On July 12, 2011, the United States Citizenship and Immigration Service (USCIS) announced that, effective September 30, 2011, it will no longer offer parole to Lautenberg category individuals who are denied refugee status in Moscow. This effectively means the end of the USCIS Moscow Parole Program. The USCIS warns that individuals who have been offered parole by USCIS in Moscow must make plans to arrive in the United States by September 30, 2011.
The Lautenberg Amendment to the Foreign Operations Appropriations Act allowed certain individuals who were denied refugee status to be inspected and paroled into the United States on a humanitarian basis. Since 1994, this provision was limited only to individuals from the former Soviet Union and included Jews, Evangelical Christians, and Ukrainian Christians of the Orthodox and Roman Catholic denominations. Even if they were denied refugee status, eligible individuals could receive parole in Moscow, enter the United States, and apply for a green card after having resided in the U.S. for one year without regard to visa availability.
However, the United States Congress has not extended this Lautenberg Amendment provision, which expires with respect to all categories of individuals paroled after September 30, 2011. Consequently, after September 30, 2011 the USCIS will no longer authorize parole for denied refugee applicants, because parole only allows a person to enter the United States but does not provide a path to permanent immigration status.
Nevertheless, a person who wishes to immigrate to the United States still has many options to do so. For example, if you are denied refugee status and not offered parole, you can submit a Request for Review of your denied refugee case. In order to qualify for a review of your denied refugee case, you have to show that (1) a significant error was made by the officer handling your case; and/or (2) there is new information that would merit a change in the decision. Generally, you have to file a request for review in your case within 90 days from the date of the denial notice.
Even if you do not qualify for a review of your denied refugee case, you may have other immigration options, especially if you belong to an ethnic or religious minority from the former Soviet Union. If you are already in the United States, you may be able to obtain asylum here, and some of your relatives outside the country may qualify for asylum as derivative beneficiaries and join you in the United States.
Attorneys at I.S. Law Firm have helped a number of individuals from post-Soviet republics to obtain permanent residency in the United States. We understand the suffering of ethnic and religious minorities, which, unfortunately, continues to this day in many post-Soviet states. To explore your immigration options, please contact us at 703-527-1779.
