The Long Wait For Freedom: Navigating The Complexities Of Humanitarian Parole For Afghans

The fall of Afghanistan to the Taliban in August 2021 has prompted a refugee crisis, with more than 550,000 Afghans displaced since January of that year. The U.S. government has offered humanitarian parole to those seeking refuge, allowing them to enter and stay in the country without a visa. However, the process of obtaining humanitarian parole can be lengthy and confusing, with many applicants waiting months or even years for a response. While the parole process typically takes around 90 days, the high volume of applications from Afghans has led to significant delays, with some applicants waiting over a year for a decision. The cost of applying for humanitarian parole, which is $575, has also been cited as a financial burden for families already struggling due to the fall of their home country. The lack of transparency and frequent changes in evidentiary requirements have further complicated the process, leading to criticism and calls for a dedicated Afghan parole program.

The Biden administration ended humanitarian parole for Afghan refugees in October 2022

The Biden administration's decision to end humanitarian parole for Afghan refugees in October 2022 has had a significant impact on the resettlement process for Afghans seeking to enter the United States. This move represents a shift in the U.S. government's approach to addressing the refugee crisis in Afghanistan triggered by the Taliban's seizure of power. Here are some key details and implications of this decision:

• Difficulties for Stranded Afghans: Ending humanitarian parole makes the U.S. resettlement process more challenging for Afghans still stranded abroad. Without the parole option, which allowed high-risk refugees to bypass lengthy visa or asylum processes, entering the U.S. becomes more difficult, especially for those who do not fall into specific priority categories.
• New Resettlement Strategy: The Biden administration introduced a new resettlement strategy called Operation Enduring Welcome, which aims to provide a direct pathway to permanent legal status for Afghan arrivals. The focus shifts to resettling Afghans who are immediate family members of U.S. citizens, evacuees already residing in the U.S., and applicants eligible for Special Immigrant Visa (SIV) status due to their assistance to the U.S. war effort.
• Impact on Existing Applications: The U.S. Citizenship and Immigration Services (USCIS) clarified that the discontinuation of humanitarian parole will not affect applications that had already been filed before October 1, 2022. However, for new applicants, the absence of this option adds to the complexities of seeking refuge in the U.S.
• Criticism and Advocacy: The policy change has faced criticism from immigration advocates and lawmakers, who argue that it reflects a failure to properly plan the evacuation and resettlement of vulnerable Afghan nationals. There have been calls for the creation of an Afghan parole program and the Afghan Adjustment Act to address the concerns of those still seeking refuge.
• Slow Processing Times: The end of humanitarian parole does not alleviate the issue of slow processing times for Afghan parole applications. As of January 2024, Senator Edward Markey expressed concerns about the slow pace of the Department of Homeland Security (DHS) in adjudicating tens of thousands of Afghan parole applications pending for over two years.
• Alternative Options: With the discontinuation of humanitarian parole, Afghans seeking asylum in the U.S. must now endure the lengthy visa or refugee process unless they fall into the priority categories under Operation Enduring Welcome. This process can take years, and many Afghans are left in legal limbo, uncertain about their future.

The US Embassy Kabul has suspended operations and cannot process parole requests for individuals in Afghanistan

The US Embassy in Kabul suspended its operations in Afghanistan on August 31, 2021. This means that it is currently unable to process parole requests for individuals in Afghanistan.

The US government has received an extremely high number of parole requests since Fall 2021, and petitioners should expect processing delays. It will take time for the government to work through the unprecedented number of requests.

If you are in Afghanistan and have been deemed initially eligible for parole, you must arrange your own travel outside of Afghanistan to a country where there is a US embassy or consulate. Once you have arrived at a location with a US embassy or consulate, you must notify the US government, following the instructions on the Notice of Continued Parole Processing. The US government will then review your case, and if you remain eligible for parole, they will issue a conditional approval notice and inform the US embassy or consulate in your new location. You should be prepared to remain in your new location for several months.

If you are outside of Afghanistan, you may request parole into the United States for urgent humanitarian reasons or significant public benefit reasons. Parole is granted on a case-by-case basis and specifies the duration of the parole. While parole allows for temporary lawful presence in the United States, it does not give immigration status or provide a path to lawful permanent residence. If you receive parole, you will remain an applicant for admission and may be able to apply for lawful status in the United States if you are otherwise eligible.

