There are several ways to achieve long-term legal status in the United States. Some of these options can be done together, for instance pursuing both asylum and SIV status.
NOTE: Applying for asylum is a complicated process and should be done with the support of a lawyer
Asylum is a form of protection that allows you to stay in the U.S. once here if you have been persecuted or fear persecution in Afghanistan because of your race, religion, nationality, membership in a particular social group, or political opinion. It is recommended that you apply for asylum within one year of arriving in the U.S. and certainly before the end of humanitarian parole. With the help of a lawyer, you will need to fill out and submit form I-589, Application for Asylum and for Withholding of Removal.
Asylum will allow you to:
- Stay in the U.S. legally with protection from detention and deportation;
- Ask for asylum for your spouse and unmarried children under age 21;
- Work in the U.S. without applying for a work permit;
- Apply for travel documents, Green Card (after one year) and citizenship (five years after green card); and
- Be eligible for resettlement services for a period of time.
USCIS is expediting asylum applications filed by many Afghan applicants. The U.S. government has indicated they will grant an initial interview for an asylum application within 45 days of filing and, if there are no exceptional circumstances, will determine a status within 150 days of filing; however, this has been slowing dramatically in recent months given the increasing number of cases. Your legal representative can provide an updated timeline.
For more information on asylum, please see the following resources:
Asylum 101 video by American Bar (in Dari, Pashto, and English)
Asylum 101 Presentation by Northwest Immigrant Rights Project (English)
Asylum 101 Presentation by Northwest Immigrant Rights Project (Dari)
Guidance on preparing your asylum statement in Dari, Pashto and English
In August 2022, a bill known as the Afghan Adjustment Act was introduced in the U.S. Senate and U.S. House of Representatives. If this bill passes, it will help Afghan evacuees by:
- Providing support for Afghan nationals who supported the United States mission in Afghanistan;
- Adjusting the status for certain Afghan nationals;
- Providing special immigrant status for at-risk Afghan allies and relatives of certain members of the Armed Forces.
This legislation would also allow Afghans in the U.S. to apply for lawful permanent resident status by completing an adjustment of status form, instead of having to apply for asylum or some other form of permanent status. By filing the adjustment of status form, the Afghan evacuee would obtain the same legal status they would have received had they been admitted as refugees.
If you meet all eligible criteria, applying for an SIV can be a route to permanent status in the United States. More information about applying for a Special Immigrant Visa can be found on the State Department Web site and USAHello.org. This is a lengthy process that requires the support of a prior U.S. employer.
The U.S. announced Temporary Protected Status (TPS) for Afghans who are in the U.S. as of March 15, 2022. If you are already in the U.S., this status protects you from having to go back to Afghanistan, currently until November 20, 2023. This also gives you work authorization and the ability to travel. Learn more Temporary Protected Status for those from Afghanistan here, including on how to apply for TPS.
وضعیت محافظتی موقت TPS افغانستان TPS Dari
لنډمهاله خوندي اقامه TPS افغانستان TPS Pashto