The Department of Homeland Security (DHS) has placed an indefinite hold on all asylum applications filed with U.S. Citizenship and Immigration Services (USCIS). On December 2, 2025, USCIS issued a Policy Memo that pauses final adjudication of all affirmative asylum applications. This means no asylum decisions will be issued while the pause is in effect.

What does this administrative pause mean for Ukrainians who have already applied for asylum or those who plan to seek asylum in the United States? Learn more in our article below.

Who Is Affected by the Hold on Asylum Processing?

USCIS issued a Policy Memo that instructs officers to place an administrative pause on all affirmative asylum applications. The hold applies to all applicants who filed or plan to file Form I-589, Application for Asylum and for Withholding of Removal, regardless of the applicant’s immigration status, nationality, or country of origin.

This means that nationals of Ukraine (or individuals with no citizenship who last habitually resided in Ukraine) are affected by the pause on affirmative asylum applications.

Additionally, USCIS has placed a hold on all immigration applications (not only asylum applications) filed by individuals from 39 designated countries. Some of these countries were named in the administration’s June 4 travel ban while others were later added by the December 16 proclamation. Thus, nationals of the named countries who entered on Uniting for Ukraine (U4U) with Ukrainian family members could be subject to a complete processing pause on all applications filed to USCIS.

Note that the December USCIS Policy Memo only applies to affirmative asylum applications filed to USCIS. The pause does not affect defensive asylum applications filed in immigration court by individuals who are already in removal proceedings.

To learn more about affirmative vs. defensive asylum, see our article here:

https://ukrainetaskforce.org/can-ukrainians-seek-asylum-in-us/

Can Ukrainians Still File Asylum Applications?

Although USCIS has issued an administrative pause on final adjudication of asylum applications, nothing in the USCIS Policy Memo indicates that applicants are prevented from filing new applications for asylum. This means Ukrainians may still file Form I-589 to request affirmative asylum. However, no final decisions will be issued while the administrative pause is in effect.

Ukrainians who are considering applying for asylum should keep in mind that there is a one-year filing deadline. Individuals who are not in removal proceedings may only apply to USCIS for affirmative asylum within one year of their arrival into the United States unless they meet one of the limited exceptions.

Hence, Ukrainians who plan to file for asylum but have not yet filed an application to USCIS may want to do so even while the processing pause is in effect. This can help them avoid filing a late application or being barred from applying for affirmative asylum.

What Will Happen to Asylum Applications Already Pending with USCIS?

Affirmative asylum applications that had been filed before USCIS issued the December 2025 Policy Memo have been placed on hold. This means USCIS will not issue any final asylum decisions while the administrative pause is in effect.

At this time, it is unclear whether USCIS will conduct any application processing or schedule interviews for individuals whose asylum applications were already pending before the December hold went into effect. Moreover, the USCIS Policy Memo does not state whether asylum interviews that had been scheduled previously will still take place.

It is also unclear whether work permits for asylum seekers will be affected by the administrative pause. The USCIS Policy Memo does not indicate whether applications for Employment Authorization Documents (EADs) filed by individuals with pending asylum applications will be processed while the asylum pause is in effect.

Are Ukrainians with Pending Asylum Applications Allowed Stay in the United States?

Filing an asylum application does not provide applicants with any new legal status. Only individuals who are ultimately granted asylum — either by USCIS or an immigration judge — are given a lawful status called “asylee.” Thus, individuals who are seeking asylum (called “asylum seekers”) are not insulated from the risk of immigration enforcement and could even be subject to deportation.

Although having a pending asylum application does not by itself confer any lawful immigration status, individuals who have filed Form I-589, Application for Asylum and for Withholding of Removal — either before or after the December 2025 asylum pause went into effect — are permitted to remain in the United States while their asylum application is pending.

Additionally, asylum seekers are eligible to apply for employment authorization 150 days after they file their asylum application, with limited exceptions. However, it is unclear whether work permits for asylum seekers will be affected by the USCIS pause on asylum applications.

To learn more about applying for asylum in the United States, see our article here:

https://ukrainetaskforce.org/can-ukrainians-seek-asylum-in-us/