The U.S. State Department designated Afghan refugees as eligible for priority 2 (P-2) processing by the U.S. Refugee Admissions Program. The priority 2 designation applies to Afghans, who do not legally qualify for special immigrant visas. The U.S. State Department’s announcement provides guidance as to which Afghans may apply for Refugee Admissions Program processing and eligibility for referrals from U.S. diplomatic staff, the United Nations Refugee Agency (UNHCR), or an NGO.

If granted refugee status, an Afghan refugee may apply for permanent residency after entering America.  When applying for permanent residency, Afghan nationals file the I-485 Form with U.S. Citizenship and Immigration Services (“USCIS”).  Afghan refugees must file their I-485 Form within 1 year after entering the United States.  U.S. law authorizes USCIS to grant permanent residency to Afghan refugees. USCIS may also grant permanent residency to other foreign nationals granted refugee status.  See INA § 209, 8 U.S.C. § 1159. A refugee may request that a spouse and children receive derivative refugee status.