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Ukrainians in the United States: TPS, Uniting for Ukraine (U4U), and Your Best Immigration Options in 2026

July 19, 2026

Ukrainians in the United States: TPS, Uniting for Ukraine (U4U), and Your Best Immigration Options in 2026

For hundreds of thousands of Ukrainians living in the United States, the last several years have brought both hope and uncertainty. Many entered through Uniting for Ukraine (U4U) or received Temporary Protected Status (TPS) after Russia’s invasion. While these programs provided critical humanitarian relief, many Ukrainians are now asking the same question:

“What happens next?”

If your U4U parole is expiring, your TPS is pending, or you are worried about future policy changes, now is the time to develop a long-term immigration strategy.

As an experienced New York immigration lawyer, I strongly recommend that Ukrainians explore every available immigration option before they find themselves out of status. Waiting until benefits expire may significantly limit your choices.

This guide explains the most important immigration pathways available today, including:

  • Temporary Protected Status (TPS)
  • Uniting for Ukraine (U4U)
  • Ukrainian asylum
  • Adjustment of Status
  • T Visa
  • EB-1 Extraordinary Ability
  • EB-2 National Interest Waiver (NIW)

Why TPS and U4U Should Not Be Your Long-Term Immigration Plan

TPS and humanitarian parole were created as temporary humanitarian protections.

Neither automatically leads to a green card.

Many Ukrainians mistakenly believe they will simply be allowed to remain in the United States indefinitely.

Unfortunately, immigration law does not work that way.

Government policies change.

Federal court decisions change.

Administrations change.

The smartest strategy is to use TPS or U4U as time to qualify for a permanent immigration benefit.

Understanding U4U (Uniting for Ukraine)

The Uniting for Ukraine (U4U) program allowed eligible Ukrainians to enter the United States through humanitarian parole.

Humanitarian parole:

  • allows lawful presence
  • authorizes employment
  • permits obtaining a Social Security Number
  • allows driver’s licenses in many states

However, parole is not an immigration status and generally does not create a direct path to permanent residence.

Many Ukrainians now face:

  • pending parole extensions
  • uncertainty regarding future renewals
  • changing government priorities

If your parole expires without another legal basis to remain, you could begin accruing unlawful presence depending on your circumstances.

This is why long-term planning is essential.

Temporary Protected Status (TPS) for Ukrainians

TPS has protected many Ukrainians already present in the United States.

TPS generally provides:

  • protection from removal
  • employment authorization
  • ability to remain during the designation period

However:

TPS is temporary.

Congress did not design TPS to become permanent residency.

Each redesignation or extension depends upon future governmental decisions.

Many TPS holders ask:

“Can TPS become a green card?”

Usually, no.

Instead, TPS often serves as a bridge while pursuing another immigration benefit.

If Your TPS or U4U Is Pending

Many Ukrainians currently have:

  • pending TPS applications
  • pending EAD renewals
  • pending U4U extensions
  • overlapping benefits

While applications remain pending, many individuals continue to receive important protections depending on their circumstances.

Nevertheless, pending applications should never be your only immigration strategy.

If your TPS or parole were denied tomorrow, what would your backup plan be?

That question should be answered today—not after receiving bad news.

Option One: Ukrainian Asylum

For many Ukrainians, asylum remains one of the strongest long-term options.

Who May Qualify?

Every asylum case is different.

Simply being Ukrainian is not enough.

Instead, asylum requires proving persecution or a well-founded fear of persecution based upon one of five protected grounds:

  • political opinion
  • nationality
  • religion
  • race
  • membership in a particular social group

Many Ukrainians May Have Strong Claims

Examples include:

  • outspoken criticism of Russian occupation
  • refusal to cooperate with occupation authorities
  • journalists
  • human rights activists
  • local officials
  • military volunteers
  • religious minorities
  • LGBTQ individuals
  • persons assisting the Ukrainian military
  • individuals targeted because of family members

Each case must be analyzed individually.

The One-Year Filing Deadline

One concern many Ukrainians have involves the asylum filing deadline.

Generally, asylum should be filed within one year after arrival.

However, important exceptions exist.

Maintaining lawful status—such as TPS or humanitarian parole—may, depending on the facts, support an argument that an exception to the one-year deadline applies. Every case is fact-specific, and you should seek individualized legal advice before relying on an exception.

This issue has become increasingly important for Ukrainians who entered under U4U.

Benefits of Asylum

Successful asylum applicants may receive:

  • protection from deportation
  • work authorization
  • ability to petition for spouse and children
  • permanent residence after one year
  • eventual U.S. citizenship

Option Two: Adjustment of Status

Some Ukrainians already qualify for green cards through family or employment.

Examples include:

Marriage to a U.S. Citizen

Many U4U beneficiaries later marry U.S. citizens.

Depending on eligibility and the facts of the case, they may be able to adjust status in the United States.

Every case requires a careful review of the individual’s manner of entry, immigration history, and any applicable legal requirements.

Adult Children

Parents of adult U.S. citizens may also qualify in certain circumstances.

Employment-Based Adjustment

Some Ukrainians receive employer sponsorship through:

  • EB-2
  • EB-3
  • EB-1

These options may provide permanent residence.

Option Three: EB-2 National Interest Waiver (NIW)

One of the fastest-growing immigration options for Ukrainians is the EB-2 National Interest Waiver.

Unlike traditional employment sponsorship:

You may not need:

  • labor certification
  • permanent job offer
  • employer sponsorship

You may self-petition.

Who Qualifies?

Many professionals qualify, including:

  • engineers
  • physicians
  • researchers
  • software developers
  • cybersecurity professionals
  • entrepreneurs
  • scientists
  • AI experts
  • business owners
  • professors
  • architects
  • economists

The key question is whether your proposed work has substantial merit and national importance and whether, under the applicable legal framework, it is appropriate to waive the job offer and labor certification requirements.

Why Ukrainians Should Consider NIW

Many Ukrainians already possess:

  • advanced education
  • specialized skills
  • international experience
  • entrepreneurial backgrounds

Those qualifications may make them strong NIW candidates.

Option Four: EB-1 Extraordinary Ability

Some Ukrainians may qualify for one of the most prestigious employment-based green cards.

EB-1 Extraordinary Ability is available to individuals demonstrating sustained national or international acclaim in their field.

Examples include:

  • scientists
  • physicians
  • artists
  • athletes
  • musicians
  • executives
  • entrepreneurs
  • inventors
  • researchers

The standard is high, but many applicants underestimate the strength of their achievements.

Publications, awards, judging the work of others, original contributions, patents, media coverage, leadership roles, and high salaries are among the types of evidence that may support an EB-1 petition.

Option Five: T Visa

Some Ukrainians became victims of trafficking after fleeing the war.

Sadly, displacement creates opportunities for exploitation.

The T Visa may be available to victims of severe forms of human trafficking who meet the statutory requirements.

Examples include:

  • forced labor
  • domestic servitude
  • labor exploitation
  • commercial sexual exploitation
  • coercion through threats

Benefits may include:

  • lawful status
  • employment authorization
  • certain derivative benefits for qualifying family members
  • possible adjustment to permanent residence after meeting eligibility requirements

Trafficking survivors should seek experienced legal representation as early as possible.

Can You Pursue More Than One Option?

Often, yes.

Many Ukrainians pursue:

  • TPS while preparing asylum
  • EB-2 NIW while maintaining TPS
  • marriage-based adjustment while holding parole
  • asylum together with employment options when legally appropriate

Having multiple legal strategies may provide additional protection if one pathway becomes unavailable.

Why Waiting Can Be Dangerous

Many people delay because they believe:

“The government will extend TPS.”

Perhaps.

Perhaps not.

Others believe:

“I’ll file later.”

Immigration laws change.

Processing times change.

Programs end.

Evidence becomes harder to collect.

Witnesses disappear.

Documents become unavailable.

The strongest cases are usually built before an emergency occurs.

Frequently Asked Questions

Can U4U lead directly to a green card?

Not by itself. However, many U4U beneficiaries later become eligible through marriage, employment, asylum, or other immigration categories.

Can TPS become permanent residence?

TPS alone does not create a direct path to a green card. A separate immigrant category is generally required.

