We are expecting an influx of immigrants from Afghanistan in the coming months and years. The State Department will be processing those Afghans desirous to enter the U.S. in a secure, systematic process. While the withdrawal of U.S. troops from Afghanistan has seemed chaotic and alarming, immigration protocols and safeguards will not be abandoned despite the immediacy needed.
The three types of legal entry are Special Immigrant Visas, humanitarian parole, and I-9 refugee status. All three processes include rigorous vetting, but they vary in both process and limitations. As we begin welcoming our Afghan friends into our neighborhoods, we can do so with the assurance that we are welcoming people seeking refuge for themselves and their families who are eager to contribute and become an integral part of our communities.
Special Immigrant Visas
Special Immigrant Visas (SIVs) were created specifically to provide a legal pathway for Iraqi and Afghan interpreters (and their immediate family members) who worked for at least one year with U.S. Armed Forces while the U.S. occupied Iraq and Afghanistan. The definition the U.S. Customs and Immigration Services (USCIS) is following has broadened to include other positions of employment with the U.S. government, such as security, transportation, and cultural advisement.
SIV holders are able to apply for green cards once in the U.S., and, like other green card holders, they will be able to start the process of naturalization after five years. During that time, they are considered lawful permanent residents and are able to work, pay taxes, and enjoy constitutional rights and responsibilities with a few exceptions, such as not being able to vote.
Because these immigrants worked for an American government entity, they have already been subject to background checks, biometric screening, and other interviews. In order to apply for an SIV, they must have a recommendation submitted by an Armed Forces general or flag officer and supply copies of birth certificates and proof of previous background checks. Then they are interviewed and receive medical examinations.
While the process originally operated out of Kabul, Afghanistan, many of these intermediary steps are being performed in safer countries, like Qatar, and then completed here in the U.S. on military bases.
While the process of gathering the necessary documents and subsequent government processing has reportedly taken one to three years, the State Department has been working to improve and accelerate the process without compromising security. Those included in a backlog of approximately 17,000 applicants, as well as those more recently applying, will continue to be processed at secure locations in places like Qatar and U.S. military bases.
Humanitarian parole
Humanitarian parole is a temporary, not permanent, legal status allowing those with urgent humanitarian needs to enter the U.S. In the situation in Afghanistan, that would include those most likely to be targeted by the Taliban, particularly women and girls. Those reasons include having sought or spoken publicly in defense of democracy, a free press, and equality for gender, religion, and ethnicity. The parole is intended to allow enough time to give recipients an opportunity to seek a permanent legal status through applying for asylum or other green card categorizations.
People seeking humanitarian parole are following a similar process as SIV recipients. Once in safe third-party countries, they are working with the U.S. government to receive parole status or continue the process within the U.S. at various military bases, such as Fort Lee. Once the government has determined that the applicant is not a significant risk to security, they are able to enter communities across the country. Because of the backlog, some allies will be applying for humanitarian parole instead of SIVs. This process is expected to be faster, but it does not include the benefits of a green card, including the right to work.
I-9 refugee status
This status is what most think of when they hear the word “refugee.” To receive I-9 refugee status, a person would apply through the United Nations Refugee Council with no guarantee of resettlement in the U.S. The process is the most scrupulous of any immigrating population entering our country and typically takes one to three years to complete. It includes biometric screening, multiple interviews with applicants and their family members, security checks by six different U.S. government agencies, and medical evaluations. I-9 refugees have work authorization and must apply for a green card (lawful permanent residency) after residing in the U.S. for one year.
Upon arrival, I-9 refugees are welcomed into the care of a resettlement agency contracted with the government. Refugee resettlement funding passes through each state to the resettlement agencies. That agency has 90 days to assist in settling the individual or family.
That includes locating housing, furnishing the housing, finding employment, enrolling children in schooling, and connecting with any applicable benefits. Benefits can include temporary rental funds, housewares, English language classes, job training and licensing, and cultural training. Benefits and length of assistance vary among resettlement agencies and the resettlement states. Some of these public benefits include Temporary Assistance for Needy Families, WIC, Supplemental Security Income, Medicaid, and many other state-specific programs intending to allow refugees to become self-sufficient.
That may sound like a great deal, but most refugees arrive with one suitcase or less per person of personal belongings and wealth. They must start their lives completely over with just that and what they receive in benefits. Some local nonprofit organizations are able to fill in the gaps as well.
SIV holders are eligible to receive the same benefits as I-9 refugees. The federal funding that resettlement agencies receive includes funding for people with SIV status but does not include humanitarian parole. It is anticipated that Emergency Refugee and Migration Assistance (ERMA) funding will be divided between the humanitarian parole recipients and refugee resettlement agencies in order to provide temporary benefits and a way to fund attorneys to assist in obtaining green cards and/or work permits. It is also possible the Biden administration will work through shortfalls of parole in other ways, such as providing work authorization simultaneously with the humanitarian parole approval or granting I-9 refugee status in lieu of humanitarian parole.
Conclusion
The tens of thousands of Afghan evacuees are being processed and vetted in a secure and orderly process. They will enter the U.S. (or leave military custody) only when their circumstances and identities have been meticulously reviewed and confirmed. Refugee resettlement agencies are expected to be strained for both financial and human resources. Please see MWEG’s recent call to action for ways you can welcome Afghans into your community.
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