After USCIS approves the petition, the applicant will undergo a visa interview for himself and family (spouse and unmarried children younger than 21) at a U.S. embassy or consulate overseas. Special immigrants are eligible for the same resettlement assistance and other benefits as refugees admitted under the U.S. Refugee Admissions Program. While in the United States, they are eligible for work permit and eventually green card as well.
Humanitarian Parole for Afghan nationals
a scheduled consular appointment an applicant can be issued a travel document. Conditional approval of parole and the issuance of a travel document does not guarantee final approval of the parole. A Customs and Border Protection (CBP) officer will inspect the parole beneficiary’s travel documents upon arrival in the United States, and the officer has the final say in admitting an applicant in the United States. Parole is not a legal immigration status and does not in itself provide a path to legal immigration status. The parolee is however eligible to request employment authorization, apply for asylum, or have other means to change status to that of an immigrant.
Afghan nationals who are outside of the United States may request parole into the United States based on urgent humanitarian or significant public benefit reasons, for a temporary period. The applicant must file Form I-131, Application for Travel Document with the USCIS to be eligible. The form must also include a statement explaining the urgent humanitarian circumstances including any relevant evidence supporting the parole request. Further, the applicant should present available identity documentation to the U.S. embassy during consular processing or to U.S. government officials if asked to report to an airport. The applicant also needs a sponsor who agrees to provide financial support to the parolee while in the United States. The sponsor is required to include a form I-134, Affidavit of Support and supporting documentation with the parole request.
Refugee resettlement agencies are told to prepare and receive as many as 50,000 Afghans arriving on "humanitarian parole" in the coming weeks. As we all have seen the need for humanitarian aid is imminent for nationals of Afghanistan. However, the path to the United States is not going to be easy, or fast. Applicants arriving under the SIV Program or Humanitarian program will undergo thorough screening and lengthy immigration processing and bureaucracy, despite their request to expedite their applications. The good news, however, is that once in the United States these individuals are eligible to obtain work permit and potentially adjust status to that of lawful permanent residents and obtain citizenship one day. Most importantly, they will be given a chance to start a new life in this country, away from the horrors they have left behind.
USCIS may conditionally approve a parole request, and after
For more information, please contact attorney Olsa Cano at 832.288.2727.
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