On February 24, 2022, President Vladimir Putin instructed the Russian army to invade Ukraine. The President’s goal in implementing this abrupt and sudden invasion was to prevent Ukraine from joining the Western defensive alliance with NATO. Unfortunately, President Vladimir Putin’s crusade has now displaced more than five million refugees who have been forced to flee the bloodshed and violence by Russian forces.^[i] This tragic act of war has caused not only Ukrainians, but a number of Russians as well, to leave their homelands and seek refuge in the United States.

There are various immigration pathways to the U.S. that these displaced refugees might employ in order to achieve legal immigration status:

• Apply for specific visas with the United States Citizenship and Immigration Service (USCIS)
• Apply for Temporary Protective Status (TPS)
• Apply for asylum
• Apply for refugee status overseas
• Apply for a B-1/B-2 Visitor Visa

What is Temporary Protected Status (TPS)?

One option for Ukrainian refugees looking to flee their home country is to apply for Temporary Protective Status (TPS). This specific status is dependent on the Secretary of Homeland Security. They have the power to designate a foreign county with temporary protective status “due to conditions in the country that temporarily prevent the country’s nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately.”^[ii] The Secretary will choose a country for TPS if the following temporary conditions are present: ongoing armed conflict, an environmental disaster or an epidemic, or other extraordinary and temporary conditions.^[iii] Temporary Protected Status allows Ukrainian citizens that have been physically present in the United States of America the opportunity to continue to stay in the United States for the duration of eighteen (18) months. They may also apply for work authorization due to temporary protected status and travel authorization.

Who is eligible for Asylum?

Additional options for both Ukrainian and Russian refuges looking to flee their home countries is to apply for asylum, refugee status overseas, or a B-1/B-2 Visitor Visa. In order to be eligible to apply for asylum, an individual must be present in the United States and seeking protection due to the fact that they have personally suffered persecution, or have a credible fear of being persecuted, based on their race, religion, nationality, membership in a particular social group, and political opinion.^[iv] In order to obtain approval for an application for asylum, one must provide ample amounts of evidence of the suffered persecution or credible fear of it. The application for asylum must be submitted within one year of the applicant’s last entry into the United States, absent a qualified exception. One may even include their spouse and children in their application for asylum.

What is Refugee Status?

If a Ukrainian or Russian citizen looking to feel their home countries is still currently located in their home countries, then they are forced to apply to be recognized as a refugee. In order to be recognized a s a refugee, one must obtain “a referral to the United States Refugee Admissions Program (USRAP)”.^[v] Under the law of the United States, a “refugee” is defined as “a person who is unable or unwilling to return to his or her home country because of a well-founded fear of persecution due to race, membership in a particular social group, political opinion, religion, or national origin.”^[vi] This is very similar to the requirements for an application for asylum. One can also include their spouse and children in their refugee application.

How do I apply for legal status?

While the current state of Russia and the Ukraine is treacherous and hazardous, one should find comfort in knowing there are ways to leave the uncertainty and find safety in the United States. The immigration laws of the United States are complex and intricate. The assistance of an experienced immigration attorney is crucial to one’s success in applying for legal status. If you, or any family members or friends, are looking for assistance in obtaining legal status and live in the State of Tennessee, call Cole Law Group at 615-490-6020 in Brentwood, TN to schedule a consultation with one of our immigration attorneys.

^[i]U.S. plans to receive 100,000 Ukrainians displaced by Russian invasion, CBS News (March 24, 2022), available at  https://www.cbsnews.com/news/ukraine-refugees-us-100000-russia-invasion/.

^[ii]Temporary Protected Status, USCIS (March 16, 2022), available at https://www.uscis.gov/humanitarian/temporary-protected-status.

^[iii] Id.

^[iv] Asylum, USCIS (March 3, 2022), available at https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum.

^[v] Refugees, USCIS (March 2, 2022), available at https://www.uscis.gov/humanitarian/refugees-and-asylum/refugees

^[vi] U.S. Visas for Ukrainians and Russians: Navigating the Maze, The National Law Review (March 11, 2022), available at https://www.natlawreview.com/article/us-visas-ukrainians-and-russians-navigating-maze.

Legal assistance can be crucial to the success of all types of immigration proceedings.  However, the Remain in Mexico program, also known as the Migrant Protection Protocols, is beginning to lose support and assistance.^[i] Certain legal aid groups along the border between Mexico and the United States are no longer willing to provide legal representation to migrants trying to enter the United States. Without this legal representation, many migrants will not have the opportunity to present effective arguments in favor of their cases for asylum.

What is the Remain in Mexico program?

