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Greater than a yr after the U.S. navy withdrew from Afghanistan, tens of hundreds of Afghan households totaling greater than 88,500 people have resettled in america by totally different immigration paths.
Some have entry to everlasting residence whereas the remaining have permission for short-term stays with out the prospect for a extra everlasting standing until they apply for asylum or Congress passes laws to vary their standing.
For these with short-term standing, their greatest hope to remain is the Afghan Adjustment Act, draft laws that may give Afghan evacuees with short-term standing a pathway to everlasting U.S. residence. Though the measure has been launched in each chambers, it has but to come back up for a vote.
After the evacuation of Kabul in August 2021, the Biden administration partnered with nonprofit organizations to provide Afghan refugees short-term help with housing, meals and clothes and likewise assist them to safe employment and qualify for well being care.
Particular Immigrant Visa
Authorized by Congress greater than a decade in the past, the Particular Immigrant Visa (SIV) is for Afghans who labored as interpreters or guides for the U.S. navy or have been employed by the U.S. authorities or on its behalf in Afghanistan through the 20-year warfare. The SIV program results in everlasting residence and a path to naturalization for these Afghans and their households.
The variety of SIVs obtainable to individuals in Afghanistan is ready by statute, and Congress can enhance the quantity. In 2021, Congress authorised 8,000 SIVs for Afghan principal applicants, bringing the overall to 34,500 since 2014.
Because the begin of the Biden administration by Nov. 1, 2022, the State Division has issued almost 19,000 SIVs to principal candidates and their eligible relations, a division spokesperson instructed VOA on background through e-mail. About 15,000 extra SIV principal candidates are awaiting visa interviews, the step earlier than being issued an SIV. About 48,000 extra have submitted all of their paperwork and are awaiting the subsequent step within the approval course of.
The SIV program stumbled within the six months following the Taliban takeover in August 2021. Through the evacuation, this system for Afghan nationals almost floor to a halt when the U.S. embassy in Afghanistan suspended operations.
Afghan consular providers have been transferred exterior Afghanistan. Whereas some Afghans traveled to Pakistan to course of their immigration instances and visa purposes, some have been flown to Qatar the place they have been processed for resettlement in the U.S.
A U.S. Division of Homeland Safety spokesperson, who spoke to VOA in November on background and didn’t need to be named, stated that of the 88,500 Afghans who resettled within the U.S., greater than 77,000 have been allowed into the U.S. for humanitarian causes on a case-by-case foundation. About half of them could possibly be eligible to use for or proceed the SIV course of in america.
Humanitarian parole
Humanitarian parole is particular permission given to these hoping to enter america beneath emergency circumstances.
Within the final 16 months, greater than 50,000 Afghans residing exterior america utilized for humanitarian parole, however fewer than 500 have been authorised.
The DHS spokesperson instructed VOA that in a typical yr, america receives about 2,000 requests for humanitarian parole from all nationalities. Of these requests, about 500-700 are authorised yearly. There are a number of causes candidates are rejected, however most frequently it is as a result of they might not show they have been in an emergency scenario.
The DHS official instructed VOA that humanitarian parole shouldn’t be meant to switch the refugee resettlement channel, together with the U.S. Refugee Admissions Program (USRAP), which is the standard pathway for people who’ve fled their country of origin to come back to america in search of safety.
Nonetheless, the DHS official stated, the U.S. authorities acknowledges that in some restricted circumstances, the necessity for defense is “so pressing that getting safety through the USRAP shouldn’t be a sensible choice,” as a result of some refugees should not in a position to depart their international locations and begin the appliance course of.
Humanitarian parole for Afghans residing exterior the U.S. remains to be obtainable, however according to the U.S. Citizenship and Immigration Services (USCIS), the company is “presently receiving an especially excessive variety of requests for parole” and that “petitioners ought to count on to attend considerably longer than 90 days for his or her parole request to be processed.”
Afghan evacuees who arrived within the U.S. and not using a visa or any correct documentation needed to file for humanitarian parole due to the pressing humanitarian causes on the time. They got parole beneath the authority delegated to the U.S. Customs and Border Protection (CBP). Officers use discretion to grant humanitarian parole if the individual requesting safety is at a U.S. Port of Entry.
To qualify for humanitarian parole, a international nationwide should present examples of the pressing humanitarian circumstances they discover themselves in, and it’s restricted to 1 yr, however U.S. immigration officers can prolong it one other yr.
Anybody admitted beneath the humanitarian parole designation is quickly protected against deportation and allowed to use for authorization to work. Humanitarian Parole doesn’t confer everlasting immigration standing or represent a path to U.S. citizenship.
Household reunification
On Nov. 14, the State Division launched a web site with data for Afghans within the U.S. who need to reunite with family members nonetheless in Afghanistan.
Afghans who’re naturalized U.S. residents or who maintain a lawful everlasting residence card, often known as inexperienced card, can file petitions with the federal government to convey their direct family to the U.S. beneath immigrant visas that result in everlasting standing.
Afghans who acquired humanitarian parole can petition to convey their partner or minor youngsters to the U.S. as refugees. Some could even be eligible to obtain assist from the U.S. authorities to depart Afghanistan.
The variety of purposes beneath household reunification was not available.
Refugee program
This August, the State Division introduced a priority eligibility beneath the U.S. Refugee Resettlement Program for Afghans who labored for the U.S. authorities, U.S.-based nongovernmental organizations, or American information organizations.
This system offers an easy path to the refugee resettlement course of, however the refugees should, on their very own, first attain a 3rd nation the place they will contact the State Division to start the resettlement course of.
Based on DHS, the State Division is managing referrals to the refugee program, however there typically is not any direct contact with the U.S. authorities earlier than an applicant leaves Afghanistan.
Authorized candidates will then obtain journey paperwork and resettle in america.
Below U.S. immigration regulation, refugees could apply for inexperienced playing cards to turn into everlasting residents after one yr in america. After 5 years of everlasting residency, they will apply for U.S. citizenship.
Within the first two months of fiscal 2023, which started Oct. 1, 540 Afghans have been resettled by this system. In fiscal 2022, that quantity was 1,618. Within the final two months of fiscal 2021, which coincided with the Afghanistan evacuation efforts, 378 Afghan refugees resettled within the U.S.
Asylum
Afghans within the U.S. who’re unable to turn into everlasting residents can apply for asylum. Afghan humanitarian parolees would typically apply for affirmative asylum by a course of finished by the USCIS.
Based on the Transactional Data Entry Clearinghouse, generally, “affirmative asylum instances have a considerably decrease common wait time,” however the present interview backlog remains to be at 1.6 million instances of asylum and different immigration purposes.
The wait time for a listening to on an immigrant’s asylum declare is between two to 6 years.
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