Afghan nationals are allowed entry to the United States under certain circumstances considering the war and situation in Afghanistan. The Afghan Allies Protection Act of 2009, Section 602(b) (AAPA), as amended, is a special immigrant program which authorizes the issuance of Special Immigrant Visas (SIVs) to eligible Afghans who were employed by or on behalf of the U.S. government, the International Security Assistance Force (ISAF) or a successor mission in Afghanistan between Oct. 7, 2001, and Dec. 31, 2023, for a minimum of 1 year and have:
Provided faithful and valuable service to the U.S. government, ISAF or successor mission as documented in a positive letter of recommendation; and
Experienced or are experiencing an ongoing serious threat as a consequence of employment
On December 29, 2022, amended the act to extend the program through Dec. 31, 2024, and to increase the total number of principal non-citizens who may receive special immigrant status to 38,500. Effective July 20, 2022, USCIS has transitioned the responsibility to adjudicate Special Immigrant Visa (SIV) petitions filed under the AAPA special immigrant program to the U.S. Department of State.
To obtain a green card as an Afghan who was employed by or on behalf of the U.S. government, whether you live inside or outside of the United States, you must first seek special immigrant classification by filing either Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with USCIS or Form DS-157, Petition for Special Immigrant Classification for Afghan SIV Applicants, with the U.S. Department of State (DOS).
Effective July 20, 2022, Afghans who start the Special Immigrant Visa (SIV) application process on or after July 20, 2022, will seek classification as a special immigrant with the U.S. Department of State by filing Form DS-157 with the application for Chief of Mission (COM) approval.
Certain Afghan citizens or nationals who already started the Special Immigrant Visa (SIV) application process and received Chief of Mission (COM) approval as of July 20, 2022, must still file a Form I-360 with USCIS on their own behalf, with this exception: if the Chief of Mission (COM) approval letter states that your signed Form DS-157 submitted with your application for Chief of Mission (COM) approval is approved as a petition and you are classified as a special immigrant under INA 203(b)(4), you do not need to file Form I-360.
Afghan citizens or nationals who already started the Special Immigrant Visa (SIV) application process and received Chief of Mission (COM) approval on or before July 20, 2022, must still file a Form I-360 with USCIS on their own behalf. For individuals in the United States with Chief of Mission (COM) requests pending on July 20, 2022, please reference the chart below.
Unless exempt, you are not eligible for adjustment of status if any of the restriction to adjustment listed in section 245(c) of the Immigration and Nationality Act (INA) apply to you. You may be exempt from some of the restriction to adjustment and eligible to adjust status even if you:
Are now employed or have ever been employed in the United States without authorization
Are not in lawful immigration status on the date you file your application
Failed to continuously maintain your lawful status since entry into the United States; or
Have ever violated the terms of a non-immigrant visa after admission to the United States as a non-immigrant
If you are inadmissible to the United States (do not meet the criteria to enter the United States), you cannot adjust to lawful permanent resident status (green cards status). You can find the grounds of inadmissibility listed in INA 212(a). If you apply for lawful permanent resident status (green card) as a special immigrant Afghan, these grounds of inadmissibility do not apply to you:
Public charge (INA 212(a)(4)); and
Labor certification (INA 212(a)(5))
If you are inadmissible based on other grounds listed in INA 212(a), you may be eligible for a waiver or other form of relief. If USCIS grants your waiver application or other form of relief, USCIS may approve your application.
If you are the spouse or unmarried child under 21 years of age of a principal special immigrant Afghan national, you may apply for a green card as a derivative applicant. A surviving spouse or child (unmarried and under the age of 21) of a deceased principal special immigrant Afghan national may also be eligible to apply as a special immigrant self-petitioner.
If you were an unmarried child under the age of 21 years at the time the principal applicant (your parent) filed a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, for classification as a special immigrant Afghan national, or at the time you or your surviving parent filed as a self-petitioner, but are now over the age of 21 (and remain unmarried), you may qualify for adjustment of status under the Child Status Protection Act (CSPA). The Child Status Protection Act (CSPA) provides a method for calculating a non-citizen’s age to see if they meet the definition of a child for adjustment of status and immigrant visa purposes.
To determine whether you are covered under the Child Status Protection Act (CSPA) for adjustment of status, subtract the number of days your parent’s petition (Form I-360) was pending from your age on the date the immigrant visa became available. The date the immigrant visa became available is the date that your parent’s petition was approved by USCIS or, if you filed as a self-petitioning child of a deceased principal special immigrant, the date your petition was approved.
To benefit from the Child Status Protection Act (CSPA) age calculation, you must also apply for lawful permanent residence (green card) within 1 year of when the immigrant visa became available. You may satisfy this requirement by properly filing a Form I-485, Application to Register Permanent Residence (green card) or Adjust Status, among other actions.
