Afghan Parolee Adjustment of Status in Escondido: Path to Green Card for OAW Parolees
Green card options for Afghan nationals who entered under Operation Allies Welcome humanitarian parole
Quick Answer
Afghan nationals who entered the U.S. under Operation Allies Welcome humanitarian parole have several paths to permanent residence. Options include Special Immigrant Visa (SIV) adjustment, asylum, and the Afghan Adjustment Act. Understanding these pathways helps Escondido's Afghan community secure long-term immigration status.
Reviewed for accuracy by
Maria Santos
DOJ Accredited Representative • 15+ years experience
Escondido and North San Diego County have welcomed many Afghan families evacuated during Operation Allies Welcome. SoCal Immigration Services helps Afghan parolees navigate the complex pathways to permanent residence, working with families in Dari, Pashto, and Arabic to secure their future in America.
Understanding Afghan Humanitarian Parole Status
What Parole Provides:
Humanitarian parole authorized Afghan evacuees to enter and remain in the U.S. for a specified period, typically two years. Parolees received Employment Authorization Documents (EADs) allowing them to work legally. Many also received assistance with initial resettlement including housing, English classes, and employment help.
Parole Limitations:
Parole is not a path to permanent residence by itself. When parole expires, individuals must have another status or face possible removal. This makes finding a pathway to green cards essential for Afghan parolees' long-term security.
Special Immigrant Visa (SIV) Pathway
- •Employment Requirement: Must have worked for or on behalf of the U.S. government in Afghanistan for at least one year
- •Qualifying Employers: Direct U.S. government employment, U.S. military, or contractors/grantees supporting U.S. missions
- •Chief of Mission Approval: Must obtain approval from the Chief of Mission confirming qualifying employment
- •Threat Requirement: Must demonstrate ongoing threat due to U.S. government employment
- •Background Checks: Must pass extensive security screening
- •Family Inclusion: Spouse and unmarried children under 21 can be included as derivatives
SIV Adjustment of Status Process
- 1Gather Employment Documentation
Collect evidence of qualifying employment: contracts, badges, letters from supervisors, pay records, and any other proof of U.S. government-related work in Afghanistan.
- 2Obtain Chief of Mission Approval
Submit documentation to the National Visa Center for Chief of Mission review. This step verifies your employment and assesses the threat level you face.
- 3File I-360 Petition
After COM approval, file Form I-360 Special Immigrant Petition. This establishes your SIV eligibility.
- 4File I-485 Adjustment Application
Once I-360 is approved, file Form I-485 Application to Register Permanent Residence. Include all required documents, photos, and fees.
- 5Complete Biometrics and Interview
Attend biometrics appointment for fingerprinting. Prepare for and attend adjustment interview at local USCIS field office.
- 6Receive Green Card
Upon approval, receive permanent resident status. Green card arrives by mail within weeks of approval.
Afghan Adjustment Act Pathway
Proposed Eligibility:
The proposed act would allow Afghan nationals who were paroled into the U.S. between July 2021 and September 2022 to apply for adjustment of status. It would eliminate the need to qualify through other categories like SIV or asylum.
Current Status:
As of 2026, check current Congressional status of Afghan Adjustment Act legislation. If passed, specific requirements and procedures will be established. Our team monitors legislative developments and advises clients on new options as they become available.
Planning Considerations:
While waiting for potential legislation, Afghan parolees should pursue available pathways like SIV or asylum rather than relying solely on future laws that may or may not pass.
Asylum as a Pathway
- •One-Year Filing Deadline: Asylum applications must generally be filed within one year of U.S. arrival, though exceptions exist
- •Persecution Requirement: Must demonstrate persecution or well-founded fear based on race, religion, nationality, political opinion, or particular social group
- •Afghan-Specific Claims: Common grounds include Taliban targeting, religious persecution, women's rights, LGBTQ+ identity, and U.S. association
- •Documentary Evidence: Gather evidence of personal persecution risk and country conditions in Afghanistan
- •Interview Process: Asylum interviews assess credibility and eligibility; thorough preparation is essential
- •Path to Green Card: After one year in asylum status, apply for permanent residence
Refugee Status Adjustment
Refugee vs. Parolee Status:
Refugees undergo formal refugee processing before arrival and have specific adjustment pathways. Parolees entered under emergency humanitarian provisions with different requirements. Check your I-94 arrival record to confirm your admission classification.