Should I file asylum if I already have TPS?

Possibly. Every case requires an individualized legal analysis, including review of the one-year filing deadline and any applicable exceptions.

Can I apply for EB-2 NIW while on TPS?

Many individuals in lawful temporary status may pursue employment-based immigrant petitions, but eligibility for adjustment of status depends on the specific facts and the applicable law.

What if my TPS application is still pending?

Do not rely solely on a pending application. Explore all other immigration options that may be available to you.

Final Thoughts

The immigration landscape for Ukrainians in the United States continues to evolve. While TPS and Uniting for Ukraine (U4U) have provided vital humanitarian protection, they are not guaranteed permanent solutions. If you are concerned about a pending TPS application, the future of U4U, or your family’s long-term security, now is the time to evaluate every available pathway.

Whether your future lies in Ukrainian asylum, Adjustment of Status, EB-1 Extraordinary Ability, EB-2 National Interest Waiver, or a T Visa, developing a proactive legal strategy today can make all the difference tomorrow.

An experienced immigration lawyer can help you identify the strongest option based on your education, employment history, family relationships, humanitarian circumstances, and long-term goals.

Asylum for Ukrainians in the United States: What You Need to Know in 2026

July 11, 2026

Asylum for Ukrainians in the United States: What You Need to Know in 2026

By Alena Shautsova, New York Immigration Lawyer

Asylum For Ukrainians
Asylum For Ukrainians

The war in Ukraine has forced millions of people to flee their homes. Many Ukrainians came to the United States through Uniting for Ukraine (U4U), while others entered with visas, parole, or later obtained Temporary Protected Status (TPS).

One of the most common questions I receive is:

“Can I still apply for asylum?”

The answer is yes—but it is much more complicated than simply proving that there is a war in Ukraine.

Asylum law has become increasingly technical. Recent decisions by the Board of Immigration Appeals (BIA) have made it even more important to prepare an asylum application carefully from the very beginning. A successful asylum case today requires a strategic legal analysis of filing deadlines, protected grounds, credibility, and evidence.

If you are considering filing for asylum, this article explains the three major issues that every Ukrainian applicant should understand.

Step One: The One-Year Filing Deadline

One of the biggest obstacles in many Ukrainian asylum cases is the one-year filing deadline.

Generally, U.S. immigration law requires that an asylum application be filed within one year of the applicant’s last arrival into the United States. INA §208(a)(2)(B). However, Congress also recognized that some applicants have legitimate reasons for filing later. The law therefore allows exceptions for changed circumstances and extraordinary circumstances, provided the application is filed within a reasonable period after those circumstances arise.

Many Ukrainians understandably delayed filing because they were lawfully present in the United States through other humanitarian programs.

Examples include:

  • Uniting for Ukraine (U4U) parole
  • Temporary Protected Status (TPS)
  • Student status
  • Employment visas
  • Other lawful immigration status

Maintaining lawful status or another authorized form of stay may, depending on the facts of the case, support an argument that the applicant qualifies for an exception to the one-year filing deadline. Whether such an exception applies depends on the individual circumstances and should be evaluated carefully.

Can TPS Help?

For many Ukrainians, TPS has provided temporary protection from removal and work authorization.

However, TPS is not permanent immigration status.

If TPS eventually ends or circumstances change, that change may become legally significant for asylum purposes. Likewise, maintaining TPS or U4U parole may help explain why an individual did not immediately seek asylum after arrival, depending on the specific facts of the case.

Every situation is different. There is no automatic rule that TPS or U4U excuses a late filing, but these programs frequently become an important part of the legal analysis.

This is one of the first issues an experienced asylum lawyer should evaluate before preparing the asylum application.

Step Two: You Must Prove Persecution on a Protected Ground

Many people mistakenly believe that being from a country experiencing war automatically qualifies them for asylum.

Unfortunately, that is not how U.S. asylum law works.

To qualify for asylum, the applicant must prove persecution or a well-founded fear of persecution because of one of five protected grounds:

  • Political opinion
  • Religion
  • Nationality
  • Race
  • Membership in a particular social group

The persecution must occur because of one or more of these protected grounds—not simply because of generalized violence or armed conflict.

Political Opinion

Political opinion remains one of the strongest grounds in many Ukrainian asylum cases.

Examples may include:

  • Opposition to Russian occupation
  • Public criticism of Russian authorities
  • Support for Ukrainian independence
  • Participation in political demonstrations
  • Volunteer work supporting the Ukrainian military
  • Collection of humanitarian aid
  • Public social media activity

Political opinion cases often require extensive documentation showing:

  • what the applicant believed,
  • what the persecutors believed,
  • why they targeted the applicant.

Imputed Political Opinion

Sometimes the applicant never publicly expressed political views.

That does not necessarily defeat the asylum claim.

The persecutor may simply believe that the applicant supports Ukraine, opposes Russia, or belongs to a political movement.

This is called imputed political opinion, and it is recognized under U.S. asylum law.

For example:

  • relatives of Ukrainian soldiers,
  • family members of local officials,
  • journalists,
  • volunteers,
  • individuals living in occupied territories,

may be viewed by persecutors as political opponents even if they never considered themselves politically active.

The persecutor’s perception is often just as important as the applicant’s own beliefs.

Religion

Religion can also serve as the basis for asylum.

Examples may include persecution because of:

  • religious affiliation,
  • participation in certain churches,
  • refusal to abandon religious beliefs,
  • discrimination in occupied territories because of faith.

Again, the key question is not whether discrimination exists generally, but whether this applicant was targeted because of religion.

Membership in a Particular Social Group

Another possible basis involves membership in a particular social group (PSG).

Developing a legally viable PSG requires careful legal analysis.

The proposed group must satisfy the legal requirements developed through decades of asylum case law.

Examples may include carefully defined family-based groups or other narrowly tailored social groups, depending on the individual facts. Simply belonging to a broad category of people affected by the war is usually not enough.

Every Ukrainian Case Is Different

No two asylum cases are identical.

One person may qualify because of political opinion.

Another because of religion.

Another because persecutors falsely believed the person supported the Ukrainian government.

Another because of membership in a legally recognized social group.

The legal theory should always be built around the applicant’s actual experiences—not around a generic description of conditions in Ukraine.

Step Three: Proving Past Persecution Has Become Increasingly Important

Recent Board of Immigration Appeals decisions continue to emphasize that asylum applicants must present detailed, credible, and legally sufficient evidence establishing that the harm they suffered rises to the level of persecution and that there is a nexus between that harm and a protected ground.

Many applicants assume that telling their story is enough.

Unfortunately, today’s asylum practice requires much more.

You should be prepared to provide evidence such as:

  • medical records,
  • police reports,
  • photographs,
  • witness statements,
  • military records,
  • news articles,
  • social media evidence,
  • psychological evaluations,
  • country condition reports,
  • expert opinions where appropriate.

The stronger the documentation, the stronger the asylum case becomes.

Small Details Can Win—or Lose—an Asylum Case

Immigration Judges frequently evaluate:

  • consistency between interviews,
  • written declaration,
  • supporting evidence,
  • testimony,
  • prior immigration filings.

Small inconsistencies can become significant if they affect important facts.

That is why preparing testimony carefully is essential.

Matter of M-A-F-: Be Careful When Updating Your Asylum Application

Another important case every asylum applicant should understand is Matter of M-A-F-, 26 I&N Dec. 651 (BIA 2015).

Many people assume they can simply “update” an asylum application whenever new events happen.

Sometimes they can.

Sometimes they cannot.

Matter of M-A-F- explains that an amended asylum application may actually be treated as an entirely new asylum application if it presents a new basis for relief or relies on substantially different facts. When that happens, the filing date of the later application can control for purposes of the one-year filing deadline and other legal issues. By contrast, amendments that merely clarify or modestly supplement the original claim generally remain amendments rather than new applications.

This distinction has become increasingly important in recent litigation involving motions to pretermit asylum applications based on timeliness.

For Ukrainians, this means that if significant events occur after the initial filing, you should not simply prepare a new declaration without understanding the legal consequences.

The strategy must be planned carefully.

Practical Tips for Ukrainians Considering Asylum

Do not wait until your immigration status expires.