Generally, when you have a pending Form I-485, it is possible for you to apply for authorization to work in the United States and to seek advance parole (advance permission to travel and be admitted to the United States upon your return).
Re-Parole Process for Certain Afghans:
The United States of America via USCIS will accept and consider, on a case-by-case basis, re-parole (re-entry into the United States) requests under section 212(d)(5) of the Immigration and Nationality Act (INA) from certain non-citizen Afghans allowed to enter into the United States with the “OAR” or “PAR” classes of admission.
These re-parole requests (from self-petitioners only) are exempt from:
The filing fee for re-parole application
The filing fee for the Employment Authorization Document (EAD) application; and
The requirement to file Form I-134, Declaration of Financial Support
Individuals who received their Form I-94, Arrival/Departure Record, at the time of their parole into the United States should visit the U.S. Customs and Border Protection (CBP) Form I-94 website to view and print a copy of their Form I-94, which will be updated upon approval of their re-parole.
If you are an Afghan paroled into the United States between July 31, 2021, and Sept. 30, 2022; or paroled into the United States after Sept. 30, 2022, and are the spouse or child of an individual paroled into the United States between July 31, 2021, and Sept. 30, 2022, or are the parent or legal guardian of an individual paroled into the United States between July 31, 2021, and Sept. 30, 2022, who is determined to be an unaccompanied child and did not receive an “OAR” or “PAR” Class of Admission on your Form I-94, please email U.S. Customs and Border Protection at oawi94adjustments@cbp.dhs.gov to update your class of admission before filing your request for re-parole, if appropriate.
For Afghan parolees who apply for asylum or for adjustment to lawful permanent resident (green card; for example, adjustment of status as a special immigrant) prior to the expiration of their initial parole period, you do not need to apply for re-parole under this streamlined process. In recognition that in many cases the urgent humanitarian reasons and significant public benefit underlying their original parole grant continue, and in recognition of the time necessary for them to accomplish the purpose of their parole and regularize their immigration status, the Department of Homeland Security plans to consider them on a case-by-case basis for an extension of their original parole period.
If approved, your original employment authorization will be extended through the issuance of a Form I-797C, Notice of Additional Action, sent to your last address of record with USCIS. Should you seek an updated Employment Authorization Document (EAD) card, although your Form I-797C Notice will serve as proof of your extended employment authorization, you may file a Form I-765, Application for Employment Authorization, using category “c(11),” which will be fee-exempted and processed as part of this streamlined re-parole application process.
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Asylum:
Individuals in the United States may apply for asylum regardless of country of nationality or current immigration status. If you have been persecuted or have a fear of future persecution because of race, religion, nationality, membership in a particular social group, or political opinion, you may be eligible for asylum in the United States. This is true for Afghan national as well.
The law requires applicants for asylum to apply within 1 year of their last arrival to the United States, unless they can show that they qualify for an exception to the 1-year filing deadline. You can qualify for an exception if you can show that following applies to you:
There are changed circumstances materially affecting your eligibility for asylum or extraordinary circumstances directly related to your delay in filing an application for asylum; and
You filed the application within a reasonable period of time given those circumstances
Generally, maintaining valid status or parole until a reasonable period before filing the asylum application is considered an extraordinary circumstance. You may be eligible for the extraordinary circumstances exception to the 1-year filing deadline if you file for asylum while your parole is still valid. (Your parole will not be valid if you violate its terms). If you file your asylum application after your parole expires, you may still qualify for an exception to the 1-year filing deadline if you filed for asylum within a reasonable period after your parole expired.
If you have an asylum application pending with USCIS, you can check your case status online. You will need the receipt number we provided you after you filed your application. For inquiries regarding pending asylum applications, you or your immigration attorney of record should contact the asylum office with jurisdiction over the case.
USCIS is expediting pending affirmative asylum applications filed by certain Afghan applicants. Under the Extending Government Funding and Delivering Emergency Assistance Act, USCIS is prioritizing asylum applications filed by certain Afghan citizens and nationals, or those with no nationality who last habitually resided in Afghanistan, as defined in Section 2502(a) of the Act. Under Section 2502(c) of the Act, USCIS will conduct the initial interview for an asylum application within 45 days of filing and, if there are no exceptional circumstances, USCIS will complete the final adjudication within 150 days of filing.
For non-citizens who are not covered under the Extending Government Funding and Delivering Emergency Assistance Act, USCIS will prioritize affirmative asylum applications within the parameters indicated on the general Affirmative Asylum Interview Scheduling webpage. Asylum office directors may consider, on a case-by-case basis, an urgent request for an asylum interview, including when you have an immediate family member in danger of harm in the country of claimed persecution. Please submit any urgent interview scheduling requests in writing to the asylum office with jurisdiction over your case.
