In the waning days of the Biden Administration, DHS extended Temporary Protected Status (“TPS”) for Venezuelans until October 2026. Last week, the Trump Administration rescinded that decision. As a result, hundreds of thousands of people from Venezuela are set to lose status over the next several months.
For Venezuelans–and people from other countries who may lose TPS–what are the options?
Before we get to that, I should note that ending TPS is not necessarily a done deal. Last time the Trump Administration tried to end TPS, lawsuits from various organizations delayed the effort until President Biden took office and reversed Mr. Trump’s policies. Whether similar efforts could delay the end of TPS now, with a more compliant Supreme Court and a more concerted effort from the new Administration, I do not know. But certainly, I would expect advocates to challenge President Trump’s directive.
Since we don’t know what will happen, TPS people would be wise to consider their options. These could include claims to U.S. citizenship, Cancellation of Removal, Adjustment of Status based on a family relationship or a job, and status based on being a victim of a crime or human trafficking. Each case is different and it would be worthwhile to talk to a lawyer about the possibilities (if you cannot afford a lawyer, there are free services that might be able to assist).
For many TPS recipients, the only viable option may be asylum. By definition, people with TPS come from troubled countries, but to qualify for asylum, coming from a troubled country in-and-of itself is not enough.
To win asylum, an applicant must demonstrate that she faces a well-founded fear of persecution on account of her race, religion, nationality, political opinion or particular social group. If you fear return because your country is generally crime-ridden or war-torn, that is probably not enough to win an asylum case. You need to show a specific threat based on a protected ground (I’ve written more about this here).
Most of the “protected grounds” are pretty obvious. If someone in your country wants to harm you because they do not like your religion or race or political opinion, that is easy to understand. But what is a “particular social group”? The law defining particular social group or PSG is complex and often inconsistent. Some common PSGs include members of a family or tribal group, LGBT individuals, victims of FGM (female genital mutilation), women who fear FGM, and people who are HIV positive. There are many other potential PSGs, including some that might be relevant to TPS recipients, such as “perceived wealthy individuals returning from abroad,” “Westernized person” or “perceived Americans.” If you think that you would face harm on account of a PSG, talk to a lawyer to help determine whether you might be eligible for asylum on that basis.
To win asylum, you also need to show that your home government or someone who the government is unable or unwilling to control wants to “persecute” you on account of a protected ground. The term “persecution” usually means physical harm, but it could be threats, mental harm or even economic harm. Sometimes, several smaller harms combined together might be considered persecution. If you have been harmed or threatened in the past, that might be enough to qualify for asylum based on “past persecution.” If you have not been harmed in the past but fear future harm, that could also be a basis for asylum.
In addition, an asylum applicant must show that he filed for asylum within one year of entering the United States or that he meets an exception to this rule. That could be a problem for TPS recipients, since many have been in the U.S. for years. Applicants who did not file within a year and who do not meet an exception to the one-year rule would not be eligible for asylum. However, they may still qualify for lesser forms of protection, such as Withholding of Removal or Torture Convention relief.
One piece of good news is that TPS status is generally considered an exception to the one-year asylum filing deadline. See 8 C.F.R. § 208.4(a)(5)(iv). This means that it is important to apply for asylum before your TPS expires or as soon as possible after TPS ends. Otherwise, you may not qualify for an exception to the one-year asylum filing rule.
Another possible exception to the one-year rule is “changed circumstances.” Maybe it was safe for you in your country, but then something changed, and now it is unsafe. If that happens, you need to file within a “reasonable time” after the change–hopefully, within a month or two. If you wait too long, your application could still be considered late.
For TPS recipients, asylum is often a last-ditch effort to stay in the U.S., and it may be difficult to win such a case. However, there are some advantages to seeking asylum. First, anyone is eligible to apply for asylum under the law. Because it is a law, asylum cannot be eliminated without Congressional action. So asylum should remain an option for the foreseeable future. Second, as things stand now, applicants can apply for a work permit 150 days after they file for asylum. Finally, the asylum process is usually slow, and so if you are trying to delay your deportation for as long as possible, asylum might do the trick.
For anyone in danger of losing TPS (meaning, anyone who currently has TPS), it is important to make a back-up plan now. Talk to a lawyer or a non-profit organization about your situation to learn your options. With a hostile Administration looking to deport as many people as possible, non-citizens must use all the tools at their disposal to protect themselves–including asylum.
Hello Jason,
Thank you once again for everything.
After my asylum referral was terminated in court based on a pending I-130, I’m glad to inform you that my subsequent 485 has been approved and a green card issued.
Now, my question.
1. Do I need to apply to withdraw my asylum application, based on the fact that I’m now a permanent resident, and for the reason that the circumstances in my country has improved, or
2. is that termination by the court an automatic withdrawal of the asylum application?
Pls, advise.
1 – If the case was in court and it was terminated, that should have been the end of the asylum case. You only need to withdraw asylum when it is with the Asylum Office. 2 – Yes. Take care, Jason
Hello Jason,
Regarding someone who obtained American citizenship through asylum, back in 2014 he was involved in protests and faced detention a couple of times, which he demonstrated during his asylum interview. They even conducted a home visit a year after his arrival in the US. Ultimately, he was granted asylum, subsequently obtaining a green card and then citizenship. However, as you know, circumstances evolve, and it has been 11 years since those events. Now, this individual wish to return to his home country as an American citizen for 3 weeks visit. He can bring a documentation from the local police in his home country stating that he is no longer wanted and that his record is clean now! Do you think this would suffice as evidence if a CBP officer tries to give him hard time when he comes back? I mean, returning to his home country after 12 years doesn’t inherently indicate that the original case was fraudulent, especially since he no longer protests or engages in politics. We live in a nation governed by laws, and while individuals may have their opinions and feelings, they cannot substantiate claims solely based on feelings without solid evidence. It’s not sufficient to say that the applicant visited his country after becoming a citizen and there is no law backing that! What are your thoughts on this situation, Jason?
I think the likelihood of having a problem with US immigration is very low, and given your explanation, it seems very unlikely that the person could be accused of a fraudulent asylum case. Nevertheless, it does not hurt to be able to explain why he returned and how he stayed safe. I do not think documents from the home country police are needed, as the chances of a problem are very low, but being able to explain the trip if asked is probably enough (and I think it is very unlikely that anyone will ask). Take care, Jason
Hello Jason.
