The Immigration Process for Arriving Afghan Families
By Natalie Fooote, RILA President/CEO
We are heartbroken by the events that have unfolded in Afghanistan in the past few weeks, and we are here and ready to help Afghan families in Northern Virginia. In addition to resettlement assistance, newly arrived Afghan families will need help to understand their immigration situation and to apply for permanent legal status in the US which is critical to their ability to work, live and make a life here. And this need will persist over the coming months and years.
What is the immigration status of Afghans who are arriving in the United States?
The Afghan individuals and families who have been evacuated directly to the US or are in a “waiting hub” in Europe or the Middle East have different kinds of immigration cases and are at different points in the immigration process. This means that nearly all Afghan evacuees who are resettled in the US will need immigration legal assistance in order to complete their immigration process and secure legal status. They will all need immigration attorneys to navigate their particular immigration cases and the specific immigration statuses for which they are applying.
Some Afghan evacuees are in the process of applying for a Special Immigrant Visa (SIV), which is for those Afghan nationals who were employed by or on behalf of the US government. This would include those who worked alongside US armed forces, for example, as interpreters or drivers.
If an Afghan national does not meet the eligibility requirements for an SIV, they may be eligible for Priority 2 (P-2) designation, which grants access to the U.S. Refugee Admissions Program (USRAP). To qualify for P-2 designation, Afghan nationals must have worked in some capacity for the US government or for a US-based non-governmental organization (NGO) or media-based company. If an Afghan evacuee is given P-2 designation, that person’s immigration status is that of a refugee.
There are some Afghan evacuees who did not work for the US government or a US company or NGO, but who are in imminent danger in Afghanistan and were evacuated. For example, female journalists, politicians, and activists face a particularly high risk of harm or even death were they to remain in Afghanistan. Afghans in this category may be able to apply for asylum once they have arrived in the US.
Still others may have a pathway to legal status through family members who are US citizens or US green card holders. However, applying for status through a family member also requires time and has its own specific procedures and requirements.
Being granted an SIV, refugee status, or asylum are all pathways to legal permanent residency and eventually US citizenship, but there are steps, background checks, vetting processes, and requirements along the way that can take years to complete.
What will Afghan families need to do to gain legal status, once they are in the United States?
Given that most (but not all) immigration cases of Afghan evacuees who enter the US are in process at the time they enter the US (meaning they have not actually been granted an SIV, refugee status or asylum at the time of entry), most will likely will be given humanitarian parole, or, what is called deferred inspection. Being given humanitarian parole or deferred inspection is a temporary immigration status that is usually given because of humanitarian reasons and/or that the US government believes that the person being paroled has a legitimate pathway to a permanent legal status in the US. This kind of status usually expires after one year.
Once Afghan families are paroled into the US or given deferred action, they will need to pursue the immigration status for which they are eligible — which may be applying for or finishing the SIV process, applying for P-2 designation, or applying for asylum. In order to apply for any of these immigration statuses, Afghan families will need immigration attorneys to assist them in completing their applications, petitions, and interviews — which, again, will be a years-long process in most cases.
Applying for and securing legal status is imperative for Afghan families to ensure that they may safely and securely remain in the US. For families with mixed immigration statuses, securing immigration status for all family members is essential to keep families together. Each immigration case will be unique, with its own set of issues, requirements, and complicating factors, all- necessitating professional legal assistance.
What is RILA doing right now?
RILA is working with the American Immigration Lawyers Association (AILA) and our partner immigration legal aid organizations to coordinate efforts to help the Afghan families who have recently arrived in Northern Virginia. Right now, the immediate need is orienting Afghan families to the different kinds of legal statuses for which they may be eligible, providing general assessments, answering questions, and giving general legal advice. RILA is signed up to assist in this effort, specifically for those Afghan families currently being housed at the Dulles Expo Center.
Everyone working on this effort recognizes that this situation is complicated, dynamic, and, for now, disorganized. However, RILA is privileged to work with our amazing partners to provide some guidance and answers to waiting Afghan families as soon as possible. And, in the months to come, RILA will likely be able to directly help and provide legal representation for some of the Afghan families here in Northern Virginia, especially those who will apply for asylum.