Permanent Immigration Options for Afghans with Immigration Parole

Permanent Immigration Options for Afghans with Immigration Parole

Permanent Immigration Options for Afghans
June 21, 2022
with Immigration Parole
Andorra Bruno
Since late July 2021, tens of thousands of Afghan nationals whose evacuation from
Specialist in Immigration
Afghanistan was facilitated by the U.S. government have been relocated to the United
Policy
States. Some of these Afghan evacuees were U.S. lawful permanent residents (LPRs)

and, as such, can reside permanently in the United States. Others had been issued special
immigrant visas (SIVs) based on their work for the U.S. government during the war in

Afghanistan and became LPRs upon admission to the United States. Still others held valid nonimmigrant
(temporary) visas.
The overwhelming majority (numbering more than 70,000), however, did not have a U.S. immigration status or
visa and were granted immigration parole at their U.S. port of entry by the Department of Homeland Security’s
U.S. Customs and Border Protection. These parole grants were generally for two years. A person granted
immigration parole (parolee) can remain in the United States for the duration of the parole grant and can apply for
work authorization, but does not have a set pathway to LPR status.
The number of Afghan parolees in the United States has raised questions about their ability to remain here. To
assist Congress in considering these issues, this report focuses on one key question: What are the options for
Afghan parolees in the United States to obtain permanent immigration status?
While Afghan parolees do not have a dedicated pathway to lawful permanent residence, they may be able to
adjust their status to LPR status through an existing immigration avenue if they are individually eligible. In the
case of Afghan nationals, avenues to LPR status may include the Afghan special immigrant programs, asylum,
and family-based immigration. Each of these avenues is subject to a different set of requirements. The number of
Afghan parolees in the United States who may be eligible for them is not known.
Regarding the special immigrant programs, the temporary program for Afghans who worked for or on behalf of
the United States in Afghanistan is seen as potentially more relevant than the permanent program for translators
and interpreters because of its broader definition of eligible employment. In its current form, the temporary
program applies to Afghans who provided “faithful and valuable service” for at least one year and have
experienced an ongoing serious threat due to their employment. This program is subject to numerical limits.
Asylum is a form of humanitarian immigration relief that can be granted to a foreign national in the United States
who is determined to be a refugee under U.S. law and satisfies other requirements. Asylum applicants are not
required to have any pre-existing relationships with any persons or entities in the United States. There are no
numerical limits on asylum.
Under the family-based immigration system, U.S. citizens and LPRs can sponsor certain family members to
obtain LPR status. U.S. citizens can sponsor immediate relatives in unlimited numbers. Other relatives of U.S.
citizens, and all relatives of LPRs, who are eligible for sponsorship are subject to a numerically limited system of
tiered preferences.
Beyond these existing mechanisms, Congress could opt to pass legislation to establish a special pathway to LPR
status for Afghan parolees. Over the years, such adjustment of status legislation has been enacted for particular
groups of foreign nationals initially allowed to enter the country on immigration parole.
There is no single template for a parolee adjustment of status act. As such, developing an adjustment act for
Afghans would involve making a series of choices about the provisions to include. These choices could include
how to define the eligible population and what types of security-related provisions to incorporate.

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Contents
Introduction ..................................................................................................................................... 1
Afghan Evacuees in the United States ............................................................................................. 1
Temporary Immigration Relief .................................................................................................. 2
Immigration Parole ............................................................................................................. 2
Temporary Protected Status ................................................................................................ 3
Permanent Immigration Options ..................................................................................................... 4
Afghan Special Immigrant Programs ........................................................................................ 4
Asylum ...................................................................................................................................... 6
Family-Based Immigration ....................................................................................................... 7
Option of New Adjustment of Status Mechanism ........................................................................... 8
Historical Parolee Adjustment of Status Acts ........................................................................... 9
Afghan Adjustment of Status Legislation ............................................................................... 10
Biden Administration Proposals ........................................................................................ 11
Conclusion ..................................................................................................................................... 12

Contacts
Author Information ........................................................................................................................ 12

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Permanent Immigration Options for Afghans with Immigration Parole

Introduction
Since late July 2021, tens of thousands of Afghan nationals whose evacuation from Afghanistan
was facilitated by the U.S. government have been relocated to the United States.1 These
evacuations were prompted by the U.S. military withdrawal from Afghanistan in the spring and
summer of 2021.2 Some of the Afghan evacuees who were relocated to the United States were
U.S. lawful permanent residents (LPRs) and, as such, can reside permanently in the United States.
Others had been issued special immigrant visas (SIVs) based on their work for the U.S.
government during the war in Afghanistan and became LPRs upon admission to the United
States. Still others held valid nonimmigrant (temporary) visas.
The overwhelming majority (numbering more than 70,000), however, did not have a U.S.
immigration status or visa and were granted immigration parole at their U.S. port of entry by the
Department of Homeland Security’s (DHS’s) U.S. Customs and Border Protection (CBP).3 A
person granted immigration parole (parolee) can temporarily remain in the United States but does
not have a set pathway to LPR status.4
The number of Afghan parolees in the United States has raised questions about their ability to
remain here. Advocates have expressed concerns that parolees “could potentially be at risk of
deportation back to the country they evacuated.”5 Reportedly, policymakers are engaged in
discussions about the future immigration status of Afghan parolees.6 To assist Congress in
considering these issues, this report focuses on one key question: What are the options for Afghan
parolees to obtain permanent immigration status? The report begins with an overview of the
immigration circumstances of Afghan nationals in the United States, focusing in particular on
immigration parole. It then turns to available immigration mechanisms for Afghans to potentially
obtain LPR status, such as the Afghan SIV programs and asylum. Finally, it considers proposals
to establish a new statutory mechanism to enable Afghan nationals in the United States to obtain
LPR status.
Afghan Evacuees in the United States
The FY2022 Afghanistan Supplemental Appropriations Act (P.L. 117-43, Division C) required
DHS to provide Congress with an initial report and then quarterly reports containing data on
Afghans “whose evacuation from Afghanistan to the United States, or to a location overseas
controlled by the United States, was facilitated by the United States.”7 The initial December 2021