The United States government introduced the Migrant Protection Protocols policy via memorandum on January 25, 2019.^[ii] The policy itself requires those who seek asylum and arrive by land at the border between the United States and Mexico, who also complete a credible fear screening with a United States asylum officer, to return to Mexico until their asylum hearing. This asylum hearing will take place in a U.S. Immigration Court. The policy was instituted for a multitude of reasons, including the enforcement of immigration and customs laws, the facilitation of legal trade and travel, to counter traffickers, smugglers, and those involved in transnational criminal organizations, and to prevent drugs and illegal contraband from entering the United States border. The program is meant to help reinstate a secure and systematic immigration process for migrants entering the country, as well as ensuring that migrants receive the protections they need. The program was shut down temporarily during the Biden Administration and was restarted on December 2, 2021.

What legal aid has previously been provided to the migrants?

Several legal aid groups were requested by the federal government and the Biden administration to provide legal representation to migrants in the Remain In Mexico program. Legal aid groups are comprised of licensed attorneys who provide free or discounted legal assistance and representation for poor and marginalized individuals who cannot afford the services of a lawyer. Regarding the Remain in Mexico program, legal aid is provided to assist migrants who are generally uneducated and speak little or no English.^[iii]  More specifically, attorneys involved in providing legal aid to these migrants engage in a basic legal orientation and briefing on what to expect in U.S. Immigration Courts. A description of their legal rights is also provided along with possible ways to be considered eligible for an exception in the asylum policy and therefore to remain in the United States.

Legal aid groups have  provided free legal assistance to roughly 4,000 out of about 70,000 migrants involved in the program in the past. However, recently many legal aid groups located along the border between Mexico and the United States have rejected the current administration’s request.

Why are some legal aid groups no longer involved in the Remain in Mexico program?

Due to the incredibly high crime rate in northern Mexico, members of the legal aid groups that were previously providing legal assistance to migrants involved in the Remain in Mexico program claim it is too unsafe and too dangerous to send attorneys to that part of the world. There have been a grave number of kidnappings, instances of rape, and other violent crimes against migrants who are sent back to Mexico. These reported crimes could easily affect the attorneys and legal aid groups that are providing assistance as well.

The Immigration laws of the United States are complex and intricate. The assistance of an attorney is crucial to one’s success in applying for legal status. If you, or any family members or friends, are looking for assistance in obtaining legal status and residing in the State of Tennessee, call Cole Law Group at 615-490-6020 to schedule a consultation with one of our Brentwood, TN immigration attorneys.

____________________________

^[i] Policy Guidance for Implementation of the Migrant Protection Protocols, Dep’t of Homeland Security (Jan. 25, 2019), available at https://www.dhs.gov/sites/default/files/publications/19_0129_OPA_migrant-protection-protocols-policy-guidance.pdf.

^[ii] Id.

^[iii] Aid Groups to Stop Representing Migrants in Remain in Mexico Program, Wall Street Journal (Feb. 24, 2022) available at https://www.wsj.com/articles/aid-groups-to-stop-representing-migrants-in-remain-in-mexico-program-11645707634?mod=saved_content.

As part of the response to the 2019 Novel Coronavirus (COVID-19), on April 22, 2020, the President issued a Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak (the “Proclamation”). The Proclamation, which is effective April 23, 2020, for a period of sixty (60) days, does significantly impact immigration for many individuals currently outside of the United States and seeking entry into the country on a permanent basis. Nevertheless, the Proclamation also has many exceptions, and it appears likely that the Proclamation will not ultimately prevent the majority of individuals seeking lawful permanent residency in the United States from obtaining green cards.

Generally, the Proclamation suspends and limits the entry of individuals who are not United States citizens or lawful permanent residents into the United States. Importantly, however, the Proclamation only applies to individuals who: (1) are outside the United States on April 23, 2020; (2) do not have an immigrant visa that is valid on April 23, 2020; and (3) do not have an official travel document other than a visa (i.e., an advance parole document, re-entry permit, or other official travel document) that is valid on April 23, 2020, or issued on any date after April 23, 2020, and permits the individual to travel to the United States and seek entry or admission.

