This article was last updated July 22, 2026

Summary

This guide gives information about a court case filed by IRAP that requires the government to process certain SIV applications more quickly. This information applies only to Afghan or Iraqi SIV applicants who: 

• applied for Chief of Mission (COM) approval before February 28, 2022 

AND 

• are still waiting for a decision from COM or are at a later part in the SIV application process. 

Case background

In 2018, IRAP filed a court case to challenge the U.S. government’s delay in the Afghan and Iraqi SIV programs. IRAP filed the case as a “class action”, which allows IRAP to represent a large group of Afghan and Iraqi SIV applicants in court without requiring each SIV applicant to file their own case. On November 30, 2022, the judge in the case decided that the government’s delay in deciding SIV applications was unreasonable and must be fixed. Now, the judge has ordered the government to speed up the application process and to share information about its progress in following this order.

Who does this case apply to?

This case covers all Afghan and Iraqi SIV applicants who, on November 30, 2022, had been waiting for a decision at any part of the SIV process for more than 9 months and have not yet received a final decision on that application. If this has happened to you, you are automatically a “class member” and you do not need to do anything to be covered by this case. A class member is someone covered by this case. 

That means that if you submitted a COM application before February 28, 2022, and have not yet received a final decision on that SIV application (either at the COM approval stage or a later step in the process), you are most likely covered by this case. 

If you submitted a new COM application after February 28, 2022, you are not covered by this case. If you are not covered by this case, that means that the judge has not ordered the government to speed up its decision on your SIV application and the information below about wait times does not apply to your case.

What is the U.S. government required to do?

Because of the judge’s order, the government is required to process applications within a certain number of days at each step in the SIV application process.

Every 90 days, the government must submit a report (the “progress report”) explaining whether or not it is meeting the required timeline for each step in the SIV process. If the government does not meet the timelines, it must explain why in the progress report.

How is this case affected by the travel ban and visa pause for Afghan nationals?

In November 2025, the government paused issuing visas to nationals of Afghanistan. In January 2026, the expanded travel ban went into effect. The travel ban stops most Afghan nationals, including SIV holders, from entering the United States. As a result, right now, the government is not issuing SIVs to Afghans except in very rare situations.

This case does not challenge the travel ban or visa pause for Afghans. That means that currently, even though the government must process Afghan class members’ SIV applications within the timelines set by the court, the government is not required to actually issue visas to Afghan class members. The court has required the government to send Afghan class members this notice when scheduling the class member for a visa interview:

Announcement for Afghan Special Immigration Visa (SIV) applicants: Please check travel.state.gov for more information on Presidential Proclamation 10998, "Restricting and Limiting the Entry of Foreign Nationals to Protect the Security of the United States," which became effective January 1, 2026, and restricts the entry of nationals of Afghanistan to the United States. Please note: Presidential Proclamation 10998 applies to Afghan SIVs, including applicants who are members of the class in Afghan and Iraqi Allies v. Rubio, No. 18-cv-1388 (D.D.C.) and for whom the court has ordered the U.S. Department of State to adjudicate SIV applications on a defined timeline. Visa applicants who are subject to Presidential Proclamation 10998 may still submit visa applications and schedule interviews, but they may be denied visa issuance or admission to the United States.

As explained in more detail on this page, some Afghan class members may decide to delay their visa interview but should consider talking with an immigration attorney to discuss their options.

How quickly is the government processing class members’ SIV applications?

The government’s most recent progress report is available here and covers the period between March 5, 2026 and June 3, 2026. The information below shows how many days the government has to complete each SIV processing step. The chart also says whether the government was meeting each required timeline between the dates March 5, 2026 to June 3, 2026:

Afghan SIV Program Steps

National Visa Center (NVC) reviews COM application and decides if it is complete

• Required timeline: 
  • After you email your documents to NVC, NVC must tell you whether the COM application is complete within 10 business days.
• Status as of June2026 Progress Report:
  • NVC is meeting this deadline.

COM staff review and decide COM application or appeal

• Required timeline: 
  • After NVC says the application is complete, COM must decide the application or appeal within 120 calendar days.
• Status as of June 2026 Progress Report:
  • COM is not meeting this deadline for all applicants. 
• Because the government has not met this deadline multiple times, the court has ordered the government to process a certain number of class members’ COM applications each month until the applications that have been pending the longest have been decided.
  • In June, the government decided 916 Afghan class member COM cases.

U.S. Citizenship and Immigration Services (USCIS) decides the I-360 petition (Only for applicants who submitted I-360 petitions to USCIS) 

• Required timeline: 
  • After you submit the I-360 petition to USCIS, USCIS must decide the I-360 petition within 60 calendar days, OR ask you for more evidence by sending a Request for Evidence (RFE) or Notice of Intent to Deny (NOID).
  • After the applicant responds to an RFE or NOID, USCIS must decide the I-360 petition within 60 calendar days.
  • USCIS may take longer to decide cases that USCIS says involve national security concerns.
• Status as of June 2026 Progress Report:
  • USCIS is generally meeting the deadline:
    • USCIS is deciding most I-360 petitions within 60 calendar days.
    • USCIS says that some cases are taking longer because of national security concerns:
      • 0 waiting 90-180 days
      • 0 waiting 181-240 days
      • 1 waiting more than 241 days

NVC sends you an instruction packet about how to submit your visa application

• Required timeline: 
  • After your COM approval is granted (or, if you have an I-360 petition, after the I-360 petition is approved), NVC must send you an instruction packet (about how to submit your visa application) within 10 business days.
• Status as of June 2026 Progress Report:
  • NVC is meeting this deadline. 