1 U.S. Department of Homeland Security (DHS), Operation Allies Welcome Afghan Evacuee Report, December 2021,
p. 2, https://www.dhs.gov/sites/default/files/2022-03/DMO-OSEM%20-
%20Department%20of%20Homeland%20Security%20Operation%20Allies%20Welcome%20Afghan%20Evacuee%20
Report.pdf (hereinafter cited as “2021 DHS Afghan Evacuee Report”).
2 For additional information about these evacuations, see CRS Report R46879, U.S. Military Withdrawal and Taliban
Takeover in Afghanistan: Frequently Asked Questions, pp. 56-58.
3 2021 DHS Afghan Evacuee Report, pp. 6-8.
4 For additional information about parole status, see CRS Report R46570, Immigration Parole.
5 Frances Kai-Hwa Wang, Cresencio Rodriguez-Delgado, and Adam Kemp, “Tens of thousands of Afghans have
resettled across the U.S. Now, the challenge is making a home,” PBS NewsHour, February 3, 2022.
6 “For Afghans Resettled in US, An Uncertain Future,” Voice of America, March 21, 2022.
7 2021 DHS Afghan Evacuee Report, p. 2. (The reporting requirement appears in P.L. 117-43, Division C, Section
2503.)
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report covered individuals who had been evacuated from Afghanistan as part of either Operation
Allies Refuge (OAR) in July and August of 2021 or Operation Allies Welcome (OAW), which
began on August 29, 2021.8 According to the report, there were 82,015 such evacuees. This total
included 3,529 LPRs; 3,290 SIV holders; and 21 nonimmigrant (temporary) visa holders.9 The
report also included data on other overlapping subsets of Afghan evacuees, such as persons who
were employees of U.S. government agencies, as specified in the statutory provision.
The report further indicated that “more than 76,000” of the 82,015 evacuees had entered the
United States as of November 18, 2021.10 The report did not specify how many of the evacuated
LPRs and SIV holders referenced above had entered the United States (and were thereby part of
the “more than 76,000”) and how many were in U.S.-controlled locations abroad.11
Temporary Immigration Relief
According to DHS, the overwhelming majority of the more than 76,000 Afghan evacuees in the
United States by mid-November 2021 had been granted immigration parole. In March 2022,
another form of temporary immigration relief became available to Afghan nationals in the United
States (including parolees) when the DHS Secretary announced the designation of Afghanistan
for Temporary Protected Status (TPS).
Immigration Parole
In its initial evacuee report, DHS indicated that 70,192 of the more than 76,000 Afghan evacuees
in the United States had been granted immigration parole by CBP at a U.S. port of entry between
July 30, 2021, and November 15, 2021. It further stated that “initial parole periods were granted
for 2 years.”12 On March 17, 2022, DHS separately provided CRS with data on Afghan parolees
in response to a question about the estimated number of beneficiaries under the designation of
Afghanistan for TPS. According to these data, there were approximately 72,500 Afghan evacuees
who had been paroled into the United States.13
The parole provision in the Immigration and Nationality Act (INA)14 gives the DHS Secretary
discretionary authority to “parole into the United States temporarily under such conditions as he
may prescribe only on a case-by-case basis for urgent humanitarian reasons or significant public
benefit any alien applying for admission to the United States.”15 The DHS Secretary’s parole
authority has been delegated to three agencies within the department: U.S. Citizenship and
Immigration Services (USCIS), U.S. Immigration and Customs Enforcement (ICE), and CBP.

