Advocating for our Newcomer Families in 2025 

With the recent change in administration and the executive orders directed at the immigration system, we know that many of our NSTs have an increased interest in learning how they can advocate for the families they’ve welcomed.   

Here is a summary of learnings to date, including those from our recent information sessions.  Please remember that this information is not a substitute for legal advice on individual cases, and we recommend consulting with an immigration attorney with questions about your individual case. 

Update from Liz on 02/01/2025

We received a heartbreaking report last night that there are imminent plans in place by the current administration to terminate the legal status of all newcomers who are in the U.S. with Humanitarian Parole status, starting with those who entered through the process for Cubans, Haitians, Nicaraguans, Venezuelans (CHNV) or Uniting for Ukraine sponsorship programs.

If this occurs, parolees who do not already have another legal status, such as Temporary Protected Status (TPS), or who do not already have a pending application for TPS or asylum, will be considered by the administration to be out of status and unauthorized to be in the U.S. In these cases, parolees may be prioritized for removal as hinted at in the DHS memorandum on expedited removal issued on January 23, 2025.

WHAT YOU CAN DO NOW 

  1. Seek advice from a competent immigration attorney to seek alternative status immediately, such as TPS or asylum, if eligible. Advise anyone you know with HP status to do the same. Specifically: 

    • If parolees have an asylum case they are working on, they should submit it as soon as possible. It is free to file. 

    • If parolees have not yet filed for TPS but are eligible, they should apply immediately. We do not recommend filing a request for a fee waiver as that will slow the application. 

    • Sponsored individuals from the below countries are eligible to apply for TPS if they have been in the U.S. since the listed date (consult the USCIS website for the full list of eligible countries): 

    • Haiti: Continuous residence in U.S. since June 3, 2024 

    • Ukraine: Continuous residence in the U.S. since August 16, 2023 

    • Venezuela: Continuous residence in the U.S. since July 31, 2023 

    • Cubans are eligible to apply for lawful permanent residency one year and one day after they have arrived in the U.S. 

  2. Join the conversation with other NSTs and WelcomeNST on the NeST, our private Facebook page. We will be posting updates, Know Your Rights information, and you can ask and answer questions. Click here to join.

  3. Encourage asylum seekers to join the Asylum Seeker Advocacy Project (ASAP). This free membership provides community and legal support to 650,000 asylum seekers around the country. https://www.asylumadvocacy.org 

This change is expected to apply first to individuals/families participating in the Cuban, Haitian, Nicaraguan, and Venezuelan (CHNV) parole program; and then to other programs such as Uniting For Ukraine (U4U), Operations Allies Welcome (OAW), Parole granted through Safe Mobility Offices (SMO), Central American Minors (CAM) program, and Family Reunification Parole programs for nationals of Colombians, Cubans, Salvadorans, Guatemalans, Haitians, Hondurans, and Ecuador. 

Know Your Rights Resources

  • KYR explainers in multiple languages

  • KYR videos in multiple languages

  • KYR handouts in multiple languages

  • “Red Card” templates in multiple languages that newcomers can keep on their person to show any law enforcement officer, if stopped.

Legal Immigration Status Descriptions 

Refugee 

  • Fled their home country and has a well-founded fear of persecution on the basis of race, religion, nationality, membership in a social group, or political opinion if they were to return. 

  • Applied for and approved overseas through United States Refugee Admissions Program. 

  • Once approved and admitted to the U.S., they have a path to permanent residency and citizenship as long as they do not meet one of the grounds for loss of status (i.e. committed a serious crime, presents a security risk, etc.) 

  • Granted to those who came through Welcome Corps. 

Asylee 

  • Arrived in the U.S. after fleeing their country and has a well-founded fear of persecution on the basis of race, religion, nationality, membership in a social group, or political opinion if they were to return. 

  • Must be applied for within a year of arrival in the U.S. (unless they held another legal status for more than a year after arriving). 

  • Once approved, they have a path to permanent residency and citizenship as long as they do not meet one of the grounds for loss of status (i.e. committed a serious crime, presents a security risk, etc.). 

  • If asylum is denied, deportation proceedings can begin immediately. 

Humanitarian Parolee 

  • Temporary status that is granted to noncitizens with an urgent humanitarian need, usually for a 2- or 3-year period. 

  • Can be revoked at any time without notice. 

  • To extend their stay, parolees must apply for re-parole (if eligible) or a more durable status, such as asylum. 

  • Granted to those who came through Operation Allies Welcome, Uniting for Ukraine, CHNV, and Safe Mobility Offices (SMO). 

