Articles Posted in Policies

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A new family reunification parole process has been launched, this time for qualifying nationals of Ecuador.

Who is eligible?


Nationals of Ecuador petitioned by family members who are U.S. citizens or lawful permanent residents and who have received approval on Form I-130, Petition for Alien Relative, to join their family in the United States may participate in this new parole process.

Parole will allow such nationals and their immediate family members to be admitted to the United States lawfully for a period of up to three years, while waiting to apply to become lawful permanent residents.

Qualifying beneficiaries must be outside the United States, must not have already received an immigrant visa, and meet all other requirements, such as screening, vetting, and medical requirements.


How does the family reunification process work?


The Family Reunification Parole process is initiated when the Department of State sends an invitation by mail or e-mail to the petitioning U.S. citizen or lawful permanent resident family member whose Form I-130 is already approved. The petitioner is the person who has filed the Form I-130 petition with USCIS on behalf of the foreign national.

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It’s official. The U.S. Citizenship and Immigration Services (USCIS) has confirmed that it will be increasing the validity period of work permits also known as Employment Authorization Documents (EADS) to 5 years, for certain categories of noncitizens who are employment authorized incident to their immigration status and those who must apply for employment authorization including:

  • Refugees
  • Asylees
  • Noncitizens paroled as Refugees
  • Noncitizens granted Withholding of Removal
  • Noncitizens with pending applications for Asylum or Withholding of Removal
  • Noncitizens with pending applications for Adjustment of Status (green cards) under INA 245
  • Noncitizens seeking Suspension of Deportation or Cancellation of Removal

Additionally, USCIS has released policy guidance clarifying that the Arrival/Departure Record (Form I-94) may be used as evidence of an alien’s status and employment authorization for certain EAD categories that are employment authorized incident to their immigration status or parole.

These changes can be found in the USCIS Policy Manual, and are also described in USCIS Policy Alert 2023-27 dated September 27, 2023.


What’s changed?


Previously, USCIS policy allowed for a maximum 2-year validity period of Employment Authorization Documents (EADs) for most categories of immigrants indicated above, and a maximum 1-year validity period for noncitizens paroled as refugees and those seeking suspension of deportation or cancellation of removal.

USCIS is now revising its guidelines to increase the maximum EAD validity period for these categories up to 5 years.

The purpose of increasing the validity period is to reduce the frequency in which noncitizens must file Form I-765 Application for Employment Authorization to renew their work permits (EADs).

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We kick off the week with a brand-new update from the U.S. Citizenship and Immigration Services (USCIS) for those applying to extend or change their nonimmigrant status using Form I-539.

The agency has announced that it will be exempting all I-539 applicants from paying the biometrics service fee of $85 beginning October 1, 2023 (applications postmarked October 1st or later will no longer need to include this fee), including those applicants filing Form I-539 requesting an extension of stay in or change of status to H-4, L-2, or E nonimmigrant status.


Will I still be scheduled for a biometrics (fingerprint) appointment?


USCIS has said that if you have filed Form I-539 before October 1st, certain filers will still be scheduled for an ASC appointment and should still attend that appointment as scheduled.

In most cases, however after October 1st applicants will not be scheduled to attend a biometric services appointment.

In some cases, USCIS may determine that biometrics are required and send the applicant a notice with information about appearing for their biometric services appointment.


What happens if I submit the biometrics fee by mistake?


If you mistakenly submit the $85 biometric services fee and the payment is submitted separately from the Form I-539 fee, USCIS will return the biometric services fee and accept the Form I-539.

If you mistakenly submit the biometric services fee and the payment is combined with a paper-based Form I-539 filing fee, USCIS will consider this an incorrect filing and reject your Form I-539.

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On September 20, 2023, the Department of Homeland Security (DHS) released a fact sheet unveiling new actions to cut down the processing time of work authorizations filed by certain asylum seekers.

Starting October 1, 2023, USCIS will speed up the processing of Form I-765 Applications for Employment Authorization, (also known as EADs) filed by parolees who schedule an inspection appointment through CBP One. Such individuals are eligible to apply for employment authorization immediately.