I am a refugee under UNHCR and i am outside of poland. I am planning to travel to Poland for 4 days as a visit visa just to apply for asylum. I am living in miserable life and no organisation in my presence is helping me i want a better life. Before my stay expires I want to urgently file asylum. Where can I get the form for sylum? After I apply the asylum do you think the Poland government will give me a house to stay until I hear decision with my asylum application? Please helpm if there are asylum form for Poland. I hope a feedback. Thank you.
Sorry, I have no idea about this. I think you would have to find a lawyer or organization in Poland that helps refugees and knows about asylum there. Take care, Jason
Hello Jason and everyone,
Have you seen any case move forward (131,485,765) since Trump took in the office?, i feel all the cases are stuck in USCIS under new administration.
Many asylum interviews are being scheduled – the ones I have seen are mostly for old cases from 2015 and 2016. Court cases are still proceeding normally, and USCIS still seems to be processing cases as well. Take care, Jason
I guess you got your wish. Probationary asylum officers are being fired en masse and will likely be subject to a RIF. Maybe everyone will just be sent directly to the IJ like you wished for in that one post.
That is not exactly what I wished for. I stated that the asylum office was not working and suggested it be rolled into DHS and that cases be done in court instead. That is not what is happening. Instead, new officers and judges have been arbitrarily cut, harming overall morale and inflicting cruelty on people who have chosen to serve their country. It is a disgrace inflicted on the government by people who have no sense of serving anyone but themselves. Take care, Jason
https://www.msn.com/en-us/news/us/ice-agents-are-arresting-migrants-showing-up-for-their-immigration-hearings-and-readying-them-for-deportation/ar-AA1zj5Yh?ocid=msedgdhp&pc=LCTS&cvid=e3b653b1d98044758e132fc24bb008e6&ei=56
ICE agents are arresting migrants showing up for their immigration hearings and readying them for deportation
Dozens of immigrants across the country have reportedly been arrested by federal agents while attending routine immigration check-ins or court appointments, according to reports.
My understanding is that these are mostly ICE check-ins, but it is obviously scary. That said, the actual numbers are small, as there are probably thousands of people showing up to these appointments every day. Nevertheless, if ICE is doing this, it will cause some people to skip their appointments, which will potentially get them ordered deported. Intimidating people in order to prevent them from having their day in court – very un-American. Take care, Jason
Hi Jason
I am due to remove conditions on my marriage based green card. I have filed for divorce and From the courts, I received the findings and order letter and the Judgement of divorce stating “The agreement of the parties is approved and incorporated into and made part of this judgement….”. I am ready to do the process by myself because it’s really difficult to communicate and contact my ex husband.
Can i just file by myself without his signature on any paperwork?
I hear that he needs to sign a waiver himself to allow/have the lawyer i used last time process my application.
I struggled to contact him to pay internet bills, people he owed who were coming to me. He even changed his phone number without letting me know. Signing divorce papers i called him more than 50 times and that stressed me. I honestly do not want to go through more stress with having him sign these documents.
Please advise. Can i bypass him signing the waiver? What should i do please.
You can file on your own. You need a lot of evidence that the marriage was true (including letters from people who know the marriage was true). If you are legally divorced, you file on your own with your evidence, and you will eventually have an interview where they will hopefully approved the permanent card, as long as they are convinced the marriage was true (there is a different legal standard for people who are separated but not yet divorced, and such cases are more difficult to win). In terms of the lawyer, the issue is that if the lawyer represented both you and your husband, and now you want the same lawyer to represent only you, there is a conflict of interest and you will need your ex-husband’s permission to use that lawyer. If you cannot get that, you will have to look for a new lawyer. Take care, Jason
Thank you.
I will do by myself.
What’s the form/s that i need to file, please? If i can have the recent form/s.
Do i need to file for travel document? Or i can travel with the to be renewed GC?
The costs of filing.
Is there a format to write a statement or i can write any way i wish to express my reasons.
Thank you
The form is the I-751, available at http://www.uscis.gov. You have to review the instructions for fees and how to present the case. Once you get the receipt from that, it extends the current 2-year green card for purposes of work and travel, but if you plan to travel, you may want to file for a re-entry permit, form I-131, as that is a more secure document and may make travel easier. I do think you should consider using a lawyer, as the consequences of making a mistake can be severe, and also, there are different legal standards depending on the status of your marriage (divorced or separated). Take care, Jason
Hi Jason
The status of divorce from the courts, I received the findings and order letter as well as the Judgement of divorce stating “The agreement of the parties is approved and incorporated into and made part of this judgement….”, dated 1/30/25.
Can i apply for removal of conditions with these two or just the judgement of divorce letters as evidence of divorce? These are all that i have for now.
Also, can i submit the same evidence i submitted from initial application together with new evidence after the GC was awarded?
Thank you
You should talk to a lawyer about the case, as it is more difficult to succeed on a case where you file the I-751 without your spouse. Also, I do not do divorce law, which varies by state, and so if the divorce is final, you can file the I-751, but I do not know whether your documents constitute a final divorce. A lawyer can review the documents to see that as well. Finally, be aware that you have to file the I-751 before the 2-year green card expires, and so if the card is expiring soon, you will have to file whether the divorce is final or not. Take care, Jason
I have TPS. Currently I’m in my home country to see family Using Travel Documents. In such I’m a bit afraid to return back to UAS. Is there any problem in immigration when being back ?
I doubt you would have a problem returning, as long as your travel document is valid. If you have a pending asylum case or were granted asylum, returning to the home country can create the suspicion that the asylum case was fake. I wrote about that issue on January 6, 2016. Take care, Jason
Where were those no impact to legal immigration voices????
US embassies told to prepare for staff cuts as Trump overhauls diplomatic corps, sources say
https://www.reuters.com/world/us/us-embassies-told-prepare-staff-cuts-trump-overhauls-diplomatic-corps-sources-2025-02-13/
https://www.visalawyerblog.com/amp/breaking-news-trump-administration-orders-u-s-consulates-and-embassies-worldwide-to-fire-staff-terminates-dhs-workers-and-immigration-court-judges/
What an attorney got from an adjudicator at Texas Service Center: “Well, here at the Texas Service Center, we’ve basically changed our benchmark for NIWs. My supervisor is saying 80% of these should be denied.” Source: see link in the post
I-140 (Employment/Consular processing)
Adjudicator: “Well, here at the Texas Service Center, we’ve basically changed our benchmark for NIWs. My supervisor is saying 80% of these should be denied.”
