country. They will ask why you left your country.

Always tell the truth during your interview.

UNHCR will be checking whether your claim is credible. This means that they are deciding whether they believe that you are telling the truth.

It may help to try to tell your story in the order that it happened. Telling your story in this way can help the UNHCR officer understand what happened to you.

The UNHCR officer will read reports about what was happening in your country of origin. The interviewer will compare your story with information about the situation in your country.

The UNHCR officer will ask about your registration form and compare what you say in the interview with your registration form.

The UNHCR officer might point out an inconsistency between your registration form and what you have told them in the interview. You should explain the inconsistency or clarify why the two statements are consistent.

If there is something that you do not want to talk about in front of your family, you do not have to share it in front of them. But be sure to tell your full story. You can tell the UNHCR officer that you would like to continue the interview privately.



Telling Your Story in Detail

Provide dates for events. If you do not know the date, do not make one up. If you do not know the exact date, provide an approximate date, for example, May 2007. You can also mention the season or the event that occurred around it.

Tell the interviewer where things happened. Describe the region, town, or even neighborhood and street if you know. If you are not sure of the exact location, provide an approximate location.

Identify who harmed or tried to harm you. For example, how many people were there? What were they wearing? Did they identify themselves? Who do you think they were?

Identify how often events occurred. For example, did the event happen only once? If not, how many times did it happen, and during what period of time did it happen?

Listen carefully to the UNHCR officer’s questions and to answer them honestly and clearly. Make sure that you give relevant answers to the questions that you are asked.



Issues in the Interview

If you do not feel comfortable telling your story due to the gender of the UNHCR officer, you can request to have a UNHCR officer and/or an interpreter of the gender that would make you comfortable.

During your interview, you have the right to request breaks.



Telling your Story Through an Interpreter

If you need an interpreter during your interview, it is important to answer the questions in short sentences. You do not want to talk for a long time because the interpreter may not get your complete story. You want to give the interpreter time to interpret all the details of your story to the UNHCR officer.

If you have problems understanding the interpreter, you think the interpreter may not understand you, the interpreter acts inappropriately toward you, or is not fully translating what you have said, speak up and tell the consular officer. Then explain in detail the problem you are having. You need to explain why you cannot understand the interpreter, what the interpreter’s behavior is or why you think your words are not being fully communicated.

It is important to speak directly with the UNHCR officer, rather than the interpreter. Your interpreter does not influence the decision in your case—only the UNHCR officer can make a decision. The interpreter is required to keep your information confidential.



After your RSD Interview

As soon as possible after your interview, write down key details from your interview. Write the name of the UNHCR officer and interpreter. Write about any parts of your story that you think might have been confusing to the officer.

©IRAP

01/11/2021

My denial letter says “Lack of faithful and valuable service”

The denial letter might explain that COM believes one of the following is true:

There was derogatory information associated with your case.
You were “terminated for cause” or “terminated because of [reason].”
What does this mean?

COM believes you were fired from your job.

What evidence would be helpful for my appeal?

You must show that either (1) you were not fired for failing to do your job or violating a company rule, or (2) that you performed “faithful and valuable service” to the U.S. before leaving your job.

New employment verification letter: If you were not fired or fired by mistake, ask your employer for a corrected letter. Here’s how:
First: Ask your former employer what their records say about why you left the company.
Second: If there is a mistake, give the company any proof you have and ask them to fix the mistake.
Third: If the mistake cannot be fixed, ask your U.S. citizen supervisor or other supervisor to ask your employer to fix the mistake.
Fourth: If your employer fixes the mistake, ask them for a new employment verification letter showing the correct reason for why you left the company.
New letter of recommendation: If you cannot get a new employment verification letter, ask your U.S. citizen supervisor to write you a new letter of recommendation. This letter should have the following information:
Explanation of how your work for the United States was valuable, and how your firing does not change that.
If your supervisor believes you were wrongly fired but your employer will not change your record, then the letter should explain your situation and give any additional information.
The basic required information for a letter of recommendation.
If you are in this situation, ask as many supervisors as possible you had to write you letters of recommendation or letters of support.

Additional qualifying employment: If you worked at other U.S. employers and you have all the evidence to apply for an SIV based on that employment, submit that evidence in your appeal.
You submitted “fraudulent” documents.
What does this mean?

COM believes that you submitted at least one fake document with your COM application. Read your denial letter to see if COM says which document they think is fake.

If it does not say which document was fraudulent, review all of the documents that you submitted. You should check for anything unusual that could suggest that they are not authentic. If the denial letter says which document is fraudulent, you should review that document to see if it has anything unusual that could suggest that it is not authentic.

