Afghan Adjustment Act Creates Conditional Green Card Pathway, Extends SIV Program Through 2029

This legislation, officially named the Afghan Adjustment Act, is a major move to provide legal stability for Afghan nationals who helped the U.S. mission. It has two main goals: creating a new conditional permanent resident status for eligible Afghans already inside the U.S., and setting up a special, more efficient refugee process for at-risk allies still overseas. Crucially, it also extends the existing Special Immigrant Visa (SIV) program deadline by five years, pushing it out to 2029.

The Conditional Green Card: From Parole to Permanent Status

For thousands of Afghans who arrived in the U.S. after the 2021 withdrawal—many on temporary parole—Section 4 of this Act is the most significant change. It allows the Secretary of Homeland Security to adjust their status to a conditional permanent resident. To qualify, you must be an Afghan national who was inspected and admitted, or paroled in, between July 30, 2021, and the law’s enactment date. Think of it like a two-year probationary green card, except here, the conditions last longer.

This conditional status is a huge deal because it grants nearly all the rights of a lawful permanent resident, including work authorization and access to benefits. However, before the status becomes permanent, the Secretary must conduct a rigorous background check—as tough as the one used for the U.S. Refugee Admissions Program. The conditions can be removed (making the status permanent) starting in 2027 or four years after the person arrived, whichever is earlier. If you’re in this group, the good news is that the Act specifically waives fees for the initial documentation and employment authorization, removing a significant financial barrier (Sec. 4).

Cutting Through the Red Tape for Allies Abroad

For those Afghan allies still in danger overseas, the bill creates a special pathway under Section 5. It defines an “Afghan ally” broadly, covering everyone from interpreters and special forces members to female members of the Afghan National Defense and Security Forces who served for at least one year. These individuals are designated as refugees of “special humanitarian concern.”

The real game-changer here is that the State Department and Homeland Security must process these refugee applications remotely, even if the applicant is still inside Afghanistan. This bypasses the typical requirement that refugees must be outside their home country to apply, which has been a major bottleneck since the U.S. embassy closed. The Department of Defense is required to set up a secure online portal for applications and referrals within 180 days.

The SIV Lifeline Gets Extended

Section 7 addresses the long-running Special Immigrant Visa (SIV) program, which has been plagued by massive backlogs. The bill extends the deadline for issuing SIVs under the Afghan Allies Protection Act through fiscal year 2029. This extension provides a crucial safety net for the thousands of applicants currently stuck in the pipeline. It also allows for virtual interviews for certain steps of the SIV application process, which should help speed up processing times by eliminating the need for applicants to travel long distances for every required meeting.

Boosting Efficiency and Oversight

Recognizing the chaos of the past few years, the Act mandates several administrative improvements (Sec. 6). It requires the use of remote processing technology—like secure digital file transfers and video conferencing for interviews—to reduce wait times. It also creates an Interagency Task Force, chaired by the Secretary of State, to develop a long-term strategy for resettling Afghan allies and creating a contingency plan for future similar emergencies. This Task Force has to report back to Congress with detailed plans, including an estimate of the resources needed to clear the backlog.

One small but important detail in Section 6 is the ability to accept biometric data (like fingerprints) prepared by international groups or NGOs, not just U.S. government entities. This flexibility is designed to accelerate the vetting process, recognizing that sometimes a third party can collect the necessary data faster than a consulate.

The Caveats and Concerns

While this legislation is largely about providing relief, it grants the Secretary of Homeland Security significant case-by-case authority. Specifically, when granting or removing the conditional status, the Secretary retains broad discretion to deny the status if the applicant is found to be inadmissible under certain grounds, even with the specified waiver exceptions (Sec. 4). This means that even if you meet the basic eligibility criteria, the final decision hinges on passing a stringent background check, and the Secretary has the final say on who gets a waiver and who doesn't.

Another point for busy people to note: the Secretary can issue interim guidance on how to implement this massive change within 120 days of enactment, and this guidance is exempt from the usual public comment period required by the Administrative Procedures Act (Sec. 4). While this speeds up implementation, it means the public and advocacy groups have less initial input on the actual rules that govern the process. Finally, the bill gives the Secretary the ability to pause reviewing other immigration applications to focus on these adjustments, which could create temporary delays for non-Afghan related cases.