Humanitarian parole offers a pathway to the United States for individuals facing urgent circumstances. This guide, drawing upon official resources, clarifies the process specifically for Afghan nationals seeking parole. Understanding the terminology and procedures is crucial for both petitioners and beneficiaries.
Before diving into the specifics, for those assisting individuals from afar, it might be helpful to be aware of the current time in Afghanistan to better coordinate communication. If you’re wondering, What Time Is It In Afghanistan?, a quick online search can provide you with the accurate time, considering the time difference. This small detail can aid in managing communication effectively throughout this process.
Understanding Key Terminology
To navigate the humanitarian parole process effectively, it’s essential to understand the following terms:
- Petitioner: This is the individual in the United States who is filing Form I-131, Application for Travel Document, on behalf of an Afghan national outside the U.S. seeking parole. Individuals filing on their own behalf are termed “self-petitioners.”
- Beneficiary: This refers to the Afghan national located outside the United States who is being considered for humanitarian parole. It can also refer to someone already in the U.S. seeking re-parole.
- Financial Supporter: A financial supporter commits to providing financial assistance to the beneficiary during their stay in the U.S. by submitting Form I-134, Declaration of Financial Support.
- Parolee: This is an individual who has been granted parole and has entered the United States.
Understanding USCIS Form I-131: Application for Travel Document is crucial for initiating the humanitarian parole process for Afghan nationals.
Eligibility Criteria for Humanitarian Parole
U.S. Citizenship and Immigration Services (USCIS) may grant parole on a case-by-case basis for individuals with urgent humanitarian reasons or for reasons of significant public benefit. This authorization allows individuals to enter the United States temporarily.
Afghan nationals outside the United States seeking protection due to fear of persecution should also be aware of the resources offered by the UNHCR. The Office of the United Nations High Commissioner for Refugees (UNHCR) can provide assistance and guidance.
While U.S. policy prioritizes addressing protection needs through international mechanisms like the U.S. Refugee Admissions Program (USRAP), humanitarian parole is considered in limited, extremely urgent circumstances. These are cases where obtaining protection through host governments, resettlement in other countries, or USRAP are not viable options in a timely manner.
For parole requests based on protection needs, it is critical to consult the Guidance on Evidence for Certain Types of Humanitarian and Significant Public Benefit Parole Requests. Specifically, review the section “To Come to the United States for Protection from Targeted or Individualized Harm.” This section outlines the necessary evidence, including corroborating evidence, to support your request.
Thoroughly reviewing the Guidance on Evidence is paramount. Submitting all required documentation and evidence with your initial application significantly streamlines the processing.
USCIS weighs both positive and negative factors when assessing parole requests. For Afghan nationals, strong positive factors include:
- Immediate family of a U.S. citizen (spouse, unmarried children under 21, or parents)
- Immediate family of a U.S. lawful permanent resident (spouse or unmarried children under 21)
- Locally employed staff of the U.S. Embassy Kabul and their immediate family members (spouse and unmarried children under 21)
- Special Immigrant Visa (SIV) applicants with Chief of Mission (COM) approval and immediate family members (spouse and unmarried children under 21) included on their case
- Immediate relatives of Afghan nationals previously paroled to the U.S. through Operation Allies Welcome. Immediate relatives include spouse, unmarried children under 21, and primary caregivers (and their spouses and dependent children under 21) for unaccompanied children or attached minors.
- Individuals referred to USRAP via P-1 embassy referral or P-2 group designation referral and facing imminent risk of refoulement or serious, targeted harm.
- Extended family members (parents, adult children, siblings and their families) of Afghan nationals with COM approval or who entered the U.S. with an SIV, at heightened risk due to family member’s service with the U.S. government.
- Individuals who assisted the U.S. mission and assert risk of harm but are not eligible for COM or SIV approval for reasons unrelated to fraud or derogatory information.
Furthermore, parole may be considered for individuals who supported broader U.S. objectives in Afghanistan through employment or volunteer work and face risk of harm due to this association.
Each parole request is evaluated individually, considering all circumstances. The petitioner bears the burden of proof to demonstrate that parole should be authorized. USCIS will grant parole only if it is concluded, based on submitted evidence and available information, that:
- Urgent humanitarian reasons or significant public benefit reasons necessitate the beneficiary’s presence in the United States.
- The beneficiary warrants a favorable exercise of discretion.
For detailed information on evidence to establish family relationships and imminent risk, refer to the Humanitarian or Significant Public Benefit Parole for Individuals Outside the United States webpage and the Guidance on Evidence for Certain Types of Humanitarian and Significant Public Benefit Parole Requests. No single factor guarantees approval; each case is decided based on its unique circumstances.
