My relative traveled to the United States on an SIV. How can I join them? – IRAP

The International Refugee Assistance Project (IRAP) provides free legal help to some refugees and displaced people.

IRAP decides to help people based on their need and eligibility for immigration status. IRAP does not decide to help people based on any other social or political or religious criteria.

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

This information was revised in November 2020. Requirements may change. Always check for current requirements from the government or agency deciding your request.

Summary

This guide is for Afghan and Iraqi SIV recipients in the United States to reunite with relatives.

The information below comes from the Department of State Afghan SIV website under the heading "May my family accompany or follow to join me in the United States?"

An Afghan or Iraqi SIV applicant can apply for their spouse and unmarried children under the age of 21 to travel with them to the United States. To do this, those relatives must go to the visa interview. NOTE: This requirement to go to the interview does not apply to children under the age of 14 who live in Afghanistan. The U.S. Embassy in Afghanistan does not allow applicants under the age of 14 to attend the interview.

If a spouse or child who is required to be interviewed cannot go to the interview, they must schedule visa interviews later. They may have to travel after the primary applicant.

An applicant can add a spouse to their application if they marry before they are admitted to the United States with an SIV. If an applicant has already had an interview, they should immediately contact the Embassy that processed their application.

An SIV recipient who gets married after being admitted to the United States on an SIV will need to file an I-130 after getting married. An SIV recipient who becomes a U.S. citizen can also file an I-130 for other relatives. IRAP’s guide on the I-130 process is here.

A child who is born after an SIV recipient is admitted to the United States on an SIV may apply as a derivative if the SIV recipient and the child’s parent were married before the SIV recipient was admitted to the United States on an SIV. If the parents were not married, or the marriage occurred after the SIV recipient was admitted to the United States, then the SIV recipient must file an I-130 petition for the child.

Priority 3

Since April 2021, recipients of Afghan and Iraqi SIV recipients can also apply for some relatives through the Priority 3 program. Click here to read IRAP's guide on P-3.

Asking for help

You or your relative may want to ask an immigration attorney for help with this process. Here are a few resources:

Information about asking for help from IRAP is here.
If you are in Jordan, you can ask for IRAP Jordan’s help using this form. If the form is closed, you can check back at a later date.
A list of free immigration legal service providers in the United States is available here.
A list of private immigration attorneys in the United States is available here.

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