Questions and Answers about ORR Policy Letter 23-06, Continuation of ORR Services for Certain Afghans Who Have Filed for Re-Parole, Asylum, or Adjustment of Status
Continuation of ORR Services for Certain Afghans Who Have Filed for Re-Parole, Asylum, or Adjustment of Status
In this document, ORR clarifies elements of ORR Policy Letter (PL) 23-06 (PDF) on the continuation of ORR refugee benefits and services for certain Afghan parolees. Throughout this document there are scenarios to help illustrate the clarifications. All scenarios are fictitious.
If you have reviewed the PL and the information below but are still uncertain about an individual’s eligibility, please contact the Refugee Policy Unit at RefugeeEligibility@acf.hhs.gov. Note: Send any documentation with personally identifiable information (PII) in a password-protected PDF and send the password in a separate email. Do not include PII in the text of the email.
Q1. What does ORR PL 23-06 do?
A1. This PL allows ORR recipients to continue providing ORR refugee benefits and services to eligible Afghan parolees while their application(s) for re-parole, asylum, and/or adjustment of status are pending.
Q2. Who are eligible Afghan parolees?
A2. Eligible Afghan parolees are:
- Afghan parolees eligible for ORR refugee benefits and services under ORR PL 22-01;
- Who applied for re-parole, asylum, or adjustment of status prior to the expiration of their initial parole period; and
- Are enrolled in ORR programs and services prior to the expiration of their initial parole period.
Q3. If an Afghan parolee files for re-parole, asylum, or adjustment of status after the end of their parole period, are they eligible for continued ORR benefits and services under this PL?
A3. No. If an Afghan parolee reaches the end of their period of parole without filing for re-parole, asylum, or adjustment of status, and they have not obtained another ORR-eligible immigration status or category, they are not eligible for continued ORR benefits and services under this PL. That is the case even if they apply for re-parole, asylum, or adjustment of status after their period of parole ends.
Example: Mr. Farid
On January 1, 2022, Mr. Farid entered the U.S. with PAR parole. His parole is valid until January 1, 2024. Mr. Farid has not filed for re-parole, asylum, or adjustment of status. He was enrolled in Refugee Cash Assistance and Refugee Medical Assistance from January 1, 2022 through December 31, 2022, and began the ORR’s Career Pathways program before January 1, 2024.
If on January 2, 2024, Mr. Farid has not filed for re-parole, asylum, or adjustment of status, and he has not obtained any other ORR-eligible immigration status or category, he is no longer eligible for ORR refugee benefits and services.
Q4. Does TPS impact an Afghan parolee’s eligibility?
A4. No. TPS does not make an Afghan parolee eligible or ineligible for ORR refugee benefits and services. Note that an Afghan parolee may have an eligible immigration status or category in addition to having TPS.
Q5. Are Afghan parolees who entered the U.S. through the southwest border and applied for asylum eligible for ORR refugee benefits and services?
A5. Yes. If an Afghan entered the U.S. through the southwest border with parole, they are eligible for ORR refugee benefits and services for the duration of their parole period (See, ORR’s PL 22-01). An Afghan parolee is eligible for continued ORR refugee benefits and services under this PL if they apply for re-parole, asylum, or adjustment of status prior to the end of their parole period.
Q6. Does a pending Form I-360 or a pending Chief of Mission letter, by itself, count as pending adjustment of status for the purposes of continued ORR refugee benefits and services under this PL?
A6. No. A pending Form I-360 or Chief of Mission letter must be accompanied by a pending Form I-485, Application to Register Permanent Residence or Adjust Status, to indicate that the Afghan parolee has a pending application for adjustment of status, which qualifies the individual for continued services under this PL.
Q7. What benefits and services may eligible Afghans access?
A7. Under this PL, eligible Afghans may continue to access ORR refugee benefits and services in which they are enrolled at the time their parole period ends.
Example: Ms. Noor
On November 1, 2021, Ms. Noor entered the U.S. with OAR parole. Her parole is valid until November 1, 2023. On July 30, 2023, Ms. Noor filed for re-parole. As of Nov 2, 2021 she is a participant in ORR’s Refugee Health Promotion program.
When Ms. Noor’s parole expires after November 1, 2023, Ms. Noor is still eligible to participate in ORR’s Refugee Health Promotion Program while her application for re-parole is pending. Ms. Noor is an eligible Afghan under ORR PL 22-01, she applied for re-parole prior to the expiration of her parole period, and she was enrolled in ORR’s Refugee Health Promotion program prior to the expiration of her parole period.
Q8. Are Afghans under this PL eligible to receive RCA or RMA beyond 12 months?
A8. No, Afghans under this PL are not eligible to receive RCA or RMA beyond the customary eligibility period as defined in 45 CFR part 400.
Q9. Are Afghan parolees under this PL eligible for immigration-related legal assistance, as addressed within ORR PL 22-11?
A9. Yes. Immigration-related legal assistance is allowed under this PL. As with other ORR refugee benefits and services, the eligible Afghan parolee must be enrolled in such services before the end of their period of parole.
Q10. Is there any exception for Afghan parolees who are not able to enroll in immigration-related legal assistance before the end of their period of parole?
A10. No. Eligible Afghan parolees under this PL must have applied for re-parole, asylum, or adjustment of status prior to end of their period of parole and must be enrolled in ORR refugee benefits and services before the end of their period of parole in order to continue access to such benefits.
Q11. When can Afghan parolees under this PL apply to enroll in new ORR refugee benefits and services?