Operation Allies Welcome – Expeditious Processing for Asylum Applications:
If you are filing Form I-589, Application for Asylum and for Withholding of Removal, and you fall into category 1 or 2 below, you should follow the instructions below to ensure expeditious processing of your Form I-589 under Section 2502(c) of the Extending Government Funding and Delivering Emergency Assistance Act:
Category 1:
You are a citizen or national of Afghanistan, or you have no nationality and last habitually resided in Afghanistan
You were paroled into the United States between July 30, 2021, and Sept. 30, 2022; and
Your parole has not been terminated
Category 2:
You are a citizen or national of Afghanistan, or you have no nationality and last habitually resided in Afghanistan
You were paroled into the United States after Sept. 30, 2022, and
You are the spouse or child of an individual who meets Category 1 above, or
You are the parent or legal guardian of an individual who meets Category 1 above and who is determined to be an unaccompanied child as defined under 6 U.S.C. 279(g)(2); and
Your parole has not been terminated
If you are an Operation Allies Welcome (OAW) asylum applicant, your asylum interview might take place at a USCIS field office. OAW asylum applicants who qualify for expeditious processing under Section 2502(c) of the Extending Government Funding and Delivering Emergency Assistance Act may expect to have their asylum interviews, based on where they live.
Please note that interview locations are subject to change. Your interview notice will list the exact location where you should report for your asylum interview. Although the USCIS field offices host asylum interviews, field office staff cannot schedule asylum interviews or provide updates on the status of asylum applications. If you have questions about your asylum interview, contact the asylum office with jurisdiction over your case. Use the Asylum Office Locator to find your asylum office. Visit www.uscis.gov for this matter.
Temporary Protected Status:
On March 16, 2022, Secretary of Homeland Security announced a new designation of Afghanistan for Temporary Protected Status (TPS) for 18 months. The Secretary of Homeland Security may designate a foreign country for Temporary Protected Status (TPS) when conditions in the country temporarily prevent its nationals from returning safely or, in certain circumstances, when the country is unable to adequately handle the return of its nationals.
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USCIS may grant Temporary Protected Status (TPS) to eligible nationals of certain countries (or parts of countries) who are already in the United States. USCIS may also grant Temporary Protected Status (TPS) to eligible individuals without nationality who last resided in the designated country.
During a designated period, Temporary Protected Status (TPS) beneficiaries (or individuals found preliminarily eligible for Temporary Protected Status (TPS) after an initial review of their cases, called “prima facie eligible”):
Are not removable from the United States
Can obtain an Employment Authorization Document (EAD); and
May be granted travel authorization
Once an individual has Temporary Protected Status (TPS), the Department of Homeland Security cannot detain them on the basis of their immigration status in the United States. Temporary Protected Status (TPS) is a temporary benefit. Temporary Protected Status (TPS) does not lead to any immigration status, including lawful permanent resident status (a green card). However, registration for Temporary Protected Status (TPS) does not prevent you from:
Applying for non-immigrant status (a visa)
Filing for adjustment of status based on an immigrant petition; or
Applying for any other immigration benefit or protection for which you may be eligible
Please note: To be granted any other immigration benefit, you must still meet all the eligibility requirements for that particular benefit. Applying for Temporary Protected Status (TPS) does not affect your application for asylum, parole, or any other immigration benefit, and vice versa. If USCIS deny your application for asylum, or any other immigration benefit, that will not affect your ability to register for Temporary Protected Status (TPS). However, USCIS may deny your application for Temporary Protected Status (TPS) on the same grounds USCIS deny your other application.
Polygamous Marriages:
Polygamy is the religious practice or historical custom of having more than 1 spouse at the same time. Polygamous marriages are legal under Afghan law, but they are illegal in all states in the United States. U.S. law does not recognize polygamous marriages. Individuals should not continue to practice polygamy in the United States.
Generally, USCIS will only consider the first marriage of a polygamous marriage valid for immigration purposes. If you continue a polygamous marriage, you were in before you came to the United States or begin a new polygamous marriage in the United States, USCIS may deny your immigration application or petition.
Afghan National Parolee Vaccination Status and Immigration Medical Examinations:
As an Afghan parolee who received the Afghan Parole Information sheet from U.S. Customs and Border Protection (CBP) when you arrived in the United States or a Notice Regarding Conditions for Parole from a U.S. embassy consular officer, your parole is subject to certain medical conditions.
If you did not either complete these medical requirements before you traveled to the United States or complete a medical exam at a U.S. government reception center or safe haven after you arrived in the United States, you must receive the required testing and vaccinations elsewhere. The Centers for Disease Control and Prevention (CDC) Health Department Directories webpage lists state, local, and territorial health departments, with more information on finding a vaccination location near you.
Once you have received the required testing and vaccinations, you must complete the certification at the Afghan Parolee Vaccination Status webpage. Each individual parolee must complete the attestation. Different medical requirements may apply to different Afghans seeking to enter the United States, make sure to check what are the specific requirements for you and/or your family.
Need legal immigration services, you can find an immigration attorney on USA Immigration Hub.
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