LEGAL RESOURCES FOR AFGHANS
This page will be updated with community resources, instructional videos, documents translated to Dari and Pashto, and other updates for Afghan clients. For complete information from U.S. Citizenship and Immigration Services (USCIS), visit Information for Afghan Nationals.
Last updated 04/04/2024.
ON THIS PAGE
IMPORTANT ANNOUNCEMENTS
Scroll through the titles below to view recent announcements. Click any headline to read more.
“The American Immigration Lawyers Association (AILA) is pleased to share the following list of immigration attorneys who have expressed interest in providing immigration assistance to Afghans resettling in the US at a reduced fee. Each attorney’s name, location, contact information, experience, language skills, and availability for remote representation are listed below. The legal services to be provided and the fees will be determined between the client and the attorney. Please note that contacting an attorney on this list does not guarantee that they will be your attorney. When contacting an attorney on this list, please note that you are contacting them through the AILA Low Bono Referral List for Afghans.”
IILA’s Afghan Legal Representation Project (ALRP) cordially invites YOU to participate in the Afghan Women and Girls Mentorship Program. The Mentorship Program is a new and exciting opportunity for Afghan women and girls to build community in Southern California while advancing their leadership, employment, finance, technology, and independent living skills by liaising with one another and our ALRP team. The program is 100% free and will kick-off THIS summer. But before we get started, we’d love to know what you’d like to see, hear and do in the Mentorship Program.
If interested in participating in the Afghan Women and Girls Mentorship Program, use the following link to complete the Interest Survey: https://www.surveymonkey.com/r/3JMHSCT. It should take less than 2 minutes to complete.
The “Beacon of Hope” scholarship program “provides educational opportunities for foreign-born survivors of human trafficking, unaccompanied children, refugees, and asylum seekers for whom there is a pathway to U.S. residency or citizenship. One hundred undergraduate and CTE scholarships valued at up to $10,000 each are available, providing a pathway to the American Dream.”
GENERAL ELIGIBILITY CRITERIA
- Be born outside of the United States.
- Be lawfully present in the United States.
- Be a client of the United States Committee for Refugees and Immigrants, or its partner agencies.
- Attend a not-for-profit post-secondary institution in the United States.
UNDERGRADUATE ELIGIBILITY CRITERIA
- Be enrolled full-time as a high school senior in the United States, or have completed high school (or earned a high school equivalency credential) by July 1st.
- Maintain a minimum grade point average (GPA) of 2.0.
- Plan to be enrolled in a bachelor’s degree program by Fall 2024.
CAREER & TECHNICAL EDUCATION ELIGIBILITY CRITERIA
- Complete high school (or earn a high school equivalency credential) by July 1st.
- Plan to be enrolled in an associate’s degree, certificate, or diploma program by Fall 2024 that will lead to employment (no transfer programs or bachelor’s programs are eligible).
For more information and to apply, visit Beacon of Hope Scholarships | Horatio Alger.
The U.S. Citizenship and Immigration Services (USCIS) will be hosting an Afghan Support Center in Anaheim, CA from April 16-20. A range of critical services will be offered, including in-person inquiries of USCIS staff and government partner agencies at no cost.
Click below for more information about location, dates, times, services, and resources.
Afghans in Pakistan can now reach an official Department of State emergency hotline if threatened with detention and removal:
The hours are Mon-Sat, 8AM through midnight ISL time.
WhatsApp (text only): +1(956) 291-4571
Phone: +1 757-916-4100
An Afghan in Pakistan under CARE support who is detained by Pakistan is advised to contact this specific email: IslamabadTaskforceASIV@state.gov
The DoS is working to prevent the removals of these individuals to Afghanistan.
Finally, the DS-4317 now has a public inquiry form: https://www.state.gov/afghanistan-family-reunification/
For Pashto پښتو and Dari درى translations, please click here.
