Pause in Parolee Processing

[Mariupol 1]

My elderly mother-in-law escaped from wartorn Mariupol in May 2022 and came to USA under U4U. Since then she has renewed her parole once, received TPS, and applied for asylum. In 2024 her daughter became naturalized so we filed for immediate family AOS. I-130 was approved immediately, so we filed 485 in October 2024. The case has been under active review ever since; no RFEs, biometrics waived, and interview also shows as waived although I have my doubts about that. 

 

On Feb 14 of this year, USCIS introduced a pause on all applications filed by parolees, including TPS, asylum, and AOS. A federal court recently ordered the agency to resume processing but who knows what will happen? At this point her parole and TPS are expired, and all she has is a work card associated with her asylum application, good until 2028. 

 

I have a basic legal understanding of "authorized stay" which allows an applicant such as my mother to remain in the country while her application is pending, without accruing unlawful presence. It is not a legal status. 

 

This issue seems not so clear on the USCIS side. According to them, "a pending application or petition does not automatically afford protection against removal if the alien’s status expires after submission of the application." The news is full of people with pending asylum petitions that are picked up and put on planes.

 

If USCIS pauses adjudication of her pending AOS indefinitely, then does her period of "authorized stay" also last indefinitely? How much protection does this really give her?

 

Edited June 3 by Mariupol

[Boiler 47,199]

I would be concerned about her Asylum claim, does she have a Lawyer?

[Mariupol 1]

I had a lawyer advise me on her asylum claim. She has a bonafide case for sure, since her home is under occupation, she would refuse to accept a Russian passport, and she would therefore suffer the consequences. Relocation elsewhere in Ukraine under her circumstances is out of the question.  

 

That being said, her green card application is very straightforward. 

[Boiler 47,199]

She was able to get out of Russia, I could see that working, I think all the U4U cases I have seen is where people have left Ukraine.

 

The Parent of a USC route will be a lot quicker, Asylum can take forever.

 

I cant tell how these are processing, I have seen the pause mentioned but that is recent and I can not tell if it actually happening. Did she apply for EAD as part of her adjustment? She has the NoA?

 

[Mariupol 1]

Did not apply for EAD for her AOS since she already had one until 2028 for her asylum case. Hopefully her green card is issued by then. 

 

Only docs she has received for the AOS case is a receipt and waiver of biometrics. Same goes for her asylum case, which is waiting for interview. 

[Mariupol 1]

It's true that most U4U parolees fled from Ukrainian territory due to the war. In our case, her home is in occupied territory alongside filtration camps. Her fears of persecution on the basis of nationality and political opinion are real and amply documented. 

Edited June 4 by Mariupol

[Boiler 47,199]

Like I said this is the first case I have seen where someone was able to use the U4U to get out of Russia.

 

Asylum cases take a very long time and I think it would be reasonable to believe that her AOS through her child would come first.