Afghan SIV applicant sues US after ignored pleas to protect his children in Afghanistan

Washington, Oct 7 (FN Agency) An Afghan father living in the United States is suing the Department of State after two years of ignored pleas to bring his two sons left behind in Afghanistan through the Special Immigrant Visa (SIV) program, according to a lawsuit filed by the International Refugee Assistance Project on Thursday. “To date, the State Department has not responded to Mohammad’s petition for protection or made any effort to evacuate or protect H.S.P. and S.A.P.,” the complaint said. “Plaintiffs seek an order from this Court compelling Defendants to respond to Mohammad’s petition for protection and take appropriate action to protect his children.” Mohammed, whose full name is not given for security reasons, promoted women’s and children’s rights throughout Afghanistan between 2016 to 2019 as part of an initiative funded by the US Agency for International Development (USAID), the lawsuit said. However, Mohammad and his wife, sons, mother, and brothers received repeated death threats from the Taliban (a terrorist organization banned in Russia) because of his link to the US government, the lawsuit said.

In August 2019, the filing added, Mohammad took a business trip to the US state of California, but decided to remain in the United States under asylum protections after he discovered the Taliban visited his home in Kabul and left threatening notes. Mohammed hoped to bring his wife and his sons to the United States promptly, but he cannot do so until his Special Immigrant Visa application has been approved. Mohammad has been waiting desperately for his SIV application to be fully processed since May 2019, but it is currently in the final stages to approve him for lawful permanent status in the United States. Meanwhile, Mohammad’s sons, who are nine and eleven years old, have been eluding the Taliban by moving to different residencies every few days following the fall of Kabul in August, the lawsuit said. The situation is especially stressing after Mohammad’s wife died of a heart attack in October 2020 because of a threatening encounter with the Taliban, according to the filing. After the Taliban took over Kabul on August 15, hundreds of people rushed to the airport, which resulted in several days of chaos.

Secretary of Homeland Security Alejandro Mayorkas previously said the United States has admitted more than 40,000 individuals evacuated from Afghanistan. Approximately 13 percent of the 40,000 individuals were US citizens, 8 percent lawful permanent residents, and 79 percent Special Immigrant Visa holders, applicants, or other vulnerable Afghan nationals, according to Mayorkas.