Waiting often creates unnecessary legal complications.

Preserve evidence.

Save:

  • photographs,
  • text messages,
  • emails,
  • Telegram conversations,
  • Facebook posts,
  • videos,
  • military documents,
  • medical records,
  • proof of volunteer activities.

You may need them years later.

Tell the complete story.

Many applicants leave out important events because they think they are unimportant.

Sometimes those overlooked facts become the strongest part of the case.

Think about protected grounds first.

The strongest asylum applications are organized around the legal requirements—not simply around a chronological story.

Be consistent.

Every document submitted to USCIS or Immigration Court should accurately reflect your history.

Consistency builds credibility.

Work with an experienced asylum lawyer.

Modern asylum law changes constantly.

Recent BIA precedent decisions continue to reshape issues involving filing deadlines, credibility, nexus, and proof of persecution. A well-prepared legal strategy can make a significant difference in the outcome of your case.

Final Thoughts

Ukrainians continue to face unique immigration challenges.

Some remain protected through TPS.

Others entered through Uniting for Ukraine.

Many are now wondering what comes next.

Asylum may be available—but success depends on much more than showing that Ukraine remains dangerous.

Your attorney must carefully analyze:

  • whether the one-year filing deadline can be overcome,
  • which protected ground best fits your case,
  • how to prove past persecution,
  • whether the evidence is sufficient,
  • how recent BIA precedent affects your application,
  • whether any amendments to the asylum application could trigger issues under Matter of M-A-F-.

Every asylum case deserves an individualized legal strategy.

Contact an Experienced New York Asylum Lawyer

If you are a Ukrainian national considering asylum in the United States, do not assume that your case is either automatically strong or automatically impossible. The right legal strategy often begins with a careful review of your immigration history, your evidence, and the most recent developments in asylum law.

At the Law Office of Alena Shautsova, I personally evaluate each case, identify potential one-year filing deadline issues, analyze the strongest protected grounds, and prepare asylum applications designed to withstand close scrutiny under today’s legal standards.

If you would like experienced guidance with your asylum case, contact my office today to schedule a consultation. Together, we can evaluate your options and develop the strongest possible strategy to protect your future in the United States. CALL 917 885 2261.

Matter of Bain: Discretion & Criminal History in Cancellation of Removal

November 8, 2025
New York Deportation lawyer

Matter of Bain: Discretion & Criminal History in Cancellation of Removal

In Matter of Bain, the Board of Immigration Appeals (BIA) reviewed a case involving a lawful permanent resident (LPR) from the Bahamas who sought cancellation of removal under § 240A(a) of the Immigration and Nationality Act (INA) (8 U.S.C. § 1229b(a)). The applicant had satisfied the statutory eligibility requirements (including the residency and LPR admission) and the immigration judge (IJ) granted the relief. The Department of Homeland Security (DHS) appealed, and on February 6, 2025, the BIA reversed the IJ’s decision and ordered the respondent removed. The Attorney General later designated Matter of Bain as a binding precedent (May 23, 2025). Department of Justice

Under INA § 240A(a), cancellation of removal for LPRs requires three elements: (1) LPR status for at least five years, (2) continuous residence in the U.S. for at least seven years after admission, and (3) no conviction for an aggravated felony. Even when those boxes are checked, the applicant must still convince the decision-maker that they deserve relief in the exercise of discretion.

What the BIA Held

The BIA in Matter of Bain found that although the respondent met statutory eligibility, he did not merit cancellation of removal when exercising discretion. The key reasons were:

  • The respondent had recent, serious and repeated criminal convictions, specifically multiple counts of selling or delivering controlled substances (including cocaine, fentanyl, heroin) in 2019-2020. Department of Justice
  • The respondent had not demonstrated adequate rehabilitation in light of his criminal history.
  • Although the respondent had positive equities (length of residence in the U.S., family ties, employment), these were insufficient to offset the severity and recency of his conduct.
  • The BIA reaffirmed that in discretionary relief settings, when negative factors are particularly weighty, the applicant must present outstanding or unusual positive factors to tip the balance. (Citing earlier precedents such as Matter of C-V-T-). Department of Justice
  • The BIA reviewed the IJ’s factual findings for clear error, but reviewed the discretionary decision de novo (fresh review). Department of Justice

Why It Matters

Since the decision was designated as precedent, Matter of Bain sends a strong message to immigration judges, practitioners, and non-citizens seeking cancellation of removal:

  1. Criminal Conduct Timing & Recurrence Matter – Recent and repeat convictions weigh heavily against discretionary relief.
  2. Rehabilitation Must Be Demonstrated – Mere expression of regret is not enough; evidence of change, treatment, community contribution is critical.
  3. Positive Equities Alone May Not Suffice – Long residence and family ties, though important, may not overcome serious criminal history without compelling offsetting factors.
  4. Discretion Is Key – Even eligible applicants must persuade the adjudicator they should receive relief.

Practical Implications for Applicants

If you are an LPR facing removal and hoping to apply for cancellation under § 240A(a):

  • Inventory all criminal history. Note dates, nature of offenses, any patterns of recidivism.
  • Gather strong evidence of rehabilitation (e.g., completion of treatment programs, steady employment, letters of support, community service).
  • Build a robust presentation of positive equities (family ties, long U.S. residence, hardship to family, contributions to community).
  • Be prepared to argue how your positive factors outweigh the negative record. If the negative record is strong, you may need “extra-ordinary” positive factors to succeed.
  • Recognize that even if statutory eligibility is proven, discretionary denial is possible—and precedent like Matter of Bain indicates what kinds of records will trigger denial.

Takeaway

Matter of Bain clarifies that in LPR cancellation-of-removal cases, the BIA will scrutinize recent and serious criminal conduct and require convincing rehabilitation before granting relief. For practitioners and respondents, this means eligibility is just the first step; the exercise of discretion is equally critical—and must be approached as such.

If you would like assistance analyzing a cancellation of removal case in light of Matter of Bain—evaluating your criminal record, rehabilitation evidence, and how to frame your discretionary argument—please contact my office at 917-885-2261 or visit shautsova.com. I help clients map their risks and prepare strongly for removal proceedings.

Attorney Advertising. Past results do not guarantee future outcomes.

Renewing Your Work Permit: Essential Guide for Immigrants in the USA

November 2, 2025

As an experienced New York immigration lawyer serving clients from Russia and Ukraine and around the world, I understand the stress you face when your employment authorization is nearing expiration. For high-income professionals, families supporting children, or asylum-seeking individuals, losing your ability to work legally in the United States can mean financial uncertainty, job-loss risk, and emotional strain. That’s why renewing your work permit (Employment Authorization Document or EAD) through U.S. Citizenship and Immigration Services (USCIS) must be taken seriously—and done well.

In this blog I’ll walk you through how to renew your work permit, focusing on the latest policy changes, what has shifted in 2025, the filing process for the form Form I‑765, filing fees, important deadlines, and practical tips to avoid gaps in your work authorization. I’ll also explain how the recent elimination of automatic extensions affects you—and what steps you should take now to stay protected.

1. Why renewing your work permit matters

If your EAD is about to expire, you may not be able to continue working legally in the U.S. without a timely renewal. For many immigrants—especially recent arrivals, those in asylum or adjustment of status processes, or spouses of visa-holders—work authorization is the foundation of their livelihood, family support, and integration.

When you fail to renew on time or allow a gap in employment authorization, consequences may include:

  • Loss of employment and income.
  • Employer may no longer accept your expired document for Form I-9 verification.
  • A gap in legal work may affect your immigration case or eligibility for future benefits.
  • Stress and disruption in your career and family life.

I help clients for whom work authorization is critical: those filing asylum, VAWA, waivers, EB2 NIW, EB1 or O1 visas. Renewing your EAD properly is a key step to maintaining stability while your immigration case progresses.

2. What has changed: No more automatic extensions

A major update has occurred: Until now, many renewal applicants were eligible for an automatic extension of up to 540 days while their renewal application was pending. E-Verify+3USCIS+3USCIS+3
But as of October 30, 2025, for most renewal applications filed on or after that date, this automatic extension will no longer apply.