Quoted from an attorney’s post below:
https://www.linkedin.com/posts/daniel-stephen-larson-8b37497_niw-the-state-were-in-during-these-uncertain-activity-7293180101603573760-ah45/?utm_source=share&utm_medium=member_desktop&rcm=ACoAAABfGooBTytC9aLnhH1OtwpJ6uHHREuG4kg
so what now jason? are we gonna see more denials in the next few months ?
NIW is VERY different asylum..
NIW-National Interest Waiver….i know at least 10 people who got approved and they don’t even speak english or they never worked in their field and etc…. Things don’t get better, but if you have a strong asylum you should be good.
We’ll see. I think there are mixed opinions about work visas, as Musk supports H1b visa people. But I would not be surprised if denial rates go up, especially for arbitrary reasons. Take care, Jason
Hi Jason
I have a question please we are trying to leave the country and waiting for our passport renewal. We are so fed up of waiting for the passport.
My work permit is expiring 24 February 2025. Do I need to renew my work permit to stay in the country and then leave even if it is one month. atleast it will be in the renewal process right ? or being out of status puts me and my family into trouble? right now with all the deportation going on does it put us into trouble?Please let me know. Thank you.
The work permit has nothing to do with your legal status in the US. USCIS just gives a work permit based on a pending status, and so if you have a pending asylum case, and you do not renew the work permit, there is no effect on the fact that you have a pending asylum case. The work permit does provide some evidence that you have a pending case, but you could use the asylum receipt for that as well. If you file to renew the work permit, you should get a receipt in a few weeks and this automatically extends the old card by 540 days. However, it could take many months to actually get the new card (though sometimes it does go quickly, so you never know). Take care, Jason
Hi Jason,
I kept hearing folks are getting their interviews scheduled within 3 months of application for affirmative asylum with USCIS ever since November last year. And I’ve also been hearing that certain USCIS asylum offices have had an approval rate less than 10% for months already. Are these things true?
In Arlington, and a few other offices, we are seeing interviews for the oldest cases, but we have not seen a new case get interviewed yet. I would not be surprised, as new cases get priority. At this point, anyone with a pending case would do well to gather their evidence so they are ready if an interview is scheduled. Take care, Jason
Really, the oldest cases? How old were these? Losing hope…
We recently got a notice for a 2018 case in Virginia, so who knows what they are doing? Take care, Jason
I know of a female friend that have 3 work permits for 3 different types of immigration processes.
Asylum 5yrs, DED 2yrs, And BD UVISA 4yrs. Which is powerful with the current situation of ICE?
Should she carry or Can she carry all her documents with her everywhere she goes?
If she need to carry documents with her incase of encounter with ICE, Which document will she need to Carry with her?
And should she Carry the approval notice or the cards? Which card? Or notice?
For the uvisa BD EAD in 2024, How long will it take to get the actual visa for her in the US and for her husband and 2 kids outside the US?
Which is better?
As long as she has a valid work permit and a pending case, I do not see why it matters which card she carries, and I do not know that one is more “powerful” than another. She should carry her work permit + keep a receipt for her pending cases available – maybe a photos of the receipts on her phone or in her email, for example. In terms of the U visa, I do not know how long they take to get a green card, but I think it is 4+ years. Take care, Jason
So who should we get behind ? Is it Kamala Harris ?
Hi Jason,
I was granted asylum in February 2024 and am originally from Syria. Given the recent regime change in Syria, should I proceed with filing Form I-485 now, or would it be better to wait until after the Trump administration?
If I do apply for Form I-485, I would also like to apply for Form I-131 to travel for personal reasons, mainly to visit Canada and Europe. Regarding the Form I-131 fee, I reviewed Form G-1055, Appendix B, but found it confusing. It states that as an asylee, I would need to pay $165, whereas if I have a pending I-485, the fee would be $630. Based on this, would it make sense to apply for Form I-131 first to pay the lower $165 fee before submitting my I-485 application, or am I misunderstanding the fee structure?
Additionally, during my asylee orientation, they mentioned that if I file Form I-131 along with Form I-485 and have already paid the I-485 fee, I do not need to pay the I-131 fee. However, I haven’t been able to find official documentation confirming this. Do you have any guidance or resources that clarify this policy?
Thanks for your help!
Best,
In terms of whether you should apply, I do not know. Maybe you want to wait a bit to see if there is any news about the government trying to take status away from Syrians based on the change in government. For the I-131, you want the Refugee Travel Document, since you are an asylee, and I think that should be the lower fee (the higher fee is for Advance Parole, but the RTD is the more appropriate document for asylees). In the past, when you paid for the I-485, the I-131 was free, but that is no longer the case and you have to pay for both forms. Take care, Jason
Hey Jason, thanks so much for all you do for asylum seekers. So, if someone was a derivative applicant under 18, turned 24 waiting for their asylum interview, and now wants to file I-485 based on marriage to a US citizen – should they still go to the asylum interview if it’s scheduled?
Today i tried to file asylum pending work permit renewal on uscis account . My first work permit was applied by mail. So when i was going to apply it only gives option i-765 and category c(8) pending asylum and withholding application under abc agreement . It doesnt give option of just c(8). Does abc agreement apply to asylum seekers or what is that.
The ABC agreement is something else. We have filed online under c-8 pretty recently, and so I think it is still working. However, things change quickly and maybe USCIS eliminated that option. I have not heard about it yet, but I was also not watching the news for the last day or so. Take care, Jason
I think they should go, but if the asylum office knows you are married, they will remove you from the case (married children cannot be dependents on an asylum case). The danger is that they would send you to immigration court, since you are out of status. I am not sure how to avoid that risk, and if you do go to court, you should still be able to get the GC based on marriage, but it would be better to not go to court, as that is more stressful and probably more expensive in terms of a lawyer. Take care, Jason
If the derivative applicant – married child doesn’t show up on the asylum interview – would it be an impact on the main applicant case?
I do not think it would harm the main applicant, but the asylum office might refer the derivative child to court, since that person no longer has status in the US. If the child already has a Green Card, or some other status, it would be good for the child to go to the interview to show their status. That way, the child can be removed from the case and avoid being sent to Immigration Court. Take care, Jason
News
https://www.cbsnews.com/news/trump-administration-fires-over-400-dhs-employees/
“The cuts include nearly 50 workers at USCIS, which processes a broad class of applications for immigration benefits, including requests for citizenship, green cards, asylum and work permits, plus an additional ten employees from DHS’ Science and Technology Directorate”
Jason, do you think 50 USCIS employees are enough to slow down the whole immigration adjudication process or not really?
There are over 22,500 uscis employees alone, aside the fact that these were mostly probationary employees , your answer should be self evident. That’s 0.002%, processing hasnt slowed down, on the contrary it seems to have picked up at least for now although that may change.