The IILA Afghan Family Reunification Toolkit below now contains information about Afghan passport applications. Please note: “This document describes information collected by #AfghanEvacCoalition members; this is not a US government product and is not, and should not be considered, official information or legal advice. It reflects observations on the ground based on a variety of sources.”
Since December 2, 2023, a TikTok video has been circulating amongst our Afghan community detailing the manner by which Afghans currently in the United States may bring their family members abroad to the United States. The video is NOT an official video nor endorsed by the U.S. government. Further, it does not provide any new information on the pathways by which our Afghan clients may be able to bring their family members to the U.S.
While there are several pathways for Family Reunification, each requires that the Afghan petitioner living in the U.S. be of a certain age and/or legal status and is further only available to certain family members living outside the U.S.
Here are the 3 pathways for Family Reunification:
- DS-4317 (Afghan Family Reunification): Parolees may apply for spouses and children. Unaccompanied minors are also eligible to apply for parents and siblings.
- i-730 (Asylee Relative Petition): Asylees may apply for spouses and children.
- i-130 (Family Petition): US citizens may apply for spouses, children of any age (regardless of marital status), parents and siblings. Lawful Permanent Residents (green card holders) may apply for spouses and unmarried children of any age.
For more information, please visit the U.S. Department of State’s page on Family Reunification for Afghans at https://www.state.gov/afghanistan-family-reunification/. If you believe your family member may be eligible for any of these pathways and that IILA has not already started the application process, please also reach out to your assigned IILA attorney to discuss your specific case in greater detail.
از تاریخ ۲ دسمبر ۲۰۲۳، یک ویدیوی در TikTok در میان جامعه افغان ها در حال پخش است که در آن جزئیاتی از روشی که افغان هایی که در حال حاضر در ایالات متحده هستند می توانند اعضای خانواده خود را به خارج از کشور به ایالات متحده بیاورند، ارائه می دهد. این ویدیو یک ویدیو رسمی نیست و توسط دولت ایالات متحده تأیید نشده است. علاوه بر این، هیچ اطلاعات جدیدی در مورد مسیرهایی که مشتریان افغان ما می توانند اعضای خانواده خود را به ایالات متحده بیاورند، ارائه نمی کند.
در حالی که چندین راه برای اتحاد مجدد خانواده وجود دارد، هر یک واجد شرایط به آن است که متقاضی افغان که در ایالات متحده زندگی می کند دارای سن و/یا وضعیت قانونی معین باشد و فقط برای اعضای خاصی از خانواده ساکن خارج از ایالات متحده در دسترس باشد.
در اینجا ۳ راه برای اتحاد مجدد خانواده آورده شده است:
- DS-4317 (اتحاد مجدد خانواده افغان): آزادی مشروط ممکن است برای همسر و فرزندان درخواست کند. خردسالان بدون همراه نیز واجد شرایط درخواست برای والدین و خواهر و برادر هستند.
- i-730 (دادخواست خویشاوندان پناهجو): پناهجویان می توانند برای همسر و فرزندان درخواست دهند.
- i-130 (دادخواست خانواده): شهروندان ایالات متحده می توانند برای همسر، فرزندان در هر سنی (بدون توجه به وضعیت تأهل)، والدین و خواهر و برادر درخواست دهند. ساکنان دائمی قانونی (دارندگان گرین کارت) می توانند برای همسران و فرزندان مجرد در هر سنی درخواست دهند.
برای کسب معلومات بیشتر، لطفاً به صفحه وزارت امور خارجه ایالات متحده در مورد اتحاد مجدد خانواده برای افغان ها در https://www.state.gov/afghanistan-family-reunification/ مراجعه کنید. اگر فکر می کنید که عضو خانواده شما ممکن است واجد شرایط هر یک از این مسیرها باشد و IILA قبلاً روند درخواست را شروع نکرده است، لطفاً با وکیل تعیین شده IILA خود تماس بگیرید تا در مورد کیس خاص خود با جزئیات بیشتر صحبت کنید.