In other words: if you file your renewal after the cutoff, you cannot assume you will be authorized to keep working simply because you filed on time. You must hold a valid EAD or face the risk of unauthorized employment (which in turn could harm your immigration case).

Here are the key take-aways:

  • If you timely filed your renewal before your current EAD expired and before October 30 2025, you may still be covered by the automatic extension rules.
  • If you file on or after October 30, 2025, and you are in an eligibility category that previously benefited from automatic extensions, your continued work authorization may end on the expiration date of your current EAD unless your renewal is approved.
  • Certain limited categories (for example, some TPS beneficiaries) may still be subject to automatic extension rules under regulation or Federal Register notices—but you must check your specific category. USCIS+1

Why this matters particularly for you:
If you are a Russian national, Ukrainian national, or immigrant in asylum/adjustment/VAWA/EB2 NIW situations—many of whom rely on EADs—you cannot rely on “just having filed” to keep working. You need positive steps now.

3. The renewal process: How to file Form I-765

Let’s walk through the steps of renewing your EAD using Form I-765—the core filing you must complete.

Step A: Confirm your eligibility and category
Visit the USCIS Form I-765 page. USCIS
You need to know your “Eligibility Category” code (such as (c)(9) adjustment of status, (c)(8) asylum applicant, etc.). Use the Form I-765 instructions for guidance. USCIS

Step B: Timing – when to file
USCIS advises: if you wish to renew, you should file Form I-765 within 6 months of the expiration date of your current EAD. USCIS
But given the removal of automatic extensions, I recommend filing as early as allowed—for many, up to 180 days before expiration, provided you still meet eligibility. This gives you more time and reduces risk of a gap.

Step C: Gather required documents
From USCIS’s checklist: USCIS
Typical documents for renewal include:

  • Copy of your current EAD (front and back).
  • Copy of your Form I-94 or other proof of your status or pending application.
  • Two passport-style photos (if required).
  • Signed and dated Form I-765 from the correct edition.
  • Filing fee (or fee waiver request if applicable).
  • If applicable, Form G-1145 for e-notification.
  • A mailing address where you can reliably receive mail from USCIS.

Step D: Complete the form carefully
On Part 1 of Form I-765, select “Renewal of my permission to accept employment.”
Be sure to complete all fields accurately, use correct edition of the form, and sign the form. Mistakes or outdated editions often cause delays or rejections.

Step E: File online or by mail
If your category allows, you may file online through your USCIS account. Otherwise, you must send the paper application to the correct address. Use the “Direct Filing Addresses for Form I-765” page. USCIS
Ensure you are mailing to the correct lockbox for your category and location; if you send to the wrong address, your case may be delayed or rejected.

Step F: Track your case and respond promptly
Once filed, USCIS will issue a receipt notice (Form I-797C). Use your receipt number to track status online via “Check Case Status.”
If you receive a Request for Evidence (RFE), respond promptly before deadline. Delays can lead to a denial and increase risk of employment gap.

4. New risks and how to avoid employment gaps

Given the elimination of automatic extensions for many, you must be more proactive than ever. Here are key risk-points and how to manage them:

Risk 1: Filing late or too close to expiration
If you file very close to your current EAD’s expiration, you risk that the renewal decision may not arrive in time—and without automatic extension you may lose work authorization.
Tip: File as early as your eligibility allows—ideally 90-180 days before expiration.

Risk 2: Assuming you have an automatic extension when you do not
If your category was eligible for automatic extension before but now you file after Oct 30, 2025, you cannot assume it applies.
Tip: Double-check your eligibility category and when your renewal is filed. If unsure, stop working when your EAD expires until you have a valid EAD in hand (or legal reason you are covered).

Risk 3: Job interruption harming your immigration case
Working without valid authorization can jeopardize your underlying immigration status or future benefits.
Tip: Keep proof of filing, maintain documentation of your renewal, and stay out of unauthorized employment. If there is a gap, speak with your immigration counsel immediately.

Risk 4: Address changes = missing your card
If your address changes after filing, USCIS may send your card to the old address and your employer will flag you as unauthorized.
Tip: Update your address via USCIS and USPS. Use an address where you reliably receive mail.

Risk 5: Employers not understanding the rule change
Some employers may rely on old policies of automatic extensions and continue employment based on old assumptions. Now they must verify that the EAD is valid or that you hold a receipt for a timely-filed renewal and the category is still eligible (if applicable). USCIS
Tip: Provide your employer with your receipt notice and, if relevant, confirm eligibility for automatic extension. Discuss the rule change with your HR or immigration compliance officer.

5. Special categories and considerations

Here are some special situations to keep in mind:

  • Asylum applicants: If you are in the U.S. filing or have filed for asylum, you may be eligible for an EAD under category (c)(8). When renewing, ensure you are in the correct classification and file timely.
  • Adjustment of Status (Form I-485) applicants: If you have a pending I-485 and hold a renewal EAD (typically (c)(9)), you must renew ahead of expiration.
  • Spouses of H-1B (H-4 EAD), L2 EAD, etc.: These may also hold EADs and must observe this new policy.
  • Temporary Protected Status (TPS) beneficiaries: Some TPS renewal applicants may still obtain automatic extension if regulation allows; check the TPS designation and latest USCIS guidance.
  • Non-immigrant work visa holders: If your work authorization is based on a non-immigrant employment classification (e.g., L-2, E-2, O-3) rather than an EAD, you should consult counsel about renewal or extension differently.
  • Immigrants in high-income professional roles: If you are relying on your EAD to continue employment in a high-paying position (especially relevant for your audience of $50k+ income, Russian nationals, etc.), losing employment authorization could trigger job-loss, family stress, or visa status changes. Prioritize renewal.

6. Practical checklist: What to do in the next 30-90 days

Here’s a practical action plan you can implement now:

  1. Review your current EAD card. Note the “Card Expires” date and your Eligibility Category Code.
  2. Determine when you become eligible to file—some categories allow up to 180 days before expiration.
  3. Decide whether to file online or by mail. If by mail, locate the correct lockbox for your category (see USCIS address list).
  4. Collect supporting documents: current EAD copy, I-94, passport ID page, photos, filing fee or waiver, Form G-1145.
  5. Complete the correct edition of Form I-765 (check edition date at bottom of form) and sign it.
  6. File the application. Keep copies of everything and your postal/tracking information if mailed.
  7. Within days after filing, update your employer (HR or immigration compliance) and provide them with your receipt notice. Explain the changed rule and confirm your current employment authorization status.
  8. Monitor the case online. If you receive an RFE, respond quickly.
  9. In case the filing is very late (close to expiration) and there is a risk of a gap: consult counsel about contingency planning (e.g., changing to another visa category, filing expedited request if urgent).
  10. Change of address? Submit the change via USCIS and USPS promptly to ensure timely delivery of your EAD.
  11. After approval, update your Form I-9 at work if required. Provide your employer a copy of the new EAD.
  12. Keep a digital and physical copy of your EAD, renewal receipt, and file in a secure place.

7. Why hiring a New York immigration lawyer makes a difference

As you navigate this renewal process—and especially in light of the new no-automatic-extension rule—you’ll want experienced guidance. That’s where I come in:

  • My law firm focuses on immigration law in New York, serving Russian nationals, asylum seekers, EB2 NIW and EB1/O1 visa candidates, VAWA/self-petitioners, and individuals seeking waivers or citizenship.
  • I stay current with the latest updates at USCIS, including policy changes such as the termination of automatic EAD extensions.
  • I provide practical, step-by-step advice (not just legal theory) to ensure your work authorization remains valid, your job remains secure, and your immigration case remains on track.
  • You’ll benefit from my track record of successful outcomes, my bilingual service (Russian & English), and my commitment to clear communication.
  • If you feel uncertain about your eligibility, timing, or how the rule change affects your situation, a consultation may save you time, money, and risk.

8. Final reminders

  • Don’t wait until your EAD is days from expiration to think about renewal. With the automatic extension rule gone for many filings, you risk unauthorized employment.
  • Document everything: Notice of filing, tracking information, receipt number, correspondence with employer, proof of mailing.
  • Inform your employer and ensure they know you’ve filed and your status. If your authorization lapses, you must stop working until you have valid documentation.
  • Stay updated: USCIS issues alerts and changes may occur. Always refer to the official site rather than relying on second-hand sources.
  • Get counsel if you: have criminal history, disciplinary issues, complex immigration background, or are unsure about your category.
  • Maintain your immigration case momentum: work permit renewal is just one part of your broader immigration journey (asylum, adjustment, VAWA, EB2 NIW, citizenship). A lapse undermines that journey.

