Between love and politics: US immigration makes it difficult to get permanent status for new immigrants

The policy of the White House administration aimed at reducing immigration also affects those who are legally in the United States, including immigrants from post-Soviet countries. Lawyers warn: in case you have several reasons for obtaining a green card, immigration services can try to do everything possible to choose the most difficult and time-consuming option for you. Immigration lawyer Ekaterina Muratova shared with ForumDaily readers tips on how to protect yourself from unauthorized actions by officials.

Immigration lawyer Ekaterina Muratova. Photos from the personal archive of Catherine Muratova

Love and politics

Sergey Kekukh came to the United States in the fall of 2016 on a tourist visa, and at the beginning of next year he applied for political asylum. In his native Belarus, Sergei actively participated in the activities of the opposition party, in many protests by civil society and in preparation for the elections.

“About six months before the election, all activists began total surveillance, often attempts of pressure and intimidation. There are no guarantees that, having returned back, I will not again encounter such a thing. In addition, even here, in exile, I periodically participated in the actions of the Belarusian opposition, and my activities are well known to both local and Belarusian authorities, ”says the refugee.

Shares of the Belarusian opposition in the United States. Photo from the personal archive of Sergey Kekukh

Shares of the Belarusian opposition in the United States. Photo from the personal archive of Sergey Kekukh

The lawyer, with whom Sergey dealt with at the beginning, advised him to simply submit the completed form, having brought the necessary evidence immediately before the interview. This option is completely allowed by immigration regulation, but the emigrant suspects that this was the reason for his difficulties in the future, since his application, which was not supported by evidence, might seem suspicious to immigration officials.

“In fact, I detailed my story at the very beginning, but it is possible that the lawyer did not consider it necessary to include it at the initial stage - perhaps considering that in this case it would be easier to edit it immediately before the interview,” he explains.

Shares of the Belarusian opposition in the United States. Photo from the personal archive of Sergey Kekukh

Shares of the Belarusian opposition in the United States. Photo from the personal archive of Sergey Kekukh

While Sergey was waiting for the start of his case and an interview, serious changes took place in his life. Common friends introduced him to Marina, a girl who had long been living in the United States and had American citizenship. The young people fell in love and eventually got married. The young family has been living together for two years, and most recently a couple had a daughter. Then Sergey decided not to wait for his asylum case to be considered and to get a green card through marriage.

Sergey Kekukh with his wife Marina. Photo from the personal archive of Sergey Kekukh

Sergey Kekukh with his wife Marina. Photo from the personal archive of Sergey Kekukh

According to him, the US Citizenship and Immigration Services (USCIS) did not express any doubts about the authenticity of the relationship and approved the petition for family reunion. However, with the application for a change in status in the United States, that is, the actual receipt of a green card on the basis of marriage, problems arose - in violation of the deadlines, for several months the young man could not receive any response from American officials. In the end, information appeared on the USCIS website that Sergey would be sent a request for additional evidence in the case.

“However, we have not received a list of required evidence. At the end of April, the immigration service sent a paper saying that no further action was required of us, but my case was transferred to the asylum office, and the decision on it will be made no earlier than I I’ll go through an interview at the shelter, ”Sergey explained.

The emigrant is sure: his case is serious enough, and he will be able to prove the validity of applying for asylum and for interviews, and, if necessary, in court. However, Sergei admits that the immigration authorities may have suspected him of unreasonably filing a request for protection, and therefore of immigration fraud.

“Theoretically, even if the court refuses to grant me asylum, the authenticity of my marriage is not called into question by anyone. I think that in the end I will still receive permanent documents, but I don’t understand why I can’t get them in a simpler way if the law allows it? In case of considering the asylum case in court, I will have to spend a lot of money on a lawyer, a lot of time and nerves, and the waiting period for the status can again drag on for years. I have to renew my work permit every two years, and as a trucker and without a green card, I can’t get permission to transport a certain type of cargo, which affects my income, ”complains Sergey.

Bureaucratic battles

Meanwhile, immigration lawyer Ekaterina Muratova notes: although the suspicion of officials can be understood, a number of their actions against Sergei Kekukh were simply illegal.

“Since Sergei filed only a form without evidence, the immigration authorities could indeed suspect him of a baseless petition. However, such cases did not occur in practice before. If the person applying for asylum, while waiting, had some other reason to be in the country, whether it was marriage, work, and so on, we helped him calmly get a green card on this basis and closed the asylum case. However, in this case, when Sergey filed a petition to change his status on the basis of marriage, USCIS did not make any decision on his application, although he was obliged to do so within a month after the interview. They have no reason to refuse Sergei, so they just drag on time, ”explains Catherine.