Pashto
د ۲۰۲۳ کال د دسمبر تر ۲ نیټې پورې، د ټیک ټیک ویډیو د افغان ټولنې په منځ کې خپره شوې چې په ډاګه کوي چې څنګه اوس مهال په متحده ایالاتو کې افغانان کولی شي د کورنۍ غړي بهر متحده ایالاتو ته راوړي، وړاندیز کوي. دا ویډیو رسمي ویډیو نه ده او د متحده ایالاتو حکومت لخوا تایید شوې نه ده. برسیره پردې، دا د هغو لارو په اړه کوم نوي معلومات نه ورکوي چې زموږ افغان مشتریان کولی شي د خپلې کورنۍ غړي متحده ایالاتو ته راوړي.
پداسې حال کې چې د کورنۍ د بیا یوځای کیدو لپاره ډیری لارې شتون لري، هر یو د هغه افغان غوښتونکي لپاره چې په متحده ایالاتو کې ژوند کوي د یو ټاکلي عمر او/یا قانوني دریځ وړ وي او یوازې د کورنۍ د ځینو غړو لپاره چې له متحده ایالاتو څخه بهر اوسیږي شتون لري.
دلته ستاسو د کورنۍ د بیا یوځای کولو لپاره ۳ لارې دي:
- DS-4317 (د افغان کورنۍ یو ځای کیدل): د میړه او ماشومانو لپاره د پیرول غوښتنه کیدی شي. بې سرپرسته کوچنيان هم د مور او پلار او خویندو لپاره د غوښتنلیک وړ دي.
- i-730 (د پناه غوښتونکي د خپلوانو عریضه): پناه غوښتونکي کولی شي د میړه او ماشومانو لپاره عریضه وکړي.
- i-130 (کورنۍ عریضه): د متحده ایالاتو اتباع کولی شي د میړه، د هر عمر ماشومانو (د ازدواجي حالت په پام کې نیولو پرته)، مور او پلار او وروڼو لپاره عریضه وکړي. قانوني دایمي اوسیدونکي (شنه کارت لرونکي) کولی شي د هر عمر میرمنو او ناواده ماشومانو لپاره غوښتنه وکړي.
د نورو معلوماتو لپاره، مهرباني وکړئ د افغانانو لپاره د کورنۍ یووالي په اړه د متحده ایالاتو د بهرنیو چارو وزارت پاڼې ته مراجعه وکړئ https://www.state.gov/afghanistan-family-reunification/. که تاسو باور لرئ چې ستاسو د کورنۍ غړی ممکن د دې هرې لارې لپاره وړ وي او IILA لا دمخه د غوښتنلیک پروسه نه ده پیل کړې، مهرباني وکړئ خپل ټاکل شوي IILA وکیل سره اړیکه ونیسئ ترڅو ستاسو ځانګړې قضیه په ډیر تفصیل سره وغږیږئ.
California Driver’s License Renewal
IILA understands that the Department of Homeland Security and the Department of Justice are working with Department of Motor Vehicles Offices to educate them about Re-Parole Extension Approval notices (USCIS i-797C notices, titled “Notice of Extension of Your Parole and Employment Authorization) so that they are accepted as proof of lawful status even if the EAD card is expired. The i-797C specifically states, “You must present your employer with evidence of identity and employment authorization. Unless
your employment authorization is revoked, acceptable documentation includes your (c)(11) EAD, along with this Additional Action Notice.”
If you have received an i-797C notice and you want to renew your CA driver’s license:
▪ Make an appointment with your local DMV office.
▪ Take your EAD card and a copy of your i-797C notice.
▪ Request a renewal of a regular driver’s license (requesting a Real ID renewal is stricter).
