How I applied for a Green Card

Journalist Elizaveta Kirpanova reports on the first steps toward permanent residence in the US after receiving asylum

On April 20, 2023, Elizaveta Kirpanova, a former special correspondent for the Russian newspaper “Novaya Gazeta,” was granted asylum in the United States. This significant milestone occurred precisely one year after she crossed the US-Mexican border in Tijuana, considered one of the most dangerous cities in the world. With her official immigration status secured through the court, she now shares insights into the subsequent steps of her legalization journey – acquiring a “White Card” and the process of submitting documents for a Green Card, given the strain on the state system, with the current wait extending over several years.

Last year

In March 2022, shortly after Russia invaded Ukraine, my husband, actor Georgii Manucharov, and I left the country. We spent several days in the United Arab Emirates, three weeks in Armenia, and then flew to Mexico. Subsequently, at the automobile port of Tijuana, we crossed the US land border and requested asylum from American officers. You can read about why we decided to take this step in the first part of my report.

As our passports did not have US visas, the officers detained us and placed us in a temporary detention unit at the border. A week later, we were transported in handcuffs, like real criminals, to an immigration detention center in Louisiana. I spent another nine days there, and Georgii — three weeks. Our “adventures” are described in more detail in the second part.

We were released from the detention center on parole (DT). After leaving Louisiana, we flew to the southeastern state of Georgia, where our sponsor, a relative of Georgii, lived. He was supposed to confirm to the border officers that he knew us and was ready to accommodate us at his home. However, living at his place was no longer needed. By that time, my parents, who had arrived in the United States a year earlier, were already renting a house in the suburbs of Atlanta. There was a free room available for us.

Obtaining asylum in the United States is an expensive and very difficult process. People who cross the border illegally are automatically placed in the “expedited deportation” process by authorities. However, the asylum seeker cannot be deported without a trial. Hiring an immigration lawyer can help withdraw the removal proceedings. We enlisted the services of Carolina Antonini from Antonini and Cohen Immigration Law Group.

Asylum

As a former journalist of the independent Russian newspaper “Novaya Gazeta,” I served as the main applicant in our case. My husband's situation was contingent on mine: if asylum were approved, he would automatically be granted the same status.

Typically, the trial unfolds in two stages. The initial phase is the Master Hearing, during which the immigration judge meets with the applicant to confirm the submission of Form I-589, a formal petition for asylum. Subsequently, a date is set for the Individual Hearing, where the applicant's case is evaluated on its merits, and the judge renders a final decision — either granting asylum or denying it.

I received notice of the first court date — September 2022 — immediately after leaving the detention center. However, after our attorney filed Form I-589 in the Atlanta Immigration Court in July, the Master Hearing was canceled. Instead, I was promptly scheduled for a final trial in April 2023, precisely one year after crossing the border. 

This was remarkably swift. As of the latest data, there are over 2.1 million asylum cases in the court system, and securing a Master Hearing alone can take up to ten years.

During the wait for the trial, I diligently worked on my case almost every day. I independently translated all evidence — court documents, police protocols, medical certificates detailing beatings, media articles — updating my testimony as the news agenda evolved. I monitored lawyers' blogs for changes in immigration laws and followed daily discussions among asylum seekers in Telegram chats. Additionally, I honed my business English to avoid the need for a translator in court.

Shortly before the final hearing, the Department of Homeland Security (DHS), acting as the state prosecutor, proposed that the judge close my case “in the exercise of its sole and unreviewable prosecutorial discretion.” If approved, my husband and I would exit the deportation process, though legal status would remain elusive. To attain it, we would need to resubmit Form I-589, not to the court, as before, but to the USCIS immigration service. An officer would then conduct an interview and make a decision on asylum. While this process is considered simpler than a court proceeding, the wait for an interview can be lengthy.

Given the uncertainty of lingering in legal limbo for several more years, we, along with our attorney, contested the DHS petition. As a result, the prosecutor did not appear at our hearing, and the judge opted to assess our case on its merits.

My hearing spanned approximately three hours. During this time, I recounted the main episodes of persecution by the Russian authorities throughout my five years at “Novaya Gazeta.” I also detailed the fear of future persecution linked to the arrests and imprisonment of my colleagues — independent journalists — for criticizing the war in Ukraine.

Judge Suzette Smikle listened attentively, posed clarifying questions, and soon declared her decision. Until recently, the outcome was uncertain to us. Georgia is renowned for being one of the toughest states for asylum, with an average judge refusal rate of 94%. Fortunately, we did not fall within these statistics. Judge Smikle granted us asylum. For more details about the trial proceedings, refer to the third part of my report.

White Card

Following the trial, Georgii and I were officially granted the status of Asylees. It allows us to legally reside and work in the United States and also permits us to bring our immediate relatives — spouse and children, provided they were outside of America at the time of case consideration. Reunification with parents and siblings is also possible, but only after obtaining citizenship.

The confirmation of asylee status comes through a court decision received a few days after the final hearing. Another essential document is the White Card or Form I-94 Asylum Granted, issued by USCIS.

