Securing Asylum for a Family in Hiding

After the US withdrawal from Afghanistan, Anya, a highly educated and dedicated OB-GYN physician, found herself targeted by the Taliban over her advocacy for family planning and her work in conducting reproductive health training courses for midwives and women doctors. Having practiced since 1998, Anya’s extensive medical experience allowed her to work as a child health survival officer of the United States government through a federal agency, USAID. She also worked for US nongovernmental organizations (NGOs) such as the United Nations Children’s Fund and the United National Population Fund. Fearing for her life as well as the safety of her loved ones, Anya was forced into hiding with her family when the Taliban captured her home city of Kabul and started bombing and burning schools and carrying out targeted killings of women doctors, students, and educators.

As the Taliban’s influence grew, Anya’s situation became increasingly dangerous, as she faced direct threats alongside her family and friends. She was left with few viable options. However, she learned that her work as a physician and experience working closely with NGOs connected to the US State Department made her eligible to apply for a Special Immigrant Visa (SIV). As the threat loomed over her husband and four children, Anya reached out to her relatives in the US asking for help and was able to submit a SIV application before going back into hiding.

In August 2021, Mintz Member and Pro Bono Committee Chair Sue Finegan and Immigration Practice Chair Jon Quill brought Anya’s case to attorney Peter Cuomo. At the time, several congressional offices were seeking assistance for some of their constituents’ relatives, and Mintz took on several matters, including Anya’s. Peter, along with attorney Evelyne Guillouet, former Practice Group Associate Juan Steevens, and former Project Analyst Joe Ort, took on Anya’s case with the express goal of securing Humanitarian Parole for her and her family. The team was aware of Anya’s SIV application, which they monitored, but focused on a Humanitarian Parole submission after the US government announced that it was going to welcome Afghan families and refugees through that process. That changed when it became clear that that path might no longer be a viable option, so the Mintz team swiftly shifted to securing the SIV approval for Anya and her family.

The team struggled to communicate with Anya as she remained in hiding — fearful for her life — with little cellular connection and often had to rely on a family contact in the US for updates. Despite these challenges, the Mintz team worked diligently to update critical parts of Anya’s SIV submission, and communicated actively with Congressman Jim McGovern’s office, who then designated Anya’s case as a congressional priority.

The complexity of the case intensified when Anya was subsequently approved and selected for an SIV interview, despite the absence of a functioning US embassy in Afghanistan. The Mintz team got involved and helped to facilitate transportation for the family to Pakistan for an eventual visa interview she secured in Islamabad, by maintaining constant communication with the Cooperative for Assistance and Relief Everywhere (CARE) organization, an international humanitarian agency. After the SIV interviews, Anya brought additional concerns to the Mintz team, who worked with CARE to provide support for Anya’s family. That included assistance with the required medical exams, as well as other final formalities while Anya’s application package slowly advanced through the system, and her exit was finally approved.

After three long years of persistent effort, the case concluded in September 2024. Anya and her family boarded a plane from Islamabad and are now safely living in Massachusetts.

The greatest challenge was coordinating the entire process while Anya remained in hiding and trying to provide assistance from half a world away while relying on sporadic and indirect communications through a family member. With the Mintz team’s persistence and commitment to ensure that every detail was carefully managed, we were able to help provide Anya and her family with the support they needed to get through this complex journey.

Peter J. Cuomo, Mintz Member

The hardest part of handling this case was navigating through a lengthy and difficult process that presented many serious roadblocks as the situation in Afghanistan deteriorated and the risks of the family being killed became alarmingly high. But as the Taliban progressed in controlling the entire country and it's persecution of women became increasingly severe, our team brought together a diverse set of backgrounds and skills that allowed us to overcome the challenges and bring the family to safety.

Evelyne G. Guillouet, Mintz Contract Attorney