Form I-134, Declaration of Financial Support, is a mandatory component of the humanitarian parole application, ensuring beneficiaries have adequate financial backing during their stay in the U.S.
Application Process for Humanitarian Parole
Individuals outside the U.S. can self-petition for parole, or a petitioner can apply on behalf of an Afghan beneficiary. To initiate the process, Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records, must be filed with USCIS. Consult the Filing Addresses for Form I-131 webpage for mailing instructions, specifically the “Humanitarian Parole” section.
A separate Form I-131 is required for each family member. However, multiple applications can be submitted together in one envelope, provided each Form I-131 and supporting documents are in separate packets.
Filing Fee and Fee Exemptions
Fee exemptions are available for certain Afghan nationals, their spouses, and children filing Form I-131. Refer to the Fee Schedule for a complete list of USCIS fees, exemptions, and fee waiver eligibility.
If a fee exemption is not applicable, Form I-131 must include the filing fee or a fee waiver request using Form I-912, Request for Fee Waiver, or a written request. See Additional Information on Filing a Fee Waiver. Fee waiver requests should be based on the petitioner’s inability to pay, not the beneficiary’s.
A single Form I-912 or written fee waiver request can cover multiple family-related applications filed together. Each individual seeking a fee waiver must sign Form I-912 or the written request. If documentation of inability to pay is unavailable, a detailed explanation must be provided. In such cases, a fee waiver may be granted based on the explanation alone.
Declaration of Financial Support (Form I-134)
Form I-134, Declaration of Financial Support, and supporting documentation are mandatory for each parole request. This form demonstrates that the beneficiary has sufficient financial resources or support for their temporary stay in the U.S. Multiple financial supporters can complete Form I-134 for a single beneficiary, or the beneficiary can complete it themselves. Organizations can also act as financial supporters. If an organization is the supporter and an employee cannot complete Form I-134, a letter from the organization committing financial support can be submitted.
Congress has authorized resettlement benefits for Afghan parolees who entered the U.S. between July 31, 2021, and Dec. 16, 2022, and for certain family members paroled after Dec. 16, 2022. This availability of assistance is considered when determining sufficient financial support. For Afghan nationals eligible for resettlement benefits, financial supporters only need to demonstrate support from arrival until the beneficiary obtains these benefits, potentially a few weeks.
Information regarding financial support should include any special needs of the beneficiary. See the “The Need for a Financial Supporter” section on the Humanitarian or Significant Public Benefit Parole for Individuals Outside the United States webpage.
Beneficiary’s Contact Information
The parole request must include the beneficiary’s physical address and best contact information (email and phone number) in Form I-131 or a supplemental document. USCIS must be notified of any changes to this information. If the beneficiary is in Afghanistan but can travel to another country with a U.S. embassy or consulate, the petitioner should update the beneficiary’s address via their USCIS online account or email [email protected] with the subject line “Beneficiary Relocated Outside of Afghanistan,” providing updated contact information. Beneficiaries should anticipate remaining in another country for potentially months while their parole request is processed.
For further details on eligibility and filing instructions, visit the Humanitarian or Significant Public Benefit Parole for Individuals Outside the United States webpage.
Filing Checklist for Humanitarian Parole
As detailed in the Instructions for Form I-131, humanitarian parole requests must include:
- Completed and signed Form I-131
- If applicable, the required fee or a completed and signed Form I-912 or written fee waiver request. Refer to the Fee Schedule for fee information and exemptions.
- Copies of official photo identity documents for the beneficiary, petitioner, and financial supporter.
- Copy of the beneficiary’s passport identity page or other government-issued ID establishing citizenship (with explanation if passport is unavailable). If no government-issued ID is available, provide a secondary form of ID with explanation.
- Description and evidence of the urgent humanitarian or significant public benefit reason for parole, including documentation for expedited handling if needed, and the requested parole duration.
- Completed Form I-134 with required documentation as per form instructions.
- Statement explaining why the beneficiary cannot obtain a U.S. visa or utilize established refugee processing channels.
- Statement explaining why the beneficiary cannot obtain a waiver of inadmissibility, if applicable.
- Evidence of any pending immigrant or nonimmigrant applications or petitions and copies of any decisions.
Filing Tips for Form I-131 and Form I-912
Before submitting the application, carefully review the form instructions. Ensure the following:
For Form I-131:
- Sign Form I-131 in Part 8, 1.a, “Signature of Applicant.” Signatures must be valid and cannot be electronic. The petitioner signs, not the beneficiary outside the U.S.