To apply for the White Card, I initially contacted the Emma chatbot on the immigration service website, requesting assistance from a real representative. Although it's possible to call USCIS directly, there's a risk of being on hold for several hours without success. The bot connects with a live employee much faster. I provided my name, address, telephone, email, and A-number, explaining that I wanted to obtain an I-94 Asylum Granted based on a court order. The USCIS representative accepted my application, and about two weeks later, I received a call back with an appointment at the local Atlanta office. We followed the same procedure for Georgii.

On the appointed day, we visited USCIS. After presenting our ID and the court decision, we were promptly issued the White Card. Unlike other IDs, which are plastic, it turned out to be a small piece of paper with stamps and a hand-glued photograph containing essential information such as name, date and country of birth, date of entry into the United States, date of receiving asylee status, A-number, I-94 number, and the phrase “employment authorized” without an expiration date.

While not mandatory, obtaining a White Card is convenient. In the United States, it's common to present proof of legal status, for example, when obtaining or replacing a driver's license. Showing a White Card is simpler than presenting a multi-page court decision.

After acquiring asylee status, we also updated our Social Security Number (SSN). There are three types of SSNs in the US. The first, a card with a name and number without any inscriptions, is required for US citizens and “people lawfully admitted to the United States on a permanent basis.” The second is an SSN with the inscription “Not valid for employment,” which cannot be used for work but is necessary when applying for social benefits. We had the third type — with the inscription “Valid for work only with DHS authorization.” 

While this inscription has little impact on daily life, there was one instance where such a restriction affected us. In the spring, Georgii updated the electricity bill in his name, and due to the restriction on the SSN, the option to pay afterward was denied. We had to opt for a prepaid account, where you first load money onto your balance, and then electricity is supplied to the house.

Unsure if similar minor issues would arise in the future, we decided to remove the restriction from our SSNs. Armed with the court decision and the White Card, we visited the local Social Security Administration office. Initially, the service employee stated that we were not entitled to an SSN without restrictions. However, after presenting pre-printed documents from government agencies, she accepted our applications. Two weeks later, we received new SSN cards without restrictions, similar to those issued to ordinary American citizens.

Green Card

Asylees are eligible to receive a Green Card, or, in other words, become lawful permanent residents of the United States. Formerly, an applicant had to reside in the United States for a year under Asylee status before applying for a Green Card. However, USCIS changed the rules in February of this year. The new policy specifies that one can apply after a year of physical presence in America, regardless of the status held during that period before receiving asylum.

For instance, under the old rules, if I received asylum on April 20, 2023, I could apply for a Green Card starting April 20, 2024. Under the new rules, I can apply starting from the next day, April 21, 2023, since it marks exactly one year since my physical entry into the US.

However, there's a catch. As Carolina Antonini explained to us, at the time of adjudicating documents by USCIS, we must still be in Asylee status for at least a year, even if we have already met the physical presence criterion. If we apply the day after the trial, there's a minimal risk, according to the lawyer, that the immigration service will consider our case ahead of schedule. Currently, the processing of a Green Card takes several years. Nevertheless, Antonini advised us to wait six months after the trial, ensuring that USCIS would not process our applications in the remaining time.

To apply for a Green Card, one needs to fill out Form I-485. We decided to hire a lawyer at this stage as well. Some friends suggested: “Why do you need this? You can easily fill it out yourself!” This reaction typically comes from people who have not yet obtained any legal status. Many immigrants fail to realize that applying for a Green Card under the asylum category is not the same as applying for a Green Card through marriage or a work visa. In our case, it is more complex, involving the risk of making errors due to ignorance.

The risk of error comes with a hefty price tag of $1,225 — the current state fee for applying for a Green Card for one person.

If USCIS rejects the application due to errors, this money will not be refunded. While one may be exempt from paying the fee with a low official income, this condition no longer applies to us. To avoid the risk of losing almost two and a half thousand dollars and, more importantly, for my peace of mind and confidence in a successful result, we chose to hire Antonini. Although applying for a Green Card with a lawyer costs less than working on a political asylum case, the amount remains substantial.

Numerous online paralegals offer to fill out Form I-485 for a couple of hundred dollars. Out of curiosity, I explored the prices for Green Card services from consultants associated with one of the largest Russian-language Telegram channels for adaptation in the United States. Their price for filling out the form was $550 per person — a relatively low cost. However, I chose not to proceed with them after seeking clarification on a specific questionnaire issue.

Form I-485 poses the question: “Have you ever worked in the United States without authorization?” In my nearly two years in America, I have not encountered a single asylum seeker who did not work illegally initially. The reason is that an asylum seeker can apply for a work permit only 150 days after the court or USCIS accepts their Form I-589. While it should be approved within the next 30 days as per the rules, the waiting period is often prolonged in reality. I know individuals who waited 11 months for their work permits. Considering that most people exhaust their funds just to reach the United States, they are left without savings for living and housing expenses.