Refugee Adjustment Process:
Refugees must apply for adjustment of status one year after U.S. arrival using Form I-485. This is mandatory, not optional. Refugee adjustment is generally straightforward for those maintaining lawful status.
Mixed Family Situations:
Some Afghan families have members admitted under different classifications. Each person's pathway depends on their individual admission status.
Re-Parole While Pursuing Permanent Status
Re-Parole Applications:
File Form I-131 Application for Travel Document, checking the re-parole box. Explain why additional parole time is needed and provide evidence of ongoing green card pathway pursuit.
Maintaining Status:
Keep parole status current while adjustment applications are pending. Allowing parole to expire without other status creates legal problems that may affect green card eligibility.
Work Authorization:
Re-parole includes continued work authorization. Ensure you renew before expiration to avoid employment gaps.
Documentation Challenges
- •Missing Afghan Documents: Birth certificates, marriage certificates, and identity documents may have been left behind or destroyed
- •Secondary Evidence: When primary documents are unavailable, USCIS accepts sworn affidavits, school records, or other evidence
- •Document Reconstruction: Some Afghan documents can be obtained through the Afghan embassy, though Taliban control complicates this
- •Employment Records: U.S. government employment records may be obtained through FOIA requests
- •Consistent Statements: Maintain consistency across all applications and interviews when documents are limited
- •Credible Explanations: Explain document unavailability clearly and credibly
Work Authorization During Adjustment
Parolee Work Authorization:
Initial parole included Employment Authorization Documents (EADs). When EADs near expiration, apply for renewal based on pending adjustment application (category C09) or continued parole status.
Combo Cards:
I-485 adjustment applicants can receive EAD cards combined with advance parole (travel document) by filing Forms I-765 and I-131 with their I-485. This "combo card" allows both work and travel.
Processing Delays:
EAD renewals may take months. Apply early to avoid work authorization gaps. Request expedited processing if facing financial emergency.
Why Escondido Afghan Families Choose SoCal Immigration Services
- •Multilingual Staff: We communicate in Dari, Pashto, and Arabic to serve Afghan families
- •SIV Experience: We help qualifying Afghans navigate the SIV process from employment documentation through green card
- •Asylum Preparation: We prepare thorough asylum applications documenting persecution risks
- •Document Solutions: We help overcome documentation challenges with alternative evidence strategies
- •Status Monitoring: We track parole expiration dates and ensure continuous lawful status
- •Family-Based Planning: We coordinate pathways for entire families with different admission statuses
FAQFrequently Asked Questions
Q:Can Afghan parolees get green cards?
A: Yes. Afghan parolees have several green card pathways including Special Immigrant Visas (for those who worked with U.S. government), asylum (for those facing persecution), and potentially the Afghan Adjustment Act if passed by Congress.
Q:What is the Afghan Adjustment Act?
A: The Afghan Adjustment Act is proposed legislation that would allow Afghan parolees to apply directly for green cards without needing to qualify through SIV or asylum. Check current legislative status as this may have passed since this article was written.
Q:Do Afghan parolees qualify for SIV?
A: Only Afghan parolees who worked for or on behalf of the U.S. government in Afghanistan qualify for SIV. This includes direct government employees, military interpreters, and certain contractor employees.
Q:What if my Afghan documents were lost?
A: USCIS accepts alternative evidence when primary documents are unavailable due to circumstances like the Afghanistan evacuation. This includes affidavits, secondary records, and credible explanations for document unavailability.
Q:What happens when my parole expires?
A: You should pursue permanent status (SIV, asylum, or adjustment) before parole expires, or apply for re-parole. Allowing parole to expire without another status puts you at risk of removal and affects future immigration applications.
Q:Can I work while waiting for my green card?
A: Yes. Maintain valid work authorization through parole-based EAD, pending adjustment application (C09 category EAD), or asylum-based work authorization. Apply for renewals early to avoid gaps.
Q:Do you help Afghan families in Escondido?
A: Yes! Our team serves Afghan families throughout North San Diego County with SIV applications, asylum cases, and adjustment of status. We communicate in Dari, Pashto, and Arabic.
Secure Your Family's Future in America
Don't let your parole expire without a plan. Our multilingual team helps Escondido Afghan families navigate pathways to permanent residence.
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