▪ If the DMV employee does not accept your i-797C notice as proof of lawful status, ask to speak to a supervisor.If you have not received a Re-Parole extension approval or you have lost or misplaced your original (c)(11) EAD card, you may be worried about being able to renew your California driver’s license. Through California’s “Safe and Responsible Drive Act” (AB60), the State of California has determined that all eligible residents may obtain a California driver’s license regardless of their immigration status. For an AB60 driver’s license, you must still meet all other requirements for a driver’s license such as proof of identification, California residency, and pass both the written and behind the-wheel DMV tests. Once issued, the AB60 driver’s license will appear identical to a regular driver’s license. On the top right corner, it will state: “Federal Limits Apply” and on the back it will state: “Not acceptable for official federal purposes.”
In California, you may use it as a form of identification and to drive freely. However, the AB60 driver’s license should NOT be used as a form of identification when entering federal facilities or when interacting with federal or any other state’s law enforcement. You should also exercise extra caution when using your AB60 driver’s license to drive outside of California.
Effective June 9, 2023, through July 31, 2024, the Department of Homeland Security (DHS) will consider, on a case-by-case basis for urgent humanitarian reasons or significant public benefit, a two-year extension of the original parole period for Afghan parolees who have already applied for asylum or for adjustment to lawful permanent resident (LPR) status (such as adjustment of status as a special immigrant).
For more information, see the Re-Parole Toolkit below.
“If you are a national of Afghanistan (or if you have no nationality and last habitually resided in Afghanistan) and are in the U.S. now and you do not have permanent immigration status here, you may be able to apply for Temporary Protected Status (TPS), which would allow you to live and work legally in the U.S. for as long as Afghanistan is designated a TPS country.” – The Legal Aid Society, Immigration Law Unit
For more information, click on the links below.
(English) (Pashto پښتو) (Dari درى)
(Pashto پښتو) (Dari درى)
More and more Afghans are entering the US as asylum seekers at the southern border with Mexico. Those Afghans who enter the US in this way are not given parole status and are given a date to appear at Immigration Court to make a case for asylum.
IILA is receiving an increasing number of inquiries about helping these Afghans, so it is important to clarify how IILA is able to assist:
1 ) Legal Assistance: For the time being, IILA’s Immigration Legal Services Department is not able to accept these Adult Removal Defense cases. Once we are able to accept new cases, we will provide an update on this page. For now, please seek out other nonprofit legal service providers for help. A list of providers is available here: https://www.iilosangeles.org/legal-services-providers/
If an Afghan in this situation is unable to find legal assistance before they have to appear in Immigration Court, there is no reason to panic. They can ask the judge for a continuance to find legal representation. The judge will give them another date to appear in Immigration Court. It is absolutely essential that one always appear when scheduled for Immigration Court, otherwise there is a risk of deportation.
2) Other Assistance: Non-paroled Afghans are NOT eligible for financial or case management assistance through IILA’s USCRI funded programs or through the IILA AIRS or RFS programs. Non-paroled Afghans who are seeking non-legal assistance should email Director of Refugee Services, Hasmik Ktoian, at hktoian@iilosangeles.org. She will make an assessment whether IILA can provide any assistance. Housing will not be provided by our agency.
On January 12, 2023, the Department of State released form DS 4317, which allows Afghan Humanitarian Parolees and those later granted Temporary Protected Status to apply for reunification with eligible family members (lawful spouse and children under the age of 21 as of 8/14/2021). For more information and to apply, visit the Department of State’s Family Reunification for Afghans page.
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 requires that all asylum applicants must apply within one-year of their last entry into the United States. However, there is an exception if the applicant can show that there are extraordinary circumstances directly related to the delay in filing.
Generally, maintaining valid status or humanitarian parole will be considered an extraordinary circumstance. If you were granted valid status or parole within one year or the date of your last arrival in the United States and you applied for asylum within a reasonable period of time of the expiration of your valid status or parole, generally this extraordinary circumstance would apply to you.
IILA and the other pro-bono attorneys aim to file within the one-year filing date but do not be alarmed if additional time is needed to prepare your asylum application. If you maintain humanitarian parole, the exception to the one-year filing date applies to you.
More information: USCIS: Obtaining Asylum in the United States
(Special thanks to HIAS and American University, Washington College of Law for creating and distributing the images above.)
