Legal Resources for Afghans

Home >    Legal Resources for Afghans

AFGHAN CLIENT RESOURCES

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 01/30/2023.

ON THIS PAGE

1/30/2023 Update: Afghans Who Enter at the US Southern Border As Asylum Seekers

(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.

1/20/2023 Update: Family Reunification for Afghans

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.

8/24/22 Update: Exception to the One-Year Filing Rule

(Dari درى & Pashto پښتو)

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.)

Afghan Client Resources at IILA

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.

PRO BONO (FREE) & LOW-COST LEGAL SERVICES


Los Angeles Area

 

Sacramento Area

 

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

 

U.S. Citizenship and Immigration Services (USCIS)

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.

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

VECINA

HIAS/ABA – Asylum Toolkits

U.S. Committee for Refugees and Immigrants

APPLYING FOR 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.


U.S. Department of State

International Refugee Assistance Project (IRAP)

TEMPORARY PROTECTED STATUS (TPS)

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:

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.

SIGN UP HERE

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.

SIGN UP HERE

RESOURCES FOR IMMIGRATION ATTORNEYS


VECINA Training Course on SIVs

ABA Resources

CLINIC Resources

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

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.