Moreover, the general suspension and limitation on entry contained in the Proclamation has several exceptions and does not apply to several categories of individuals. Individuals falling within any of these exceptions will not be denied entry into the United States as immigrants due to the Proclamation. Specifically, the Proclamation does not apply to individuals falling into any of the following categories: (1) any lawful permanent resident of the United States; (2) any individual seeking to enter the United States on an immigrant visa as a physician, nurse, or other healthcare professional, or to perform work essential to combating or recovering from the COVID-19 outbreak (including any spouse and unmarried children under 21 years old of any such individual(s)); (3) any individual applying for an EB-5 Investor Visa; (4) any individual who is the spouse of a United States citizen; (5) any individual who is a child of a United States citizen and under the age of 21; and (6) any member of the United States Armed Forces and any spouse and children of a member of the United States Armed Forces. In addition, the Proclamation contains exceptions for certain individuals designated by the Secretary of State or the Secretary of Homeland Security as being important to the furtherance of certain law enforcement objectives or whose entry would be in the national interest.

As a result, individuals who are already inside the United States and who are seeking to apply for lawful permanent residency should still be able to obtain a green card even with the new restrictions imposed by the Proclamation. Furthermore, the Proclamation authorizes consular officers to determine whether the restrictions contained in the Proclamation apply to any particular individual seeking entry into the United States as an immigrant. If a consular officer determines that the restrictions within the Proclamation do not apply to a particular individual, then that individual can still be admitted to the United States as an immigrant.

Additionally, the Proclamation does not apply to individuals seeking entry to the United States as nonimmigrants (i.e., individuals admitted to the United States for a specific, temporary period of time). Therefore, seasonal workers, tourists, and other individuals seeking entry into the United States on a temporary basis are not impacted by the Proclamation.

While the full extent of the legal impact of the Proclamation remains unclear, and court challenges to the Proclamation’s enforcement are possible, the Proclamation is currently set to expire by its own terms on June 23, 2020. It is possible that the Proclamation could be extended beyond June 23, 2020, (or extended in a modified form), and the Proclamation directs the Secretary of Homeland Security, in consultation with the Secretary of State and the Secretary of Labor, to provide a recommendation to the President no later than June 13, 2020, as to whether the Proclamation should be modified or extended.

If you think the Proclamation may impact you or a loved one, you should seek the legal advice of a knowledgeable immigration attorney immediately. During these uncertain times, it is more important than ever to seek the assistance of a professional and learn what your options are in the ever-changing world of Immigration Law. Contact a Nashville immigration attorney with Cole Law Group at 615-490-6020 to schedule a consultation and learn about whether you could be eligible for a green card.

ABOUT THE AUTHOR: Andy Goldstein

Andy Goldstein is an Associate Attorney and leads our Immigration Law team at Cole Law Group. He is a graduate of Belmont University College of Law and is admitted to practice in Tennessee state courts, the United States Court of Appeals for the Sixth Circuit, and the Immigration Courts of the Executive Office for Immigration Review (EOIR). Andy focuses his practice in the areas of Immigration Law and Family Law. Cole Law Group clients benefit from Andy’s passion for the law and dedication to serving them well.

Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.

Throughout America, one of the greatest struggles facing millions of immigrants is that of obtaining lawful permanent residence or – as it is commonly called – a “Green Card.” There are dozens of possible paths to obtaining a Green Card. Even many undocumented immigrants have a pathway to legal permanent residence available to them. Part 2 of this series focuses on family-based immigration and some of the ways immigrants can seek a Green Card through family relationships they have with relatives who are U.S. citizens or legal permanent residents. If you missed Part 1 of this series (an overview to obtaining a Green Card), you can find it here.

Currently, family-based immigration results in greater numbers of admissions than the other categories of immigrants. As specified in the Immigration and Nationality Act, eligibility for family-sponsored immigration is determined by an immigrant’s familial relationships to U.S. citizens or legal permanent residents. See 8 U.S.C. §§ 1151, 1153. If an immigrant can be categorized as an “immediate relative” of a U.S. citizen, he or she may be exempt from the waiting times that apply to other categories in family-based immigration. However, immigrants seeking to obtain lawful permanent resident status through their marriage to a U.S. citizen may also be subject to heightened scrutiny and evidentiary requirements. Determining your eligibility for a family-based immigration category, as well as which category is best for you, is a complex process that should not be attempted without the assistance of an immigration attorney.

Generally, the process of obtaining a Green Card in family-based immigration starts with the filing of a visa petition by the immigrant’s relative in the U.S. Visa petitions are generally filed with the United States Citizenship and Immigration Services (“USCIS”), an agency within the Department of Homeland Security. Generally, a USCIS Officer will be responsible for adjudicating the visa petition. Approving a family-based visa petition can be discretionary for a USCIS Officer. Therefore, it is crucial to complete the visa petition in the legally correct manner and with sufficient supporting evidence to prove the bona fide nature of the family relationship. To gather the necessary evidence and complete the visa petition properly, it is important to secure the legal counsel of an immigration lawyer before submitting a visa petition to USCIS or any other government agency.