- If someone assisted in preparing the form, Part 9 must be completed, signed, and dated by the preparer.
- Provide your address in Part 1 (petitioner’s information). Parole requests without address or contact information cannot be processed.
- Provide the beneficiary’s phone number and current address in Part 2. This information is crucial for processing. “Displaced” is insufficient; provide the most recent complete address, even if the beneficiary is in hiding in Afghanistan.
For Form I-912 or written fee waiver request:
- Review Additional Information on Filing a Fee Waiver.
- If a fee exemption is not applicable and the fee is not submitted, Form I-912 (or a written request) and supporting documentation are required, or Form I-131 will be rejected.
- Sign Form I-912 in Part 7, Item Number 6, “Requestor’s Signature,” or sign the written request. Signatures must be valid and not electronic. The petitioner signs the fee waiver request.
- Include supporting documentation explaining why the petitioner cannot pay the filing fee (petitioner’s financial hardship, not the beneficiary’s).
- If documentation is unavailable, provide a detailed description of the financial hardship and reasons for not providing evidence of income.
After Filing Your Parole Request
Receipt Numbers
USCIS provides a 13-character receipt number for each parole request for tracking purposes. It consists of 3 letters followed by 10 numbers (e.g., EAC, WAC, LIN, SRC, NBC, MSC, or IOE). This number can be found on notices of action from USCIS.
For requests filed on or after Sept. 1, 2021, a new IOE receipt number was assigned due to a system transfer in November 2021. This new number does not affect the receipt date or processing speed. Use the new IOE receipt number in all correspondence with USCIS.
Processing Time Frames
USCIS is experiencing a high volume of parole requests, resulting in processing delays. While efforts are made to process requests efficiently, petitioners should anticipate delays and allow ample processing time. Submitting complete applications with all required evidence initially is crucial to minimize delays.
Submitting Supplemental Information
Additional evidence can be voluntarily submitted after reviewing the updated positive factors for parole eligibility or the Guidance on Evidence. This can be done through a USCIS online account by selecting “Unsolicited Evidence.”
For paper-filed requests, an “Online Access Code” is needed to link the case to a USCIS online account. Contact USCIS for assistance with online account access or resetting access codes via How do I Get a New Online Access Code? or the USCIS Contact Center.
Evidence can also be mailed or emailed to the address on the Receipt of Request for Parole notice, but online submission is recommended for faster processing.
For denied cases, Form I-290B, Notice of Appeal or Motion, or a new Form I-131 with supporting evidence should be filed.
Form I-290B, Notice of Appeal or Motion
If you believe your case was incorrectly decided, file Form I-290B, Notice of Appeal or Motion, within 33 days of the denial notice, with the proper fee or fee waiver request (Form I-912). Fee exemptions may apply for the first Form I-290B for Afghan parole denials between Aug. 1, 2021, and Sept. 30, 2023. Include a copy of the denial notice and write “Afghan Parole” at the top of Form I-290B. Even if filed late, USCIS may still review for a Service Motion to Reopen. Refer to the Form I-290B website for updated filing fees, locations, and requirements.
Alternatively, consider filing a new Form I-131 with the fee (or fee waiver request) and supporting evidence, including any significant new facts.
After Arrival in the United States
Parole grants temporary lawful presence but not a lawful immigration status and does not lead to permanent residency. Parolees must take further steps before their parole expires to maintain legal presence in the U.S. Failure to do so can have serious immigration consequences.
Filing an asylum application during the parole validity period or shortly after expiration is generally considered an extraordinary circumstance. Visit USCIS’ Asylum webpage for more information.
Additional Information on Refugee Processing and Special Immigrant Visas
Humanitarian parole is not intended to circumvent normal visa processing, bypass inadmissibility waivers, or replace refugee processing channels.
Afghan nationals outside Afghanistan facing persecution should contact their local UNHCR office. Those in Afghanistan needing protection can contact awaazaf.org or call the Awaaz humanitarian helpline at 410.
For USRAP information, visit the Department of State Refugee Admissions website. USRAP access can be through UNHCR referral, U.S. embassy referral, or Affidavit of Relationship. A Priority 2 designation exists for certain Afghan nationals who worked with the U.S. government or U.S.-based organizations.
The U.S. government prioritizes processing Special Immigrant Visas (SIVs) for eligible Afghan nationals. For SIV eligibility information, visit the Department of State webpage Special Immigrant Visas for Afghans – Who Were Employed by/on Behalf of the U.S. Government.
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