If You Obtained Lawful Permanent Residency through the Afghan SIV Program:
If you are a lawful permanent resident through the Afghan Special Immigrant Visa (SIV) program, your spouse and unmarried children under the age of 21 may be eligible to immigrate to the United States through the Afghan SIV program.
The immigration process for your family members:
NOTE: Your family members are also eligible for an immigrant visa using Form I-130 Petition for Alien Relative. See the section “If you are a lawful permanent resident,” above.
If you included your spouse or unmarried children under the age of 21 on your original SIV application for Chief of Mission approval, your family members may be processed as SIV “follow-to-join” family members. If the case is at the National Visa Center (NVC), please contact the NVC and request a case transfer to the nearest U.S. Embassy or Consulate your family members can reach. If the case has already been transferred to a U.S. Embassy or Consulate other than Kabul, please visit usembassy.gov and contact that U.S. Embassy or Consulate. For more information, see the Department of State website.
If you entered the United States as an SIV holder, and if you married or had a child before you entered the United States, please contact the NVC to notify them that you are a permanent resident so that your spouse or child can apply for an immigrant visa.
If did not enter the United States as an SIV holder but later adjusted to Special Immigrant status, and if you married or had a child before you adjusted to Special Immigrant status, your spouse or child may be added to your SIV case and processed as SIV “follow-to-join” family members. You will file the Form I-824 Application for Action on an Approved Application or Petition with U.S. Citizenship and Immigration Services (USCIS). If USCIS approves the petition, the NVC will contact you and your family members to begin the SIV application process.
If you married or your child was born after you became a lawful permanent resident in the United States, your family members are not eligible for the SIV “follow-to-join” process. Instead, see the section “If you are a lawful permanent resident,” above.
USA Visa
Departure assistance for your family members:
The U.S. Government may be able to offer departure assistance for your spouse and your unmarried children under the age of 21. The Department of State will contact your family members with departure options after the NVC has notified your family members that their SIV applications are ready for an interview. If the U.S. Government can help your family members depart Afghanistan, they will travel to a country where they can complete the SIV process. Your family members will require a valid passport. U.S. government assistance to depart Afghanistan is not a guarantee of visa issuance. Additionally, the decision to issue or refuse a visa must be made by a consular officer during the visa interview
USA Visa:
If You Are a Refugee or Asylee:
If you hold refugee status or asylee status, your spouse and your unmarried children under the age of 21 may be eligible to immigrate to the United States.
The immigration process for your family members:
You begin the immigration application process for your family members by filing a “follow-to-join” petition, the Form I-730 Refugee/Asylee Relative Petition, with U.S. Citizenship and Immigration Services (USCIS). USCIS will review petitions as quickly as possible. If you were admitted to the United States as a refugee more than two years ago or were granted asylum more than two years ago, you will need to request a waiver of the two-year filing deadline in Part 3 of Form I-730 and explain why you could not file before the two years.
If USCIS approves the petition, the Department of State or USCIS will contact your family members to continue their application for their “follow-to-join” refugee or asylee status.
USA Visa:
Departure assistance for your family members:
The U.S. Government may be able to offer departure assistance for your spouse and your unmarried children under the age of 21. The Department of State will contact your family members with departure options after your I-730 has been approved and your family members are ready for an interview. If the U.S. Government can help your family members depart Afghanistan, they will travel to a country where they can complete the “follow-to-join” process. Your family members will require a valid passport. If the U.S. Government has helped/helps your family members depart Afghanistan, they will only be able to enter the United States after approval by U.S. immigration officials.
