Elena Manilich, a distinguished immigration lawyer in the USA with Ukrainian roots, stands at the forefront of assisting individuals in navigating the complex landscape of immigration. With three degrees and a wealth of experience in both business and law, Elena is dedicated to helping people achieve legal status in the United States.
Changing Status: Political Asylum to Work Green Card:
In a recent interview, Elena sheds light on a crucial aspect of the immigration journey — changing status from political asylum to a work green card. Many individuals find themselves in a situation where their political asylum case is stagnant, prompting a desire to explore alternative paths for legal status. Elena emphasizes that relying solely on a refugee petition does not grant legal status in the USA. The process of transitioning from asylum status to a work green card is intricate and varies based on individual cases.
Exploring Alternatives:
Elena addresses the common concern where individuals, having settled in the USA, started businesses, and seek resolution for their document issues. In such cases, filing a refugee petition alone may not be sufficient. While there is no established process for transitioning from asylum status to a work green card, Elena highlights court decisions affirming the possibility of such a transition in certain cases. The outcome, however, is contingent on the discretion of immigration offices and officers, with variations based on the state where the case is reviewed.
Work Green Card Categories:
Elena discusses potential avenues for individuals seeking to change their status. Work green cards through employer sponsorship (EB3), extraordinary individuals in business, arts, sports, or education (EB1), or those contributing to the national interest (EB2NIW) are presented as viable options. Each category has its requirements, and choosing the right path depends on the individual’s circumstances.
Traveling Legally During the Process:
One of the concerns raised by individuals considering a change in status is the ability to travel legally. Elena provides clarity on this matter, stating that if an applicant applies for an adjustment of status, they can request work authorization and travel documents. As of today, obtaining travel documents takes approximately three months, opening the possibility for legal travel outside the country.
Case-Specific Considerations:
Elena addresses a case involving a trucking business owner looking to transition to EB2NIW. While acknowledging the viability of the case, she emphasizes the challenge of changing status from asylum to permanent resident status under the EB2NIW category. Depending on the circumstances, considering obtaining an immigration visa through the embassy may be a viable option.
Traveling with Advance Parole:
Responding to concerns about potential issues during re-entry with Advance Parole obtained through EB2NIW, Elena acknowledges that while there is always a chance of denial, it is typically based on legal issues or suspicions of terrorism. If all documentation is in order, individuals should be allowed re-entry.
Handling Denials and Multiple Petitions:
Elena clarifies that U.S. immigration law does not prohibit filing multiple petitions. If a change of status to EB2NIW is denied, individuals can explore other paths without affecting subsequent petitions. This flexibility allows individuals to pursue various avenues for legalizing their status.
Elena Manilich’s insights provide a roadmap for individuals navigating the intricate process of changing status from political asylum to a work green card. As a beacon of guidance in immigration law, Elena’s expertise equips individuals with valuable knowledge to make informed decisions on their journey to legal status in the United States.
Published By: Aize Perez
