Table of Contents
Summary
This article is for Lawful Permanent Residents (LPRs, or “green card holders”) who received their status through an approved Afghan Special Immigrant Visa (SIV) and have been notified that their original COM approval is being “withdrawn.”
It explains what it means to receive a notice saying that your COM approval was withdrawn, what you can do to appeal this decision, and what it means for your status in the United States. It emphasizes the importance of finding a local attorney who can help you evaluate other options to protect yourself and your immigration status.
What is a “Chief of Mission Withdrawal of Support for Afghan Special Immigrant Visa” letter?
If you receive an e-mail sent by the National Visa Center (NVC) from either afghansivapplication@state.gov or canvcafghansivapplication@state.gov that contains an attachment titled “Chief of Mission Withdrawal of Support for Afghan Special Immigrant Visa,” you should carefully review the information in the letter.
The letter may look like this:
This letter will explain that even though you received COM approval in your SIV application in the past – maybe even several years ago – the U.S. government has reviewed your case again and decided to “withdraw,” or take away, this approval. Sometimes this is also called a “revocation.”
Generally, the information in the first paragraph under the checked boxes will explain the reason for the Chief of Mission’s withdrawal of support. The letter will also say that you have 120 days from the date the letter was emailed to you to submit an appeal, just like any SIV applicant who receives a COM denial letter during the initial stages of their SIV application process. IRAP has information on how to prepare an appeal of a COM denial here.
What if I appeal the revocation, and my appeal is denied?
If you submit an appeal and later receive a letter from NVC called a “Denial of Appeal for the Afghan Special Immigrant Visa Program,” this means your appeal has been denied. The letter may look like this:
If you have received this type of denial letter, you cannot submit another appeal on this case. However, you always have the right to initiate a new COM application. Any new COM application will need to address whatever reasons were listed on your previous denial notices.
If you receive a COM “withdrawal of support” notice and you do not submit an appeal or your appeal is denied, the revocation will become final. You will no longer have a valid COM approval. That means your original reason for receiving your SIV no longer exists. Therefore, you will likely also receive a letter from USCIS informing you that your original visa “petition” will also be revoked.
What is a “Notice of Intent to Revoke” from USCIS?
If your COM approval is revoked, then the original basis for your SIV no longer exists. Therefore, United States Citizenship and Immigration Services (USCIS) may send you a letter called a “Notice of Intent to Revoke.” The first page of the letter may look this:
The second page of the letter will contain information explaining why the original basis for your SIV does not exist. The letter will say that your underlying SIV petition (either your I-360 or DS-157) is also being revoked.
This may mean that you will be placed in “removal proceedings,” which means that the U.S. government may take steps to revoke your green card and force you to leave the United States.
What other steps should I take?
Because of the possibility that your green card based on your COM approval may be revoked, it is important to understand all other options that may be available to you to maintain lawful status in the United States. Examples include:
- applying for asylum,
- applying for Temporary Protected Status, or
- applying for other pathways to remain in the United States that may or may not be available based on your particular circumstances.
You should consult with an immigration attorney in your area for assistance. A list of free or low-cost providers is available here and a list of paid providers is available here.
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. Requirements may change. Always check for current requirements from the government or agency deciding your request. If you are in a refugee emergency, we recommend that you contact the UNHCR office in the country where you live. |
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