I don’t, but depending on where they are cut from, it could certainly have an effect on some types of applications or some locations. Also, we will have to see if there are additional cuts. Another issue is morale. As government workers are under attack, morale goes down and it gets harder for them to do their jobs. Finally, will there be more cuts? We will have to wait and see, but our government is under assault, and I expect we will have very severe problems due to these attacks. Take care, Jaon
If green card application based in asylum is denied after the interview, what happens? What is the process? Does it mean that asylee status is revoked too?
A GC can be denied and the person keeps their asylum status. That is probably the more common scenario, as it seems pretty rare that they deny the GC and then try to take away asylum. Take care, Jason
Hello Jason,
Thanks for all helps, if someone granted by IJ what is the point USCIS denied the i-485?!, they want to sent back to the court or what will happen at the end of the road?!
There are different reasons an I-485 can be denied. Maybe the person committed a crime or violated immigration status after asylum was granted, or maybe the home country got better and so asylum is no longer needed (I have never seen such a case, but it is theoretically possible), or maybe there is some other issue where the person remains eligible for asylum, but is not eligible for the GC. So USCIS could deny the I-485 but not try to take away asylum, or USCIS could deny the I-485 and then move to reopen the court case to take away asylum. Take care, Jason
So if USCIS denies I-485 and the person is still in asylum status what will happen just living in this country without green card for ever?
Possibly. Or maybe they can re-apply for a GC and overcome the problem. Take care, Jason
Hello Jason
Thank you for all what you do.
If someone comes here as a derivative asylee,is she supposed to wait for one year period been present in the U.S before filing form I-485 to adjust the status or how does it work?
The old rule was that the person had to wait one year, but now, they can wait less than one year. I am recommending 6 months, but it is up to you. I explained my reasoning in a post dated February 6, 2023 (this post is about the principal asylee, but the same rule applies to derivative asylees). Take care, Jason
Recently I read a news about Trump sending asylum seeker who entered legally through the CBP one app (Luis Alberto Castillo) being sent to Gitmo. What authority does Trump have to send anyone in the US soil to Gitmo? Do we have any protection from being sent outside of US soil against our will without order of deportation?
The government does have the legal authority to detain non-citizens who entered legally and others, though depending on the situation, the person can request a bond. Whether the government has the legal authority to detain people in Guantanamo Bay, I do not know, and I believe there are already legal challenges to these detentions, as the government is also trying to prevent the asylum seekers from having contact with their lawyers – and they do have a right to a lawyer (at their own expense). This Administration could care less about following the law, so it will depend on how the courts decide these issues, and – sadly – whether the Administration chooses to follow the courts’ rulings or tries to disobey them. Take care, Jason
Hey Jason,
I wish you all the best. Thank you so much for devoting your time to answering our questions so tirelessly. Many blessings to you!
I have a question about the speed of recent affirmative asylum interviews being scheduled, particularly at the Arlington office. I’ve been hearing conflicting reports—some say it still takes a long time for new applicants, while others mention interviews being scheduled almost immediately (within 1 or 2 months). As someone who is Venezuelan with TPS status that’s about to expire, I won’t lie, I almost prefer a slower process, since I’ve also heard that asylum officers (both at USCIS and in court) have become more stringent about granting asylum.
Do you have any information on this?
Best regards,
Asylee
They are interviewing a lot of older cases – from 2015 and 2016. I am not sure about new cases. I would imagine they are interviewing those too, but none of mine have been scheduled for interviews yet. Take care, Jason
I have question about online renewal EAD as pending asylum app form which immigration status to choose 999 Alien waiting on asylum decision or AS-Asylee applicant with EAD?
I did 999 and it worked….for me it took exactly 12 months to get a renewal decision (DENIAL) because in 12 months from C08 i got approved and changed to A05 , but they decided not to worry about it…
Asylee technically is a person with asylum GRANTED!good luck
I have not used the online form and so I do not know, but you are not an asylee if your asylum application is still pending (meaning that you have not yet had a decision). Take care, Jason
Hi Jason already answered but I’d like to point out something. From your comment, “AS-Asylee applicant with EAD” is for people with asylum status (people granted asylum).
For asylum seekers, those who have not yet been granted asylum, if you applied for an EAD under category (c)(8), your status may also show “999 – Alien Waiting on Asylum Decision” which simply means that USCIS recognizes you as an asylum applicant, but they are still processing your EAD request while your asylum case remains pending.
Therefore, if you do not have granted asylum status, you should not be applying as asylee applicant with EAD.
Jason, you may have heard the news. Elon Musk is now publicly calling for the impeachment of any federal judge that obstructs the will of the people. Based on this, I think they are filing impeachment charges against one federal judge. So don’t be surprised if federal judges, who do not toe the line, say for example on birthright citizenship, are impeached. I guess the idea is for this to act as a pressure point.
Yeah , but im pretty sure you need 2/3 of the voted to get rid off a judge even if impeached…so not happening
They are interested in power and have no interest in the law or Constitution, and I think our country is in deep trouble. That said, I doubt they will have much luck impeaching judges, as the Senate needs to do that, and it seems very unlikely that they can get enough Senators to vote for impeachment. Take care, Jason
Good evening Jason
We appreciate you for all what you do.
My brother is an Asylee ,he petitioned for her daughter who was oversees and when he was filing for 1-730 form he also filled up the I-765 for work authorization so the daughter is here ,how is she going to get the work authorization shut at the port of entry her passport was stamped an I-94 stating authorized to work but I guess she still need the EAD before the form was filed..
How can you advise..
Thank you
If he filled the form, she should get the work permit in the mail. I am not sure about the time frame, but I think it should be a few months (though with the new Administration, it is difficult to predict these things). Take care, Jason
Hi Jason,
Just wanted to ask if you know or heard what is the average time for New Orleans asylum office to make decisions after asylum interview. Do they tend to be slower or faster than others. There is little to no information about this office. I am aware that it can take a long time depending on the case, but i was wondering if there is an average standard time. Thank you!
