Afghan Nationals "” From Parole or SIV to a Green Card
Afghan Nationals "” From Parole or SIV to a Green Card
Thousands of Afghan evacuees entered the United States through Operation Allies Welcome, humanitarian parole, or the Special Immigrant Visa (SIV) program. Once the immediate crisis passes, the next challenge is securing permanent residence so your family can live, work, and study without fear of status expiration. This guide outlines the most common routes and how to keep your paperwork organized along the way.
Understanding Your Starting Point
- Humanitarian Parole: Most arrivals received a two-year parole period with an I-94 notation. Parole alone does not lead to a green card, but it provides time to explore SIV, asylum, or family sponsorship. Always track the parole expiration date and file for re-parole when eligible.
- Special Immigrant Visa (SIV): Individuals who worked with the U.S. military or mission may already hold approved SIV classification when they arrive. Once in the U.S., file Form I-485 to adjust status and obtain a green card.
- Asylum or Refugee Status: Some evacuees have pending asylum cases or were processed as refugees abroad. After one year in the U.S., they can apply for permanent residence under INA §209.
Primary Pathways to Permanent Residence
Special Immigrant (SI) Adjustment
- Requires approved Form I-360 (Chief of Mission or USCIS approval)
- File Form I-485 with supporting evidence, medical exam, and the fee (or fee waiver)
- Derivative spouses and unmarried children file their own I-485 packets referencing the principal's SIV case number
Family-Based Sponsorship
- Marriage to a U.S. citizen or permanent resident, or petitions filed by U.S. citizen parents or adult children
- Adjustment is possible inside the U.S. if you entered with parole or obtained advance parole through TPS
- Consular processing may be necessary if there was no lawful admission; provisional waivers may apply
Asylum to Green Card
- After one year of physical presence, file Form I-485 with evidence of the original asylum grant, proof of presence, and updated photographs
- Derivative asylees file concurrently when the principal files or once they hit their own one-year mark
Document Preparation Checklist
| Purpose | Evidence |
|---|---|
| Identity | Afghan passport, Taskera, or national ID with certified translation |
| Entry/Status | I-94, parole documents, SIV approval letters, USCIS receipts |
| Family Ties | Marriage certificates, children's birth certificates, divorce decrees |
| Employment/Support | LES statements, military commendations, tax returns, pay stubs for affidavits of support |
| Security Checks | Court dispositions for any arrests, sworn statements for name variations |
Timeline Example for an SIV Holder in Tulsa
- Month 0: Arrival through Operation Allies Welcome; receive parole and employment authorization.
- Month 3: Gather SIV documents, schedule medical exam, and file I-485 for the entire family.
- Month 6: Attend biometrics appointment in Tulsa.
- Month 9: Receive new work/travel documents while I-485 is pending.
- Month 14: USCIS schedules interviews at the Oklahoma City field office; approve cases the same day or shortly after.
Frequently Asked Questions
Do I need a sponsor for the Affidavit of Support? SIV applicants are exempt, but family-based adjustment requires Form I-864. Our office helps calculate household income, including military pay, self-employment income, or joint sponsors when necessary.
What if my parole expires before my case is approved? File for re-parole or TPS if available, and submit a receipt notice to USCIS. Maintaining lawful presence protects your work authorization and keeps the adjustment on track.
Can I travel overseas while my application is pending? Only with Advance Parole or a Refugee Travel Document. Leaving without permission abandons the I-485.
Practical Tips
- Keep digital backups of every document, especially SIV approvals and military employment letters.
- Update USCIS about address changes within 10 days via Form AR-11.
- Attend every biometrics appointment and interview; rescheduling can add months of delay.
Transitioning from parole or SIV status to a green card is absolutely achievable with a plan. Partner with counsel early, stay on top of deadlines, and keep meticulous records so your family can move forward with confidence.
This post is for general informational purposes only and does not constitute legal advice. Every case is unique. Consult a qualified immigration attorney to discuss your specific situation.
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