8 Ibid., p. 1 (text and footnote 1).
9 Ibid., pp. 2-4.
10 Ibid., pp. 2-3. The data on evacuees located abroad are as of other specified dates in November 2021.
11 The report suggests, but does not directly say, that the 21 nonimmigrant visa holders were in the United States. For
information on nonimmigrant visas, see CRS Report R45938, Nonimmigrant and Immigrant Visa Categories: Data
Brief.
12 2021 DHS Afghan Evacuee Report, p. 8. According to at least one source, however, some Afghan evacuees were
granted parole for one year. See Rebecca Beitsch,” DHS gives temporary protected status to Afghans in US,” The Hill,
March 16, 2022.
13 Email from DHS to CRS, March 17, 2022.
14 The INA is Act of June 27, 1952, ch. 477, as amended, codified at 8 U.S.C. §1101 et seq.
15 INA §212(d)(5), 8 U.S.C. §1182(d)(5).
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Parole can be requested by foreign nationals inside or outside the United States in a range of
circumstances.
Immigration parole is official permission to enter (if the beneficiary is outside the country) and
remain temporarily in the United States. It does not constitute formal admission under the U.S.
immigration system. A parolee is permitted to remain in the United States for the duration of the
grant of parole. Before the expiration of that grant, a parolee may apply for re-parole.
A parolee also may submit an application for employment authorization, which carries a standard
filing fee of $410. In the case of Afghans, DHS announced in November 2021 that initial
applications for employment authorization, and certain other applications, filed by persons who
were paroled into the United States on or after July 30, 2021, would be exempt from fees and
eligible for streamlined processing. DHS indicated it was taking these actions to facilitate Afghan
resettlement in the United States.16
Not all Afghans in the United States with parole are evacuees. While evacuees account for the
vast majority of Afghan parolees, some Afghans have been separately granted parole by DHS.
These non-evacuees include Afghans who were the subject of parole requests to USCIS from
outside the United States.17 According to USCIS, it adjudicated 2,712 such parole requests from
October 1, 2020, to March 4, 2022, and conditionally approved 8% of them.18
Temporary Protected Status
On March 15, 2022, the DHS Secretary announced the designation of Afghanistan for TPS for a
period of 18 months.19 Established by statute in 1990, TPS is intended to provide safe haven for
foreign nationals in the United States as of the designation date—regardless of their immigration
status—whose home countries are experiencing armed conflict, natural disaster, or other
extraordinary circumstances that prevent their safe return. Individuals granted TPS are eligible for
employment authorization and are not subject to removal from the United States. The DHS
Secretary can extend a TPS designation in increments of up to 18 months if the country continues
to meet the conditions for designation.20 Like parole, TPS does not provide a set pathway to LPR
status.
TPS may be held concurrently with another status, such as parole. DHS has estimated that
approximately 74,500 Afghan nationals in the United States could be eligible for TPS. This total
includes about 72,500 Afghans who were paroled into the United States, as noted above, and

16 DHS, DHS Announces Fee Exemptions, Streamlined Processing for Afghan Nationals as They Resettle in the U.S.,
November 8, 2021, https://www.uscis.gov/newsroom/news-releases/dhs-announces-fee-exemptions-streamlined-
processing-for-afghan-nationals-as-they-resettle-in-the-us (hereinafter cited as “DHS news release, November 8,
2021”).
17 For information about the parole application process for Afghans, see DHS, USCIS, “Information for Afghan
Nationals on Requests to USCIS for Humanitarian Parole,” December 8, 2021. In addition, U.S. executive agencies
may request parole “on behalf of individuals who are known by that agency and when visa or refugee processing is not
feasible.” Email from USCIS to CRS, April 27, 2022.
18 USCIS explained “conditional approvals” as follows: “Conditional approvals are issued because the beneficiary must
complete additional processing at a U.S. embassy or consulate to verify identity, collect biometrics, complete additional
vetting, and, if no derogatory information is found that impacts the parole decision, obtain a travel document.” Email
from USCIS to CRS, April 27, 2022. Most of the 2,712 parole requests were denied (83%), and 9% were
closed/suspended. Email from USCIS to CRS, March 10, 2022.
19 For additional information, see CRS Insight IN11903, Afghanistan Designated for Temporary Protected Status.
20 For additional information, see CRS Report RS20844, Temporary Protected Status and Deferred Enforced
Departure.
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some 2,000 other Afghan nationals in the United States on the designation date (who are not
LPRs).21
Permanent Immigration Options
Parolees are allowed to remain temporarily in the United States. Although immigration parole
does not provide a dedicated pathway to lawful permanent residence, persons with parole may be
able to obtain LPR status through an existing immigration avenue if they are individually eligible.
In the case of Afghan nationals, avenues to LPR status may include the Afghan special immigrant
programs, asylum, and family-based immigration.22
Afghan Special Immigrant Programs
There are two special immigrant programs that explicitly cover Afghan nationals.23 One is a
permanent program that was authorized in 2006 for individuals who worked as translators or
interpreters directly with U.S. Armed Forces, or under Chief of Mission authority24 (it also applies
to Iraqi nationals).25 This program is capped at 50 visas per year for Afghan and Iraqi principal
applicants combined; the spouses and unmarried minor children26 of principal applicants are not
counted against the cap.
The other program, which is significantly larger, is a temporary program for Afghans who were
employed by or on behalf of the U.S. government in Afghanistan or by the International Security
Assistance Force (ISAF).27 Authorized in 2009, this program has been amended multiple times,
most commonly to increase the number of visas available.28 The latest increase, enacted in July
2021 as part of the FY2021 Emergency Security Supplemental Appropriations Act (P.L. 117-31),
provided an additional 8,000 SIVs.29 This addition brought the total allotment of visas available