NOTICE: The United States immigration system is facing system-wide backlogs and delays in processing applications. Resettlement agencies and immigration attorneys across the country are facing a significant number of pending cases and increased processing times. We strongly urge Afghan clients to consult with an immigration attorney, as well as utilize the resources on this page for their asylum application or pending SIV application.
Update on the proposed Afghan Adjustment Act: IILA is calling on Congress to pass the Afghan Adjustment Act, which would allow Afghans on humanitarian parole to adjust their status to permanent residence (green cards) without applying for asylum. We currently don’t know whether this will pass or when it may take effect. More information here.
RESOURCES FOR AFGHAN CLIENTS
PRO BONO (FREE) & LOW-COST LEGAL SERVICES
Los Angeles Area
Sacramento Area
- CAIR Sacramento Valley/Central CA Afghan Community Advisory
- Immigration Services Request Intake Form
- Know Your Rights resources in Pashto and Dari
California
Nationwide
HUMANITARIAN PAROLEES
Are you an Afghan individual who has been granted humanitarian parole?
You may be eligible for cash assistance, medical assistance, employment preparation, job placement, English language training, and other services offered through the Office of Refugee Resettlement (ORR). You may also be eligible for federal “mainstream” (non-ORR funded) benefits, such as cash assistance through Supplemental Security Income (SSI) or Temporary Assistance for Needy Families (TANF), health insurance through Medicaid, and food assistance through Supplemental Nutrition Assistance Program (SNAP).
Office of Refugee Resettlement
- Afghan Assistance Resources
- Benefits for Afghan Humanitarian Parolees (English) (Pashto) (Dari)
U.S. Citizenship and Immigration Services (USCIS)
RE-PAROLE TOOLKIT
Effective June 9, 2023, through July 31, 2024, the Department of Homeland Security (DHS) will consider, on a case-by-case basis for urgent humanitarian reasons or significant public benefit, a two-year extension of the original parole period for Afghan parolees who have already applied for asylum or for adjustment to lawful permanent resident (LPR) status (such as adjustment of status as a special immigrant). This is in recognition of the continued urgent humanitarian reasons and significant public benefit underlying the original parole grant and the time necessary for Afghan parolees to accomplish the purpose of their parole and regularize their immigration status. These Afghan parolees who have already applied for asylum or LPR status do NOT need to apply for re-parole. If approved, USCIS will extend their original employment authorization and send a Form I-797C, Notice of Additional Action, to their last address of record with USCIS.
If these Afghan parolees require an updated Employment Authorization Document (EAD) in addition to the Form I-797C, they may file a fee-exempt Form I-765, Application for Employment Authorization, with USCIS under category c(11).
We understand the need for re-parole to provide continuity in lawful presence and the ability to work and support one’s family while pursuing a more permanent immigration status. For this reason, certain Afghan parolees in the United States who have NOT YET filed for any immigration benefit, or who have applied for a temporary benefit such as Temporary Protected Status, may NOW APPLY for re-parole and employment authorization through a new streamlined and fee-exempted application process that is available online and on paper. USCIS will exempt application fees for these applicants for re-parole by using Form I-131, Application for Travel Document. These applicants who self-file for re-parole will also be able to request an EAD using the same Form I-131.
USCIS will accept and consider, on a case-by-case basis for urgent humanitarian reasons or significant public benefit, re-parole requests under section 212(d)(5) of the Immigration and Nationality Act from certain noncitizen Afghans paroled into the United States. Afghan nationals who were paroled into the United States from July 31, 2021, through June 8, 2023, and have an “OAR” or “PAR” class of admission on their Form I-94, Arrival/Departure Record, are eligible for the fee exemption from June 8, 2023, through July 31, 2024. This reflects the DHS’s commitment to providing Afghan nationals with a streamlined process to request re-parole and an EAD.
The process to request fee-exempt re-parole for certain Afghan nationals will be available both online and via paper filing. A new Re-Parole Process for Certain Afghans webpage will provide information on the process and step-by-step instructions on how to apply for re-parole.