As a top New York Immigration lawyer dedicated to helping high-income immigrants, recent arrivals, and families from Russia, Ukraine, and beyond, I’m here to guide you through this crucial step. If you need help assessing your eligibility for work permit renewal, preparing Form I-765, avoiding employment gaps, or aligning your renewal with your larger immigration strategy—I’m ready to assist.

📞 Call me today at 917-885-2261 for a consultation and let’s make sure your work authorization remains uninterrupted and your immigration goals stay on track.

What Happens If Your Marriage Falls Apart Before You Remove Conditions on Your Green Card?

October 24, 2025
Best Green card lawyer New York
Conditional Green Card

As an immigration lawyer with experience assisting recent immigrants, I understand how stressful it can be when a marriage ends, and you hold a conditional green card based on that marriage. If you received your green card through marriage to a U.S. citizen or lawful permanent resident and your marriage is less than two years old at the time your status was granted, you hold a conditional green card. Under U.S. immigration law you must take steps to convert it into a “10-year” permanent resident card — that step is filing Form I‑751, Petition to Remove Conditions on Residence, within the proper time-window.

But what happens if your marriage falls apart before you file that petition (or while it’s pending)? Let’s break it down clearly, so you know your rights, your options, and most importantly what you should do now.

1. Why you received a conditional green card

When the marriage to the U.S. citizen or lawful permanent resident was less than two years old at the time your green card was approved, the U.S. Citizenship and Immigration Services (USCIS) grants conditional permanent resident status. This is a 2-year card which requires removal of conditions.

That conditional status exists to prevent fraudulent marriages entered into purely for immigration benefits. Once the two-year anniversary of your conditional residency date approaches, you must file Form I-751 in the 90-day window prior to expiration.

2. What happens if the marriage ends before you file, or while you file

If your marriage ends — because of separation, divorce, or annulment — before you file your I-751 (or while the I-751 is pending), you do not automatically lose your green card. But the process is more complicated. Several things matter: your timing, your proof that the marriage was entered into in good faith, the stage of divorce, whether abuse was involved, and whether your spouse will cooperate. Legal sources confirm: yes, you can file for removal of conditions via a waiver of the joint filing requirement, if you no longer can file jointly because your marriage ended.

Key facts:

  • If you are still married and able to file jointly with your spouse: you file I-751 together.
  • If the marriage ended (divorce/annulment), you may file on your own and request a waiver of the joint filing requirement (because of divorce). If the marriage ended because of abuse (domestic violence), you may also file on your own under the “good faith marriage but abuse” waiver.

If your spouse died, there is a separate waiver path.

If you miss the 90-day window and did not file, you face serious risk of denial. But this rule applies for jointly filed petitions only.

3. The burden on you when filing after divorce or separation

When you file alone because your marriage ended, USCIS will look especially carefully at whether your marriage was genuine (entered into in good faith), and whether your petition is timely. Some of the major risks and issues:

  • You must still show that at the time you obtained conditional status your marriage was real — even though it later ended. The fact of the divorce raises scrutiny. USCIS will expect you to provide the final divorce decree or annulment if the divorce is already final. If divorce is not yet final, a request for evidence (RFE) may ask for that as soon as it is final.
  • You must still file in the proper window, unless you are filing a waiver early (in some cases you can file before the 90-day window if you qualify for a waiver). Because the spouse is no longer cooperating (or is divorced), you cannot rely on the joint filing; you must file under the appropriate waiver box and supply evidence such as joint financial records, shared residence, affidavits of friends/family, etc, showing the bona fide nature of the marriage.
  • If your divorce is not yet final, USCIS may issue a Request for Evidence (RFE) asking for the final divorce decree later. It’s important to respond on time and to explain your situation clearly.

4. What You Should Do Immediately If Your Marriage Is Ending

Here are practical steps to protect your green card and avoid losing your status:

  1. Identify your filing window.
    Check the “Resident Since” date on your green card and calculate the 90-day filing window before the card expires. Missing this deadline can lead to serious problems.
  2. Collect evidence early.
    Even though the relationship ended, gather as much documentation as possible showing the marriage was genuine. Evidence from the time you lived together is most persuasive.
  3. Get your divorce finalized (if applicable).
    If your divorce is still pending, consider expediting it. USCIS generally requires a final divorce decree for the waiver filing.
  4. File under the correct waiver basis.
    Choose the waiver reason that applies best — divorce, abuse, or extreme hardship. This determines the type of documentation and legal arguments you’ll use.
  5. File on time and correctly.
    Send the current version of Form I-751 with the correct fee, your detailed explanation, and supporting evidence. Keep copies of everything for your records.
  6. Keep your receipt notice safe.
    Once USCIS receives your petition, it issues a receipt extending your green card status — usually by 48 months — while the case is pending.
  7. Stay proactive.
    If USCIS asks for more documents, respond quickly. If an interview is scheduled, be prepared to explain your marriage and the reasons it ended.
  8. Consult an immigration lawyer.
    A qualified attorney can help you prepare a strong waiver filing, organize your evidence, and avoid costly errors.

5. What to Expect After Filing

If approved:
You’ll receive a 10-year green card. Your conditions are permanently removed, and you remain a lawful permanent resident.

If denied:
USCIS may refer your case to immigration court. You will still have a chance to present your case before an immigration judge, but this process can be lengthy and stressful. A well-prepared initial filing reduces that risk.

If interviewed:
Many waiver cases require an in-person interview. Be honest and clear about your relationship history, why it ended, and your life together before separation. Bring original documents and organized copies.

6. Common Questions

Q: Does divorce automatically cancel my conditional green card?
A: No. Your green card does not automatically disappear after divorce. You must, however, file a waiver-based I-751 to keep your status valid.

Q: Can I file before my 90-day window if I’m already divorced?
A: Yes. Waiver-based petitions can be filed at any time after you become a conditional resident — even before the 90-day window opens.

Q: What if my spouse refuses to sign or help?
A: You can still file independently using a waiver. The joint signature is not required once the marriage ends.

Q: Can I travel while my I-751 is pending?
A: Generally yes, but carry your expired green card and your receipt notice, which extends your lawful status. If your case is complicated, consult your attorney before traveling.

7. How to Strengthen a Divorce-Based I-751 Waiver Case

  • Write a detailed personal statement describing how you met, lived together, and why the relationship ended.
  • Include third-party affidavits from people who personally knew you as a married couple.
  • Organize documents chronologically to make it easy for USCIS to follow your story.
  • Submit clear copies and translations of all foreign documents.
  • Keep USCIS informed of your address changes within 10 days of moving.

8. Why Legal Guidance Matters

Filing I-751 after a marriage ends involves both immigration law and family law issues. A divorce decree must meet USCIS requirements, and your waiver statement must align with immigration definitions of a “good-faith marriage.” Errors or missing evidence can lead to denial and removal proceedings.

An experienced immigration lawyer can:

  • Analyze your eligibility for each waiver option.
  • Help you organize evidence to show your marriage was genuine.
  • Draft a persuasive legal argument and affidavit.
  • Represent you in case of interview or court referral.

9. Final Thoughts

Divorce can feel like the end of everything, especially when your immigration status depends on your marriage. But U.S. law recognizes that genuine relationships sometimes fail — and you can still keep your green card if you handle the process properly.

The most important steps are:

  • Act quickly,
  • File the correct form,
  • Provide strong evidence, and
  • Seek professional legal help when needed.

With careful preparation and good legal guidance, you can protect your residency and stay on track toward U.S. citizenship.

Contact Information

If your marriage has ended and you’re unsure how to remove conditions from your green card, I can help.

Alena Shautsova, Esq.
New York Immigration Lawyer
Phone: 917-885-2261
Website: www.shautsova.com

I’ve helped hundreds of clients successfully navigate I-751 divorce waiver cases and keep their lawful status. Schedule a consultation today to discuss your next steps and secure your future in the United States.