21 Email from DHS to CRS, March 17, 2022.
22 These three mechanisms have been commonly identified as relevant immigration options for Afghans in the United
States. For example, the USCIS web page “Information for Afghan Nationals” discusses these three forms of
immigration relief. In a report on Afghan evacuees, the Migration Policy Institute (MPI), a nonpartisan organization
that undertakes research and analysis on immigration, describes the SIV and asylum processes as “the most
straightforward pathways available.” Julia Gelatt and Doris Meissner, Straight Path to Legal Permanent Residence for
Afghan Evacuees Would Build on Strong U.S. Precedent, MPI, March 2022. This does not mean, however, that these
are the only options available to Afghans. Other possible LPR avenues include employment-based immigration (see
CRS Report R42866, Permanent Legal Immigration to the United States: Policy Overview) and the diversity visa
program (see CRS Report R45973, The Diversity Immigrant Visa Program).
23 For a more detailed discussion of these programs, see CRS Report R43725, Iraqi and Afghan Special Immigrant Visa
Programs.
24 The Chief of Mission is the principal officer in charge of a U.S. diplomatic mission abroad. An individual who
worked for the U.S. Embassy in Kabul, Afghanistan, directly (not as a contractor) is deemed to have worked under
Chief of Mission authority.
25 National Defense Authorization Act for FY2006 (P.L. 109-163, §1059). The original version of this program only
applied to Iraqi and Afghan nationals who had worked directly with U.S. Armed Forces as translators. It was
subsequently amended. For the current statutory language, see 8 U.S.C. §1101 note.
26 Minor children, as used in this report, refers to persons under age 21.
27 For information on the ISAF in Afghanistan, see North Atlantic Treaty Organization (NATO), ISAF’s mission in
Afghanistan (2001-2014), last updated May 30, 2022, https://www.nato.int/cps/en/natolive/topics_69366.htm.
28 The authorizing statute is the Omnibus Appropriations Act, 2009 (P.L. 111-8, Division F, Title VI). For the current
statutory language, see 8 U.S.C. §1101 note. For a discussion of the evolution of this program, see CRS Report
R43725, Iraqi and Afghan Special Immigrant Visa Programs.
29 P.L. 117-31, Title I, §401(a)(2)(B).
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for issuance to principal applicants after December 19, 2014, to 34,500. These visas are not tied
to a particular fiscal year and remain available until used. As under the permanent program for
Afghan and Iraqi translators and interpreters, spouses and unmarried minor children of principal
applicants are not counted against the numerical limits on this program.
Information about visa issuances and application processing under the temporary program is
available in congressionally required joint U.S. Department of State (DOS)/DHS quarterly
reports. According to the January 2022 report, 16,515 SIVs remained available for issuance to
principal applicants as of December 31, 2021.30 The current application deadline for this program
is December 31, 2023.
Afghans can apply for special immigrant status under these programs from within the United
States or abroad.31 The same statutory requirements and most of the same application processing
steps apply regardless of the applicant’s location. One notable difference is that U.S.-based
applicants do not apply to DOS for visas. Instead, they apply to USCIS to change their status to
LPR status (this process is known as adjustment of status). For purposes of the numerical limits
on the SIV programs, an adjustment of status is treated like a visa issuance.
According to the initial DHS Afghan evacuee report, many Afghans who were granted parole
were potentially eligible for special immigrant status. The report characterized 36,821 Afghan
evacuees as SIV applicants. It defined members of this group as “those who had applied for, but
not yet received a Special Immigrant Visa (SIV) at the time of evacuation; and those who were
eligible to do so, but had not yet begun the SIV application process.”32 This prospective special
immigrant total also included the accompanying spouses and unmarried minor children of the
actual and potential principal applicants. The report did not provide separate figures for actual
applicants, potential applicants, or family members.33
The temporary Afghan program is seen as the potentially more relevant one for these prospective
special immigrants because of its broader definition of eligible employment. In its current form, it
applies to Afghans who were employed in Afghanistan on or after October 7, 2001, for not less
than one year; provided “faithful and valuable service” to the employing entity that is
“documented in a positive recommendation or evaluation”; have experienced an “ongoing serious
threat as a consequence” of their employment; and satisfy other requirements.34
The potential uptick in applications to the temporary Afghan SIV program by evacuees has
focused renewed attention on this program’s longstanding application processing challenges.35
According to the January 2022 DOS/DHS quarterly report, average U.S. government processing

30 U.S. Department of State (DOS) and DHS, Report to Congress on Joint Department of State/Department of
Homeland Security Report: Status of the Afghan Special Immigrant Visa Program, January 2022, p. 1,
https://travel.state.gov/content/dam/visas/SIVs/Afghan-Public-Quarterly-Report-Q1-January-2022.pdf (hereinafter
cited as “Quarterly Report on the Afghan SIV Program, January 2022”).
31 There has been no immigration processing in Afghanistan since August 2021, when the U.S. Embassy in Kabul
suspended operations. DOS, “Update on Visa Processing at U.S. Embassy Kabul,” September 1, 2021.
https://travel.state.gov/content/travel/en/News/visas-news/update-on-visa-processing-at-us-embassy-kabul.html.
32 2021 DHS Afghan Evacuee Report, p. 4. These data are as of December 16, 2021.
33 According to a Washington Post article, “more than 30,000 of these people, and their families, are associated with
the CIA, according to U.S. government officials who spoke on the condition of anonymity because of the sensitivity of
the matter.... Senior administration officials declined to discuss on the record the fact that many evacuees had CIA
connections.” Glenn Kessler, “Numbers behind last year’s chaotic Afghanistan evacuation come into focus,”
Washington Post, May 29, 2022, p. A4.
34 P.L. 111-8, Division F, Title VI, §602(b)(2)(A), as amended; 8 U.S.C. §1101 note.
35 For additional discussion, see CRS Report R43725, Iraqi and Afghan Special Immigrant Visa Programs.
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time during the first quarter of FY2022 totaled 734 calendar days.36 The report also discussed
efficiency improvements, including increased staffing levels, technological changes, and policy
requirement updates. As part of its November 2021 announcement about actions to facilitate the
resettlement of Afghan parolees in the United States, DHS indicated that applications filed by
parolees to adjust status as Afghan special immigrants would be exempt from fees and eligible for
streamlined processing.37
Asylum
Asylum is a form of humanitarian immigration relief that can be granted to a foreign national in
the United States who is determined under U.S. law to be a refugee, as this term is defined in the
INA, and satisfies other requirements.38 The INA defines a refugee, in general, as a person who is
outside his or her country of nationality and is unable or unwilling to return to, or to avail himself
or herself of the protection of, that country because of persecution or a well-founded fear of
persecution based on one of five protected grounds: race, religion, nationality, membership in a
particular social group, or political opinion.39 Asylum applicants are not required to have any pre-
existing relationships with any persons or entities in the United States. There are no numerical
limits on asylum.
The INA places certain restrictions on asylum applications and asylum grants. Among the former,
an asylum application must be filed within one year of the individual’s arrival in the United
States, unless the applicant qualifies for an exception. Statutory prohibitions on granting asylum
include bars related to criminal activity and security concerns.
Asylum can be granted by USCIS or the Department of Justice’s (DOJ's) Executive Office for
Immigration Review (EOIR), depending on the type of application filed. An Afghan parolee in
the United States typically would file an affirmative asylum application with USCIS.40 The initial
DHS evacuee report indicated that 4,050 Afghan evacuees had been referred to the U.S. refugee
program.41 This number included both principal applicants and accompanying spouses and
unmarried minor children. Individuals must be outside the United States to apply and be
considered for refugee admission to the United States. The Afghans in the United States who
previously had been referred to the refugee program could, however, opt to apply for asylum.
Persons whose asylum applications are approved are granted asylee status, along with their
spouses and unmarried minor children. After one year, asylees can apply to adjust to LPR status.
Advocates and other observers have pointed out potential difficulties facing Afghans in the
United States who seek asylum. Among them, the affirmative asylum system has a significant
application backlog. According to USCIS data, as of December 31, 2021 (the end of the first