- To apply for fee-exempt re-parole and an EAD on the 06/06/23 edition of Form I-131, the applicant must:
- Select “I am outside of the United States, and I am applying for Advance Parole Document” on the paper application in Part 2, Item 1.e.;
- Mark “Y” for the question, “Are you applying for re-parole?”; and
- Mark “Y” in Part 8 for the question, “I am requesting an Employment Authorization Document (EAD) upon approval of my new Operation Allies Welcome (OAW) period of parole” to request a fee-exempt EAD.
- Do not submit a separate Form I-765 with your Form I-131. If you submit Form I-765 with your request for re-parole, we may reject your application or take longer to process it.
- Applicants filing by paper and using the 10/31/22 edition of Form I-131 before Aug. 8, 2023, should write “OAW EAD” on the top of the form, regardless of whether they have a PAR or OAR class of admission.
If your initial EAD is expiring, you must indicate you would like to renew your EAD when filing Form I-131 through this new streamlined process.
If you are an Afghan national and applied for re-parole through Form I-131 before June 8, 2023, when this new streamlined application process was not yet available, you may submit a new request using this process to receive the fee exemption and concurrent EAD processing. Please see the Afghan Nationals Re-Parole FAQs webpage for more information on the options available to you.
APPLICATION TOOLKIT – Click the link below to download the toolkit, which includes the following: I-131 instructions and re-parole application, re-parole presentation slides.
TPS & FEE WAIVER TOOLKIT
What is Temporary Protected Status (TPS)?
TPS is an immigration status granted to eligible nationals of a designated country or persons without nationality who last habitually resided in the designated country. The Secretary of the Department of Homeland Security (DHS) in consultation with the Secretary of State is authorized to designate a foreign state for TPS based on an emergency, such as an ongoing armed conflict or environmental disaster, that temporarily prevents nationals who are in the United States from returning safely to the designated county.
TPS beneficiaries who register by the specified date are eligible to remain in the Unites States during the TPS designation period and receive protection from deportation. They may also apply for employment authorization and advance parole travel permission during their grant of TPS.
Who is eligible for TPS for Afghanistan?
To be granted TPS, an applicant must be a national of Afghanistan or a noncitizen with no nationality who last habitually resided in Afghanistan. He or she must also prove continuous residence in the United States since March 15, 2022, and continuous physical presence in the United States since May 20, 2022. Absences that are "brief, casual and innocent" do not prevent applicants from showing continuous residence or continuous physical presence. Likewise, a brief temporary trip abroad required because of an emergency or extenuating circumstances outside the applicant's control will not break continuous residence.
The applicant must apply within the registration period that runs from May 20, 2022, through Nov. 20, 2023, unless he or she qualifies for late initial registration. An otherwise eligible individual is disqualified from TPS if he or she:
- Has been convicted of any felony or two or more misdemeanors committed in the United States;
- Is found inadmissible as an immigrant under the applicable grounds in INA § 212(a), including non-waivable criminal and security-related grounds; or
- Is subject to any of the mandatory bars to asylum found at INA § 208(b)(2)(A).
For more information:
- Catholic Legal Immigration Network, Inc.: Frequently Asked Questions: Temporary Protected Status for Afghans (May 23, 2022)
- USCIS: Temporary Protected Status Designated Country: Afghanistan
APPLICATION TOOLKIT – Click the link below to download the presentation slides and collected/translated documents in English, Dari, and Pashto from IILA’s Afghan Legal Representation Project (ALRP). Documents include overview presentations, application instructions, and checklists for applying for TPS and fee waivers.
ONLINE EAD APPLICATION TOOLKIT
Click the link below to download the toolkit.
APPLIYING FOR A SPECIAL IMMIGRANT VISA (SIV)
The Special Immigrant Visa (SIV) is an immigration program that grants permanent residence to people who aided the U.S. government abroad. If you are currently applying for Special Immigrant Visa (SIV) or awaiting Chief of Mission (COM) approval, we strongly recommend that you also apply for asylum and Temporary Protected Status (TPS).
