Explainer · Pathways
The Afghan SIV Program: Legally Required, Improperly Halted
The Afghan Special Immigrant Visa program is still the law, but issuance has all but stopped. Where the program stands, what has happened since January 1, 2026, and what the courts, Congress, and the administration have and have not done.
Last updated September 22, 2026
New State Department guidance, filed in federal court on September 21, 2026, directs public charge vetting at immigrant visa applicants and expressly includes SIVs. Afghan SIVs are exempt from public charge by law, and AfghanEvac’s position is that the government cannot lawfully apply it to them. Read the SIV public charge explainer → See the full timeline of decisions below.
Executive summary
The Afghan Special Immigrant Visa program has not been repealed, but it is no longer functioning in a meaningful way. The law authorizing Afghan SIVs remains in force, yet visa issuance and U.S.-government-assisted movement have been suspended, and key stages of case adjudication have been paused, as a result of executive policy decisions and congressional inaction.
Tens of thousands of Afghan allies have already been formally approved by the U.S. government through the Chief of Mission process, confirming their service and eligibility. Only a fraction of those approvals have resulted in issued visas. The gap is not caused by vetting failures or paperwork errors. It is the product of insufficient visa authorizations, halted relocation infrastructure, and policies that prevent approved applicants from traveling to the United States.
- The program is authorized by the Afghan Allies Protection Act of 2009, Section 602(b), as a special immigrant category under the Immigration and Nationality Act, 8 U.S.C. 1101(a)(27).
- Since January 1, 2026, the U.S. government has issued just three Afghan SIVs, one to a principal applicant and two to derivatives.
- As of August 2025, 178,110 individuals held Chief of Mission approval but no issued visa: 33,883 principal applicants and 144,227 family members.
- Since September 2021, 77,232 Afghan SIVs have been issued: 17,473 principal applicants and 59,759 family members.
- An estimated 5,900 principal visa numbers remained available as of February 19, 2026, and the deadline to file new Afghan SIV applications passed December 31, 2025.
The program has not been repealed or terminated, and the law still exists. The suspension does not cancel cases already in the pipeline, which a court has ordered the government to keep adjudicating, and it does not affect Afghans already admitted to the United States on an SIV.
How to read this explainer
Throughout this document, “suspended” refers to limits on visa issuance and physical entry into the United States. “Paused” refers to the slowing or stopping of case adjudication and operational processing steps, such as Chief of Mission approval and Form I-360 adjudication.
As of February 6, 2026, a federal court ruled that an indefinite pause of adjudication violates federal law and a standing court order. While entry restrictions remain in place, adjudication of Afghan SIV cases already in the pipeline is a legal obligation and must continue.
Important note. This explainer relates only to the Afghan SIV program, not to the U.S. Refugee Admissions Program (USRAP) P1/P2 program or any other pathway through which Afghan allies were reaching the United States.
1 · Status of the law
Lawful, entry restricted, processing court-ordered
A State Department notice confirms that, effective January 1, 2026, the administration fully suspended visa issuance to nationals of Afghanistan, including Afghan Special Immigrant Visas, under a broader travel suspension tied to national security proclamations.
In practice, that suspension has been near-total. Since January 1, 2026, the U.S. government has issued only three Afghan SIVs, one to a principal applicant and two to derivatives.
These entry restrictions affect visa issuance and physical movement, but a federal court ruled on February 6, 2026 that they do not eliminate the government’s obligation to continue processing Afghan SIV cases already in the system. The court explicitly distinguished between processing and entry, and limited its ruling to adjudication steps that occur before visa issuance or travel.
Separately, as of December 1, 2025, the Afghan Special Immigrant Visa Unit paused the issuance of decisions on applications for Chief of Mission approval. Between December 1 and the February 6, 2026 court order, even new approvals were not being finalized or moved forward into interview, travel, or issuance.
These policies do not repeal the SIV law itself. Afghan SIV authority, including the statutory structure, still exists, but it is not being operationalized. The program is paused, not dead. It has partially sunset, but not fully closed: the statutory deadline to submit new applications has passed, so no new cases can be filed, but the government remains obligated to review and adjudicate all existing applications in the pipeline, and to exhaust all appeals and review processes, before the program can be fully closed.
What the February 6 ruling does
- Requires the government to immediately resume processing Afghan SIV cases already in the pipeline.
- Prohibits indefinite, blanket pauses of adjudication.
- Places Afghan SIV processing under active judicial supervision.
What it does not do
- It does not reopen entry into the United States.
- It does not compel immediate visa issuance.
- It does not override existing travel or entry proclamations.
1a · Public charge at the visa window
A new hurdle aimed at SIVs
On September 21, 2026, the government filed guidance in federal court, in Medani v. Trump, describing how the State Department is processing immigrant visas after courts vacated the earlier blanket pauses. That guidance directs consular officers to apply a case-by-case public charge review, with a mandatory worksheet and added layers of supervisory review, and one cable expressly includes SIVs among the immigrant visa categories to vet.
Afghan SIV applicants are exempt from the public charge ground of inadmissibility by law, and they are not required to file an Affidavit of Support. AfghanEvac’s position is that the government cannot lawfully apply public charge to a category Congress exempted, and we are prepared to challenge any case where it does.
2 · The pipeline
Approved at scale, issued at a fraction
As of August 2025, U.S. government data shows that 178,110 individuals had received Chief of Mission approval, the formal determination that they qualify for an Afghan SIV, but had not yet been interviewed or had visas issued. Even if processing and interviews resumed tomorrow, current statutory visa caps would still prevent the United States from issuing visas to all approved principal applicants. This is not a vetting failure. It is a visa scarcity and policy-choice problem.