If USCIS approves the visa petition, the next step depends on the location of the immigrant. Those outside the U.S. generally must go through consular processing at a U.S. Consulate in their native country, while those inside the U.S. may be able to stay inside the U.S. and obtain their Green Card through a process known as adjustment of status. Some qualifying immigrants already inside the U.S. may have to leave the U.S., go to the U.S. Consulate in their native country, and return to the U.S. after consular processing.

Under American Immigration Law, the primary family-based immigration categories are: (1) spouses, children, and parents of certain adult U.S. citizens; (2) unmarried children of certain U.S. citizens; (3) spouses and certain children of legal permanent residents; (4) certain children of legal permanent residents; (5) certain married children of U.S. citizens; and (6) siblings of U.S. citizens. See 8 U.S.C. § 1153(a). Adopted children of U.S. citizens and legal permanent residents may be eligible in some cases. All but one of the above categories are subject to statutory annual limits on the number of visas which may be issued. Depending on the applying immigrant’s category, he or she may have a waiting period before an immigrant visa number becomes available. Other factors, including prior criminal history or previous length of time in the U.S., can impact eligibility.

Nevertheless, determining your categorical eligibility is an intricate and legally complex analysis. In some cases, the denial of a visa petition could result in the immigrant being placed in removal proceedings and facing the possibility of deportation. It is strongly recommended that you consult with an immigration attorney to determine your eligibility and file your visa petition properly. Call Cole Law Group’s Nashville immigration attorneys at 615-490-6020 to schedule a consultation and determine what type of visa petition is best for you to obtain a Green Card and obtain lawful permanent residence.

The “Green Card” – to some, it is a symbol of hope, accomplishment, and security for a new life in America. To others, it symbolizes peace of mind, enduring stability with loved ones, and extinguishing the fear of deportation. Regardless of background or viewpoint, obtaining a Green Card means successfully completing the path to legal permanent residence. While millions of immigrants throughout the United States want a Green Card, relatively few of those immigrants ultimately succeed in acquiring one. For a variety of reasons, many immigrants find obtaining a Green Card challenging and difficult. This series of posts – while far from comprehensive or a substitute for legal counsel – discusses some of the ways immigrants in the United States can obtain status as a lawful permanent resident.

In the legal sense, acquiring lawful permanent resident status is the same thing as obtaining a Green Card. Upon receiving lawful permanent resident status, the immigrant is given an identification card. Over time, people began referring to these identification cards as “Green Cards” due to the green backdrop on the cards. Thus, while many people consider the Green Card to be the key to legal status, the card itself is really nothing more than a piece of plastic – the true prize is obtaining the status of lawful permanent resident.

But how can you get status as a lawful permanent resident? It depends. Every case is different, and there are dozens of possibilities. The current immigration system utilizes four (4) main categories of immigrants: (1) family-sponsored immigrants; (2) employment-based immigrants; (3) diversity immigrants; and (4) humanitarian immigrants. Within each category there can be several additional sub-categories, all with differing eligibility requirements. In addition, many of those categories have numerical limits on the number of visas that can be issued each year, resulting in various wait times. Therefore, it is not uncommon for many immigrants to be eligible to apply for legal permanent residence but have a waiting period before they can actually complete the process and obtain their Green Card. Even outside of these four (4) main categories, there are several other possible paths to receiving lawful permanent resident status. Indeed, even immigrants currently in removal proceedings and facing deportation may be able to obtain a Green Card and adjust their status to that of a lawful permanent resident.

Criminal history can be another major factor affecting which paths are available to you in obtaining lawful permanent resident status and acquiring a Green Card. Determining whether particular crimes will change your eligibility to obtain a Green Card can be an extremely complicated process and should not be attempted without the assistance of an immigration lawyer. This analysis can also be impacted by the total number of criminal offenses, how long ago the criminal offense occurred, where the criminal offense occurred, the ultimate disposition of each offense, and many other factors which must be considered on a case-by-case basis. In some cases, immigrants can overcome past criminal offenses by presenting sufficient evidence and an adequate explanation. If you want to become a legal permanent resident but do not know how a criminal incident from your past affects your options, it is highly recommended that you seek the advice of an immigration attorney.

Even if you doubt your ability to apply for status as a lawful permanent resident, don’t give up hope. Many immigrants have several paths to permanent residence, and many more are surprised to learn of the paths available to them. As the remaining parts of this series will discuss, the path towards peace of mind and lifelong stability may very well be within your grasp. If you are interested in learning more about your potential path(s) to legal permanent residence, call Cole Law Group today at 615-490-6020 to schedule a consultation with one of our Nashville immigration attorneys.