What evidence would be helpful for my appeal?

If you know which document COM thinks is fake, contact the person or office who wrote the letter or document. Ask them if they:

(a) were contacted by COM to verify the letter; and

(b) will write a new letter confirming (1) that they wrote the original document submitted to COM and (2) that the original letter is valid and authentic. The new letter should also include the basic required information.

Look here for guidance on finding employers and supervisors. If you do not know which document COM thinks is fake, get a new letter from every person who wrote a letter that you submitted in your application. The new letters should also include the basic required information.

You were found to be “ineligible for employment with the U.S. Embassy for security reasons.”
What does this mean?

COM believes that you applied to work with the U.S. Embassy and were not hired because you failed a security screening.

What evidence would be helpful for my appeal?

A new screening: If you failed a security screening, ask a member of the U.S. military to arrange for a new security screening. If a Regional Security Office (RSO) revoked your security certification, ask the embassy or military personnel to help you get an RSO re-certification.
If you have a security failure with one company, a different re-screening with another company may not be enough to fix the issue. However, you may still appeal and explain that you have passed other security screenings.

Only if you worked with MEP: In order to request a re-screening, a U.S. military officer of the rank of Colonel (or equivalent rank) or higher rank currently in Afghanistan must intervene. They must write an “assumption of responsibility” letter to request rescreening. Unfortunately, we do not know the specific procedure on how to make this request.
A new letter of recommendation: Ask your former supervisor if they can write a letter explaining why your security fail was incorrect. They should also send this letter to your former employer stating that the fail was a mistake. They should also ask that your employment record be updated in light of the supervisor’s explanation and support. Look here for guidance on contacting employers and supervisors. The letter should also include the basic information COM requires for letters of recommendation.
2. You worked with IMS

IMS cases should receive further review from NVC. If you worked with IMS and received a COM denial stating that your employment does not qualify, email NVC to request further review, as IRAP has identified contracts between the U.S. government and IMS.
©IRAP

01/11/2021

My denial letter says “Lack of sufficient documents to make a determination”

For a complete list of documents required to be submitted for your COM application, click here. You must submit all of these documents, with all of the required information, to obtain COM approval.

This website describes what your letter of recommendation and your employment verification letter must contain.

The denial letter might explain that:

“You did not provide [document]”
In your appeal, you must provide the document listed in your denial. For a full list of documents you must submit, click here. If the denial says you are missing an employment verification letter or letter of recommendation, click here to see what each letter must contain.

COM “could not confirm the authenticity or validity of your letter of recommendation”
What does this mean?

COM will contact your supervisors and HR contacts who wrote the letter to make sure the letter is authentic and valid. You could have been denied because the author of the letter received but did not respond to COM’s request for confirmation, or the author of the letter did not receive COM’s request.

What evidence would be helpful for my appeal?

A new letter with up-to-date contact information:

Contact the person or office who wrote the letter or document. Ask them if they were contacted by COM from an “.gov” email address to verify the letter. They should check their spam folder and email archive. If they did not receive an email from COM, ask them if they can write a new letter. The new letter should include:

Confirmation that they wrote the letter or document submitted to COM and that the first letter is valid and authentic;
An explanation that they did not receive a request from COM to confirm the letter;
Confirmation that they are ready to be contacted to verify this letter; and
an email address that they regularly check.
The letter should also include the basic required information otherwise for that type of letter for COM approval.
Look here for guidance on contacting employers and supervisors.

Your letter of recommendation was incomplete
What does this mean?

The letter of recommendation you submitted did not contain all of the required information.

What evidence would be helpful for my appeal?

Get a new letter of recommendation that contains all of the required information. See here for a complete list of what your letter must contain.

Common issues include:

The letter did not describe the threats you are facing
The letter did not say that you provided “faithful and valuable service” to the United States government
The letter was not signed in ink by your supervisor
The letter did not contain your supervisor’s name
The letter did not contain the date it was signed
The letter was written by someone who is not a U.S. citizen
The letter was written by someone who was not your direct supervisor
The letter was written by a supervisor from employment that did not qualify for an SIV
The letter of recommendation includes a different time period of employment than what is included in your employment verification letter
“The format and style of your employment letter” made COM question whether it was fake, and they “were unable to confirm the validity of the document.”
What does this mean?

Based on formatting and style, COM believed that the employment verification letter written by the Human Resources department is or may be fake.

What evidence would be helpful for my appeal?

