Afghan Statuses: Explained

As the summer of 2021 began winding down, the world saw the repercussions of a decades long war unfold in Afghanistan. American soldiers were removed, the Taliban regained control, and thousands of people are still trying to evacuate. This crisis caused the United States to open its arms to those trying to flee and now thousands of Afghans are making their way to the states. This extraordinary resettlement effort has allowed individuals to arrive in the country under a variety of immigration statuses. Below, please find a brief explanation of the various legal statuses assigned to Afghan evacuees.

Refugee

According to the United Nations High Commissioner for Refugees (UNHCR), a refugee is “someone who has been forced to flee his or her country because of persecution, war, or violence.” Those who have this status have considerable fear that they will be persecuted because of their race, religion, political opinion, nationality, or membership of a particular social group.

A refugee legally resides in the country of resettlement and is eligible for federally funded cash assistance for up to 8 months. Refugees are resettled in the United States by the federal government and are afforded specific refugee assistance to help them rebuild their lives in America.

Most Afghan evacuees are not arriving with formal refugee status.

Special Immigrant Visa (SIV) Holder

Those with Special Immigrant Visas are individuals who worked for the U.S. government or the International Security Assistance Force (ISAF) in Afghanistan for at least a year. Applicants must also have experienced or be experiencing an ongoing serious threat as a consequence of their employment. This status also applies to their immediate families and allows them to qualify for lawful permanent residence (also known as getting a green card).

The Afghan Allies Protection Act of 2009, Section 602(b), created a new special immigrant category for Afghans who were employed by or on behalf of the U.S. government in Afghanistan between Oct. 7, 2001, and Dec. 31, 2023 for a minimum of one year.

Humanitarian Parolee

U.S. Citizenship and Immigration Services states that parole “allows an individual who may be inadmissible or otherwise ineligible for admission into the United States to be in the United States for a temporary period for urgent humanitarian reasons or significant public benefit.”

Until recently those with this status did not have access to resources offered to refugees coming through the U.S. Refugee Assistance Program. However, with the passing of FY 2022 Continuing Resolution (HR5305) Afghans with this status will have access to these same essential public benefits such as well as driver’s licenses and expedited asylum processing.

Asylum Seeker

When someone flees their country and seeks sanctuary in another country without pre-approval, they apply for asylum when they arrive in their new country. Successful approval of this legal status comes with legal protection and access to full public benefits. However, before this can happen, they must provide proof that their fear of persecution is “well-founded.”