NVC reviews the visa application and decides if it is complete

• Required timeline: 
  • After you send in a visa application (DS-260), NVC must tell you if the application is complete within 10 business days. If the application is complete, NVC will tell you how to request an interview at an embassy outside of Afghanistan.
• Status as of June 2026 Progress Report:
  • NVC is meeting this deadline. 

NVC schedules the visa interview

• Required timeline: 
  • After the application is complete and after you tell NVC the embassy outside of Afghanistan where you can attend an interview, NVC must contact you to give you an interview date within 8 business days. The interview date must be within 60 calendar days of NVC contacting you.
• Status as of June 2026 Progress Report:
  • NVC is not meeting the 8-business-day deadline to give applicants interview dates. 
  • NVC is not giving interview dates within 60 calendar days to all applicants.

The State Department and other parts of the U.S. government do background checks (“administrative processing”)

• Required timeline:
  • After the interview (or after you submit more information, if needed), the State Department must start its background checks (“administrative processing”) within 5 business days and finish within 90 calendar days, unless other parts of the U.S. government also do background checks. 
  • If other parts of the U.S. government do background checks for national security concerns, this step may take longer than 90 days.
• Status as of June 2026 Progress Report:
  • The State Department is meeting the requirement to begin background checks within 5 business days after the interview.
    • NOTE: While the government says that it is meeting this deadline, many SIV applicants are receiving visa denials after their interviews instead of moving to the next step of background checks because the government has paused issuing visas to Afghan SIV applicants. Additionally, because of the visa pause, SIV applicants who are already getting background checks may get a visa denial once the background check is complete.
  • The State Department is not meeting the requirement to finish its background checks for all applicants within 90 calendar days.
  • For cases where national security administrative processing is taking longer:
    • Up to 143 people are waiting more than 120 days
    • Up to 142 people are waiting more than 180 days
    • Up to 111 people are waiting more than one year

Iraqi SIV Program Steps

National Visa Center (NVC) reviews COM application and decides if it is complete

• Required timeline: 
  • After you email your documents to NVC, NVC must tell you whether the COM application is complete within 10 business days. After that, NVC will send completed applications to COM within 5 business days.
• Status as of June 2026 Progress Report:
  • No COM applications or appeals were pending.

COM staff review and decide COM application or appeal

• Required timeline: 
  • After your application is sent to COM, COM must decide the application or appeal within 60 calendar days.
• Status as of June 2026 Progress Report:
  • No COM applications or appeals were pending. 

USCIS decides the I-360 petition

• Required timeline: 
  • After you send in the I-360 petition to USCIS, USCIS must decide the I-360 petition within 60 calendar days, OR ask you for more evidence by sending a Request for Evidence (RFE) or Notice of Intent to Deny (NOID).
  • After you respond to an RFE or NOID, USCIS must decide the I-360 petition within 60 calendar days.
  • USCIS may take longer to decide cases that USCIS says involve national security concerns.
• Status as of June 2026 Progress Report:
  • No 1-360 petitions were pending.

NVC sends you an instruction packet about how to submit your visa application

• Required timeline: 
  • After the I-360 is approved, NVC must send you an instruction packet (about how to submit their visa application) within 10 business days.
• Status as of June 2026 Progress Report:
  • No I-360s petitions were approved.

NVC reviews the visa application and decides if it is complete

• Required timeline: 
  • After you send in a visa application (DS-260), NVC must tell you if the application is complete within 10 business days.
• Status as of June 2026 Progress Report:
  • NVC is meeting this deadline. 

NVC schedules the visa interview

• Required timeline: 
  • After the visa application is complete, NVC must contact you to give you an interview date within 5 business days. The interview date must be within 60 calendar days of NVC contacting you.
• Status as of June 2026 Progress Report:
  • No applicants were waiting for interviews.

The State Department and other parts of the U.S. government do background checks (“administrative processing”)

• Required timeline:
  • After the interview (or after you submit more information, if needed), the State Department must start its background checks (“administrative processing”) within 5 business days and finish within 90 calendar days, unless other parts of the U.S. government also do background checks. 
  • If other parts of the U.S. government do background checks for national security concerns, they may take longer than 90 days.
• Status as of June 2026 Progress Report:
  • The State Department is meeting the requirement to begin background checks within 5 business days after the interview.
  • The State Department is not meeting the requirement to finish its background checks for all applicants within 90 calendar days.
  • Up to 373 people are in background checks.
  • For cases where national security background checks are taking longer:
    • Up to 4 people are waiting more than one year

What does this mean for my SIV case?

If this lawsuit applies to you, you are a class member in the lawsuit, and the government is supposed to meet the timelines above in processing your application. However, despite these requirements, it is possible that the government will not meet the timelines in every case. IRAP will continue to push the government to meet these timelines in all SIV cases covered by the lawsuit.

If you are a class member and are experiencing delays at steps in the process where the government says they are meeting deadlines based on the information above, you can send a message to the litigation team here. We will contact you if we believe we can ask the government about the status of your case. We cannot guarantee that we will be able to respond to everyone.

Additional information and resources

To learn more about the Afghan and Iraqi Allies case, please visit IRAP’s website: Afghan and Iraqi Allies v. Rubio: Challenging systemic delays in deciding Special Immigrant Visa applications.

IRAP’s resources for Afghan SIV applicants are available here. IRAP’s resources for individuals from Iraq are available here. Information about how to request legal assistance from IRAP is available here. 

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

• IRAP helps some people find services and prepare refugee and visa applications.
• IRAP is not part of any government, IOM, or UNHCR.
• IRAP cannot grant refugee status or visas or speed up cases.
• IRAP cannot provide financial help, find or pay for housing, or find jobs.
• All of IRAP’s help is free. No one affiliated with IRAP has the right to ask you for money or any other service.

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, 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.