I have not heard about any averages. The last time I saw data (for approval rates, not time frames), the NO office was one of the best or the best, and my limited experience with them (from years ago) was that they moved quickly. You can always inquire with them about your case – I wrote about that on March 30, 2022. Take care, Jason
Hi Jason; Hope you’re doing well. I granted asylum on 04/2023 after 3 interviews for my military service(asylum office) I applied for green card/I-485 application 10 months ago and today I received the notice that I need to appear for initial interview for my I-485 in UScis office and if I don’t attend to the interview they will deny my I-485 application. Everything looks fine in my application and I assume it’s about my mandatory Military service again which is mandatory in my country and I had no other options. Please let me know if this is concerning for my case and if I need to attend to my interview with attorney. What’s would be the details(same questions about my military service)? Also please let me know if you ever experienced to have interview for your client based on granted asylum. Also in worst case scenario this could affect my granted asylum or not(noting changed in my country or my situation; no criminal charges or anything new) I appreciate for your help
During the last Trump Administration, they attempted to interview all asylees who applied for a GC, and so this may be a standard interview, or maybe it is something particular to you, such as the military service. I would review the old asylum case so you can answer questions, make sure your current case is consistent with the asylum case (I wrote about this issue on November 13, 2017), and make sure you have all documents available related to the military service. Otherwise, they normally do not ask much about the old asylum case and just cover the info and questions on the I-485. In terms of a lawyer, it is better to have a lawyer if possible (especially if you think the military service or some other issue might potentially make you ineligible for a GC), but if not, and if you think the interview is going very badly, you can ask to stop the interview so you can get a lawyer. I am not completely sure they will agree to that, but you can also ask for a supervisor and then ask the supervisor about getting a lawyer. Take care, Jason
Thanks Jason for your advice; I will have my attorney on the phone and also interpreter on the phone too(if something get complicated) it’s definitely about my military service but I have no concern since I have them all accurate information for I-485 and my asylum case. Just one question; is there any risk in regards to this type of interview? Best case scenario they will issue my green card and Worst case scenario they would deny my application and a can stay here with my asylum status (this won’t have any affect on my granted asylum)? Thanks again for your help
I guess if they thought the asylum was fake, they would try to reopen that and take away your status, but that seems unlikely based on what you say. Probably the realistic worst case scenario is that they request additional evidence from you and that causes a delay. Take care, Jason
Hello Jason
Thank you for all you do.
My brother’s daughter came on the 15th of January this year as a derivative asylee,she got her I-94 stamped on the passport indicating authorized to work.so she went to apply for a social security number and she was told they need I-94 with the alien number on it since the one on her passport has not the alien number,how can she get the I-94 with the alien number on it so she can be able to apply for a social number.
And again does she need to apply for work authorization and when is she supposed to apply for the GC.
Thank you.
The GC process takes at least a year, and often 2 or more years, and her life would be much easier with a work permit, and so maybe that is the easiest solution – she can apply for a work permit based on category a-5. On the same form (I-765, available at http://www.uscis.gov) she can request an SSN. The first work permit based on a-5 is free and so this is probably the easiest solution for her, even though technically an asylee is allowed to work without the work permit. Take care, Jason
Hello Jason
I have a green card based on approved asylum interview coming up and I’m anxious especially with trump in power, what’s best way to prepare, what kinda of questions to expect, and have you seen instances where asylees with approved asylum were denied green card for some reason?
Regards
Hi,
I know 1 person who got NOID(denied) GC base on asylum because she got asked about her asylum case dates,arrests and etc. and she forgot and couldn’t answer all the questions….that was the only reason…you have to know what is in your GC application+check your asylum application to see inconsistencies! Also, just read yout asylum case/story again and be ready to answer…
They usually do NOT ask about your asylum case, but they can and you should be able to answer since it wss tour case….good luck!everything will be fine!
Can you tell us your timeline?when you applied for GC and etc.
It should be ok. It is good to review the I-589 asylum form and your case before the interview. Make sure there are no inconsistencies between the I-589 and the I-485 green card application. Otherwise, they normally just ask the questions on the I-485, but they could ask about your asylum too, though it is nothing like an asylum interview. I wrote more about this on November 13, 2017. Take care, Jason
Hi jason,
Asylum approval: March 2024
I am applying for adjustment of status(i-485) in March 2025. Can I apply Refugee Travel document along with my adjustment of status application?
What is procedure? Should this be sent in same envelope?
What is chance of approval of RTD?
Would RTD application affect my green card application process?
You can apply now, as you no longer have to wait the full year (I wrote about this on February 6, 2023). You can apply for the Green Card and RTD, but you have to pay for both forms separately (previously, when you paid for the I-485, the RTD was included, but not any more). I think they can be sent to the same address, but I am not certain and you need to double check the instructions to be sure. Assuming you have asylum and have no disqualifying issues, you should get the RTD, no problem, though it can take 1+ years of processing time. Take care, Jason
Hello Jason, I came into the country with my wife and three children in November 2018, the age of my children were 19 yrs,16yrs and13 years as at the time of applying for asylum, A lawyer just told me today that my two older children will have to apply for asylum separately again since both are over 21 yrs now, Please I need more clarification on this .
Regards.
David
That is not correct. If you filed for asylum when they were under 21, they remain dependents on your case until the case is done. If they get married, they can no longer be dependents on the case, but under a law called the Child Status Protection Act, they do not “age out” when they become 21 and they continue in your case. Of course, as adults, they can also file their own case if they want. Take care, Jason
Jason, there are rumors in the Chinese American community about a big denaturalization operation by Stephen M. There are rumors that people will be accused of being CCP members and then lying on the naturalization form about having links to the communist party. A lot of Chinese Americans are concerned. Apparently this is a civil procedure in a federal court, and then no one is entitled to an attorney at government expense unlike criminal. Is it true??
I have not heard those rumors and such cases require a lot of resources, and so I am not sure it would be something the government can actually do, but we shall see. If such a case is brought, it is civil and the person is not entitled to a lawyer, though they have a right to a lawyer who they must pay for themselves. Take care, Jason
Hi Jason,
I hope you are doing well and thank you for all the support.
I have a disabled sister ( mentally and physically), who lost almost 85% of her teeth, which is severely affecting her health even more. I am trying to expedite her application since we recived a letter from social security office that her application should be expedited. We want to send her turkey to implant her teeth due to excessive cost here.
I was trying to expedite her application from USCIS website but it’s telling me that it’s within normal processing time and I can’t send them an inquiry.
I was asking for a big help if you can provide us like an email address to expedite this request or maybe a phone no.
I would need to know what type of application she has in order to know who to contact, but generally, I wrote about expediting with USCIS on January 29, 2020 and with the Asylum Office on March 23, 2022. Take care, Jason
Thank you so much Jason for the kindness.
She has a pending I-485 ( Green Card Application) based on granted asylum.
Good morning Jason, do you know if the polio vaccine is required for people applying for green card based on approved asylum?