36 Quarterly Report on the Afghan SIV Program, January 2022, p. 5. There has been considerable variability in average
U.S. government processing time from quarter to quarter. For further discussion of this statistic, see CRS Report
R43725, Iraqi and Afghan Special Immigrant Visa Programs.
37 DHS news release, November 8, 2021.
38 The main asylum provisions are in INA §208, 8 U.S.C. §1158. For additional discussion of asylum, see CRS Report
R45539, Immigration: U.S. Asylum Policy. Separate provisions in the INA (in §207, 8 U.S.C. §1157) authorize the
granting of refugee status to persons who are outside the United States, and meet the definition of a refugee and other
specified requirements.
39 INA §101(a)(42)(A), 8 U.S.C. §1101(a)(42)(A).
40 By contrast, persons in the United States who are in removal proceedings would file defensive asylum applications
with EOIR.
41 2021 DHS Afghan Evacuee Report, pp. 5-6. These data are as of December 13, 2021.
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quarter of FY2022), there were 432,341 pending affirmative asylum applications. To place this
pending total into context, USCIS adjudicated 9,727 applications during the first quarter
(October-December 2021).42 Other challenges mentioned by advocates include that Afghans may
lack needed documents to make a successful asylum claim because they destroyed them “to elude
Taliban detection” or left them behind “in the frenzy of their hurried escapes.”43
Presumably to address these types of challenges, P.L. 117-43 directs DHS to expedite the
processing of asylum applications filed by Afghans paroled into the United States between July
31, 2021, and September 30, 2022.44 It requires DHS to conduct an initial interview on the
application within 45 days of the filing date and “in the absence of exceptional circumstances” to
“issue a final administrative adjudication” within 150 days of that date.
As part of the aforementioned reporting requirement in P.L. 117-43, DHS was directed to provide
data to Congress on “the number of Afghan evacuees who have been interviewed by U.S.
Citizenship and Immigration Services in connection with an application or petition for
immigration benefits” as well as “the rate at which individuals were granted or refused the
benefits that formed the basis for such interviews.” According to the initial DHS Afghan evacuee
report, as of November 15, 2021, no evacuees “had completed processing for an immigration
benefit that normally requires an interview” and USCIS had not conducted any such interviews.45
In May 2022, USCIS provided CRS with updated data on affirmative asylum applications filed
by Afghans who had been paroled into the United States since July 2021. The data indicated that,
as of May 20, 2022, 798 such asylum applications had been filed. Of these filed cases, 720 had
completed interviews or had interviews scheduled. The remaining 78 applications had received
final decisions, 75 of which were approvals.46
Family-Based Immigration
The INA authorizes U.S. citizens and LPRs to sponsor certain family members for LPR status.
U.S. citizens can sponsor immediate relatives in unlimited numbers. This term is defined in the
INA to encompass U.S. citizens’ spouses, unmarried minor children, and, if the citizens are adults
(age 21 or older), parents. Other relatives of citizens and all relatives of LPRs eligible for
sponsorship are subject to a numerically limited system of tiered preferences. In addition to
immediate relatives, U.S. citizens may sponsor their unmarried and married adult children and, if
the citizens are adults, their siblings. LPRs may sponsor their spouses, unmarried minor children,
and unmarried adult children.47