A11. Afghan parolees may seek to enroll in new ORR refugee benefits and services, as applicable, if and when they are granted re-parole, extension of parole, or any other valid ORR-eligible immigration status or category.
Example: Mr. Durrani
On October 1, 2021, Mr. Durrani entered the U.S. with OAR parole. At the time of his entry, he bypassed the safe haven and entered the community. His period of parole is valid until October 1, 2023. On October 30, 2021, Mr. Durrani enrolled in the Micro-Enterprise Development (MED) Loan program. On September 1, 2023, Mr. Durrani filed for asylum with legal assistance through Immigration Legal Services for Afghan Arrivals (ILSAA). His legal contract with his legal assistance team is for his application for asylum, adjustment of status, and employment authorization.
When Mr. Durrani’s parole term expires, Mr. Durrani continues to be eligible for ORR refugee benefits and services while his application for asylum is pending. He is an eligible Afghan under ORR PL 22-01, he applied for asylum prior to the end of his parole period, and he is a participant in the MED loan program prior to the end of his parole period.
Under PL 23-06, Mr. Durrani is eligible to continue to participate in the MED loan program, and he may continue to work with his legal assistance team on his application for asylum, adjustment of status, and employment authorization as in the legal contract. Mr. Durrani is not eligible to apply for any new ORR refugee benefits and services while his application for asylum is pending. If and when he is granted re-parole or asylum or any other ORR-eligible immigration status or category, he will be eligible to apply to enroll in new ORR refugee benefits and services.
Q12. What is an eligible Afghan’s date of eligibility if they obtain another ORR-eligible immigration status/category?
A12. The date of eligibility for an ORR-eligible individual remains their initial date of eligibility. The date of eligibility does not change if an ORR-eligible individual obtains another ORR-eligible immigration status or category.
Q13. How long may eligible Afghans access ORR refugee benefits and services?
A13. Eligible Afghans will remain eligible for ORR refugee benefits and services for the duration of their parole period. This begins on the date of their initial parole and ends at the conclusion of their re-parole period or extended parole period, if applicable. They will also be eligible for ORR refugee benefits and services for the customary period according to 45 CFR part 400 if they obtain another ORR-eligible immigration status or category.
Example: Ms. Taj
On October 1, 2021, Ms. Taj entered the U.S. with OAR parole valid until October 1, 2023. On June 15, 2023, Ms. Taj enrolled in ORR’s Refugee Career Pathways program and signed a contract to receive immigration legal assistance through ILSAA. On August 30, 2023, Ms. Taj filed for asylum. On October 31, 2023, Ms. Taj’s application for asylum is approved.
From October 2, 2023 through October 30, 2023, Ms. Taj is eligible for continued ORR refugee benefits and services under ORR’s PL 23-06 because she is an eligible Afghan parolee under ORR’s PL 22-01, she filed for asylum prior to the end of her parole period, and she was enrolled in ORR benefits and services period to the end of her period of parole. From October 2, 2023 through October 30, 2023, Ms. Taj may continue any ORR refugee benefits and services for which she was already enrolled: in other words, she may continue to participate in ORR’s Refugee Career Pathways program and she may continue to access immigration legal assistance through ILSAA. Ms. Taj is not eligible to enroll in any new ORR refugee benefits or programs, including new immigration legal assistance not contracted prior to October 2, 2023.
When Ms. Taj’s application for asylum is approved on October 31, 2023, Ms. Taj becomes an asylee and is eligible to apply to enroll in new ORR refugee benefits and services, including new immigration legal assistance services.
Ms. Taj’s date of eligibility is October 1, 2021, the date on which she first became eligible for ORR refugee benefits and services. Her date of eligibility remains October 1, 2021, even after she is granted asylum.
Ms. Taj’s duration of eligibility spans from the date of her initial eligibility, October 1, 2021, through September 30, 2026. From October 1, 2021 until October 1, 2023, Ms. Taj maintained parole status. From October 2, 2023 through October 30, 2023, Ms. Taj is eligible for continued ORR refugee benefits and services under PL 23-06. From October 31, 2023 through September 30, 2026, Ms. Taj is eligible for ORR refugee benefits and service as an asylee.
Q14. Are states and grantees required to conduct eligibility redeterminations?
A14. No. This PL does not require states and grantees to conduct eligibility redeterminations.
Q15. What happens if an Afghan parolee’s application for re-parole, asylum, or adjustment of status is denied and the individual has not received extension of the parole period?
A15. An Afghan parolee is no longer eligible for ORR refugee benefits and services if their application for re-parole, asylum, or adjustment of status is denied, the period of parole was not extended, and the individual no longer possesses an ORR-eligible immigration status as defined under PL 16-01.
Q16. On what date does the applicant become ineligible for ORR refugee benefits and services if an Afghan parolee’s application for re-parole, asylum, or adjustment of status is denied and the individual has not received extension of the parole period?
A16. An individual will become ineligible for ORR benefits and services as of the date of their parole expiration if their application for re-parole, asylum, or adjustment of status is denied, the period of parole was not extended, and they have not acquired another ORR-eligible immigration status as defined under PL 16-01.
Q17. What happens if an Afghan parolee’s period of parole is extended and the application for asylum or adjustment of status is denied?
A17. An Afghan parolee remains eligible for ORR refugee benefits and services for the duration of their parole period. This begins on the date of their initial parole and ends at the conclusion of the extended parole period, regardless of denial of the asylum or adjustment of status application.