The Biden administration has ended humanitarian parole for Afghan refugees as of October 1, 2022. Afghan nationals will no longer be able to enter the US under the humanitarian parole authority. This shift in policy is expected to make US resettlement more difficult for Afghans still stranded abroad.

The US government is prioritizing parole requests for Afghan nationals outside of Afghanistan as the government is able to complete processing for those individuals at a US embassy or consulate. However, the government continues to process parole requests for individuals who remain in Afghanistan as well.

The US government has approved less than 2% of Afghan applications for humanitarian parole

Humanitarian parole is a special permission given to those hoping to enter the US under emergency circumstances. It is typically granted for “urgent humanitarian reasons” or because the entrance of an individual is deemed to be of “significant public benefit”. While it does not provide a pathway to citizenship or permanent residency, it allows individuals to temporarily reside in the US and apply for legal status.

The low approval rate for Afghan applicants has been attributed to stringent criteria and high standards set by the US Citizenship and Immigration Services (USCIS). Applicants must demonstrate urgent humanitarian reasons or significant public benefit, and provide extensive documentation to support their claims. The process has been criticised for being confusing, costly, and lacking transparency.

In response to the low approval rate, the Department of Homeland Security (DHS) announced in May 2023 that it would establish a process to re-parole eligible Afghan nationals, allowing them to continue living and working legally in the US. This process will involve online and paper filing, with requests considered on a case-by-case basis.

The Biden-Harris Administration has also expressed its commitment to the safety and well-being of Afghan nationals who arrived through Operation Allies Welcome (OAW) and has called on Congress to support a bipartisan adjustment act to provide a more streamlined immigration pathway. Afghan nationals are encouraged to pursue permanent status through Special Immigrant and Asylum processes and to utilise the resources provided at Afghan Support Centers across the country.

Humanitarian parole does not grant Afghan nationals permanent resident status or a pathway to US citizenship

The US government has granted humanitarian parole to Afghan refugees, allowing them to enter the country for a limited period. However, it's important to note that this does not grant Afghan nationals permanent resident status or provide a pathway to US citizenship.

Humanitarian parole is a discretionary grant of temporary permission for individuals to enter the US. It is typically granted for urgent humanitarian reasons or significant public benefit. In the case of Afghanistan, the US government used humanitarian parole to facilitate the evacuation of Afghans who were at risk following the fall of Afghanistan to the Taliban. This allowed them to bypass lengthy visa or asylum processes and enter the US temporarily.

While humanitarian parole allows individuals to legally reside and work in the US for a specified duration, it does not grant permanent resident status or provide a pathway to citizenship. Parolees must still apply for more permanent immigration status if they wish to remain in the country long-term.

The US government has broad discretionary power in interpreting who is eligible for humanitarian parole, and each case is assessed individually. For Afghan nationals, the US Citizenship and Immigration Services (USCIS) has specified that urgent humanitarian reasons may include reuniting families, providing urgent medical care, or assisting in a national disaster relief effort.

It's important to emphasize that humanitarian parole is intended as a temporary solution and does not confer any permanent immigration status or rights. Parolees must take additional steps to ensure they remain legally present in the US once their authorized parole period ends.

The US government has not launched a specific parole program for Afghan refugees

The lack of a specific parole program for Afghans has led to criticism and calls for the US government to do more. Immigration advocates and lawyers have advocated for a dedicated parole program, arguing that the current process is insufficient and does not address the unique needs of Afghan refugees. The US government's response to the Afghan refugee crisis has been characterised by bureaucratic red tape and slow resettlement processes.

The humanitarian parole process for Afghans has been marked by long processing times and low approval rates. As of February 2022, the US government had received over 40,000 humanitarian parole applications from Afghans and granted around 150. The majority of applications are still pending, with only a small percentage being approved. The approval rate is significantly lower than that of other parole processes, such as the one implemented for Ukrainians fleeing the Russian invasion.

The US government's decision not to implement a specific parole program for Afghan refugees has had a significant impact on those seeking to enter the country. Many Afghans have been left waiting for a decision on their application, with no guarantee of approval. The lack of a dedicated program has also made it difficult for Afghans to navigate the complex and confusing application process, particularly those who are not familiar with the US immigration system.

While the US government has not launched a specific parole program, it has implemented other measures to assist Afghan refugees. For example, it has prioritised the processing of parole requests for Afghan nationals outside of Afghanistan and provided resettlement benefits for those who have been paroled into the country. However, these measures have not addressed the specific needs and challenges faced by Afghan refugees, leading to continued calls for a dedicated parole program.

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