If you look at the instructions to form I-693, available at http://www.uscis.gov, it should tell you, but I think it is required (or you need to qualify for an exemption). Take care, Jason
Just wanted to say thank you Jason for all your work!!
Thank you, Jason
Hey Jason,
My employer is willing to file H1b petition for me this year. I have the following questions:
1) Am I eligible for H1b petition? My current status is asylum pending
2) My employer said that if my H1b is approved, I will have to visit Canada for H1b stamping. Am I allowed to exit USA for H1b stamping? Do I need Advance Parole for that?
3) I was reading in google that people with pending case in immigration court are in removal proceedings and are not eligible for Advance Parole? Whereas, some people have stated that they were able to exit/enter USA with Advance Parole even when their case was pending in immigration court. Can you please clarify?
4) What are the chances of USCIS approving my H1b petition knowing that I have an asylum pending case? I entered the US legally on a student visa.
If you could please clarify on these questions, I will be really grateful.
1 – That depends on many factors, and so I cannot tell from your post. Potentially, a person with asylum pending and no other status could be eligible for an H1b, but that is not necessarily the case for everyone with a pending asylum case. 2 – Again, I do not know how/whether they can arrange that, but if they can, then I guess that might work. However, it is a good idea to have AP also. That way, if something goes wrong with the H1b, you can still return to the US. 3 – If you are in court and you leave the US, you risk being denied re-entry, even with AP. When a person in court leaves the US, they basically deport themselves and if that happens, then AP may not protect you. I have had clients with AP based on TPS and they have traveled and returned while in court. I think it is a bad idea, but they have done it. 4 – I doubt the asylum case would have any impact on our eligibility for an H1b. Take care, Jason
So after stopping all the refugee programs, and then trying to limit asylum using procedures and policies, such asremain in Mexico, today the administration signed an order that the white South Africans are welcome as refugees in the United States. Now, obviously none of the MAGA have problem with these new refugees. This will tell you what you want to know. It was never about immigration. It was never about refugees or asylum.
I actually have a case of a white South African family who was attacked and threatened due to their race, and so in some respects, I do not have a problem with this order. The issue is that there are plenty of other non-white people who are suffering worse harm and more danger, and who the Administration seeks to block from coming here. So in that sense, I completely agree – this is about racism, and also, I suppose, fealty to Elon Musk, who is a white person from South Africa and who seems to be in charge at the moment. Take care, Jason
Jason, I respectfully disagree with you. I do not support this executive order for three reasons:
1)The order clearly favors white people over people of color. This is evident, especially considering that this administration has aggressively sought to block Black and brown individuals from seeking asylum in the U.S. while doing everything it can to remove people of color from the country. ICE is, for example, targeting people of color as we speak.
2)There is no factual evidence to suggest that white South Africans are systematically targeted in their country. The claim simply lacks credible support. Sporadic violence against a white individual in South Africa by a person of African descent does not meet the grounds for asylum—just as, according to conservatives, a woman in a South American country facing domestic violence, for example, does not qualify. The key difference is that the South African government, which is multiracial and multiethnic, takes reports of violence against white South Africans very seriously and actively prosecutes offenders. This is not the case in countries where women experience- sometimes with their government being complicit or useless- domestic violence.
3)Executive orders are not laws and cannot override existing immigration statutes. While I firmly believe that anyone who qualifies for asylum, regardless of nationality or race, should be granted protection, the U.S. should not use executive orders as political tools—especially not to favor or disfavor specific racial groups- or any group of people for that matter. If a white South African qualifies for asylum based on individual merit, they should absolutely receive it. However, asylum should be based on legitimate claims, not racial preferences embedded in policy decisions.
These are fair points, and I do think the basis of the order is racist – at least when considered in the context of the general attack on asylum seekers. However, the order will potentially help some people who feel fear in their country, and so in that sense, I do not have a problem with it. Take care, Jason
Hello Jason,
Thank you for your invaluable work. I do agree with your stance as a matter of fact, i.e. the affected Afrikaners fit the defination of asylees. My concern is the apparent prioritization of offering them asylum instead of addressing the root of the problem. The Land Appropriation Act is being criticized for violating property rights by forcibly taking white-owned farms. Their input in developing the land through multi-generational farming should not be ignored. I believe when someone’s home is being taken away and you’re in a position to intervine, the 1st option is to help the person keep their home. The RSA government itself does not appear to be as radical on the matter as some, (not all), of the opposition parties. The government has been pushing back on those radicalist demands until recently. So, most likely, innovative solutions by way of dialogue might restore the rainbow status of RSA. Moreso, some countries who expropriated land ended up in dire straits. The fact that being a rainbow nation is part of their heritage only solidifies the need for constructive dialogue on this divisive matter.
Take Care!
I am not saying I oppose land/resource re-distribution. There is obviously a very harsh history of persecuting Blacks in SA, and a government’s job is to seek just solutions to unjust situations. I am not really following the situation there, and I do not know the solution, but I think that is an issue for the people of SA to decide, hopefully in a just and compassionate way, so as not to further damage the social fabric of the nation. Take care, Jason
Jason, I did not say that South African whites should not be qualified for asylum. The point is anyone, regardless of their background or race, should be qualified as long as they meet the legal requirements. The problem is the administration has specifically put a pause on all refugee programs and has vocally been against asylum and started programs like Remain in Mexico. But at the same time, they publicly sign an order and put out a statement that South African whites will be welcome as refugees. What message does this send out?
I am not aware of any legal basis under current U.S. asylum laws that would make white South Africans eligible for asylum. To the best of my knowledge, white and Black South Africans coexist peacefully, despite the fact that Black South Africans have every right to be upset about the brutal apartheid system that ended only three decades ago. That system not only robbed them of their land, which is over 70% white-owned, but also established a caste-like structure that continues to hinder their economic progress. Furthermore, the factors of production, like here in the U.S., except that the U.S. is nearly 70% white, are controlled and owned by White South Africans (Afrikaans, to be exact) which is only 7% of that country’s population.
There is no evidence to suggest that white South Africans are being persecuted because of their race, nor is there any indication that the South African government is complicit in or unable to control such persecution. To my understanding, these are fundamental thresholds that an applicant must meet to qualify for asylum in the U.S.
If these legal requirements have changed, please let me know or point me a reputable source with the updated information about asylum eligibility, as I am genuinely confused.
It is ironic that there seems to be little sympathy for those who suffered under such a horrendous system (the apartheid system), as well as for those who (continue) to experience its lasting effects.
