A recent New York Times report highlights a concerning trend amid the Trump administration’s intensified immigration enforcement: having a pending Green Card application, asylum case, or work permit does not always protect a person from being detained by ICE.
The article discusses the case of Galina Bobreneva, a Russian citizen who originally entered the United States legally on a tourist visa. She later applied for asylum, married a U.S. citizen, and was waiting for her marriage-based Green Card application to be processed.
Despite having pending immigration applications, Bobreneva was detained by ICE after arriving at Burbank Airport in California during a domestic trip within the United States.
Bobreneva and her U.S. citizen husband, Brent Jindra, flew from San Francisco to Burbank in July 2026. After landing, immigration officers in plain clothes approached them and pulled Bobreneva aside.
According to the report, she presented documents showing that she had pending immigration applications, including a marriage-based Green Card case. Nevertheless, she was detained, handcuffed, and taken into ICE custody.
She spent approximately 16 days in immigration detention before being released on a $35,000 bond and placed under electronic monitoring.
This case highlights a very important distinction in U.S. immigration law:
A person can have a legitimate and potentially successful Green Card case while still being vulnerable to immigration detention.
Legal entry into the United States and having a pending immigration application do not necessarily mean that a person currently has valid immigration status.
For example, a pending Form I-485, Application to Adjust Status, generally does not itself create a lawful nonimmigrant status.
At the same time, spouses of U.S. citizens who were originally lawfully admitted or paroled into the United States can, in many circumstances, still adjust status inside the United States even after their authorized period of stay has expired.
This means that someone can have a legitimate path to a Green Card while simultaneously facing immigration enforcement risks.
That is why immigrants should not assume that an EAD, pending I-485, I-130 petition, asylum application, or marriage to a U.S. citizen automatically protects them from ICE.
In 2026, immigration enforcement has become significantly more aggressive, including toward people who originally entered the country legally and have no criminal convictions.
The fact that Bobreneva was detained during a domestic flight — without crossing an international border — is particularly important.
If your original immigration status has expired but you have other pending immigration applications, it is important to review your entire immigration history and understand the potential risks before traveling.
If you overstayed your visa, are waiting for a Green Card or asylum decision, are married to a U.S. citizen, or are concerned about ICE detention despite having a pending immigration case, do not wait until an emergency happens.
The attorneys at Shepelsky Law Group represent clients throughout the United States in Green Card cases, asylum cases, ICE detention matters, immigration court proceedings, and deportation defense.
📞 Call (718) 769-6352 or visit shepelskylaw.com to schedule a consultation and learn how you can protect your immigration case in advance.