Form DS-157 Petition for Special Immigrant Classification for Afghan

Petition for Special Immigrant Classification for Afghan SIV Applicant

DS-157, Petition for Special Immigrant Classification for Afghan SIV Applicant-Final PDF

Petition for Special Immigrant Classification for Afghan SIV Applicant

OMB: 1405-0134

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U.S. Department of State

PETITION FOR SPECIAL IMMIGRANT CLASSIFICATION
FOR AFGHAN SIV APPLICANTS

Approved OMB 1405-0134
Expires xx-xx-20xx
Estimated Burden 1 Hour*

PLEASE TYPE OR PRINT YOUR ANSWERS IN THE SPACE PROVIDED BELOW EACH ITEM
Only provide information for a deceased principal applicant when specifically instructed.
1. Last Name(s) (List all spellings)

2. First Name(s) (List all spellings)

3. Full Name (In native alphabet)

4. Are you applying as the surviving spouse or child of a deceased principal applicant per section 602(b)(2)(C) of Public Law 111-8?
If yes, provide the following information for the deceased principal applicant (4a-e).
4a. Full Name (Last Name(s), First Name(s))

No

4b. Full Name in Native Alphabet

4c. Date of Birth (mm-dd-yyyy) 4d. Place of Birth (City, State/Province, Country)

4e. National Identity Number (Tazkera)

5. Clan or Tribe Name (If applicable)

6. All other names/aliases (If applicable)

7. Date of Birth (mm-dd-yyyy)

8. Place of Birth (City, State/Province, Country)

9. Passport Number

Yes

10. National Identity Number (Tazkera)

11. Sex
Male

Female

12. Email Address and Phone Number

13. Current Physical Address

14. Father's Full Name

15. Mother's Full Name

16. Provide information for current spouse, if any:
Name (Last Name(s), First Names(s))

Date of Birth
(mm-dd-yyyy)

Place of Birth

Date of Marriage
(mm-dd-yyyy)

Name

Date of Birth
(mm-dd-yyyy)

17. Provide names and dates of birth for children under the age of 21, if any:
Name (Last Name(s), First Names(s))

Date of Birth
(mm-dd-yyyy)

a.

b.

c.

d.

e.

f.

g.

h.

i.

j.

18. List all countries you have entered in the last ten years.
(Give the year of each visit)

19. List all countries that have ever issued you a passport.

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20. Have you ever lost a passport or had one stolen?
Yes

No

21. List your last five employers, including your current employer. If you are filing this form as a surviving spouse or child, list the deceased's last five employers.
Company or Employer
Work Location
Name
(base or city/province)

Job Title

Supervisor's Name

Supervisor's Email
Address

22. Have you or your deceased spouse or parent ever applied for Chief of Mission approval?
If YES, please provide the case number(s) of the application(s).

Yes

Dates of Employment
(mm-dd-yyyy) or "Present"
From
To

Reason for
Separation
(If no longer
employed)

No

23. Additional Information (if needed)
You may use this section to provide additional information if the space provided above is not enough. Indicate the question number you are answering in the box
next to "Item".
a. Item Number

b. Item Number

c. Item Number

I understand all the information I have provided in, or in support of, this application may be provided to other U.S. government agencies authorized to use such
information for purposes including enforcement of the laws of the United States. I understand all of the information contained in this form and I certify under
penalty of perjury under the laws of the United States of America that the foregoing is complete, true and correct. I understand that any willfully false or
misleading statement or willful concealment of a material fact made by me herein may result in refusal of the visa or denial of admission to the United States, and
may subject me to criminal prosecution and/or removal from the United States.
24. Applicant's Signature (Typed or hand-written signatures are permitted)

Date (mm-dd-yyyy)

CONFIDENTIALITY STATEMENT
INA Section 222(f) provides that records relating to the issuance and refusal of visas shall be considered confidential and shall be used for the formulation,
administration, or enforcement of the immigration, nationality, and other laws of the United States and for limited other purposes provided for in section 222(f) of
the INA. At the discretion of the Secretary of State, certified copies of visa records may be made available to a court which certifies that the information contained
in such records is needed in a case pending before the court.
PAPERWORK REDUCTION ACT STATEMENT
Public reporting burden for this collection of information is estimated to average 1 hour per response, including time required for searching existing data sources,
gathering the necessary data, providing the information required, and reviewing the final collection. You do not have to provide the information unless this
collection displays a currently valid OMB number. Send comments on the accuracy of this estimate of the burden and recommendations for reducing it to: U.S.
Department of State, A/GIS/DIR, Washington, DC 20520.
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U.S. Department of State

