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:

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.
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.
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.
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.
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.
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.
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.
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.

Uncategorized

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

Uncategorized

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

Uncategorized

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.

Uncategorized

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).

Immigration To The USA, Uncategorized

Ukrainians Need Ukrainian Adjustment Act!

January 3, 2023

Ukrainian Refugees Seek Jobs And Normalcy, But Find It Hard To Do So

According to the government authorities, nearly a quarter of a million Ukrainian refugees who have escaped the Russian invasion of Ukraine have arrived in the United States. Many of these people are leaving behind family members and friends, their lives and their livelihoods. Some of those left behind are unsure of when they will see each other again.

Refugees Who Have Been Uprooted From Their Lives

It is a long journey for those escaping the fighting, who are traveling to America. Indeed, the number who make it to the US represents a much smaller part of those fleeing. Estimates of as many as 12 million Ukrainians have fled after Russia invaded their country in February of last year, with many still trying to leave. Of those who arrived in America, some came in as recently as last month.

Many of the immigrants desire to work, study, and attend college. These refugees are hardworking, well-educated people. They have skills and qualifications. Many are not content to sit back and feed off the system.

Obstacles To Establishing Themselves

Despite their skills, the refugees face many challenges as they try to integrate themselves into American society. Ukrainians are frequently prevented from working in their sector of choice due to linguistic problems. Some are having difficulties trying to enrol in college or obtaining professional certificates for their previous fields.

Since most Ukrainian refugees are women and children, they must also deal with childcare difficulties. In addition, they may encounter challenges such as American institutions not acknowledging their degrees or a lack of assistance in their search for white-collar jobs. For many, the job market here shares little with what they are more familiar with back home.

These Refugees Can Fill A Need

For the most part, American society needs the skills and qualifications these refugees bring. In some states, there are hundreds of thousands of job vacancies, and the Ukrainian refugees bring with them applicable skills. Whether there is sufficient help from companies and community-based organizations to assist the refugees in making the required changes is the question.

These are professionals with advanced skills, such as scientists, medical professionals, military officers, educators, and technicians. They can fill roles that American society desperately needs, yet they are among those frantically looking for employment. They have more to offer than the typical refugee employment in factories, warehouses, and retail establishments.

Overcoming The Challenges They Face

For immigrants or refugees, finding employment requires more than just being in the right place at the right time. It also requires knowledge of potential hiring process differences in the US.

Career development specialists advise people to start looking for employment or job titles that are comparable to their previous careers, then get in touch with the recruiting managers of those companies. Without a network of links, things can be difficult.

In an effort to provide some assistance, more than a few support groups have been formed in many US cities. These groups offer aid to arriving refugees, helping them find housing. Some also assign guides to the refugees that help them assimilate into American society.

Calls For The Government To Step In

The United States Government made a significant announcement has made it possible for Ukrainian refugees to enter the country easily. In April, President Biden pledged to accept Ukrainian refugees escaping Russia’s invasion. Arrangements were made mechanism for Ukrainian nationals and members of their close relatives who live abroad to enter the US and stay for a brief two-year parole period.

However, a lot of people want the government to take greater action. Some contend that the refugees require long-term protection as well. They demand that the government provide long-term assistance and a stable route to creating a life and a long-term status.

The Current Situation In Ukraine

Some experts predict that the Russian war effort may come to a rather anticlimactic end. With no end in sight, some are suggesting that a tentative ceasefire with both sides making compromises is the best option. Faced with stiffer than expected resistance, the Russian offensive has been subjected to a prolonged conflict, which has ground to a stalemate.

The strain on the Russian chain of command is showing, with strategic attacks becoming more sporadic. Indeed, the Russian offensive is showing misfires, with a stray missile entering Belarusian airspace just yesterday. Russia is deliberately targeting infrastructures such as power generation and road networks, trying to cripple Ukrainian morale.

Those less than stellar tactics are having a devastating effect on communities and those who still remain in Ukraine. More so as nine months have passed since the start of the Russian invasion and Ukraine is now in the dead of winter. Snow has covered all of the demolished buildings in Ukraine, and the untouched buildings are left without heating or power.

But those who managed to reach the US are in desperate need of help. In the best-case scenario, a person would qualify for a TPS or parole for 2 years, but those options are not leading to a green card or permanent residency, and are only a temporary “fix” for a problem. A Ukrainian Adjustment Act, a law that would allow eligible Ukrainians to file for green cards would help to provide some stability for the nationals left without a home and will help to unite families which are separated by the war…

Uncategorized

Class Action against DeSantis

October 4, 2022

Florida Governor DeSantis, a member of the Republican party, has been sued alongside other state officials in view of his new migration policy. The aggrieved migrants instituted a class action on 14^th September 2022 after being flown to Martha’s Vineyard, Massachusetts. Their cause of action is centered on alleged fraud on the part of Florida’s Governor, Ron DeSantis, inducing their migration from Texas on his directive. Critics argue that the Governor’s action was politically driven at the risk of stability in the lives of their migrants. It can be considered to be a revolt against the President’s open border policy, which is largely seen as the democrats’ mandate.