Issued since January 1, 2026
Afghan SIVs issued since the January 1, 2026 suspension took effect: one principal applicant and two derivatives.
Approved but not issued
Held Chief of Mission approval but no issued visa as of August 2025: 33,883 principal applicants and 144,227 spouses and children.
Issued since the fall of Kabul
Afghan SIVs issued from September 2021 through the reporting period: 17,473 principal applicants and 59,759 family members.
Visa numbers remaining
Principal visa numbers estimated to remain as of February 19, 2026, against a far larger number of approved applicants awaiting a visa.
3 · The administration
Key operational elements were paused
Two executive actions are central to the current paralysis, and the court has ruled they cannot justify an indefinite halt to adjudication.
- Enduring Welcome was stopped on Day One. The relocation mechanism and interagency coordination architecture designed to move approved Afghan allies to safety was suspended as part of early administration actions.
- Movement froze after the DC attack. Following the shooting of two Guardsmen in Washington, DC, all Afghan visa movement and processing, including SIV cases, was further frozen, including cases with interviews scheduled or approved but no visa yet issued.
4 · Congress
Four things Congress has failed to do
Those failures created the conditions for today’s impasse.
Failed to authorize enough visas
Congress has authorized only a fraction of the visas needed to serve nearly 35,000 already Chief-of-Mission-approved principal applicants, despite clear State Department warnings that tens of thousands more would be required.
Failed to compel a restart of relocations
Congress did not pass the Enduring Welcome Act, which would have required the executive branch to resume and sustain relocation operations for eligible Afghan allies.
Failed to provide adjustment of status
Congress has not passed the Afghan Adjustment Act, leaving tens of thousands of Afghans who arrived during the 2021 withdrawal in prolonged legal limbo.
Allowed the program to end early
In 2024, the State Department submitted a plan for winding the program down given adequate visas, sustained relocation capacity, and legislative action. Congress did not intervene to ensure those things happened.
5 · In practical terms
What this means on the ground
The law still exists, but issuance has all but stopped. Since January 1, 2026, the government has issued only three Afghan SIVs, one principal applicant and two derivatives, and very few visas are being used right now. Those with valid visas already in their passports are still able to travel and enter.
Entry into the United States for Afghan SIV holders remains restricted, and visa issuance has not been compelled. At the same time, the government is legally required to continue processing Afghan SIV cases already in the pipeline, including the adjudication steps that prepare cases for future issuance and entry.
Tens of thousands of vetted allies who hold Chief of Mission approval, verifying that they served the United States, remain stuck in danger, in Afghanistan with no durable safety, in third countries, or in legally unstable situations. Many have already been vetted, approved, and documented by the U.S. government, yet remain unable to move because the systems designed to honor those approvals are no longer functioning. The February 6, 2026 ruling ensures that these cases cannot be left in indefinite administrative limbo while entry policies remain unresolved.
6 · What to watch
What you should watch next
- Whether the administration complies with the February 6, 2026 court order to resume and sustain Afghan SIV adjudication while entry restrictions remain in place.
- Whether the State Department applies public charge vetting to SIV applicants under its September 2026 guidance, despite the statutory exemption. See our SIV public charge explainer.
- Whether Congress authorizes a large, realistic tranche of additional SIV visas.
- Whether legislation like the Enduring Welcome Act or the Afghan Adjustment Act advances.
- Whether the administration issues exemptions to the current travel bans allowing Afghan allies to resume movement under existing authority.
Resolving this impasse requires four things at the same time: sufficient visa authorizations, an operational relocation mechanism, policies that allow admission into the United States for Afghans, and political will. At present, those conditions do not overlap.
Visa availability update
How many numbers remain
As of the most recent publicly available Afghan SIV Quarterly Report (Q3 FY25, covering April to June 2025), 9,173 principal SIV numbers remained as of June 30, 2025. SIV reporting typically lags by several months, and recent reporting has been delayed.
Based on issuance trends and domestic adjustments of status by Afghan parolees who later received Chief of Mission approval, we estimate that as of February 19, 2026, about 5,900 Afghan SIV visa numbers remain available. This figure was confirmed to us directly by the State Department, and reflects both overseas issuance and domestic adjustment usage not yet in public reporting. Without additional congressional action, remaining SIV numbers may be exhausted sooner than current public reports suggest.
Timeline of decisions
How the program got here
The most recent developments are at the top.
The AfghanEvac position
The United States made a promise to the Afghans who served alongside it, and a visa earned through that service should be honored, not left to expire on paperwork or die by inaction. Three SIVs in more than seven months is not a functioning program. We are committed to helping the public understand where this program actually stands, so decisions are grounded in facts rather than fear.
Bottom line: the Afghan SIV program is still law, but it is not working. Since January 1, 2026, only three Afghan SIVs have been issued, one principal and two derivatives. Roughly 178,110 approved allies are waiting on a visa, only about 5,900 principal numbers remain, issuance is suspended, and the door to new applicants has closed, even as a court orders pipeline cases to keep moving.
Go deeper
Follow the record, and the road ahead
See how the SIV picture fits the wider fight for America’s Afghan allies, and the case for what Congress and the administration must do next.
This explainer summarizes public policy and legal developments for informational purposes and is not legal advice. For guidance on your own case, consult a qualified immigration attorney. Additional information and resources are available through IRAP.
AfghanEvac will continue to monitor the program, the related litigation, and action in Congress, and to update this explainer as the facts change.