INSTRUCTIONS FOR PETITION FOR SPECIAL IMMIGRANT CLASSIFICATION
FOR AFGHAN SIV APPLICANTS
You may file this petition if:
1. You are a citizen or national of Afghanistan; and
2. You were employed by or on behalf of the U.S. government or by the International Security Assistance Force (ISAF), or its
successor, in Afghanistan after October 7, 2001, for a period of not less than one year; or
3. You are the surviving spouse or child or may be considered a surviving child of someone who met the criteria in 1 and 2
above (see 9 FAM 502.5-12(C)).
General Instructions for Completing Form DS-157
Please read and follow the below instructions carefully when completing Form DS-157.
This is a petition for classification as a special immigrant under section 203(b)(4) of the Immigration and Nationality Act ("INA")
(8 U.S.C. 1153(b)(4)), as provided for under section 602(b)(1)(A) of the Afghan Allies Protection Act of 2009 (Public Law
111-8)("AAPA"). This petition is required of all applicants for a special immigrant visa ("SIV") under the AAPA.
You must file this petition together with the documents required to apply for Chief of Mission Approval as listed here:
https://travel.state.gov/afghan.
If the form does not provide sufficient space for your response, use Item 23, Additional Information. Do not leave any fields
blank. All questions must contain an appropriate response or the processing of your petition will be delayed. You must sign
your petition to receive a final adjudication.
Instructions for each numbered question:
1. Enter your family name or surname as it appears in your passport or tazkera. Do not enter names that appear after d/o or
s/o. If you have only one name, enter that name.
2. Enter your first name as it appears in your tazkera or passport (if any). If there is only one name, enter "FNU" (First Name
Unknown) and use the single name as a last name.
3. Write your full name in Dari exactly as it appears in your tazkera or passport.
4. Check yes if you are the surviving spouse or child of a deceased principal applicant.
*4a-e. Enter the deceased's full name, name in native alphabet, date of birth, place of birth and tazkera.
5. Enter your clan or tribal name. If you do not have a clan or tribal name, write "None."
6. Enter any names/aliases you have used.
7. Enter your date of birth as it appears in your tazkera or passport.
8. Enter your place of birth as it appears in your tazkera or passport.
9. Enter your passport number (if any).
10. Enter all tazkera numbers you have ever used. If applicable, also enter your National Identity Card number.
11. Check the appropriate box.
12. Enter your email address and phone number.
13. Enter your current address where you are physically located.
14. Enter your father's full name as it appears in his most recent tazkera or passport.
15. Enter your mother's full name as it appears in her most recent tazkera or passport.
16. Enter the full name (as it appears on their tazkera), date of birth, place of birth, and date of marriage for your current spouse,
if any. If you are unmarried enter "N/A".
17. List the full names and dates of birth of all your children under age 21 as it appears in the child's official documentation (i.e.,
a tazkera or birth certificate). Only unmarried children under 21 years of age at the time a petition is filed may qualify
for an SIV as a dependent (8 U.S.C. §1101 and Public Law 111-8 §602((b)(2)(B)).
18. List all the countries you have visited during the past 10 years and the year of the visit (for example, China 2004, Italy 2007).
If you have never traveled outside of Afghanistan, write "None."
19. List all the countries which have issued you a passport, including your current one (even if expired). If you have never been
issued a passport and do not hold a current passport, write "None."
20. Check the appropriate box to note whether you have ever lost a passport or had one stolen.
21. List the requested information for the last five employers, including the current employer. If you had only one employer or no
employer before the current job, you should explain that in the box. List previous employers regardless of whether they have
a connection to the United States. Please explain the job and if self-employed. Please state specifically the employer's
name, the job location, job title, supervisor name, supervisor email address, dates of employment, and the reason for
separation. If you do not have previous supervisor's email address, enter 'N/A." If you are the surviving spouse or child of a
deceased principal applicant, the requested information refers to the deceased principal applicant's employment history.
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Instructions for each numbered question (continued):
22. Check the appropriate box to note whether you or your deceased spouse or parent, if applying as a surviving spouse or
child, have ever applied for Chief of Mission approval prior to completing this form. If so, enter the case number(s)
associated with those previous application(s). If you or your deceased spouse or parent never applied before, write 'N/A.'
23. You may use this section to provide additional information if the space provided in the form is not enough. Indicate the
question number you are answering in the box next to "Item Number".
24. Sign your name (by hand or typed) and date the form in the signature box.
Processing Information
There is no filing fee for this form.
You must file this form together with the documents required when applying for Chief of Mission Approval. Email all necessary
documentation to:
AfghanSIVApplication@state.gov.
Initial Processing. We must receive a complete and signed DS-157 petition and all documents required for Chief of Mission
Approval, including all supporting documentation, as identified at https://travel.state.gov/afghan, before we can assess your
eligibility for Chief of Mission approval and adjudicate your special immigrant petition. Failure to file all required documents may
delay processing.