The system compels asylum seekers to work without permission to avoid being left hungry on the streets with their families. Therefore, when asked in the questionnaire whether you worked without authorization, it is essential to honestly answer “Yes.” Many immigrants conceal this fact out of fear that it might negatively impact their Green Card approval. However, the firm representing me noted that this fear is unfounded. In their practice, they have encountered numerous cases where applicants were compelled to work illegally for a brief period and eventually received Green Cards.

It's crucial not to lie on official forms: failure to adhere to this can have severe consequences. If an applicant is caught lying now or in the future, the path to a Green Card, and especially to citizenship, will be closed. However, a consultant from the Russian-language Telegram channel on immigration suggested that I lie. When I questioned how they handle clients who worked illegally in the United States, the consultant asserted that the corresponding question on Form I-485 “concerns employment”:

“You were not officially employed by anyone, so the answer is no.” I questioned this logic, and that is where the dialogue ended.

Case preparation

In September, five months after our court victory, we commenced the document preparation for our Green Cards. Initially, we signed a new contract with the law firm, making a deposit equivalent to the state fee for two individuals. Subsequently, we secured an immigration loan for the remaining amount, providing the finance company with a dozen documents attesting to our solvency.

Towards the end of the month, my case manager requested our personal information for filing forms I-485 and forwarded a list of documents to confirm our year of physical presence in the United States. Among these were detailed bank statements illustrating our purchases and their locations. Additionally, I included a rental agreement signed in May 2022 and family photographs from each month since our arrival, clearly depicting our time in America.

The USCIS requirement to document the year of physical presence struck me as somewhat absurd, at least in our case. When we crossed the border, ICE border officers confiscated our travel passports (and also Georgii’s domestic passport, birth certificate, and military ID). Even if we had desired to leave the country, it would have been almost impossible. Despite my attempts to retrieve our documents through email requests and an in-person visit to their office, ICE did not provide a clear response. Ultimately, our passports were returned only after our lawyer contacted ICE in November.

Each of us appended eight passport photographs to the document package. This was because we concurrently submitted forms for a work permit under the new category (I-785) and for a Refugee Travel Passport (I-131). We opted for the latter because the Green Card itself grants entry into the United States but not into other countries, necessitating a passport.

Traveling with a Russian travel passport is no longer an option. Georgii’s has expired, and obtaining a new one at the embassy, where asylees are discouraged from applying, poses challenges. While my passport is still valid, using it for travel is deemed risky.

There isn't a direct prohibition on using a Russian travel passport for foreign trips. However, as limited information suggests, if an Asylee travels abroad using a Russian travel passport, the Russian authorities would be obliged to protect them in case of an emergency. Extradition would then be conducted to Russia. However, this is unacceptable for us, given the danger of returning to our homeland. Utilizing a Refugee Travel Document ensures that the United States will extend protection abroad, treating the document as equivalent to an American passport.

The drawback of a Refugee Travel Passport is the lengthy wait, averaging about a year. Moreover, it may be approved either before or after obtaining a Green Card. Another challenge is that not all countries accept it. There is minimal information on the embassies’ websites. Online, I could only find information about Germany, which readily accepts the document without requiring a visa. For other European countries, contacting the respective diplomatic missions is necessary. Most of them likely require a visa. This is a challenge we, Russians, are quite accustomed to.

Awaiting time

Our documents for the Green Cards were accepted by USCIS on October 27. Prior to submission, our case manager and I meticulously reviewed and corrected our forms three times, addressing minor errors, typos, and inaccuracies.

After submitting our documents, we received six notifications from USCIS confirming the consideration of our applications. However, a cause for concern arose when all the letters addressed to us arrived opened. My American friends told me that this was an unusual situation, advising me to investigate it. I filed a complaint on the postal service website, but as of now, no response has been received.

The subsequent step towards obtaining our Green Cards involved submitting fingerprints. Upon sending the case, I received a notification from the service stating that they would use my old biometrics submitted for the asylum case, eliminating the need for the procedure again. However, Georgii had to undergo the process again. Last year, when he provided his fingerprints, USCIS misspelled his last name. This discrepancy in their system probably prompted the need for a fresh set of biometrics.

Once the prints are received, a Request for Evidence regarding the medical examination should follow within 4-12 months. Every Green Card applicant is required to undergo a medical examination to ensure they do not have “dangerous” diseases such as syphilis, gonorrhea, tuberculosis, and issues related to alcohol or drug addiction. Additionally, the availability of essential vaccines is verified. If vaccinations are lacking, they need to be administered, or a medical certificate must be presented to USCIS.

Although confirmation of a completed medical examination can be submitted immediately with the main document package, it is valid for only two years. There's a risk that Green Card processing might exceed this timeframe, rendering the medical examination invalid and necessitating a reevaluation. This could result in unnecessary expenses.

Hence, we opted to undergo the medical exam at the request of USCIS. Following this, all that remains is to await the final decision. Currently, the processing time for a Green Card ranges from one to three years.

We are patiently awaiting further developments.

Elizaveta Kirpanova
Georgia, United States

*All photos belong to the author