Introduction:
After the collapse of Afghanistan at the hands of the Taliban, tens of thousands of Afghans left the country through the evacuation program; on the other hand, hundreds of thousands of Afghans first traveled to Brazil legally via humanitarian visas, but then from Brazil to US, they go illegally by air, land and water from about ten other countries in order to reach Mexico which located in the neighborhood of America.
Afghans who enter the United States of America through Mexico may have questions about the asylum process, work permit, resettlement benefits, and immigration. In this article, we have tried to answer them. Find answers to questions.
Some Afghans have questions about how the US government treats them and what kind of documents they are provided with.
Applying for asylum:
Under current US border policy, people who wish to ask for asylum in the U.S. are being directed to use the CBPOne cell phone app to schedule an appointment to appear at a U.S. port-of-entry.
Link: https://www.cbp.gov/about/mobile-apps-directory/cbpone
Upon entering, they will be placed into expedited removal proceedings and will need to demonstrate a “credible fear” of harm upon return to their country of nationality in order to be permitted to apply for asylum in the U.S. Recent changes in U.S. border policies will make it more difficult for people who entered the US after May 11, 2023, without going through inspection at a port-of-entry to qualify for asylum if they transited through other countries and did not ask for asylum in those locations before coming to the U.S.
Afghans arriving to the US through the southern border with Mexico do not receive any preferred or special treatment but instead will be processed the same as any other non-US citizen seeking to enter the US without a valid visa.
Like all asylum seekers, Afghans who enter the US through the southern border must apply for asylum within one year of entry. An exception to the one-year filing deadline may be available for someone with Temporary Protected Status (TPS) or parole. Unlike those who were paroled into the US under Operation Allies Welcome (OAW), Afghans who come through the southern border are not entitled to expedited processing of their asylum applications. Currently, the normal processing time for non-OAW asylum applications is several years.
Work permission to Afghan:
Afghans who receive parole under Section 212(d)(5) of the Immigration and Nationality Act (INA) may be eligible to apply for Employment Authorization.
However, if they only receive a short period of parole, there may be no practical way of receiving work authorization before their parole expires. As a result, many, if not most, individuals who enter through the southern border will only be able to apply for work authorization after they have filed an asylum application and that application has been pending for 150 days.
Bringing family members to US:
Only those who have been granted asylum, refugee status, Lawful Permanent Residence or US citizenship, or those who have been granted status as victims of human trafficking (T visa) or victims of crime (U visa), may petition to bring family members to the US.
Afghans who have received parole may qualify for free assistance with their legal immigration cases, but due to high demand for immigration legal assistance, there is currently limited availability of low-cost or no-cost legal services for those in immigration proceedings and those seeking asylum.
Those who need immigration legal advice can contact Welcome Legal Alliance at https://welcome.us/legalalliance/resources-for-afghans or complete the Human Rights First PALAintake form or consult a national directory of non-profit legal service providers at https://www.immi.org/en/Info/get-legal-help. AILA also has a list of low-cost attorneys assisting Afghans.
You can refer to the following links for immigration legal advice:
- https://welcome.us/legalalliance/resources-for-afghans
- https://hrfoi.legalserver.org/modules/matter/extern_intake.php?pid=129&h=daa817&f=362&state_uuid=d1d7d2ae-f734-11ed-ba2a-02b65df99cf5&d_id=1
- : https://www.immi.org/en/Info/get-legal-help
- https://www.projectanar.org/asylum-legal-services
It is important to avoid being taken advantage of by immigration scammers or “notarios” so be sure only to accept assistance from a licensed attorney or DOJ-accredited representative.
Conclusion:
Afghans who enter the US via Mexico are not considered superior or given special treatment but will be processed in the same way as other non-American citizens who enter the US without a visa.
They should immediately apply for asylum through the official website of the US government and register themselves, seek legal assistance from resettlement agencies, obtain a legal work permit, and bring their family to the US when their asylum application is approved.
Sources:
1- https://www.settlein.support/hc/ps/articles/10836858547613
2- https://www.cbp.gov/about/mobile-apps-directory/cbpone
3- https://welcome.us/legalalliance/resources-for-afghans
4- https://www.immi.org/en/Info/get-legal-help
5-https://www.projectanar.org/asylum-legal-services
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