Who are the parties to the suit?

This class action was brought in the Federal court in Massachusetts upon the filings of Alianza Americas, together with three non-citizens individually and on behalf of all others affected by the government’s actions. The individual plaintiffs were among the ones flown by DeSantis from Florida to Martha’s Vinyard, and the Alianza Americas is a non-for-profit defending immigrants’ rights.

Alianza Americas has its root in the Latino immigrant communities in the United States with the aim of promoting humane, just and equitable policies. Apparently, DeSantis migration policy violates the tenets of the organization necessitating its involvement in the suit.

The lawsuit features Ronald DeSantis, Florida’s Governor, as one of the defendants. He is sued alongside Jared Perdue, the Secretary of the Florida Department of Transportation; and the Florida Department of Transportation.

Key allegations against Florida’s Government

Florida’s governor, as the defendant, and the state officials have been accused of executing a fraudulent scheme that advances their personal and political interests. These accusations were made in a statement by Alianza Americas and the three migrants. It is alleged that about $615,000 was spent chartering planes, with financial assistance through the Coronavirus State Fiscal Recovery Fund. The use of the funds was alleged to breach the restrictions imposed on its use.

The Migrants boarded the plane having been deceived that they were heading to Boston or Washington D.C for a better life. Their vulnerability, specifically the migrants from Venezuela, can be linked to their experiences as victims of the humanitarian crisis in their country. It explains the hope for a “better life” that guided that actions.

Inducement

It is alleged that the defendants gained the plaintiff’s trust and cooperation through the provision of Mcdonald’s gift certificates to curb food insecurity as well as free hotel stays. The exploitation of their basic needs enabled the exploitative situation, with false promises of education, housing, and employment upon arrival at Massachusetts.

The defendants, through their agents, trolled streets close to the San Antonio migrant shelter and other areas to lure about 50 migrants to leave for Martha’s Vineyard. The plaintiffs alleged that they were left at Martha’s Vineyard at the mercy of the locals., with no provision made for their basic needs.

Violation of Rights

The plaintiffs seek a class action status at the federal court in Massachusetts in view of the alleged ruse being tortious, a violation of federal statutes, and the plaintiff’s protection under the Fourth and Fourteenth Amendments to the American Constitution.

Oren Sellstrom in his address as the Plaintiffs’ counsel stated that the locals at Martha Vineyard did not anticipate their arrival. He also argues that the Defendants were unresponsive to calls from the migrants who wanted to make inquiries about their situation. He emphasized the deprivation of liberty, manipulative acts of the defendants, and interference with the Federal Government’s exclusive control over immigration.

It is of interest to note that Oren Sellstrom serves as the litigation director at Lawyers for Civil Rights, a charitable legal aid group in Boston. The Legal aid group demanded that the federal and state authorities undertake an investigation into the migrants’ flights to Martha Vineyard. Images of alleged brochures that were given to the migrants to induce their departure were posted. It was said that the brochures were intended to support DeSantis’ ruse.

Plaintiffs’ claims in the Lawsuit

The plaintiffs, in their address to the court, are praying for the certification of their action as a class action, with the migrants as class representatives. In addition, a declaration that the defendant’s actions are unconstitutional and in breach of federal and state statutes. The Plaintiffs also asked the court to award damages to them, and enjoin the defendants from using fraudulent means to induce immigrants to travel across state lines.

The Defendants’ position in the Lawsuit

DeSantis defended his actions stating that there were no legal violations. One of his spokespersons, Taryn Fenske emphasized in this statement that the migrants acted voluntarily. The Defendants argue that the migration offered the migrants access to better opportunities with the sanctuary jurisdiction.

Taryn Fenske spoke against the growing interest of the activists in immigrant welfare upon their move to Massachusetts. He highlighted that the activists had failed to look out for the migrants while they suffered of hunger and abandonment in Florida. DeSantis seems convinced about the positive impact of the $ 12 million program to relocate migrants, as he undertook to continue the project.

Immigration To The USA, Uncategorized

Border security, backlogged courts and the political divide over immigration

May 27, 2022

Border security, backlogged courts and the political divide over immigration

Author: New York Immigration Lawyer Alena Shautsova

Since the end of the fiscal year 2021, the number of people who stopped trying to cross the southwest of the United States border has not gone down. People fleeing the consequences of the failed governments in their home countries, climate change and aggressive and uncontrollable gangs. The Trump administration tried to stop the migration by proposing to build a physical barrier and involving Title 42- legal barrier to immigration. The Biden administration rejected the idea of a physical barrier, but continued with the legal barrier, trying to find solutions that would be acceptable for both democrats and republicans. It happened that the “border security” argument became the main point of discussion when both sides are trying to address the much needed immigration reform in the United States.