Contact the person or office who wrote the letter or document. Ask them if they:

(a) were contacted by COM from an “.gov” email address to verify the letter; and

(b) can write a new letter confirming that they wrote the letter or document submitted to COM and that the first letter is valid and authentic. The letter should also include the basic required information for that type of letter.

Look here for guidance on contacting employers and supervisors.

Your employment verification letter from Human Resources department was incomplete, was not issued by HR, or was not intended to be used for SIV
What does this mean?

The employment letter you submitted did not contain all of the required information or was not issued by the proper office.

What evidence would be helpful for my appeal?

Get a new employment verification letter that contains all of the required information from the HR department. See here for a complete list of what your letter must contain. If your company worked on a contract, make sure the HR letter includes the contract number. See here for tips on how to provide proof of contracts.
What if my company no longer exists or no longer has records relating to my employment?
If your company does not exist anymore or does not have any records, ask your U.S. citizen supervisor to write a letter. This letter should be separate from the letter of recommendation. The letter should:

Explain that the company does not exist anymore or does not have any records
List the start and end date of your employment
List the reason for separation from the company
Include as much of the information listed above as possible for HR letter requirements
You should also try to get as many letters from U.S. citizen supervisors as possible. These supervisors should list when they worked with you in their letters. This will help you prove as much qualifying employment as possible.
©IRAP

http://iraplegalinfo.org/en/page/guide-com-appeals

01/11/2021

My denial letter says “Insufficient length of employment”

If you filed your COM application after September 30, 2015, you must show that you were employed by or on behalf of the U.S government for two years. If you filed your COM application before September 30, 2015, you must show that you worked for one year.

Date of filing: The date you filed your COM application is that date that you submitted an application to NVC. An application must include, at a minimum, name, date of birth, evidence of Afghan nationality, and an email address.

If you believe you filed your application before September 30, 2015 and only need to show one year of service, submit your previous emails to NVC as evidence. Ask for your application to be reviewed based on the correct date of filing. If your appeal was denied, and you would like to submit a new COM application, then you must show that you were employed by or on behalf of the U.S. government for two years.

Only if you were an interpreter directly with the U.S. military: If you worked as an interpreter directly with the U.S. military for more than one year, you may qualify for a separate SIV program called the 1059 program. Details on how to apply for that program are here.

The denial letter might explain that COM believes one of the following is true:

You personally “do not have the required length of employment.”
What does this mean?

If you filed your COM application after September 30, 2015, you must show that you worked by or on behalf of the U.S government for two years. If you filed your COM application before September 30, 2015, you must show that you worked for one year. COM believes that you have not met this requirement.

COM could not confirm that your work “consisted of full-time employment”
What does this mean?

While you may have been employed for the correct number of years, COM believes you only worked part-time. You must be working full-time for your employment to qualify.

You did not work enough years at the same time your employer had the contract
Your denial letter might say something similar to: “Your employer submitted a number for a contract or subcontract with the U.S. government, period of performance of the given contract was from [date] to [date]. However, you were employed from [date] to [date] which gives you only [number] months of employment under a qualifying contract. Therefore, you do not have the required length of employment by or on behalf of the U.S. government or by the International Security Assistance Force (ISAF).”

What does this mean?

COM believes that your employer had a contract or subcontract with the U.S. government. COM also believes that you worked for your employer for the required number of years.

However, you must have worked at the same time that your employer had a contract or subcontract with the U.S. government.

What evidence would be helpful for my appeal if my denial letter says numbers 1, 2, or 3?

New letters correcting any errors: Check the dates of your employment listed on all documents submitted with your COM application. See if there was a mistake. If there is a mistake in either your employment verification letter or a letter of recommendation, contact the author of the document to correct it and write a new letter. Look here for guidance on contacting employers and supervisors. The letter should also include the basic required information.
Additional qualifying employment: If you have not worked for enough years, then you have not met the requirements for COM approval. If you worked for other U.S. employers and you have all the evidence to apply for an SIV based on that employment, submit that evidence in your appeal. If you do not, you will need to work with a qualifying employer for the remaining amount of time and then submit a new COM application. You can add together multiple periods of employment with different employers in order to meet the required length of employment.
Your employer did not have a contract or subcontract with the U.S. government for the required length of time
Your denial letter might say something similar to: “Your employer had contracts or subcontracts with the U.S. government during the time of the applicant’s employment, but the contracts or subcontracts were for a cumulative period of [number] months only; therefore you do not meet the requirement for at least two years of faithful and valuable service to the U.S. government.”