42 USCIS, “Number of Service-wide Forms, By Quarter, Form Status, and Processing Time, October 1, 2021 -
December 31, 2021,” data table (see data for Form I-589, Application for Asylum and for Withholding of Removal),
https://www.uscis.gov/sites/default/files/document/reports/Quarterly_All_Forms_FY2022_Q1.pdf. For additional
discussion of the affirmative asylum application backlog and USCIS efforts to address it, see USCIS, Backlog
Reduction of Pending Affirmative Asylum Cases, October 2021, https://www.dhs.gov/sites/default/files/2021-12/
USCIS%20-%20Backlog%20Reduction%20of%20Pending%20Affirmative%20Asylum%20Cases.pdf.
43 Krish O'Mara Vignarajah, “Afghan evacuees are stuck in legal limbo. Here’s how to help them,” Washington Post,
opinion column, March 24, 2022.
44 P.L. 117-43, §2502(c). This provision also applies to certain family members of these parolees who are granted
parole after September 30, 2022. Also see DHS news release, November 8, 2021.
45 2021 DHS Afghan Evacuee Report, p. 8.
46 Emails from DHS to CRS, May 31, 2022.
47 For additional information about this system, see CRS Report R43145, U.S. Family-Based Immigration Policy.
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Because of statutory numerical limitations on family preference visas, a person being sponsored
by a relative under the family-based immigration system must wait for a visa number to become
available before he or she can take the final steps to become an LPR. Once a visa number
becomes available, a prospective immigrant who is abroad can apply to DOS for a visa. A
prospective immigrant in the United States can apply to USCIS to adjust to LPR status.48
It is not known how many Afghan parolees in the United States may be able to adjust status
through the family-based immigration system. The U.S. Census Bureau’s 2019 American
Community Survey (ACS) includes data on Afghan-born residents in the United States (who,
among all U.S.-born or foreign-born groups, may be the most likely to have qualifying family
relationships with Afghan parolees). According to the 2019 ACS 1-year estimates, there were
approximately 132,000 Afghan-born individuals living in the United States that year. Of these,
about 55,000 were naturalized citizens.49 The other 77,000 may include LPRs, nonimmigrants,
and persons without authorization to be in the United States, among others. To the extent that
Afghan-born U.S. citizens or LPRs have the requisite family relationships with Afghan parolees,
they could sponsor them for permanent residence.
Option of New Adjustment of Status Mechanism
A number of individuals and organizations, including veterans’ groups, refugee resettlement
agencies, and faith-based organizations, have called on Congress to create a new statutory process
for Afghan parolees to obtain LPR status as an alternative to existing adjustment of status
mechanisms.50 They have offered various reasons for supporting such legislation, including the
U.S. obligation to honor the commitments U.S. troops made to Afghan allies, the benefits to both
Afghans and the United States of enabling Afghans to integrate into U.S. society quickly, and the
mental stress experienced by evacuees in “legal limbo.”51 They have made other arguments more
directly related to the immigration system. For example, they have referenced the “complexity
and inefficiency” of the asylum and SIV programs and the latter’s “seemingly erroneous
denials.”52 Supporters have also noted that some Afghan parolees may not qualify for LPR status
under existing mechanisms.53
The nature and extent of any opposition to creating a new LPR mechanism for Afghans remains
unclear. Critics generally have focused on the way in which the Afghan evacuation and relocation
were conducted and, for the most part, have not directly addressed the adjustment of status
question. For example, many have highlighted the “chaotic” nature of the evacuation and have

48 Certain persons in the United States, such as those who entered without inspection, are not eligible to adjust status;
they must apply for visas abroad.
49 U.S. Census Bureau, ACS, 2019 ACS 1-Year Estimates, Selected Population Profile in the United States
(Afghanistan). Data from the 2019 ACS are cited here because of data collection issues with the 2020 ACS (the most
recent year for which ACS data have been released).
50 See, for example, Austin Landis, “Veterans, advocates ramp up calls to secure permanent status for Afghan
evacuees,” Spectrum News NY1, February 14, 2022; and Jeff Brumley, “Veterans join religious and human rights
groups to call for permanent status for Afghan refugees,” Baptist News, February 28, 2022.
51 See ibid. Also see “Six Months After the Fall of Kabul, Veterans and Allies Call on Congress to Protect Afghan
Refugees,” Human Rights First, February 14, 2022; and Stewart Verdery, “Congress Should Pass an Afghan
Adjustment Act,” Roll Call, opinion column, October 19, 2021.
52 Krish O'Mara Vignarajah, “Afghan evacuees are stuck in legal limbo. Here’s how to help them,” Washington Post,
opinion column, March 24, 2022.
53 See, for example, “Six Months After the Fall of Kabul, Veterans and Allies Call on Congress to Protect Afghan
Refugees,” Human Rights First, February 14, 2022.
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questioned the soundness of the security vetting procedures conducted prior to allowing Afghan
evacuees to enter the United States.54 Other critics have variously cited security risks associated
with large-scale Afghan resettlement in the United States and highlighted “assimilation
challenges.”55 These criticisms may suggest opposition to creating a new LPR mechanism. A
news article made reference to some lawmakers’ “balk[ing] at the idea of fast-tracking permanent
residency for the Afghans brought to the United States,” citing their concerns about flawed
vetting procedures.56
Historical Parolee Adjustment of Status Acts57
Over the years, legislation has been enacted that established special pathways to LPR status for
particular groups of foreign nationals initially allowed to enter the country on immigration parole.
In an early example, P.L. 85-559 provided for the adjustment of status of Hungarian parolees.
Enacted in 1958, it described its beneficiaries as persons who had been paroled into the United
States as refugees from the Hungarian Revolution after October 23, 1956. About 31,000
Hungarian parolees have adjusted to LPR status under this act.
Much larger numbers of parolees from Indochina (Vietnam, Laos, and Cambodia) have adjusted
status under a 1977 act (P.L. 95-145), as amended. Evacuations from Indochina began in April
1975 at the end of the Vietnam War; that spring alone, about 130,000 people were evacuated,
most of whom were paroled into the United States. P.L. 95-145 made adjustment of status
available to citizens of Vietnam, Laos, or Cambodia who had been paroled into the United States
as refugees between April 1, 1975, and December 31, 1978, as well as persons who had been
admitted or paroled into the United States by March 31, 1975. About 175,000 persons have
obtained LPR status under this act.
P.L. 85-559 and P.L. 95-145 referred to their beneficiaries as refugees, as noted. Both enactments
preceded the passage of the Refugee Act of 1980, which added the definition of refugee to the
INA and established the current U.S. refugee admissions process. In the pre-Refugee Act years,
parole was used by U.S. administrations to authorize the entry of persons they considered to be
refugees.
Legislation enacted since 1980 to allow parolees to adjust status has not been aimed explicitly at
refugees. For example, provisions enacted in 1989 (P.L. 101-167, §599E) and 1996 (P.L. 104-208,
Division C, §646) provided for the adjustment of status of persons who had been paroled into the
United States after being denied refugee status and were nationals of the former Soviet Union or
Vietnam in the former case and were Polish or Hungarian nationals in the latter. Under the P.L.

