State Department Interpretation Unfairly Disqualifies Afghan Allies from Special Immigrant Visa Program

State Department’s interpretation of the new law.The new law extends the date of required service from one to two years for any person “submitting a petition after September 30, 2015.” Today, this stage is after receiving approval from the U.S. Embassy’s Chief of Mission. Many applicants applied for that Chief of Mission approval months or years ago and their applications are still pending. Now, after the government failed to act on their initial applications . State Department for an interpretation of the ambiguous word “petition” that would avoid an unfair and retroactive application to individuals who had already submitted applications based on the previous service requirement.
the State Department is, in effect, punishing applicants for its own delays in processing.”