Temporary Protected Status (TPS) 

  • Designated for nationals of specific countries with conditions that prevent safe return, such as civil war or environmental disaster. 

  • Some current countries whose nationals are eligible for TPS are Afghanistan, Haiti, Ukraine, and Venezuela. 

  • Must apply for this status and re-register during each registration period to maintain status. 

  • TPS can be revoked, but DHS would issue a public notice in the Federal Register and set the time of TPS ending so the holders of TPS could prepare to leave the U.S. or apply for other immigration pathways. 

Special Immigrant Visa (SIV) 

  • Granted to Iraqi or Afghan nationals who were employed by/on behalf of the U.S. government or provided interpretation or translation services to the U.S. Armed Forces in Iraq or Afghanistan. 

  • Recipients qualify for lawful permanent residence and the eventual opportunity to apply to become a U.S. citizen, unless status is revoked under certain circumstances. 

  • May be available to some who came in through Operation Allies Welcome. 

Permanent Resident (Green Card Holder) 

  • Granted to people from a variety of statuses, including Refugee and Asylee, and for a variety of reasons, including employment and marriage. 

  • This process has three stages and can take years to complete. 

  • Gives permission to live and work permanently in the U.S. unless it is revoked for reasons such as a violation of immigration laws, conviction of a serious crime, or fraud. 

  • This is the most secure immigration status a noncitizen can hold. 

 

Additional Pathways to Residency 

  • U Visa – available to immigrants who have been victims of crimes within the U.S. 

  • Special Immigrant Juvenile (SIJ) Visa – available to those under 21 who have a claim of abandonment, abuse, or neglect by at least one parent, even if they reside with the other parent. 

  • Employment (EB-3) Visa – applied for by the noncitizen’s employer, who must demonstrate that there are no qualified U.S. citizens or permanent residents able to perform the job. In most cases, the noncitizen must have at least 2 years of experience or an advanced degree in the field. 

  • H-1B Work Visa – available through a lottery system (selected in March-April each year) for anyone eligible who applies. Requires a bachelor’s degree or equivalent in the field. 

 

Work Authorization 

  • Those who have been granted refugee status, asylum, humanitarian parole, or TPS (along with other specific visas) are eligible to work in the U.S. by filling out form I-765 and obtaining their Employment Authorization Document (EAD). 

  • Currently, those who have applied for asylum (and do not already have their EAD through another status) must wait 180 days after filing their asylum application before applying for their EAD. 

  • The new administration can make obtaining work authorization more difficult for those who have applied for asylum and are awaiting decision. In August 2020, the Trump administration changed the waiting period to 365 days, so we may see this, or other action, in the near future. 

 

Changing Status 

  • A noncitizen can apply for one legal status while holding another status. For example, those who are humanitarian parolees may find it advantageous to go ahead and apply for TPS, if eligible. 

  • If one status is revoked, but a noncitizen has already applied for another status, they are allowed to stay in the U.S. until a decision is made on that application. 

  • Since deportation proceedings can begin after asylum denial, it is beneficial to have another, more secure status in place prior to or added during asylum application, such as TPS. 

  • It’s best to consult a licensed immigration attorney before taking any action to change one’s status. An attorney can review the specifics of a case and give advice on the best direction, along with how to avoid pitfalls. 

  • When applying for a change of status, a noncitizen may receive a Notice of Intent to Deny (NOID) from USCIS. This lets them know of the upcoming possibility of denial of their petition for a specific immigration status and outlines the reasons, giving them a chance to correct or respond to any issues. If a NOID is received, it is best to consult an immigration attorney for how to proceed. 

  • Under the new administration, we could see substantial changes to the process of applying for a new status, such as more USCIS interviews, increased evidence requirements, and the return of the I-944 – Declaration of Self-Sufficiency. 

 

Additional Notes 

  • For Ukrainians: Most attorneys will tell you that asylum cannot be argued for Ukrainians. However, one of our guest lawyers, Dana Bucin, has successfully argued asylum for multiple Ukranian families on the basis of persecution for nationality. This is especially true for those who lived in eastern Ukraine. 

  • Be mindful of the I-94 expiration date. Overstaying an expired I-94 can result in negative consequences, including a loss of visa or barring from re-entry for an extended period. 

 

Legal Contacts

Immigration law is federal, so immigration attorneys are legally able to represent clients from any state. However, some lawyers choose to work with clients in certain states and there may be benefits to working with a lawyer in your state or region because of incurred travel expenses. Here are a few specific attorneys we can recommend who have capacity for new clients, along with a directory recommended by one of our partners.

Additional Resources 

  • USCIS website – This has information on every immigration program, including eligibility requirements and how to apply.