I think it sends a message that they like white people and do not like other refugees. I agree that it is a racist message. I just think that some whites in SA have a real fear of remaining in their country, and so I do not have a problem if such people get asylum. But I do agree with you that the motive behind the order – especially in the context of the general attack on asylum – seems pretty clearly to be racism. Take care, Jason
Hi Jason. I hope you are doing well. Do you see any changes in Arlington asylum office for the cases waiting for an interview since 2017 – 2018?
Not yet, but they are interviewing people who filed in 2015 and 2016, so if you have a case filed in 2017 or 2018, you should gather your evidence and be ready, in case they get to you soon. Take care, Jason
Do you think current supreme court justices could pass impartiality test ?
Good Afternoon Jason,
Hope you are doing well.
I am green card holder based on derivative asylee (Applicatnt Spouse).
I renewed my passport from our home country before getting my green card. Now i have a green card and home country passport i wanna travel to UK for 3 weeks not to visit my home country. Is this safe for my return back to US?
Thank you.
That should be ok, unless maybe the principal applicant indicated that the home country wants to persecute you also. If so, you should be prepared to explain why the home country agreed to renew your passport and why you obtained the passport. Otherwise, I do not think this should create a problem (though of course, if you want to be completely safe, you should get a Refugee Travel Document and use that). Take care, Jason
I am wondering what should we do to protect american democracy.
The supreme court has become more and more conservative…I am not even sure they can stop the executive branch…If the supreme court cannot stop trump and republicans ….and green lights everything they do…
Would it be safe to say that we are no longer a democracy ?
Sadly, we are definitely moving in that direction. Take care, Jason
American democracy is under test. I am not constitution guru but from my limited knowledge, democracy is about check and balances. I am not future teller or doesn’t have any power of predicting what will happen in the next four years. But from my gut feeling, Republicans especially the MAGAs don’t care about democracy or they won’t do anything if it comes under attack. As a result, the future election will be in japordy. I can’t imagine the electoral college from Red states or even some swing states will certify if Democrats win in 2028.
Hello sir, i didn’t leave US since 2012, and have final court in 2026. i reached out to uscis asking to get advance parole to see my old sick father in a different country not Eritrea, but they say i have to ask ice and bring their approval letter first so they could take my advance parole application, any idea which ice office or branch give such as approval?
Seriously, people need to stop travel abroad before they become us citizens. In fact, I wouldn’t even leave my asylum jurisdiction…
I don’t understand. I really don’t…
Like seriously, travelling overseas as a non-citizen is very risky.
CBP has broad discretion.
Even green card holders could be impacted.
They may still be able to enter . But…
Their green card could be in jeopardy since CBP could refer their case to EOIR. IJ could make a determination to revoke green card…
With all the above risk, it feels odd to me that green card holders want to travel abroad. And not to mention…most foreign countries are not really worth visiting, like Iran, North Korea, Russia…I mean…I don’t understand why people would rather spend any living day of their life…in a 3rd world, poor, undeveloped, uncivilized country rather than spending the day in a civilized, developed first world country called United States…
You can not call the country that has been made by slaves civilized country, and that slavery system still going on but in modern way, and you need to go visit the other countries to learn about the civilization that will open your mind and eyes as well, and on top of those you need to respect all countries and people all around the world, world dose not mean just the US.
You are not correct. People who have Advance Parole or a Refugee Travel Document, or a GC, travel and return all the time. Take care, Jason
I think this post is highly exaggerated. Traveling overseas for both work and pleasure is your right. Yes, as an asylee traveling to CoP does raise questions but non-cop travel is fine. I have travelled at least 15 times when I was asylee and asylee with GC (with RTD) and never once faced an issue. I don’t know anyone who has either. It’s possible that you can be questioned but that also applies to US citizens. My sister in law is a white Anglo Saxon who once brought an apple over from Mexico and was caught. She is always pulled aside at PoE. My brown brother is always waved through when he travels alone. He and their son have global entry while hers was denied.
Many of my client have traveled after receiving asylum and they used their passports. None has had a major problem. However, given the Trump Administration’s unpredictability and its attacks on immigrants, I think it is wise to be careful. For asylees, it is best to use the Refugee Travel Document to travel and return. If they use the passport, they could be asked about that and they should be prepared to explain. I do not think people should avoid travel; I just think they should do it as safely as possible. Take care, Jason
You people need to stop with the false information. It is perfectly fine (for now at least) to leave the U.S. and return if you have the appropriate travel document and status. Citizenship is NOT required to leave the U.S. and come back. Green card holders are free to leave the U.S. and return. An asylee (one granted asylum) is free to leave the U.S. (with the appropriate and valid travel document).
Unfortunately if your case is in court, you cannot get an Advance Parole and travel, this will be self deportation….I’m sorry…
As far as I know, it is not possible to get Advance Parole while a case is pending in court (unless maybe you have TPS, but even then, travel may be risky). Maybe you want to talk to a lawyer about specifics, but I think this not something that you can do. One idea might be to try to expedite your court case. If you can finish that and get asylum, then you could apply for a Refugee Travel Document. I wrote about expediting in court on April 20, 2017. Take care, Jason
Thank you Jason for enlightening the public and the wealth of infomrmatio. I used to work in a legal industry in my country before coming to the US as a refugee. I wanna ask if you know of any states where non-lawyers can start a small business that help clients with basic immigration services that doesnt require legal advice such work permit forms etc
Thank you
As far as I know, that is not allowed under US law. You can provide translation services, but unless you are a lawyer, you can get into trouble if you provide legal advice. If you work for a non-profit, there is a way to become a BIA accredited representative, which allows non-lawyers to represent people in Immigration Court, so maybe that is one idea. Take care, Jason
Good Afternoon,
I am a green card holder based on derivative asylum. My father was the principal applicant.
I applied for travel document back in September 2024 and requested to expedite it couple of days ago. I got a call from USCIS and after hearing my request they said they will give me the 30 day Advance Parole document (not sure of the exact name he gave) but he did say 30 day travel document. My question is after researching a little that 30 day advance parole is for pending asylum seeker and green card applicants but as I already have my green card will I get the 30 day or 1 year by your knowledge?
If I get the 30 days advance parole or travel document how that will work as the embassy visa processing time is also 4 weeks?