Decision. The decision on Form DS-157 involves a determination of whether you have established eligibility for classification as
a special immigrant under INA section 203(b)(4), as provided for under section 602(b)(1)(A) of the AAPA. Approval of this
petition means the U.S. government has determined: (1) you are a citizen or national of Afghanistan; (2) you were employed by
or on behalf of the U.S. Government or by the International Security Assistance Force (ISAF), or its successor, in Afghanistan
after October 7, 2001, for a period of not less than one year; and (3) you provided faithful and valuable service to the U.S.
Government or ISAF, or its successor. The decision on Form DS-157 for surviving spouses and children of deceased principal
applicants involves a determination that the principal applicant met the above requirements and that you have a qualifying
relationship as a spouse or as a child of the deceased principal applicant. Decisions will be made by authorized officials of the
U.S. Department of State. You will be notified of the decision in writing.
Otherwise, you do not need to file this form if:
You have not yet received a decision on your COM application and you previously filed a signed Form DS-157,
Supplemental SIV Chief of Mission Application or Supplemental NIV Application. Your previously filed Form DS-157 will
be deemed a PETITION FOR SPECIAL IMMIGRANT CLASSIFICATION FOR AFGHAN SIV APPLICANTS. If such individuals
apply for a Special Immigrant Visa outside of the United States or apply to adjust status in the United States on the basis of
Special Immigrant status, they will be deemed to have provided the information on that form in support of a petition for
classification as a special immigrant under the Afghan Allies Protection Act of 2009, Section 602(b) of Pub. L. 111-8, and
Section 203(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(4)) and to have agreed that the information provided
on that form may be shared with other U.S. government agencies authorized to use such information for purposes including
enforcement of the laws of the United States. Individuals seeking to apply for a Special Immigrant Visa outside of the United
States will need to email the National Visa Center at NVCSIV@state.gov with their location and information on any derivatives
(immediate family members) included on the application.
You have not yet received a decision on your COM application and you previously filed an unsigned DS-157. No Form
DS-157 may be approved as a petition for special immigrant status unless signed by the applicant. Applicants located outside
the United States whose previously filed Form DS-157 is missing a signature but is otherwise approvable may be granted
conditional approval. Upon receipt of conditional approval, individuals seeking to apply for a Special Immigrant Visa outside of
the United States will need to email the National Visa Center at NVCSIV@state.gov with their location and information on any
derivatives (immediate family members) included on the application. Applicants who receive conditional approval must
electronically sign their Form DS-157 before a consular officer at the time of the visa interview for final approval.
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You are outside the United States and already granted COM approval and have not yet filed a Form I-360 petition with
USCIS. Any Afghan SIV applicant outside the United States who filed a signed Form DS-157 and has received COM approval
but has not yet filed a Form I-360 petition with USCIS and who wishes to apply for an SIV must email NVCSIV@state.gov to
receive instructions on how to proceed with their SIV application. Such applicants will be deemed to have provided the
information on form DS-157 in support of a petition for classification as a special immigrant under section 203(b)(4) of the
Immigration and Nationality Act pursuant to the Afghan Allies Protection Act of 2009, Section 602(b) of Pub. L. 111-8. If the
applicant's DS-157 was unsigned, approval of the petition will be conditional. The approval will be finalized when the applicant
electronically signs their DS-157 petition before a consular officer at the visa interview. Applicants will need to email the National
Visa Center at NVCSIV@state.gov with their location and information on any derivatives (immediate family members) included
on the application.
You are in the United States, and you or your deceased spouse or parent have not yet received a decision on the COM
application and previously filed an unsigned DS-157. Applicants located in the United States that previously filed Form
DS-157 with a missing signature must file an I-360 petition with USCIS once granted COM approval to continue special
immigrant processing.
You are in the United States, and you or your deceased spouse or parent have been granted COM approval. Applicants
currently in the United States who have already received COM approval should file an I-360 petition with USCIS to request
classification as a special immigrant. Following approval of any Form I-360 petition you will need to file a Form I-485 application
with USCIS to become a lawful permanent resident.
You did not file a DS-157 and you or your deceased spouse or parent have been granted COM approval. Applicants
inside or outside the United States who did not file a DS-157 and were granted COM approval must file an I-360 petition with
USCIS. Applicants who have already filed the I-360 petition with USCIS must await a decision by USCIS to continue special
immigrant processing. After USCIS approves your petition, they will transfer your case to the Department of State's National Visa
Center (NVC) for pre-processing. The first step in this processing is the creation of your case in our system. Once this is
complete, we will send you a Welcome Letter by e-mail.
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File Typeapplication/pdf
File TitleDS-0157
Authoranabe
File Modified2024-02-09
File Created2024-02-09

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