Immigration Information for Afghan Evacuees

By Michelle Swearingen, Director of Programs

After the Taliban took control of Afghanistan in August 2021, the United States evacuated 76,000 people. An additional 9,000 individuals have been evacuated since then, with more than 5,000 people settled in the Virginia area alone. These individuals were all brought to the United States on parole status, which for most individuals will expire two years after they entered the country. Because this is a temporary status, every Afghan will need to find another permanent pathway to remain in the United States lawfully. We outline these pathways below, as many Afghans and friends of Afghan refugees have questions about Afghans’ permanent legal pathways.

Asylum

This is a humanitarian pathway for those who have been persecuted or fear they will be persecuted because of their race, religion, nationality, political opinion or membership in a particular social group. 

What to know about asylum:

  • Although there is typically a one year deadline for asylum, maintaining parole or temporary protected status is considered to be an extraordinary circumstance (See Code of Federal Regulations here), meaning that Afghans entering the U.S. as parolees have an exceptional circumstance. They are required to file within a “reasonable” period after their status runs out. We would advise individuals to file as soon as possible after their temporary status expires.

  • USCIS has been directed to expedite processing of Afghan applications for asylum. They are required to conduct an interview within 45 days of when the application is submitted, and a final decision within 150 days of when the application is submitted.  

  • Paper applications are significantly delayed, but electronic filings are still being scheduled in an expedited manner. 

  • Those who are granted asylum are eligible to apply for a green card one year from the date they were granted asylum.  

Special Immigrant Visa (SIV)

The U.S. government has designated a special visa status for those who worked for the U.S.  government or ISAF in Afghanistan for at least one year.  

What to know about SIV:

  • This process is quite backed up, but it is working. The program was streamlined this summer. 

  • If you have already applied, you do not need to reapply. It is normal for it to take months to get a receipt, but new applications should receive an automatic email response immediately. As of September 2022, the National Visa Center was processing applications that were submitted in February 2022.

Temporary Protected Status (TPS)

TPS is an immigration mechanism used by the U.S. government to allow foreign nationals of designated countries to remain in the United States in the event that their country experiences armed conflict, an environmental disaster, or other extraordinary and temporary conditions. Afghanistan was designated for TPS on May 20, 2022, allowing individuals from Afghanistan to remain in the country and work legally. This is a helpful tool if you are waiting for the processing of another pathway. 

What to know about TPS: 

  • The application can be processed online here. 

  • Once granted, individuals with TPS can stay and work legally in the United States for 18 months before they will need to renew their TPS status. 

  • TPS can be renewed indefinitely until the U.S. government determines that it is safe for people to return to Afghanistan.

  • By its nature, TPS is not a permanent immigration pathway, but it allows individuals time to work through the other permanent pathways like Asylum, SIV or family petitions. 

Family petition: 

U.S. citizens can petition for green cards for their spouses, children, brothers and sisters. Green card holders can petition for green cards for their spouses and unmarried children.  

  • If you think you might qualify for this pathway, there are many organizations in our area that can help with family petitions.  

Further, here are some answers to questions we’ve received recently:

Evacuation of Relatives

Many families I hear from are very concerned about family members who are left behind in Afghanistan. The United States has resumed evacuation flights from Afghanistan, and certain individuals (see eligibility information here) can reach out to their resettlement caseworker to inquire about applying for their family members.  

Terrorism Related Inadmissibility Grounds (TRIG)

U.S. regulations bar anyone who has persecuted anyone or supported terrorism or terrorist groups from obtaining lawful status in the United States. Unfortunately, the legal language was written in an overly broad way, which barred even people who gave small amounts of money under duress or participated in an informal militia that fought against the Taliban from accessing benefits for which they were otherwise eligible– including asylum, SIV and TPS. The Biden Administration issued a joint memo offering exemptions to many of these individuals. However, it is important for any Afghan applying for any immigration benefit with the U.S. government to be screened by an attorney or legal representative for any potential TRIG issues.  

Typos on U.S. Documents

Many work permits include typographical errors. You can report this error here to get a new document issued.  

Mel Chang