U.S. Department of State
- July 18, 2022 - Statement by Secretaries Antony J. Blinken and Alejandro N. Mayorkas - Ongoing Efforts to Support Afghan Special Immigrant Visa Applicants
- Current Special Immigrant Visas for Afghans Program Requirements
International Refugee Assistance Project (IRAP)
- For SIV Applicants: Legal Information Website:
- IRAP Afghan SIV Training, Practice Guide and Other Materials
- Special Immigrant Visas for Afghans Training Course - free comprehensive online course with samples. Short videos covering an introduction and all stages of the SIV adjustment process
FAMILY REUNIFICATION TOOLKIT FOR AFGHAN PAROLEES-DS-4317
The U.S. Government, through the U.S. Department of State, has initiated efforts to reunite U.S. citizens and Afghans in the United States with their family members who remain in Afghanistan. This program is a unique program created specifically for Afghans and as a result, is not fully comprehensible. The only details the U.S. Government has provided about the program is that specific family members who remain in Afghanistan may be eligible for assistance from the U.S. government to leave Afghanistan and upon approval, enter the United States. When, where, how and to whom this departure information will be communicated remain unknown.
If the U.S. Government can help your family members depart Afghanistan, they will travel to a country where they can complete the refugee process. Your family members must have a valid passport. After completing refugee processing, your family members will only be able to enter the United States upon approval by U.S. immigration officials.
You should NOT travel to Afghanistan to accompany your family members! Doing so may prejudice your pending asylum, SIV and/or green card decision in the United States. Also, the U.S. Government will not help your family members depart more quickly if you are in Afghanistan.
Click below to download the toolkit, which includes presentation slides and a fact sheet in English, Dari, and Pashto.
ADJUSTMENT OF STATUS TOOLKIT
ALERT: If you file Form I-485, Application to Register Permanent Residence or Adjust Status, on or after Dec. 23, 2022, you must use the 12/23/22 edition of Form I-485 or we will reject your filing. If you file Form I-485 before Dec. 23, 2022, you must use the 07/15/22 edition of Form I-485 or we will reject your filing.
If you file Form I-485, Application to Register Permanent Residence or Adjust Status, on or after Dec. 23, 2022, you must use the 12/23/22 edition of Form I-485 or we will reject your filing. If you file Form I-485 before Dec. 23, 2022, you must use the 07/15/22 edition of Form I-485 or we will reject your filing.
On Sept. 9, 2022, DHS published the Public Charge Ground of Inadmissibility final rule to provide clarity and consistency for noncitizens on how DHS will administer the public charge ground of inadmissibility. The new final rule will go into effect on Dec. 23, 2022, and requires collection of information in the new 12/23/2022 edition of Form I-485.
Preview versions of the new 12/23/2022 edition of Form I-485 and form instructions were published on Regulations.gov on Sept. 9, 2022. Preview versions of the new Form I-485 and form instructions were also published on uscis.gov on Nov. 23, 2022.
USCIS has published the final 12/23/22 edition of Form I-485 for applicants to prepare their applications in advance of Dec. 23, 2022. DO NOT file the 12/23/22 edition of Form I-485 before Dec. 23, 2022. USCIS will reject any Form I-485 with the edition date of 12/23/22 filed before Dec. 23, 2022.
What to Know About Sending Us Your Form
· We will reject the 07/15/22 edition of Form I-485 if it is postmarked on or after Dec. 23, 2022.
· We will reject the 12/23/22 edition of Form I-485 if it is postmarked on or before Dec. 22, 2022.
*For filings sent by commercial courier (such as UPS, FedEx and DHL), the postmark date is the date reflected on the courier receipt.
APPLYING FOR ASYLUM
Asylum is a form of legal protection for people who are physically present in the United States, who suffered and/or fear future persecution in their home country.