54 See, for example, Jessica Donati and Siobhan Hughes, “Republican Lawmakers Question Vetting Standards for
Afghans Brought to U.S.,” Wall Street Journal, October 27, 2021 As noted in the article, the Biden Administration has
defended its security vetting process. Additional discussion of vetting issues is available in various sources, including
James R. Webb, “Afghan evacuees to U.S. weren’t fully vetted and dozens reportedly went missing,” Military Times,
February 18, 2022; and “Pentagon Reports Security Concerns Over Afghan Refugees,” National Law Review, vol. XII,
no. 81 (March 22, 2022).
55 See Mark Krikorian, “Whom Should We Take from Afghanistan?”, National Review Online, August 20, 2021; and
Jason Richwine, “Afghans in America: A Potentially Severe Culture Clash,” Center for Immigration Studies, August
27, 2021.
56 Abigail Hauslohner, “Thousands of Afghans were evacuated to the U.S. Will America let them stay?” Washington
Post, March 29, 2022.
57 All beneficiary estimates in this section of the report are as of September 30, 2020, and are based on data reported in
DOJ, Immigration and Naturalization Service, Statistical Yearbook of the Immigration and Naturalization Service
(1991-2001); and DHS, Office of Immigration Statistics, Yearbook of Immigration Statistics (2002-2020).
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101-167 provision, which has been regularly extended since its initial enactment, about 92,000
persons have obtained LPR status. Under the provision in P.L. 104-208, the figure is less than
200.
Another adjustment of status act—the Haitian Refugee Immigration Fairness Act of 1998 (P.L.
105-277, Division A, §101(h), Title IX)—provided a pathway to LPR status for certain Haitian
nationals. Its prospective beneficiaries included persons who had been paroled into the United
States following a 1991 coup d’etat, as well as asylum applicants who may never have been
granted parole. About 31,000 Haitian nationals have adjusted status under this act. In a more
recent 2010 enactment involving Haitians, P.L. 111-293 provided for the adjustment of status of
certain Haitian orphans paroled into the United States under a 2010 DHS humanitarian parole
policy. Under this act, which imposed a cap of 1,400 on the total number of adjustments of
status,58 about 800 Haitian nationals have obtained LPR status.
While all of the foregoing laws provided for the adjustment of status of parolees, their particular
eligibility requirements and other provisions were tailored to their target beneficiary populations
as well as to the immigration system in place at the time and other prevailing considerations. As
noted, the references to refugees in the pre-1980 laws reflected the absence of explicit INA
refugee provisions at the time. P.L. 105-277 contained provisions that reflected concerns about
issues such as immigration enforcement and eligibility for public benefits that persist today. For
example, it included language that placed restrictions on beneficiary eligibility for certain public
benefits.
Afghan Adjustment of Status Legislation
Although there has been discussion about Afghan adjustment of status legislation, no such bills
have been introduced in the 117th Congress as of the cover date of this report. The Biden
Administration has proposed Afghan adjustment provisions for inclusion in certain appropriations
bills (see the “Biden Administration Proposals” section below), but no provisions along these
lines have been part of the relevant bills, as considered in the House or the Senate.
As indicated, there is no single template for a parolee adjustment of status bill. Developing an
Afghan adjustment act would thus involve making a series of choices about the provisions to
include. One basic choice in any adjustment of status bill concerns the definition of the eligible
population. In the Afghan case, for example, the eligible population could be limited to parolees
whose evacuation and relocation to the United State were facilitated by the U.S. government. Or
it could include parolees who were granted parole during a particular period regardless of whether
they were evacuees. It could also be broadened further to include Afghans in the United States on
a particular date regardless of whether they were ever granted parole.
Another key choice in an Afghan adjustment bill may concern criminal- or security-related
requirements. The INA sets forth grounds of inadmissibility upon which foreign nationals can be
denied visas or admission to the United States.59 The historical adjustment of status acts discussed
above reference the INA inadmissibility grounds in effect at the time, making some inapplicable
to their applicants. In their current form, the INA grounds of inadmissibility include health
grounds, criminal grounds, security grounds (which include terrorism grounds), the likelihood of
becoming a public charge, lack of entry documentation, and grounds related to unlawful presence
in the United States, among others. Especially since the 9/11 terrorist attacks, issues related to

