What Happened
Recent reports indicate that the Trump Administration has implemented an indefinite pause on the processing of immigration applications submitted by or on behalf of individuals paroled into the United States under the Uniting for Ukraine (U4U) and the parole program for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV).
This suspension impacts all immigration applications, petitions, and related benefit requests filed by parolees, including asylum, Temporary Protected Status (TPS), Employment Authorization Documents (EADs), advance parole, adjustment of status to lawful permanent residence, and naturalization.
Although USCIS officers may continue working on cases that were filed before the pause, they are currently prohibited from making final decisions while the suspension remains in effect. For that reason, parolees who are considering to apply or have recently submitted applications for may not receive decisions on their cases in the near future.
What It Could Mean for Your Case
Those who won't be able to secure a new lawful status before their parole period expires would be left without lawful status. This could increase their risk of detention and deportation. Individuals placed in removal proceedings in immigration court may still apply for asylum, TPS, or other forms of relief. However, instead of submitting requests to USCIS, these applications would be filed with immigration court to be decided by an immigration judge.
In addition, parolees without lawful status may begin accruing unlawful presence, which could negatively impact their eligibility for certain immigration benefits in the future.
What You May Want to Consider
For those parolees who have not yet applied but are planning on submitting their applications (TPS, asylum, or adjustment of status, etc.), it may still be beneficial to proceed with filing despite the current suspension.
For the time being, the pause is only a suspension and does not permanently eliminate these immigration options for parolees.
While USCIS cannot issue decisions at this time, USCIS continues accepting the applications, at least for now. Also, although it is difficult to know the timeline, the pending applications (or the applications to be filed in the near future) will likely be processed once the pause is lifted.
While applying for asylum or TPS does not automatically grant a new lawful status, it allows the applicant to remain in the U.S. while their case is pending. The period of authorized stay begins on the date the TPS application is filed, provided it is ultimately approved. Also, filing for asylum or TPS stops the accrual of unlawful presence, if the application is eventually approved.
Further, while filing for Adjustment of Status to Permanent Residence does not automatically provide a lawful status, it does provide the applicant with a period of authorized stay while the application is pending. This means that if a person was in lawful status at the time of filing, they may remain in the U.S. legally while USCIS processes their application. It also protects the applicant from accruing unlawful presence (if they were previously in status) and from removal while the application is pending.
At lear immigration Law, PC we are committed to helping you navigate immigration challenges. Contact us today to discuss your options and protect your rights. Together, we'll get through this, one step at a time.
Legal Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal advice specific to your situation, please consult a qualified immigration attorney.