Всё, что нужно знать о новой пошлине за подачу на убежище: как оплатить через USCIS и в Иммиграционном суде

October 8, 2025

В 2025 году в иммиграционном процессе США произошли серьёзные изменения: теперь заявители на убежище обязаны оплачивать пошлины за подачу и ежегодное рассмотрение. Новые правила распространяются как на тех, кто подаёт заявление на убежище через USCIS (в порядке утверждения), так и на тех, кто защищает себя от депортации в Иммиграционном суде (EOIR).

Чтобы не столкнуться с отказом или отклонением заявления, крайне важно понимать, как и когда оплачивать эти сборы, а также какие последствия может повлечь неуплата. Ниже представлено подробное объяснение всех ключевых моментов.

1. Какие установлены новые пошлины?

А. Первоначальная пошлина за подачу заявления ($100)

Начиная с 07/07/2025, каждый заявитель, подающий форму I-589 (Application for Asylum and Withholding of Removal), должен включить пошлину в размере $100.

Если эта сумма не будет уплачена, USCIS или Иммиграционный суд отклонят заявление и вернут документы заявителю. Новое правило распространяется на все случаи подачи — как в USCIS, так и в суде EOIR.

Б. Ежегодная пошлина за рассмотрение заявления ($100 в год)

Кроме первоначального платежа, заявитель теперь обязан оплачивать ежегодную пошлину (Annual Asylum Fee) в размере $100 за каждый год, пока дело остаётся на рассмотрении.

Это правило касается всех заявителей, независимо от того, находится ли их дело в USCIS или в Иммиграционном суде. Пошлина становится обязательной через один год после подачи I-589 и должна выплачиваться ежегодно до завершения дела.

На данный момент освобождение от уплаты этих пошлин (fee waiver) не предусмотрено.

2. Как и когда оплачивать пошлину

Поскольку USCIS и EOIR — это разные структуры, порядок оплаты отличается в зависимости от того, где рассматривается ваше заявление.

А. Оплата в USCIS (для заявлений об убежище в порядке утверждения)

  1. Первоначальная пошлина $100
    При подаче формы I-589 через USCIS необходимо сразу приложить оплату $100. Если ваше дело находится на рассмотрении более года, USCIS направит уведомление с датой и инструкциями по оплате ежегодной пошлины. Обратите внимание что оплата с 28 октября 2025 может производиться только с помощью специальный формы G 1450 Или G 1650 . Служба  USCIS больше не будет принимать чеки.
  2. Ежегодная пошлина $100
    Пошлина взимается каждый год в день годовщины подачи вашего заявления. USCIS обычно направляет уведомление заранее, но ответственность за своевременную оплату лежит на заявителе.
  3. Способы оплаты
    Оплата производится через ваш личный онлайн-кабинет на сайте USCIS (my.uscis.gov) с помощью банковской карты или электронного перевода. После завершения транзакции обязательно сохраните электронную квитанцию об оплате.
  4. Подтверждение оплаты
    Храните копию подтверждения в своих документах. Если у вас есть адвокат, передайте ему квитанцию сразу после оплаты.

Б. Оплата в Иммиграционном суде (EOIR)

  1. Онлайн-оплата через портал EOIR
    Оплата производится на сайте epay.eoir.justice.gov.
    • Введите полное имя и номер дела (A-Number).
    • Выберите пункт “I-589 Application for Asylum (Initial Fee)”.
    • Оплатите пошлину и сохраните квитанцию (Tracking ID) сразу после оплаты.
  2. Сроки оплаты
    • Для новых заявлений пошлина должна быть внесена при подаче формы I-589.
    • Для дел, находящихся на рассмотрении более года, ежегодная пошлина оплачивается в дату годовщины подачи заявления.
  3. Подтверждение в суде
    Копию квитанции необходимо приложить к материалам дела и передать в суд. Это подтверждает, что пошлина оплачена.
  4. Возможность освобождения от оплаты
    В некоторых случаях можно подать форму EOIR-26A (Request for Fee Waiver). Однако суд удовлетворяет такие просьбы не всегда. Если освобождение не одобрено, необходимо внести оплату в течение 15 дней, иначе заявление может быть отклонено.

3. Последствия неуплаты

Неуплата обязательных сборов может иметь серьёзные последствия:

  • Отказ в приёме заявления — если USCIS получит I-589 без пошлины, заявление будет возвращено без рассмотрения.
  • Прекращение дела в суде — Иммиграционный суд может признать заявление оставленным без рассмотрения (abandoned) и закрыть дело.
  • Потеря права на убежище — отказ или закрытие дела могут привести к утрате права повторной подачи.
  • Задержки в рассмотрении — даже если заявление не отклонено, неоплата приведёт к задержкам.
  • Отсутствие освобождения от уплаты — текущие правила не предусматривают возможность не платить из-за финансовых трудностей.

4. Как избежать проблем и соблюдать правила

  1. Отметьте дату подачи I-589 — ежегодная пошлина взимается в этот день каждый год.
  2. Следите за почтой и уведомлениями USCIS / EOIR.
  3. Обновляйте адрес проживания, чтобы не пропустить уведомления.
  4. Храните все квитанции и подтверждения оплаты.
  5. Если уведомление не пришло — всё равно оплатите вовремя.
  6. Проконсультируйтесь с адвокатом, если не уверены в сроках или способах оплаты.

Заключение

Введение обязательных пошлин за подачу и ежегодное рассмотрение заявлений на убежище — одно из самых значимых изменений в иммиграционном законодательстве США последних лет. Теперь каждый заявитель обязан не только подать заявление правильно, но и оплатить установленные сборы вовремя.

Невыполнение этих требований может привести к отказу, отклонению или прекращению дела, а значит — поставить под угрозу возможность остаться в стране.

Чтобы избежать ошибок, важно знать актуальные правила, следить за сроками и при необходимости обращаться за помощью к квалифицированному юристу.

Если вам нужна профессиональная помощь в подаче заявления на убежище, оплате пошлин или представлении интересов в USCIS или Иммиграционном суде, свяжитесь со мной:

Алена Шевцова, адвокат (Esq.)
Law Office of Alena Shautsova
📞 917-885-2261
🌐 www.shautsova.com
✉️ a.shautsova@gmail.com

Why Hiring an Experienced Marriage Immigration Lawyer is Critical for Your Marriage-Based Immigration Case

September 26, 2024

Why Hiring an Experienced Marriage Immigration Lawyer is Critical for Your Marriage-Based Immigration Case

Navigating the U.S. immigration system, especially for marriage-based cases, can be daunting. From gathering the right documentation to complying with complex legal procedures, there’s a lot at stake. Mistakes or misunderstandings can lead to delays, rejections, or worse, deportation. This is why hiring an experienced immigration lawyer, such as Alena Shautsova, to handle your marriage-based immigration case is a smart and effective choice.

Alena Shautsova is a seasoned immigration attorney based in Brooklyn, NY, who has a track record of helping couples through the complexities of U.S. immigration law. With her deep expertise and client-centered approach, Shautsova offers critical advantages that make the process smoother, more efficient, and far less stressful. Here are the benefits of hiring her for your marriage-based immigration case:

1. Navigating Complex Immigration Laws

Immigration law in the U.S. is notoriously complex, with constantly evolving rules and regulations. Marriage-based immigration is no exception. Whether you’re applying for a green card or trying to adjust your immigration status, it’s easy to get overwhelmed by the legal jargon, forms, and procedures involved.

An experienced immigration lawyer like Alena Shautsova has spent years mastering the nuances of immigration law. Her knowledge enables her to guide you through every step of the process, ensuring that no mistakes are made and that all requirements are met. This minimizes the risk of delays and rejections due to technical errors.

2. Maximizing the Chances of Success

One of the most significant benefits of hiring a skilled immigration lawyer like Alena Shautsova is that it dramatically increases the likelihood of a successful outcome. Marriage-based immigration cases can be subject to extensive scrutiny by U.S. Citizenship and Immigration Services (USCIS). Even small errors or inconsistencies in your application can lead to denials or prolonged delays.