Undocumented non-citizens

Thousands of undocumented immigrants live in the U.S. Many entered the United States without inspection through the “border”, many overstayed their visas but initially entered “legally”. Some were ordered deported or removed on paper but have never been physically removed from the United States. The issue becomes not only an administrative law issue, but an issue of Human Rights: because of the years- long delays in the processing of the migrants’ cases, undocumented non-citizens often develop deep social and economic ties with the United States, and their physical removal can occur decades after their initial entry becomes more akin to criminal punishment in its consequences rather than administrative citation. When addressing the “security” at the border, one can successfully argue that a physical barrier, can slow down the migration to some extent, but will not and cannot resolve the problem. The problem of global migration can be resolved only through an effective processing system of the non-citizens, and creation of favorable conditions in their home countries, where the need to move and uproot your family would not exist in the first place.

These are hard goals to accomplish, as they require talent, resources, effective management, and dedication. One would have to carefully balance the due process rights of non-citizens, human rights laws, and government interests in establishing procedures that would be effective and fair. We can all remember draconian measures of Trump administration where children, sometimes, only months-old young, were separated at the border from their parents, many of those children were never united with their parents ever again. https://www.nytimes.com/2020/10/21/us/migrant-children-separated.html. At the same time, Biden’s administration’s policy to allow non-citizens to entered the United States and then wait for months for their Notices to appear in court, also is not a good solution: the persons were placed in a limbo status where the document that has to initiate the court proceedings against them in a court would not be filed with the court for months and months, preventing persons to present their cases and obtain relief for those who qualify. It seems such a policy was installed to allow the courts to artificially reduce the amount of pending cases, reporting a smaller backlog… But it is obvious that without hiring more Immigration judges, border security personnel, and asylum officers, the backlog will not and cannot be eliminated. Cases of non-citizens require human review, they cannot be rubber-stamped by a computer, and human review requires humans, it means MORE personnel. The questions become ones of resources rather than morals.

Why There is No Immigration Reform?

Many can remember promises Biden made during the elections… the US Citizenship Act of 2021 sounded too good to be true… and of course, it never, to date materialized. But why? The obvious answer would be that the parties cannot agree on the terms of the proposals. But if you read the proposals from both sides, at times, they are not so different. So, what is really in the way of passing Immigration reform? Some say it is an issue of border security… However, it is obvious that the “border security” is only one side of the many-sided shape of the Immigrant land shaft we are dealing with. What about people who have been in the United States for decades and paid taxes, and do not have any criminal convictions. Still, even for those people, who are essential workers, TPS holders, seasonal farmers or DACA holders still, there is no relief…. At the time, the Congress can approve in a matter of hours spending bills and surpass any relief necessary to let’s say small businesses in the United States. The logical answer to this question is that neither side wants to pass a bill that would solve an immigration issue in the United States. Perhaps, some believe that administrative violators should not be awarded, some cite economic consequences and labor market collapse in case migrants who are already in the United States, are employed and will receive an official authorization to work and pay taxes… (does not make any sense, but the argument still pops up). Perhaps, the true reason would be that the situation is comfortable for those who have never felt the burden of being a reject, a “half” citizen, who works for people with voting rights and serves them well, but those with the power to change their fellow-non-documented residents fate are reluctant to do so in fear of losing some advantages…

So if this is the true answer, do you believe that a true, comprehensive reform is ever possible? What has to change for it to happen? The author believes that it is possible, but only when the need for it will outweigh the benefits of non-action. Without advocacy, true dedication to reform the society, implement innovations, and spend money on internal issues, the Immigration reform will not happen. Underfunded courts cannot be effective. USCIS, Asylum and border security personnel need salaries and training. Perhaps, the root of the issues lies in the constant ignoring of needs in the administrative sector on a Federal and local level.

Asylum in USA, Uncategorized

U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT CEASES DEPORTATION TO RUSSIA, UKRAINE, AND SEVEN OTHER EUROPEAN COUNTRIES, DHS ANNOUNCED TPS FOR UKRAINE

March 7, 2022

U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT CEASES DEPORTATION TO RUSSIA, UKRAINE, AND SEVEN OTHER EUROPEAN COUNTRIES, DHS ANNOUNCED TPS FOR UKRAINE

With the large awareness of the Russia-Ukraine dispute, the current situation of the world is no longer news to anyone. Worst still, the insecurity caused by the Russia-Ukraine feud does not only affect both parties but also their surrounding neighbors. The affected countries include; Belarus, Georgia, Poland, Hungary, Moldova, Romania, and Slovakia.

