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The United States (U.S.) has a complex set of immigration and visa policies in place for citizens of various countries, including Palestinians and Israeli citizens. This article will take a closer look at the specific policies that apply to these two groups and the approximate number of visas and immigrants who are granted entry to the U.S. each year.
The process of obtaining a visa to enter the U.S. can be a challenging and lengthy one for Palestinians. This is largely due to the political situation in the Middle East and the ongoing conflict between Israel and Palestine.
Palestinians are considered stateless because the U.S. does not recognize Palestine (Gaza or the West Bank) as a country. The U.S. Citizen and Immigration Services (USCIS) defines a stateless person as one without a nationality. The U.S. Department of State (DOS) acknowledges the Palestinian Authority Passport as an official travel document under the Immigration and Nationality Act (INA) and therefore acceptable for visa-issuing purposes and travel to the U.S. However, the U.S. does not recognize the Palestinian Authority Passport as conferring citizenship.
For Palestinians to obtain a U.S. visa, they must get authorization from the Egyptian Government or a permit from Israel to travel to attend visa interviews or to travel through either country. In the past, getting these permissions has proved very difficult. The current active war in Israel and the closing of the Egyptian border make it impossible to leave Gaza.
Some of these challenges extend to Palestinians already residing outside Palestine. Palestinian refugees and asylum seekers can remain in that limbo of statelessness for many years in other countries, including the U.S., as they seek to gain legal status and become a member of their surrounding society.
It is important to note that the USCIS data does not have a specific designation for the Middle East in the region category, nor Palestine(Gaza or West Bank) in the country category. While one source states that Palestinians receive approximately 1,000 visas each year, it is unclear how many Palestinians can obtain visas or immigrate to the U.S. each year. The data includes an unknown designation for both the region and country categories that may account for Palestinians who are granted visas and immigrate to the U.S. Additionally, a large population of Palestinians has been displaced over the last 75 years. Consequently, the data for neighboring countries (such as Jordan, Lebanon, and Egypt), and other countries, in and outside the region may include Palestinians who have been granted visas or immigrated to the U.S.
The DOS, Bureau of Consular Affairs, announced on May 2, 2023, an increase from a three-year maximum to a five-year maximum visa validity period for many classes of nonimmigrant visas for Palestinian Authority Passport holders. The DOS states that this increase is to facilitate tourist, educational, and business travel, allowing Palestinians more opportunities to reconnect with family members in the U.S., to travel for studies, and to facilitate new opportunities for bilateral economic cooperation. With the recent events of Hamas' attack on Israel and the Israeli nonstop bombing of Palestine, it is highly unlikely that this policy will be effective or even remain in place.
Currently, The U.S. Palestinian Affairs Unit (PAU) Public Diplomacy Section provides opportunities for Palestinian students, including high school and university students, artists, civil society leaders, and professionals – to engage meaningfully with American peers and experts on a wide range of topics and facilitate exchange programs for Palestinians. This program allows for outstanding Palestinian students to study at U.S. high schools and universities, as well as Palestinian faculty, rising leaders, and professionals to work in the U.S.
For Israeli citizens, the process of obtaining a visa to enter the U.S. has been straightforward. This is due in part to the close relationship between the U.S. and Israel and the country's status as a key ally in the Middle East. Israeli citizens who wish to visit the U.S. for business, tourism, or other reasons usually apply for a non-immigrant visa online or through the U.S. embassy in Tel Aviv.
But on September 27, 2023, DOS announced that By "November 30, 2023, the Electronic System for Travel Authorization (ESTA) will be updated to allow citizens and nationals of Israel to apply to travel to the U.S. for tourism or business purposes for up to 90 days without having to obtain a U.S. visa." The Secretary of Homeland Security, Alejandro N. Mayorkas states that "this designation of Israel into the Visa Waiver Program is an important recognition of our shared security interests and the close cooperation between our two countries."
According to data from the USCIS, over 150 thousand and 350 thousand Israeli citizens and nationals were granted nonimmigrant visas to enter the U.S. in 2021 and 2022 respectively. Additionally, over seven thousand Israelis immigrated to the U.S. as Lawful Permanent Residents (LPR) in 2021 and 2022 combined.
Overall, the United States immigration and visa policies towards Palestinians and Israelis are complex and often influenced by political factors. The already challenging process for Palestinians to obtain a visa is now exacerbated by the Israel-Palestine war, leaving millions of Palestinians trapped. It is also a concern whether the war will affect the progress made by the U.S. to better its relationship with Palestine and upend the programs designed to help Palestinians.
This article was written by Plan Life Law, PLLC, a U.S. immigration, business, and estate law firm for general information purposes, and does not constitute a legal opinion, nor does it replace legal advice.
Disclaimer: This information is intended for general knowledge and informational purposes only, and does not constitute legal advice. It's essential to consult with an attorney for personalized guidance on your specific situation.
#immigration #Israelpalestine #asylum
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