With Shautsova by your side, you can be confident that your case will be presented in the best possible light. She will thoroughly review all your documents, prepare you for interviews, and address any concerns or complications that may arise. This meticulous approach ensures that you meet all the legal requirements and reduces the chances of your application being denied.

3. Tailored Legal Strategy

Every marriage-based immigration case is unique. Some couples may face complications, such as prior immigration violations, criminal records, or significant age differences, which could raise red flags during the process. Alena Shautsova understands that each case requires a customized approach.

By assessing your situation, she can develop a tailored legal strategy that maximizes your chances of approval. This could involve gathering additional evidence to prove the legitimacy of your marriage, addressing any potential issues upfront, or providing legal solutions for complex situations. Shautsova’s personalized approach ensures that your case is handled with the attention it deserves.

4. Avoiding Common Pitfalls

Many couples make the mistake of thinking they can handle the marriage-based immigration process on their own. However, even small errors in filling out forms, missing deadlines, or providing incomplete information can result in significant setbacks. Immigration officials are known for their strict adherence to procedures, and they are unlikely to be lenient if you make a mistake.

Alena Shautsova’s expertise helps you avoid these common pitfalls. She ensures that all paperwork is filled out correctly, deadlines are met, and every piece of evidence is properly submitted. With her guidance, you can be confident that your case is on solid ground from the very beginning.

5. Efficient Handling of the Process

Time is often of the essence in immigration cases. Whether you’re trying to reunite with your spouse in the U.S. or secure a green card, delays can be frustrating and emotionally taxing. Unfortunately, the immigration process is notorious for its lengthy wait times, and any mistake can prolong the process even further.

By hiring Alena Shautsova, you can speed up the process by ensuring that everything is done correctly the first time. Her experience with USCIS procedures and timelines allows her to anticipate potential delays and navigate them efficiently. She also keeps you informed throughout the process, so you’re never left wondering about the status of your case.

6. Representation During Interviews and Hearings

The marriage-based immigration process often involves interviews with immigration officers to determine the legitimacy of the marriage. These interviews can be nerve-wracking, especially if you’re unsure of what to expect or how to answer certain questions.

Having Alena Shautsova represent you during these critical moments can make a significant difference. She will help you prepare for the interview, ensuring that you’re ready to answer questions confidently and truthfully. If any issues arise during the interview, she will be there to address them professionally, advocating on your behalf.

In some cases, marriage-based immigration cases may require hearings before an immigration judge, especially if complications arise or if the case is denied. In these situations, having an experienced attorney like Shautsova is essential. Her courtroom experience and deep knowledge of immigration law ensure that your rights are protected and that you have the best possible chance of a favorable outcome.

7. Handling Complicated Cases

Some marriage-based immigration cases are more straightforward than others. However, if you or your spouse have prior immigration violations, criminal records, or face other complicating factors, your case becomes much more complex.

Alena Shautsova specializes in handling complicated immigration cases. She can navigate issues like prior deportations, visa overstays, or complex criminal backgrounds that might otherwise derail an immigration application. With her expertise, she can find solutions and workarounds to even the most challenging issues, ensuring that your case moves forward despite obstacles.

8. Peace of Mind

Perhaps the most valuable benefit of hiring an experienced immigration lawyer like Alena Shautsova is the peace of mind that comes with knowing your case is in capable hands. Immigration processes can be stressful, time-consuming, and emotionally draining. By entrusting your case to a knowledgeable professional, you can focus on your life and relationship without constantly worrying about the details of your immigration status.

Shautsova takes the burden off your shoulders, handling the complexities of the legal process while keeping you informed every step of the way. Her compassionate, client-focused approach ensures that you feel supported throughout the entire process.

Conclusion

The marriage-based immigration process is fraught with legal complexities, strict requirements, and potential pitfalls. By hiring an experienced immigration lawyer like Alena Shautsova, you can significantly improve your chances of success. From navigating complex laws to preparing for interviews, avoiding common pitfalls, and representing you in court if necessary, Shautsova provides invaluable expertise that simplifies the process and reduces stress. If you’re looking to secure your future with your spouse in the U.S., Alena Shautsova is the advocate you need to guide you through the process with confidence. Call us 917 885 2261 or visit www.shautsova.com

2024 New Developments in Asylum Process You Must Know

August 6, 2024

2024 New Developments in Asylum Process You Must Know

Author: USA Asylum Lawyer Alena Shautsova

Asylum is a discretionary relief that one can apply for in the US when they fear returning to their home country. It is only possible to request asylum if one either is already in the US, or if they are at the point of entry/border of the US. It is not possible to file for asylum if one is outside the US.

U.S. asylum law is based on international agreements created after World War II to protect people who are fleeing or fearing persecution. However, in addition to the Acts of Congress, the Asylum laws are also shaped by the USCIS regulations, DHS Memos, court decisions, and Executive orders.

In 2023 and 2024, the Executive branch issued a number of such orders that drastically affect one’s chances of receiving asylum in the US. The main purpose of those orders is to regulate asylum flow at the U.S. southern border. 

For example, June 4, 2024 Presidential Executive order states that noncitizens arriving between ports of entry at the southern border are generally ineligible for asylum when the rolling seven-day average of daily encounters with inadmissible noncitizens surpasses a specific numerical threshold. This threshold has been consistently exceeded since July 2020, resulting in strict limitations on asylum eligibility for those crossing at non-designated points. See: https://www.whitehouse.gov/briefing-room/presidential-actions/2024/06/04/a-proclamation-on-securing-the-border/.

 Before the implementation of the new rule, immigration officers conducted interviews with each noncitizen they encountered to determine if they intended to apply for asylum or if they had a fear of persecution. If a person was found ineligible for asylum, an asylum officer would then assess whether the noncitizen had a credible fear of persecution or torture, defined as a “significant possibility.” This process, outlined by 8 U.S.C. § 1225(b)(1)(B)(v) and 8 C.F.R. §§ 208.30 (e)(2)-(3), was essential in ensuring noncitizens were not erroneously sent back to perilous conditions in their home countries.

The Rule, however, adopts a screening policy that will systematically lead to the forcible return of people seeking protection from persecution, torture, and death. Under the Rule, a noncitizen can be quickly removed from the United States without any process unless an immigration officer—usually a Border Patrol agent—determines that the person has “manifested” a fear of return. Individuals must “manifest” a fear of persecution or torture on their own, without being asked if they have such a fear. In practice, non-citizens  who lack understanding of the process, are hungry, tired and scared will not be able to comply with such a demand, not even knowing they have to. Experience shows that, when a “manifestation of fear” standard or similar directives not to ask about fear of removal were imposed, asylum seekers’ fear of return has gone unrecognized.

Further, even if a Border Patrol agent concludes that a noncitizen adequately “manifests” a fear, the noncitizen will still face removal unless an asylum officer determines that the noncitizen meets a new, more stringent screening standard. Instead of satisfying the “significant possibility” standard, the noncitizen must demonstrate a “reasonable probability” of torture or persecution. Most importantly, a non-citizen has only 4 hours now to consult with an attorney prior for their life-changing interview- test that determines if they have enough fear to remain in the US or being sent home.

Another important rule to take into consideration when filing for asylum is the Circumvention of Lawful Pathways rule, which is currently is being litigated, but nevertheless must be observed until the final decision is made by the courts. Some refer to it as  “Asylum Transit Ban.”  If one enters the US between the points of entry, between May ay 11, 2023, and May 11, 2025, including minors traveling with their parents, then they are ineligible for asylum! Certain groups of people are exempt from the bar, including Asylum seekers from Mexico (as they do not travel through another country before entering the United States); Unaccompanied minors; People who enter the United States through parole (a process through which the government can give certain people permission to enter the United States); People who have a pre-scheduled appointment to come to a port of entry (CBP One App appointments), and certain vulnerable groups, including those with acute medical needs or victims of severe forms of trafficking.

As one can see, that these barriers must be overcome prior to one’s application being considered on merits. These points will be vetted in both affirmative and defensive asylum procedures.  These are new serious barriers on one’s way to asylum in the USA.