Due to the insecurity posed by this feud, the U.S. Immigration and Customs Enforcement (ICE) has temporarily ceased the deportation of persons to Russia, Ukraine, Belarus, Georgia, Poland, Hungary, Moldova, Romania, and Slovakia. Illegal immigrants of all nine countries have been granted a temporary stay in the United States pending further decisions.

U.S. Immigration and Customs Enforcement Cessation Of Deportation

While publicizing the matter, a spokesman of the U.S. Immigration and Customs Enforcement(ICE) said that “amid the ongoing humanitarian crisis occurring in Ukraine, US ICE has paused repatriation flights to Ukraine. ICE will continue to monitor the ongoing situation and make operational changes as necessary.” One fact awaiting clarity is how long the temporary cessation of these flights would last.

Following a briefing earlier reported to CBS News, not only will the deportation of persons to Ukraine and Russia be halted, but also to seven other nations bounding the region of the continuous violence. As mentioned above, these nations include Belarus, Poland, Romania, Moldova, Slovakia, and Georgia. This halt of the repatriation process is in other to protect deportees from the fierce violence raging between Russia and Ukraine. It would rather be unfair, unsafe, and against the U.S. “ethics of national security,” to send deportees to such areas.

As of 3 March 2022, the U.S. Department of Homeland Security had reportedly set up a Temporary Protected Status(TPS) scheme. The TPS scheme was enacted to allow Ukrainians to access deportation protection and job permits. This was done to temporarily impede their return to their war-infested country, while also possessing a means of livelihood. The Temporary Protected Status was developed for non-permanent and does not permit recipients to acquire permanent residency in the United States.

Alejandro Mayorkas, the Homeland Security Secretary reassured in a statement that continued help and protection will be extended to the Ukrainian citizens in the United States in a period of uncommon times such as this.

The Russia-Ukraine Feud

Almost a million persons have reportedly fled Ukraine and more are believed to flee the country in the coming weeks. Hundreds have been reported dead. All thanks to the feud between Russia and Ukraine.

Russia and Ukraine were both parts of the old Soviet Union of which Russia was a major power.

Historical precedence suggests that war has never been the answer to any problem. Rather it has only destroyed the lives of many. War rarely ever solves any problem peace could not. Of a certainty, many world leaders aren’t particularly war-hungry people but people who just want to better their society to the best of their ability. A better understanding amongst leaders would help achieve a peaceful co-existence.

RELIEF FOR THOSE IN THE US

Here are possible solutions who are affected by this conflict.

Asylum for those who can qualify. If for example, a Russian national possesses strong political views in opposition to the current Russian government, he/she may seek asylum in the US if can prove persecution (past and/or future).
Asylum may also be available for Ukrainian nationals depending on the controlling in Ukraine powers, and other qualifications. At the time of conflict itself, however, it is too soon to tell how it may affect the asylum eligibility for the nationals of Ukraine.
TPS for Ukrainian nationals. TPS for Ukrainian nationals will be available once the announcement and special notice are published in the Federal Registry. Currently, the announcement states that a person would have to show that they have resided in the US since March 1, 2022. TPS is not a green card; it will not (without a reform) lead to a green card. It will provide protection from the removal; will provide an open market work authorization, and the ability to apply for advance parole. As a rule, there are only very limited circumstances that would disqualify one from receiving TPS: certain criminal convictions.
Humanitarian Parole may help those overseas.
Non-Immigrant and Immigrant visas. Department of State periodically refreshes its guidelines on how and where to apply for Non-Immigrant and Immigrant visas for the nationals of Ukraine.

It is possible that the US government will announce more programs that would benefit Ukrainians, such as refugee status or parole. However, usually, it takes significant time for a person to qualify for refugee status: the vetting may take years.

References

For More information on TPS:

https://www.google.com/amp/s/www.republicworld.com/amp/world-news/russia-ukraine-crisis/us-suspends-deportation-flights-to-ukraine-russia-and-seven-other-european-nations-articleshow.html

https://www.google.com/amp/s/thehill.com/policy/national-security/596801-ice-pauses-deportations-to-russia-ukraine-amid-invasion%3famp

https://www.npr.org/2022/03/03/1084409254/tens-of-thousands-of-ukrainians-can-stay-in-the-u-s-without-fear-of-deportation

https://www.aa.com.tr/en/americas/us-grants-temporary-protected-status-to-ukrainians-as-war-rages/2523265

Immigration To The USA, Uncategorized

USCIS Processing Times, Immigration Court Updates and More!

January 18, 2022

NYC Immigration Lawyer Alena Shautsova shares the most recent updates regarding USCIS real processing times for I 765, I 485, N 400 and I 601A; discusses the most recent Immigration news and practices.