Photo from the personal archive of Ekaterina Muratova

The lawyer wrote to USCIS, but there was still no decision, and only replies came in reply. In the meantime, the asylum office scheduled an interview with Sergey - but already about the asylum.

“I asked them to reschedule the interview, explaining that we were about to get a decision on another matter. This used to be common practice, and the immigration services have always met in such cases. But not at this time. However, in the end the interview did not take place, since the central office did not even have time to send Sergey’s documents to the local office workers. As a result, they postponed the interview, but did not manage to set a new date - the office was closed due to the coronavirus, ”says Catherine.
After six months of waiting for an answer on the issue or refusal to issue a green card on the basis of marriage, Ekaterina Muratova turned to the congressman for help. After his intervention, an update appeared on the service’s website promising to send Sergey a request for additional evidence. However, neither the lawyer nor her client received the promised document. Instead, they were suddenly informed that their marriage petition was now transferred to the asylum office.

“From a legal point of view, this is absolute chaos. Asylum office has no right to consider anything other than asylum. The USCIS Field Office has jurisdiction to review family reunification petitions, and they are required to adjudicate the Sergey case within a reasonable time. They had to make at least some decision: the issuance of a green card, a reasoned refusal to issue it or a request for additional evidence. Obviously, the purpose of such a delay in issuing a decision is to conduct asylum interviews. We do not doubt the weight of the asylum case and are ready for an interview. However, if, at the discretion of the officer, the case is brought to court after the interview, which happens even with the most powerful cases, and more often lately than a couple of years ago, thereby depriving Sergei of his legal right to receive documents on the basis of marriage for a few more years ” - explained the immigration lawyer.

Sergey Kekukh with his wife Marina. Photo from the personal archive of Sergey Kekukh

What to do?

Ekaterina Muratova has already written a complaint to supervisory authorities, and now she plans to file a lawsuit against USCIS in a federal court. According to her, now cases like Sergey have begun to turn into a trend, and Catherine’s colleagues also refer to the fact that they face similar behavior of immigration authorities.

“The first thing that can be advised to emigrants is by no means to submit an empty form for asylum. Remember that you always have the opportunity to provide additional evidence before the date of the interview. However, at the initial stage, it is important to at least describe your story, and even better - provide at least minimal evidence of its veracity. The empty form immediately leads officials to suspicions, so it is better to prepare the case in advance, ”advises Yekaterina Muratova.
If the situation has already arisen, the immigration lawyer assures: there are legal opportunities to influence USCIS.
“They cannot be forced to make a positive decision in your case, but you can be obliged to make at least some decision. People pay the state fee, and are required to get the service they paid for. To do this, you can make a complaint to the congressman, to the supervisory authority (ombudsman’s office) or to the court, and it’s better to use all these methods at the same time, ”Catherine advises.

According to a lawyer, there are no exact terms from the moment of filing the petition to the appointment of an interview, however, in practice, consideration of applications for changing status in connection with marriage is considered within a year from the moment of filing, and in connection with work, depending on the category of application, the period is from one to two years old. As regards the consideration of political asylum cases, statistics can vary drastically. Those who submitted applications before 2018 may have a waiting period of several years. Since 2018, the line-up has changed, and new applicants can be called in for interviews for several months or put off their affairs for a longer period.

“Regarding work or marriage, the USCIS website indicates the dates on which the petitions currently under consideration have been filed. If a person sees that he has “dropped out” of the queue, and that applications that are submitted later than his own are being considered, this may already be a reason for concern and sufficient reason to contact USCIS with questions. When the interview has already been completed, then for all reasons the immigration service is obliged to give an answer within a month after it. If the period is delayed for a couple of months, it is not so scary, but when this period becomes longer, this is an occasion to start acting, ”explains Ekaterina Muratova.

Read also on ForumDaily:

Abolition of maternity tourism and family reunion: lawyer answers ForumDaily readers' questions

Conflicts in the family: lawyers talked about how to protect yourself and your immigration status

Everything about the Green Card Lottery and how not to lose your winnings: the lawyer answered readers' questions ForumDaily

Do you want more important and interesting news about life in the USA and immigration to America? — support us donate! Also subscribe to our page Facebook. Select the “Priority in display” option and read us first. Also, don't forget to subscribe to our РєР ° РЅР ° Р »РІ Telegram  and Instagram- there is a lot of interesting things there. And join thousands of readers ForumDaily New York — there you will find a lot of interesting and positive information about life in the metropolis.