Resources to Provide Assistance to Afghan Nationals

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For individuals seeking further information about assisting Afghan nationals, the American Immigration Lawyers Association has created several short documents to provide overviews on some potential options such as, fee waivers; the Special Immigrant Visa Program; P-1, P-2, and P-3 refugee status; and humanitarian parole. Please find some of the information about each topic below.

For Fee Waivers:

If an applicant is unable to pay the filing fees or biometric services fees for a U.S. Citizenship and Immigration Services (USCIS) application or petition, the applicant may be able to request a fee waiver. This is typically available to applicants who receive need-based benefits, who are low income, or who have qualifying financial hardship. Certain Afghan Nationals may be eligible for fee waivers depending on the types of applications that they are filing. This includes applications for travel documents if the individual is applying for humanitarian parole, applications for lawful permanent residence based on Special Immigrant Status as an Afghan Interpreter, or Afghan nationals employed by or on behalf of the U.S. Government. Fee waivers may also be requested for any biometric services fees.

For information about fee waivers please visit:

For the Special Immigrant Visa Program:

To be eligible for the SIV program, Afghan nationals must show the following:

  • They were previously employed directly by the U.S. government in Afghanistan or employed with company that had a contract or subcontract with the U.S. government in Afghanistan

  • They worked for the qualifying employer for at least one year between October 7, 2001 and December 31, 2023

  • They face threats to safety because of their employment with the U.S. government

  • Or they are the surviving spouse or child of a former U.S. government employee who had submitted an application for Chief of Mission approval (see Afghan Allies Protection Act § 601(1)(C))

If approved, they are eligible for the same resettlement assistance and other benefits as refugees admitted under USRAP, as well as the Department of State’s Reception and Placement Program.

For information about the Special Immigrant Visa Program and the steps involved in applying, please visit:

For P-1, P-2, and P-3 Refugee Status:

On August 2, 2021, The Department of State announced a Priority 2 designation (P-2) for some Afghan refugees and their families, allowing them access to P-2 resettlement options. Eligibility for priority status will not guarantee a person for approval and entry into the United States. However, eligibility generally qualifies a person to have an interview with a DHS officer to determine whether the person meets the refugee definition, is not already firmly resettled, and is not excluded on other grounds. If individuals meet the criteria, they will undergo the same processing steps as other refugees, including extensive security vetting. Those who qualify for an SIV should not apply for P-1, P-2, or P-3 refugee status.

For more information about P-1, P-2, and P-3 Refugee Status, eligibility criteria, and how to pursue this pathway please visit:

  • https://2017-2021.state.gov/refugee-admissions/u-s-refugee-admissions-program-access-categories/index.html

 

For Humanitarian Parole: 

In general, humanitarian parole authorizes an individual to temporarily enter the United States when there is an urgent humanitarian reason or significant public benefit. Parole requests are discretionary and reviewed on a case-by-case basis, and anyone can request parole for himself or herself, or on behalf of another individual. Some potential reasons to request paroleare: emergency medical reasons, family reunification, participation in legal proceedings, or protection from targeted harm, for example. A grant of humanitarian parole allows for lawful presence in the United States for a specific period of time. Humanitarian parole does not confer immigration status and does not provide a path to permanent residency. Generally, USCIS will specify the duration of parole, if granted. Under the Operation Allies Welcome program, Afghans granted paroled will be permitted to stay for two years and will generally be eligible to apply for work authorization. The CDC issued a humanitarian parole exemption to the requirement for a Negative Pre-Departure COVID-19 Test Result for individuals relocating to the U.S. from Afghanistan. However, once in the United States, Afghans may be subject to medical screening and vaccination requirements.

For more information about Humanitarian Parole and how to apply, please visit: