You worked alongside U.S. forces or the U.S. government in Afghanistan. You served as an interpreter, a cultural advisor, a contractor, a mission partner. You were told the United States would not forget you. The Special Immigrant Visa program was the promise made good.
The reality of that program — for thousands of Afghan allies and their families — has been years of bureaucratic obstruction, lost records, unreachable supervisors, COM denials, NVC delays, and processing that has dragged on long after the fall of Kabul in August 2021.
Where the Afghan SIV Program Stands
As of mid-2025, the Afghan SIV pipeline includes thousands of applicants at various stages — some waiting for Chief of Mission approval, some stuck at the National Visa Center, some in consular processing overseas, and some who received COM denials they are trying to challenge. The State Department and DHS continue to process cases, but backlogs and policy changes have affected timelines significantly.
The current administration's pause policies and enhanced vetting requirements have added additional complexity to cases that were already difficult. IRAP, the International Rescue Committee, and other organizations continue to track and litigate on behalf of Afghan allies in the pipeline.
The Most Common SIV Obstacles
- COM denial because employment documentation is incomplete or a supervisor is unreachable.
- COM denial based on insufficient 'faithful and valuable service' determination.
- Termination or negative employment history cited as a basis for denial.
- NVC delays without explanation.
- Consular administrative processing with no clear timeline.
- Changes in family status during a lengthy process — marriages, births, deaths.
- Derivative family members left out or processing separately.
What a COM Denial Does Not Always Mean
A COM denial is not necessarily final. Depending on the reason for denial and the evidence available, a reconsideration request or appeal-like response may be possible. The key is understanding why the denial was issued and what alternative evidence — coworker statements, HR records, contracts, certificates, email correspondence, pay records — might address the deficiency.
Ehsan Law founder Asif Ehsan came to the United States from Afghanistan and has a personal connection to the community these programs are designed to serve. The firm speaks Dari and has experience navigating SIV obstacles, including COM denials, NVC delays, and alternative immigration strategies.
When SIV Is Not Available or Has Failed: Alternative Paths
- Asylum: Many Afghan allies also have independent asylum claims based on Taliban-related threats. A parallel asylum strategy may be appropriate even while SIV proceeds.
- Humanitarian parole: Available in limited circumstances; current policy has significantly restricted access.
- Family-based immigration: Available for certain relatives of U.S. citizens or lawful permanent residents already here.
- Mandamus litigation: Available for SIV cases stuck at NVC or a consulate where the delay is unreasonable.
- Habeas corpus: May be relevant in cases where an allied individual or family member is detained.
This article is for general information only. It is not legal advice and does not create an attorney-client relationship. Immigration law and policy change quickly. Consult an immigration attorney about your specific situation.