Aslyum 101 for Afghans Videos
English
Pashto پښتو
Dari درى
International Institute of Los Angeles – Afghan Legal Representation Project (ALRP)
IILA clients who wish to receive services through IILA’s ALRP will need to return signed copies of the following forms, as well as a completed I-589 in Dari or Pashto or English (to the best of their ability) by May 27, 2022:
The I-589 should be initially completed in Dari or Pashto in the majority of cases so that the members of the family can review what was submitted before the Asylum Interview. Consistency between what is written on I-589 and what is said in the Asylum Interview is critical.
IILA clients who need a Dari or Pashto speaking volunteer to assist with completing the forms and the I-589 should let their case manager know so that we can match them with a volunteer.
- Consent/Waiver Form for Legal Services
- ALRP Screening Form
- Copies of I-589 and Instructions for I-589 (see below)
IILA Asylum Orientation
May 9, 2022
How to Fill Form I-589
(Dari درى)
How to Fill Form I-589
(Pashto پښتو)
How to Install and use Webex Meeting
(Dari درى)
How to Install and use Webex Meeting
(Pashto پښتو)
How to Create and Join Zoom meeting
(Dari درى)
How to Create and Join Zoom meeting
(Pashto پښتو)
National Immigrant Justice Center
- Legal Resources for Afghans Seeking Asylum and Other Relief
- Form I-589, Application for Asylum:
- Instructions for Form I-589, Application for Asylum:
VECINA
- Representing Afghan Nationals in Affirmative Asylum Proceedings – free comprehensive online course with samples.
HIAS/ABA – Asylum Toolkits
U.S. Committee for Refugees and Immigrants
FOR COMMUNITY MEMBERS
VOLUNTEER OPPORTUNITIES
As the US immigration system, resettlement agencies, and immigration attorneys across the country are facing major delays and increased caseloads, IILA is launching the Afghan Legal Representation Project (ALRP) to ensure that our clients are on track to submit their asylum application.
IILA’s ALRP will work to match Afghan clients with legal professionals and non-legal volunteers to assist with their immigration-related applications. Sign up today or share this opportunity with others!
Legal Professionals & Law Students
We are looking for legal professionals and law students who are interested in providing pro bono legal assistance to Afghan evacuees, which may include asylum, Special Immigrant Visa, P1/2 refugee status, Temporary Protected Status, and other legal applications.
Non-Legal Volunteers & Dari/Pashto Translators
We are looking for volunteers who can provide assistance to Afghans applying for asylum and other legal matters. Tasks may include helping to fill out applications, translating documents in Dari/Pashto, proof-reading, delivering documents, and other non-legal tasks.
RESOURCES FOR IMMIGRATION ATTORNEYS
VECINA Training Course on SIVs
ABA Resources
- For Pro Bono Attorneys Representing Pro Se Afghan Applicants
- ABA: Interested in Helping Afghans Apply for Asylum?
- ABA: Afghanistan Response Project
CLINIC Resources
- Assisting Citizens of Afghanistan – Webinar
- Afghans and Public Charge
- Age-Out Rules for Afghan SIV Derivative Children
- Frequently Asked Questions: Form I-134
- Frequently Asked Questions: Eligibility to Adjust if Started with Consular Processing
- Guide to Client Documentation and Benefits for Afghan Parolees
- Practice Advisory: Assisting Afghan Evacuees
DHS Resources
USCIS has posted resources on Afghanistan, including the process for Afghan nationals to apply for humanitarian parole as well as immigration relief available to those present in the United States:
Additional Resources
- International Refugee Assistance Project (IRAP): Legal Resources for Afghans
- Human Rights First: Resources on the Afghan Evacuation
- The Afghan Network for Advocacy and Resources (ANAR): Afghan Resources
- Penn State: Immigration in a Biden Administration
Listservs to join
- PALA (AfghanLegalAssist@googlegroups.com)
- AILA (afghanevacuations@lists.aila.org)
International Institute of Los Angeles is a proud member of the Welcome.US Coalition.
