Eligibility for Refugee Resettlement Program benefits and services: Parolees from Afghanistan or Ukraine

Dear Colleague Letter 24-01

October 03, 2023
Revised May 8, 2024 1

 

Dear Colleague:

This Dear Colleague Letter (DCL) does not convey any new policy about Afghan and Ukrainian parolee eligibility for ORR Refugee Resettlement Program benefits and services, but it may provide helpful reminders about eligibility parameters already in place.

I. Background

The Afghanistan Supplemental Appropriations Act, 2022, and Additional Afghanistan Supplemental Appropriations Act, 2022 (ASA) provided the Office of Refugee Resettlement (ORR) with specific appropriations to provide refugee benefits and services to the citizens or nationals of Afghanistan delineated in ORR’s Policy Letter (PL) 22-01, Afghan Humanitarian Parolees and Unaccompanied Afghan Minors Eligible for ORR Benefits and Services; ASA-Eligible Afghan Populations (PDF).

Likewise, the Additional Ukraine Supplemental Appropriations Act, 2022 (AUSAA), as extended by the Ukraine Security Supplemental Appropriations Act, 2024 (USSAA)1 provided ORR with specific appropriations to provide refugee benefits and services to the citizens or nationals of Ukraine and other non-Ukrainian individuals as delineated in ORR’s Policy Letter (PL) 22-13, Ukrainian Humanitarian Parolees Eligible for ORR Benefits and Services (PDF). 

Afghan parolees must have entered the United States with parole by September 30, 2023 in order to be eligible for ORR refugee benefits and services. Ukrainian parolees must have entered the United States with parole by September 30, 2024 in order to be eligible for ORR refugee benefits and services.2 Certain relatives of Afghan and Ukrainian parolees, however, as described below, continue to be eligible for ORR refugee benefits and services even if they enter the United States with parole after September 30, 2023.

II. Afghan parolee eligibility

As per ORR PL 22-01, certain Afghan parolees are eligible for ORR refugee benefits and services if they entered the United States with parole between July 31, 2021 and September 30, 2023. Afghan parolees who enter the United States outside of that time frame are not necessarily eligible for ORR refugee benefits and services.

The following relatives of ORR-eligible Afghan parolees are eligible for ORR refugee benefits and services if they are paroled into the United States after September 30, 2023:

  • Spouses or children of ORR-eligible Afghan parolees who entered the United States with parole between July 31, 2021 and September 30, 2023. Spouses and children are defined in section 101(b) of the Immigration and Nationality Act (INA) (8 U.S.C. § 1101(b) ).
  • Parent(s) or legal guardian(s) of an ORR-eligible unaccompanied child who entered the United States with parole between July 31, 2021 and September 30, 2021. An unaccompanied child is defined within 6 U.S.C. § 279(g)(2) .

Afghan nationals who have another ORR-eligible immigration status or category, such as refugee, Special Immigrant Visa (SIV) holder, or asylee, are eligible for ORR refugee benefits and services in the standard manner. They are not required to enter within a particular timeframe, nor is the duration of their eligibility affected by their immigration status or category.

Afghan Parolee Eligibility

ORR eligible Afghan ParoleesEligibility Requirements
PRIMARY            Afghan Parolee
  • Afghan citizen or national
  • Entered U.S. with parole
  • Between July 31, 2021 - September 30, 2023

 

relative Spouse or child
  • Meets definition of “spouse or child” of an ORR-eligible Afghan parolee per INA § 101(b) (8 U.S.C. § 1101(b) )
  • Entered/enters U.S. with parole
  • May enter after September 30, 2023

 

relative 

Parent or

legal guardian of unaccompanied child

  • Parent or legal guardian of an unaccompanied child parolee from Afghanistan who meets the definition in 6 U.S.C. § 279(g)(2)
  • Entered/enters U.S. with parole
  • May enter after September 30, 2023

 

 

III. Ukrainian parolee eligibility

As per ORR PL 22-13, certain Ukrainian citizens and nationals and non-Ukrainian individuals who last habitually resided in Ukraine are eligible for ORR refugee benefits and services if they entered the United States with parole between February 24, 2022 and September 30, 2024.3 Ukrainian parolees who arrive outside of the above time-frame are not necessarily eligible for ORR refugee benefits and services, even if they are travel-authorized through the United States Department of Homeland Security’s Uniting for Ukraine program.
 

The following relatives of ORR-eligible Ukrainian parolees are eligible for ORR refugee benefits and services, even if they are paroled into the United States after4 September 30, 2023:

  • Spouses or children of ORR-eligible Ukrainian parolees who entered the United States with parole between February 24, 2022 and September 30, 2024.5 Spouses and children are defined in section 101(b) of the INA (8 U.S.C. § 1101(b) ).
  • Parent(s) or legal guardian(s) or primary caregiver(s) of an ORR-eligible unaccompanied child from Ukraine who entered the United States with parole between February 24, 2022 and September 30, 2024.6An unaccompanied child is defined within 6 U.S.C. § 279(g)(2) .

Ukrainian nationals who have another ORR-eligible immigration status or category, such as refugee or asylee, are eligible for ORR refugee benefits and services in the standard manner. They are not required to enter within a particular timeframe, nor is the duration of their eligibility affected by their immigration status or category.

 

Ukrainian Parolee Eligibility

ORR eligible Ukrainian ParoleesEligibility Requirements
PRIMARY      Ukrainian Parolee
  • Ukrainian citizen or national or non-Ukrainian who last habitually resided in Ukraine
  • Entered U.S. with parole
  • Between February 24, 2022 - September 30, 20247

 

relative Spouse or child
  • Meets definition of “spouse or child” of an ORR-eligible Ukrainian parolee per INA § 101(b) (8 U.S.C. § 1101(b) )
  • Entered/enters U.S. with parole
  • May enter after September 30, 2023

 

relative 

Parent or

legal guardian or

primary caregiver of unaccompanied child

 

  • The parent or legal guardian or primary caregiver of an unaccompanied child parolee from Ukraine who meets the definition in 6 U.S.C. § 279(g)(2)
  • Entered/enters U.S. with parole
  • May enter after September 30, 2023

 

 

Please direct any questions about this DCL or Refugee Eligibility to the Refugee Policy Unit’s Eligibility inbox, at RefugeeEligibility@acf.hhs.gov.  We also encourage you to use ORR’s Technical Assistance provider(s) for additional resources on serving refugees. 

We appreciate all your work to support the wellbeing of these parolees and their family members.

 

Sincerely,

Kenneth Tota
Director, Refugee Programs
Office of Refugee Resettlement 

 

1 April 24, 2024: Additional legislative authority added

2 April 24, 2024: parole time-frame changed for Ukrainian parolees due to Ukraine Security Supplemental Appropriations Act, 2024.

3 April 24, 2024: parole time-frame changed due to Ukraine Security Supplemental Appropriations Act, 2024.

4 April 24, 2024: typo corrected.

5 April 24, 2024: parole time-frame changed due to Ukraine Security Supplemental Appropriations Act, 2024.

6 April 24, 2024: parole timeframe changed due to Ukraine Security Supplemental Appropriations Act, 2024.

7 April 24, 2024: parole timeframe changed due to Ukraine Security Supplemental Appropriations Act, 2024.