PD 24-03: Re-Parole Process for Certain Afghan Parolees and the Extension of Parole Period for Certain Ukrainian Parolees
| Date: | 02/16/24 |
| To: | DEBS |
| From: | Romelia Cuellar, SSA BPIS |
| Reference: | ACIN I-49-23 and ACIN I-49-23E |
Background
With the influx of Afghans to the United States and the recent war in Ukraine, humanitarian parole was granted to eligible individuals from Afghanistan and Ukraine. Many Afghans and Ukrainians have approached the end of their parole period.
The Department of Homeland Security (DHS) has been considering applications for an extension of parole on a case-by-case basis.
Certain Ukrainian nationals and immediate family members were paroled into the United States for a period of one year after Russia’s invasion of Ukraine and before the federal Uniting for Ukraine (U4U) program access was available. The U4U program began on April 21,2022, and is a program that provides a pathway for Ukrainian citizens and their immediate family members who are outside the United States to come to the United States and stay temporarily with a two-year period of parole.
Guidance
DHS determined they will be extending the parole of certain Ukrainians who arrived prior to U4U. The U.S. Citizenship and Immigration Services (USCIS) are extending employment authorizations for those who have been provided the parole extension.
Afghan Parolee Request for Extension
For certain Afghan parolees, USCIS will accept and consider, on a case-by-case basis re-parole requests under section 212(d)(5) of the Immigration and Nationality Act (INA) from certain noncitizen Afghans paroled into the United States with the “OAR” or “PAR” classes of admission. DHS announced that certain Afghan parolees with a pending asylum application or pending adjustment of status application will be considered on a case-by-case basis for re-parole without the need to file a re-parole application.
Afghans wishing to extend their parole must apply for fee-exempt re-parole and request a fee-exempt Employment Authorization Document (EAD) through the USCIS Re-Parole Process for Certain Afghans website. Afghan nationals with no approved immigration status should file for re-parole before their initial parole expires and from June 8, 2023 through July 31,2024. If an applicant’s initial parole expires before they submit a re-parole application, asylum application, or an adjustment of status application, they are no longer eligible for ORR benefits and services.
Benefits for those who applied for re-parole, asylum, or adjustment of status prior to the expiration of their initial period of parole may continue receiving benefits and services for which they were already enrolled prior to their parole period expiring uninterrupted.
No new ORR benefits or services may be added for an Afghan parolee after their initial period of parole has expired, even if they have a pending re-parole, asylum, or adjustment of status application with USCIS. Afghans who are granted an eligible immigration status or category may be re-enrolled in new ORR benefits and services. This includes those who are terminated from their benefit program but later regain an eligible immigration status.
Ukrainian Parolee Extension
DHS is considering Ukrainian nationals and immediate family members who were paroled prior to the inception of Uniting for Ukraine, on a case-by-case basis, for an extension of their parole period and employment authorization, if applicable. Specifically, individuals paroled into the United States at a port of entry between February 24, 2022 and April 25, 2022, have been considered for an extension.
DHS has reported they are proactively making the updated Form I-94 with the extended parole period available online. The period of parole will be extended form the current expiration date without a gap. UHPs can be referred to download an updated Form I-94 as evidence of their extended parole by visiting the Form I-94 website.
Documentation
Eligibility for ORR-funded services extends to qualifying Ukrainian and Afghan parolees, including those granted re-parole or extension of existing parole. Acceptable forms of documentation for confirming that an application has been submitted to USCIS include the I-797 Notice of Action, the I-797C Notice of Action (Receipt Notice), or a copy of the individual’s “Case Status Update” page from their myUSCIS Check Case Status Online account. Another document that may be encountered is the Form I-360 or Chief of Mission letter which must be accompanied by a pending Form I-485, Application to Register Permanent Residence or Adjust Status, which qualifies the individual for continued services. Eligibility Staff may run a Systematic Alien Verification for Entitlements (SAVE) report to confirm the applicant or recipient’s parole status.
Additional redeterminations are not required unless necessary to determine continued program eligibility such as the SAR 7 or when the client submits information that results in a required redetermination of program benefits.
As a reminder, a determination of any other programs such as state-funded or county specific programs is required.
Implementation
The guidance in this Program Directive is effective immediately and applies to the CalWORKs, RCA, CalFresh and GA programs.