I don’t think AP is what you need. You should hopefully get the Refugee Travel Document, which is valid for one year. As you say, AP is for people with a pending application for status, and that is not you. Maybe the person on the phone was confused (it happens). AP is like a visa; it is not a document that you can use to get a visa from another country. The RTD serves as a passport, though not all countries accept it, and so hopefully, that is what you are getting. Take care, Jason
Hey Jason,
I’ve got a buddy who’s undocumented right now, but he’s tying the knot with his American girlfriend next week. They’re planning to file for the I-130 and I-485 together, but he’s got a question! So, this guy had a previous girlfriend, and things got messy. She got a restraining order against him, and he ended up breaking it by going to her workplace to talk. The cops showed up at his place the next day, took him in for 24 hours, and he had to pay a bond to get out. He just had his final court date, and unfortunately, he was found guilty. His civil lawyer said it’ll stay on his record for five years before it’s cleared. Plus, the court warned him that if he gets into any trouble in the next two years, he could face 30 days in jail automatically! Given all this, do you think this situation will impact his marriage-based I-485 application in three weeks? What are the worst-case scenarios? Could USCIS deny him, or will it just slow down the approval process because of his court ruling?
Thanks!
I think this could have an affect on his eligibility. I do not know the specific charge, but if it is considered a domestic violence offense, that could potentially block him from getting a GC. Other types of convictions could do the same. I think he should talk to a lawyer who is familiar with the immigration consequences of criminal activities, as he does not want to play around now with the immigration service. They are looking to deport people and he should not go to their office for an interview without having a very good idea about whether his conviction will make him ineligible for a GC and potentially subject to detention while he is at the interview (or even at a biometric appointment). Also, even if the conviction is somehow removed from his record for purposes of the state criminal law, it remains an issue for immigration purposes. Take care, Jason
Hello Jason, i know that you should renew passport from COP, but i did since passport authorities sre different from police that i had problems with…os it safe for me to travel with RTD and my passport?no gc yet… i want to meet my family somewhere else,but rtd has so many limitations….thank you
I think the risk is probably low, as long as you do not return to the home country. And it sounds like you can explain why the government issued you a passport, so that helps. I wrote more about traveling with your passport on May 25, 2022, and that may be of interest. Also, if you have the RTD, you should try to use that, which would be safe. It’s just that some countries will not accept the RTD and you will need to enter those countries with your passport. Take care, Jason
We have been waiting almost 8 years for our Affirmative Asylum in-person interview. My daughter is now 14. Does she need new fingerprints? We did them in 2017 when we submitted the application. Please advise.
She will need fingerprints if she has not done that, but the asylum office will send you an appointment about that. If not, when you get scheduled for an interview, you can inform them by email at that time (you can find their email address if you follow the link under Resources called Asylum Office Locator), or tell them when you get to the interview. Take care, Jason
Hi Jason,
Thanks for your help and support here
I am living in USA for over 6 years now, My case is declined by the immigration judge and I have 30 days to appeal, my question is can ICE deport me in those 30 days before I file an appeal with BIA.
Secondly can I file the appeal without an attorney and how long is the waiting time get a decision from BIA after filing.
Thank you
If you file an appeal, the judge’s order is not final and you cannot be deported until the appeal is decided. Also, the judge’s order is not final during the 30 days when you are deciding about an appeal. If you want to appeal, it is best to do that as soon as possible. You can appeal without a lawyer, but appeals can be complicated, and you would be better off to have a lawyer if possible (or if you cannot get a lawyer, you can appeal yourself and then see if you can find a lawyer to join the case later on). Take care, Jason
Thank you for your reply.
One more thing how long it approximately take an Appeal to Get a decision with BIA
thank you
It’s difficult to say, as it varies a lot. Most cases probably take 2 to 4 years, though the Trump Administration wants to make that much faster. Take care, Jason
Hey Jason,
Previously, when attending a USCIS interview for a positive asylum application, a possible outcome is to have the case administrative closure or dismissal, possibly due to the applicant having TPS (Temporary Protected Status) correct?. However, what happens if the interview results in case closure and now TPS has been revoked?
Admin close/dismissal has been the outcome for almost 23,000 out of 29,000 interviews (data from USCIS for Oct, Nov and Dec), with just 2,800 denials and 3,000 grants. Also, why is such large proportion of Admin close/dismissal outcomes (more than 80% percent of all outcomes), thank you.
I have not seen that data, but I suspect that many of the admin closures are for other reasons – the asylum offices have been identifying cases where the person already received a GC and closing those. Others, maybe the person left the US or withdrew the application. Once a case is closed, it is closed, and so if your case was closed because you have TPS and then TPS ends, I expect nothing will happen and if you want to re-start the asylum case, you will need to file a new I-589 (and if you do that, check the Special Instructions on the I-589 page at http://www.uscis.gov to be sure about where to send the application, since it is a second affirmative asylum application). Take care, Jason
The most common reason for admin closure is USCIS does not have jurisdiction over a case. For example, if someone is already in removal proceedings, they cannot apply asylum at USCIS. Instead, they should file it with a court.
I lowkey think Jason should explain asylum in more detail for this article. It’s possible for desperate people to read this article and just go straight to apply for asylum despite USCIS not having jurisdiction over their case. This increases the workload and slows things down for everyone.
It is correct that someone in court must file asylum with the court. However, most people with TPS are not in court, and until they are placed into removal proceedings, they would have to file asylum affirmatively (assuming of course, that they have a basis to file for asylum). Take care, Jason
Hi Jason, does this apply to humanitarian parole for Afghans. I came to the US on parole status (i filed i-131 and i-134) and have a pending asylum case now. Do all parole programs come under TPS?
It is a different program. I guess parole could be canceled as well, but since you have a pending asylum case, hopefully, you are protected. Take care, Jason
Hi Jason,
Thank you for this post. I sponsored my parents to come here through Uniting for Ukraine parole program which is currently on pause and it looks a lot like it will be cancelled altogether soon. We applied for re-parole for them in December, but we are not hopeful to receive a confirmation. Considering everything, we applied for TPS for them a few days ago, but that might be cancelled too. We don’t know what else we can do now. They don’t qualify for asylum and their hometown has been bombed for 3 years now, and it doesn’t seem to stop any time soon. I am a green card holder and, as I understand it, I can’t apply for their permanent residency with this status until and if I become a US citizen (not for another 3 years). I would greatly appreciate any feedback/guidance you can provide re what other avenues we can explore. Thank you!
I would talk to a lawyer about specifics. If they can find some way to stay here until you are a citizen, you should be able to sponsor them for GCs. I think an asylum claim under these circumstances is kind of a stretch, but maybe it is worth exploring with a lawyer. Could they potentially get student visas or some type of work visa. Another possibility would be to leave when they have to leave, and go to a third country to wait there until you are a citizen. Anyway, it may be worth a conversation with a lawyer to see the options. Take care, Jason