Letter to Hon. Alejandro Mayorkas, Secretary of Homeland Security, and Hon. Ur Jaddou, Director of USCIS - Waive Afghan Humanitarian Parole Application Fees

Letter

Dear Secretary Mayorkas and Director Jaddou:

Given the extreme financial hardship and immediate danger facing Afghans fleeing to the
United States, we urge you to implement a blanket waiver on fees for Afghans and their families
when they apply for humanitarian parole into the United States, and we ask that you issue
guidance for applicants and attorneys who are applying for this status.

It is important to note that individuals processed as refugees are not subject to any fees,
and we believe the same standard should apply to parolees from Afghanistan. However, the
current fee facing Afghans who apply for humanitarian parole is $575 per applicant. Under
federal regulations, the Director of USCIS holds the authority to waive fees under 8 CFR
103.7(d) which states:

"the Director of USCIS may approve and suspend exemptions from any fee
required by paragraph (b)(1)(i) of this section or provide that the fee may be
waived for a case or specific class of cases that is not otherwise provided in this
section, if the Director determines that such action would be in the public interest
and the action is consistent with other applicable law."

While we understand that an application for a waiver can be filed on an individual basis
through an I-912 form, many applicants are justifiably concerned the additional filing and
adjudication time will slow down the processing time and require paperwork they do not have in
order to show financial hardship. In addition, if parole is authorized, a second fee for the DS-160
form of $160 must also be paid to the Department of State for a nonimmigrant visa. This means
each individual attempting to be considered for humanitarian parole must pay $735 in fees to
reach safety.

The burden of application fees is weighing heavily on communities here in the United
States. Families and friends of Afghans who are trying to apply for humanitarian parole are
shouldering payments and are being forced to make difficult financial decisions. Some have even
appealed to local governments to help them cover the costs of these fees.

For these reasons, we urge you to implement a blanket waiver on fees for humanitarian
parolees from Afghanistan and to expedite their applications. We also urge you to issue clear
guidance so that applicants and attorneys can understand what options are available to them and
if they qualify for humanitarian parole and a waiver.

In addition, we ask that you provide answers to the following questions no later than
October 11, 2021:

1. How many Afghan nationals have applied for humanitarian parole since August 1,
2021?

2. How many humanitarian parole applications have been approved since August 1,
2021?

3. How many requests for fee waivers were made by Afghan nationals applying for
humanitarian parole since August 1, 2021?

4. Please provide the status of those fee waiver requests including whether they have
been granted, denied, or are pending review.

5. Does USCIS plan to issue guidance on the fees associated with humanitarian parole?

6. Has USCIS considered implementing a blanket fee waiver for Afghan humanitarian
parole requests? If so, what, if any barriers, are preventing USCIS from engaging in
immediate implementation?

Thank you for your attention to this matter.