58 None of the other acts described in this section contained numerical limitations.
59 INA §212(a), 8 U.S.C. §1182(a).
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national security and criminality have become a more prominent part of immigration policy
discussions. Immigration bills enacted since the attacks that provide immigration relief commonly
include criminal- or security-related restrictions in addition to requiring clearance of the
corresponding inadmissibility grounds.60
In the case of an Afghan adjustment of status bill, there may be an even greater focus on security
issues in light of concerns that have been expressed about vetting procedures. These concerns are
reflected in at least one bill that has been introduced in the 117th Congress. The Afghanistan
Vetting and Accountability Act of 2022 (S. 3759) would require DHS to “verify the personal and
biometric information” and “conduct in-person vetting” of each individual evacuated from
Afghanistan and relocated to the United States between January 2021 and January 2022. This bill,
which would not establish an adjustment of status mechanism, would make Afghans who did not
comply with its verification and vetting processes ineligible to receive federal public benefits.
Supporters of Afghan adjustment of status legislation likewise have cited national security-related
concerns as reasons for establishing an LPR pathway. They have argued, for example, that if
Afghans who worked with the United States are not granted permanent status, local populations
in future conflicts will not be willing to lend assistance.61
Biden Administration Proposals
As noted, the Biden Administration has sought inclusion of Afghan adjustment of status language
in appropriations measures, but this language has not been part of the relevant bills, as considered
in the House or the Senate. In September 2021, the White House recommended that Congress
include in the first FY2022 continuing resolution, provisions granting DHS discretionary
authority to adjust the status of an Afghan national who (1) was paroled into the United States
between July 31, 2021, and September 30, 2022, and whose parole had not been terminated, and
(2) “successfully completed background checks and screening in accordance with ... Operation
Allies Welcome (or any predecessor or successor operation) or equivalent background checks and
screening.” To be eligible for adjustment of status under this proposal, an applicant would have
had to be present in the United States for at least one year and “[clear] any additional background
checks and screening, as specified by [DHS].” In addition, the individual would have had to clear
the INA grounds of inadmissibility, except for those related to the likelihood of becoming a public
charge, lack of entry documentation, and lack of labor certification (for intending workers). DHS
also could have waived any other inadmissibility ground for humanitarian or public interest
reasons. These grants of LPR status would not have been subject to numerical limits.62
In April 2022, the White House proposed Afghan adjustment of status provisions as part of its
request for FY2022 emergency supplemental funding for Ukraine. This proposal was generally
similar to the one described above. One notable difference, however, was that it did not contain
language authorizing DHS to waive any inadmissibility ground.63

60 For example, the 2019 Liberian Refugee Immigrant Fairness (P.L. 116-92, §7611), which provided for the
adjustment of status of certain Liberian nationals, required that prospective beneficiaries had not been “convicted of an
aggravated felony or two or more crimes of moral turpitude.”
61 See Ellen M. Gilmer, Jack Fitzpatrick, Zach C. Cohen, and Emily Wilkins, “Ukraine Aid Bogged Down by Afghan
Immigration Skirmish,” Bloomberg Government, May 11, 2022.

62 This proposal is available at https://www.whitehouse.gov/wp-content/uploads/2021/09/CR_Package_9-7-21.pdf; see
pp. 25-26.
63 This proposal is available at https://www.whitehouse.gov/wp-content/uploads/2022/04/
FY_2022_Emergency_Supplemental_Assistance-to-Ukraine_4.28.2022.pdf; see pp. 34-35.
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Conclusion
August 2022 will mark one year since most Afghan parolees in the United States entered the
country. For those granted parole for two years who have not obtained another status, it will also
mean that one year remains in their U.S. authorized period of stay.
As discussed, P.L. 117-43 required DHS to report to Congress on Afghan evacuees who fell into
specified immigration categories. The department was also directed to provide data related to
Afghan applications for other immigration statuses. In response to this latter directive, DHS
indicated in its initial Afghan evacuee report that no evacuees had completed processing for an
immigration benefit requiring an interview and no interviews in connection with any such
applications had been conducted as of November 15, 2021. USCIS data that were subsequently
shared with CRS indicate that asylum applications filed by Afghan parolees have started to
receive decisions (see the “Asylum” section). As additional data on applications for asylum and
other forms of relief are reported in DHS quarterly evacuee reports, which P.L. 117-43 requires
through September 30, 2023, it may be possible to assess the ability of Afghan parolees to obtain
LPR status through existing mechanisms. These data may also have relevance for efforts to enact
an Afghan adjustment act.
Finally, while this report is focused on Afghans, the ability of Afghan parolees to obtain LPR
status (or not) may have implications for immigration policy toward other groups. For example,
the Afghan experience has been raised in connection with Ukrainians who have fled their country
in response to the Russian invasion. Concerns that many Afghan parolees may not be able to
obtain LPR status have been cited by some advocates in arguing for offering more durable U.S.
immigration options to Ukrainians.64

Author Information

Andorra Bruno

Specialist in Immigration Policy

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in
its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or
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copy or otherwise use copyrighted material.

64 See, for example, Mark Hetfield, “The right way to bring Ukrainian refugees to the U.S.,” Washington Post, opinion
letter, March 20, 2022.
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