What does this mean?

COM believes that your employer had a contract or subcontract with the U.S. government as required. However, the contract was not long enough or you only worked for part of the time during which your company had a contract.

You must have been employed at the same time that your employer had a contract or subcontract with the U.S. government for the required number of years.

What evidence would be helpful for my appeal?

Proof of the contract(s): If you believe this was a mistake, try to find proof of the contract(s) from your employer or supervisor. Look here for tips on proving your employer’s contract with the US government. If you obtain a copy, also obtain a new HR letter correcting any errors in the first letter and submit it with your appeal. Look here for guidance on contacting employers and supervisors. The letter should also include the basic required information for an HR letter for COM approval.
Additional qualifying employment: If the contract was not long enough, then you have not met the requirements for COM approval. If you worked for other U.S. employers and you have all the necessary evidence to apply for an SIV based on that employment, you can submit that information in your appeal. If you do not, you will need to work with the U.S. government for the remaining amount of time and then submit a new COM application. You can add together multiple periods of employment with different employers in order to meet the required length of employment
©IRAP

01/11/2021

My denial letter says “Lack of employment by or on behalf of USG/ISAF”

In order to qualify, you must have worked for ISAF/RS, the U.S. government, or a company that had a U.S. government contract. COM must be able to verify your work and the proof of U.S. funding. COM must be able to verify that the company you worked for had a contract with the U.S. government during the time you were employed for the correct number of years.

Look here on advice on obtaining proof of a contract.

The denial letter might explain that COM believes one of the following is true:

Type of work does not qualify for the SIV program because it was not “sensitive or trusted.”
Please immediately contact NVC to request review of your case if you receive a denial letter after December 20, 2019 that says you did not perform “sensitive or trusted” work. As of December 20, 2019, this is no longer a requirement for SIV approval. If you received a denial on this basis and another basis, you would still need to address that other basis for denial in your appeal. See here for more information.

Your employer worked under a grant, award, cooperative agreement, or license.
What does this mean?

Your company did not have the correct type of agreement with the U.S. government. For your work to qualify, employers must have a contract.

What evidence would be helpful for my appeal?

Proof of contract: If you believe this was a mistake, try obtaining a copy of the contract from your employer or supervisor. Look here for tips on finding proof of your contract. If you obtain a copy, also obtain a new HR letter correcting any mistakes in the first letter and submit it with your appeal. Look here for guidance on contacting employers and supervisors. The letter should also include the basic information otherwise required for COM approval.
Additional qualifying employment: If your employment was not under a contract, then it does not meet the requirements for COM approval. If you worked for other U.S. affiliated employers and you have evidence to apply for an SIV based on that employment, including contract information, you can submit that information in your appeal. If you do not, you will need to work with the U.S. government for the remaining amount of time and then submit a new COM application. You can add together multiple periods of employment with different employers in order to meet the required length of employment.
COM “did not have evidence” or was unable to verify the provided “contract information in the U.S. government databases.”
What does this mean?

COM could not find a record of your employer’s contract with the U.S government. This does not mean that the contract does not exist.

What evidence would be helpful for my appeal?

Proof of contract: Look here for tips on finding proof of your contract. If you obtain a copy, also obtain a new HR letter correcting any errors in the first letter and submit it with your appeal. Look here for guidance on contacting employers and supervisors. The letter should also include the basic information otherwise required to be included in an HR letter for COM approval.

You submitted a contract that was “not during the time of your employment.”
What does this mean?

COM believes that your employer had a contract or subcontract with the U.S. government, as required. However, the contract was not during the time you were employed. You must have been employed at the same time that your employer had a contract or subcontract with the U.S. government.

What evidence would be helpful for my appeal?

Proof of contract: If you believe this was a mistake, try obtaining a copy of the contract from your employer or supervisor and make sure it covers the time you were working. Look here for tips on finding proof of your contract. If you obtain a copy, also obtain a new HR letter correcting any mistakes in the first letter and submit it with your appeal. Look here for guidance on contacting employers and supervisors. The letter should also include the basic information otherwise required to be included in an HR letter for COM approval.
Additional qualifying employment: If your employment was not at the same time that your employer had a contract with the U.S. government, then your work does not meet the requirements for COM approval. If you worked for other U.S. affiliated employers and you have the necessary evidence to apply for an SIV based on that employment, including contract information, you can submit that information in your appeal. If you do not, you will need to find qualifying work for the remaining amount of time and then submit a new COM application. You can add together multiple periods of employment with different employers to meet the required length of employment.
©IRAP