If you need help with your asylum case, call us 917 885 2261 or book appointment here: https://www.shautsova.com/m/contact-us-lawyer/calendly.html

How To Expedite Travel Documents

October 2, 2023

Author: New York Russian Speaking Immigration lawyer Alena Shautsova

If you are not a US citizen yet, you most likely have certain anxiety attached to possible international travel: you may be worried about being allowed to enter the US upon return, or if you can even qualify for travel documents, or if you will be able to return to the US after a prolonged stay abroad.

These are all common questions asked by both green card holders and those for whom the laws of the US allow to apply for a travel permit while they are in the process of receiving a status. For example, people granted asylum or a refugee status in the US can travel abroad only using an asylee/refugee travel document; persons in TPS status, adjustment of status pending, T status, or DACA may request advance parole which will allow them to return upon temporary travel abroad; persons with green cards who may stay abroad for longer than 6 months would want to file for a re-entry permit to avoid issues at the border.

 Almost all travel documents such as advance parole, re-entry permit, and refugee/asylee travel documents are filed for using form I 131 found at www.usics.gov. It is the same form that is used by different applicants for different purposes. The filing fee for the form will depend on the purpose or the type of travel authorization one is requesting. For example, today, for an advance parole one will have to pay $575, for a refugee travel document most applicants will pay $220, and for a re-entry permit: $660.

Typically, form I 131 is filed with USCIS by mail, and processing times vary upon the type of the document requested, and vary from 3.5 months to 6-9 months. But what if your need to travel is quite urgent and you cannot wait for such a long time? Then, depending on the type of document you request and the circumstances, you may request that USCIS expedite the issuance of travel documents.

There are two ways one can go about it. If your application with USCIS  had been filed already, and the travel needs from less urgent turned into very urgent, you can submit and expedite the request with USCIS asking to process the already filed application. Your request will have to comply with the expedited guidelines that can be found here: https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request.

You will have to demonstrate that failure to process the document fast will result in:

·       Severe financial loss to a company or person, provided that the need for urgent action is not the result of the petitioner’s or applicant’s failure to:

o   Timely file the benefit request, or

o   Timely respond to any requests for additional evidence;

  • Emergencies and urgent humanitarian reasons;
  • Nonprofit organization (as designated by the Internal Revenue Service) whose request is in furtherance of the cultural or social interests of the United States;
  • U.S. government interests (such cases identified as urgent by federal agencies such as the U.S. Department of Defense, U.S. Department of Labor, National Labor Relations Board, Equal Opportunity Commission, U.S. Department of Justice, U.S. Department of State, U.S. Department of Homeland Security, or other public safety or national security interests); or
  • Clear USCIS error.

If USCIS agrees with you, your document will be issued pretty quickly, but still, it will take about 30 days to get processed!

But, there is a different way as well. What if the need to travel appeared within the past 48 hours due to some sort of emergency? Then (and it is true, especially for advance paroles), you may request that your travel document be issued to you in person at a local USCIS field office. For that, you first have to request an appointment at a local USCIS field office either by calling USCIS customer service number or using the online scheduling tool: https://my.uscis.gov/en/appointment/v2. If your request for the appointment is confirmed, you will have to appear at the local USCIS office with your filing fee, filled out form I 131, proof of emergency, a copy of your ID, passport, and 2 passport-style photos, as well as proof of your eligibility to seek advance parole (a copy of receipt for pending I 485 form, affirmative asylum, or having a DACA or TPS status for example). A local USCIS officer will decide if your request warrants merit, and if agrees with you, you will receive advance parole on that very day. 

U.S.- Canada Border Crossing: A Sudden Increase in Migration From the U.S.

March 19, 2023

Author: US Asylum Lawyer Alena Shautsova

“Border security”, “illegal immigration”, “undocumented migrants”, “open border”…. I have no doubt you have heard these expressions somewhere in the past year… These are common words used to describe the state of US Immigration system. Instead of focusing on reforms in the work visa sector, speeding up family immigration and improving investment immigration, or dealing with tremendous domestic and overseas processing backlog, the parties are involved in heated arguments over something that these days look almost unsolvable: the surge of migrants coming to the US seeking protection and better life.  

Border crossing and asylum have been pertinent issues in the United States for many years now. More recently, in a drastic turn of events, there has been a surge in the number of migrants leaving the United States for Canada (via crossing the U.S.- Canadian border on foot in unauthorized border crossing points). The migrants cite long processing times, homelessness, and free bus tickets provided, for example,  by NYC administration as reasons for crossing into Canada.

Canadian Prime Minister Justin Trudeau has since been under increasing pressure to come to an arrangement with President Biden on the complete closure of the border to asylum seekers. This is a result of the sudden surge in illegal crossings into Canada by asylum seekers. Many of these migrants are beneficiaries of the New York City (and other aid agencies) free bus fares. Prime Minister Trudeau has also noted that he will discuss the issue with President Biden when he (Biden) comes to Ottawa on March 23 and 24.

What awaits migrants in Canada one may ask?

According to a CNN reporter:

“Prior to 2022, Daoud said, asylum-seekers in Canada would often receive a Refugee Protection Claimant Document, or RPCD, soon after arriving in the country. The critical document not only serves as identification for asylum seekers, but it also allows them to apply for certain provincial benefits and a coveted work authorization while their asylum cases are reviewed.

Now, because of a backlog, the best most may get upon arrival is the appointment to receive an RPCD. “We’re seeing eight months, one year, a year and a half, two years. Some of them get their appointment pushed up,” said Daoud. “Some of them have to wait and that’s becoming a problem.””

https://www.cnn.com/2023/03/13/us/roxham-canada-border-migrant-increase/index.html

But is there anything else that attracts migrants to cross into Canada illegally? Yes, of course there is something! It is a loophole in the agreement between the US and Canada. According to the Safe Third Country Agreement between the US and Canada, a person who is the United States attempts to enter Canada legally, will be returned back to the US to seek asylum there. But if the same person crosses into Canada avoiding legal check point, the mentioned agreement does not apply.

So, as you can see, if you are a law-abiding person trying to do thing the right way, in the eyes of the migrants you will be punished: not allowed to seek asylum in the US simply because you transited through it. But if you avoid the legal checkpoint, you will be rewarded with a chance of seeking asylum with all its benefits and path to citizenship!

Let’s circle back to the United States now and see why currently asylum seekers face hurdles in voicing their claims. Currently, to come to the US, migrants are using CBP One App which allows them to come into the US legally without a visa or parole, if they meet an exception to Title 42 rule which is set to expire in May of 2023. However, upon entry a person is immediately placed in Immigration court removal (deportation) proceedings. A set of documents such us I 94, I 862 is provided, and a migrant is released. But this is false safety. An Immigration court hearing is going to be scheduled for the person, yet there is uncertainty as to when. In the United States an asylum seeker must file their asylum claim using form I 589 within one year of entry.  If a person is placed in removal proceedings, the claim has to be filed with the Immigration court. But Immigration courts (that are already suffering from more than 2M case backlog) will not accept your claim until your case appears to be active in their system. And that may take months and months to happen, despite the fact that at the time of the entry, a person could have received a set date to come to court as printed on their documents. Now, it is expected that a person would know that if his/her case is not active in the Immigration court system they can send their case to USCIS in the meantime, just to save the one year filing deadline.  But how many people will know that? Also, the US, unlike other countries, does not provide any benefits to asylum seekers while their cases are pending (on a federal level; the local government may have various programs such as temporary free housing, food assistance, or free bus tickets. Many do not understand all these complications in filing systems, they miss their one year filing deadlines, and as a result get disqualified from asylum in the US and path to permanent residency).  All these hurdles force migrants to seek better options elsewhere, but also undermine access to justice.

I am positive that the United States can do better. Ideas of mobile asylum unites (officers that would be located close to the border providing expedited screening) were voiced, but to date there was no effective implementation of those plans. How about modernizing the court hearing system? Allowing a migrant to choose the first available spot on the calendar, performing remote Asylum interviews (after all if video mode is good enough for courts, it should be good enough for USCIS as well) will sped up the affirmative asylum process releasing the deadlock on the tremendous backlog.

As of the date of this article, however, the backlog in the Immigration court system and USCIS keeps growing, without a clear answer as to who, when and how will stop it.

If you need help with your asylum claim, reach out for assistance at 917 885 2261 (consultation fees apply).