USCIS aims to decrease average processing times for EADs from 90 days to 30 days for such individuals and will allocate more personnel and resources to accomplish this objective.

Additionally, USCIS seeks to decrease average processing times to just 30 days for EADs filed in connection with the Cuban, Haitian, Nicaraguan, and Venezuelan parole programs.

Finally, to improve efficiency, USCIS will also be increasing the maximum validity period of initial and renewal EADs to five years for certain noncitizens, including:

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Source: Flickr: Molly Adams, LA March for Immigrant Rights 

In a stunning turn of events, a federal judge on Wednesday declared the Deferred Action of Childhood Arrivals (DACA) program illegal in a new court ruling.

The decision comes after a five-year long court battle which has left the future of Dreamers hanging in the balance.

Judge Andrew S. Hanen of the District Court of Houston rejected the Biden administration’s efforts to save the DACA program, arguing that former President Barack Obama did not have the authority to create the program in 2012 by executive authority.

In his ruling, Judge Hanen stopped short of terminating the program which will mean that current DACA recipients can retain their DACA benefits and apply for renewals with the U.S. Citizenship and Immigration Services (USCIS). However, initial first-time applications for DACA will remain prohibited.

In 2021, the Biden administration sought to defend the legality of DACA by issuing a Proposed Rule in the Federal Register to preserve and fortify the program. This came after Judge Hanen issued a prior ruling arguing that the government failed to abide by the public notice and comment procedure required by the Administrative Procedures Act before. This prompted Texas along with eight other states (Alabama, Arkansas, Louisiana, Nebraska, South Carolina, West Virginia, Kansas, Mississippi) to sue the federal government bringing the case before Judge Hanen yet again.

Unfortunately, the Biden administration’s efforts to appease the Judge did not work. Ultimately the Judge indicated that only Congress could enact legislation to protect Dreamers, and passing such a program was not under the authority of the President.

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 “If we learn nothing else from this tragedy, we learn that life is short and there is no time for hate.”

Sandy Dahl, wife of Flight 93 United Airlines Captain Jason Dahl

In remembrance of the lives lost on September 11, 2001 welcome-905562_1280

In this post, we would like to share with our readers that starting September 13th the U.S. Citizenship and Immigration Services (USCIS) will require affirmative asylum applicants to bring interpreters to asylum interviews, if they are not fluent in the English language, or would like to have their interview conducted in a language other than English.

USCIS has said that affirmative asylum applicants who need an interpreter, but fail to bring one, or who bring an interpreter that is not fluent in English or a language they speak, in such case the immigration official may consider this a failure to appear if the applicant does not establish good cause.

Additionally, USCIS may dismiss the asylum application or refer the asylum application to an immigration judge.


Interpreter Requirements


The following requirements apply to interpreters present at USCIS interviews:

The interpreter must be fluent in English and a language you speak fluently and must be at least 18 years old. The interpreter cannot be:

  • Your attorney or accredited representative;
  • A witness testifying on your behalf;
  • A representative or employee of the government of your country of nationality (or, if you are stateless, your country of last habitual residence); or
  • An individual with a pending asylum application who has not yet been interviewed.

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The U.S. Citizenship and Immigration Services (USCIS) recently announced the reopening of an international field office in Havana, Cuba.

The Havana office will assist with U.S. immigration benefits and services, including conducting interviews, processing cases for pending Cuban Family Reunification Parole (CFRP) requests, and Form I-730, Refugee/Asylee Relative Petitions, and other limited appointment-only services such as collecting biometrics for U visa applications.

Services at the Havana Field Office will be available by appointment only.  USCIS has updated the USCIS International Immigration Offices page with more information about services and appointments available at the Havana Field Office.

Secretary of Homeland Security Alejandro Mayorkas said that the decision to reopen the Havana Field Office was made to, “reduce unlawful entries, deny resources to ruthless smuggling organizations, and streamline access to lawful, safe, and orderly pathways for those seeking humanitarian relief.”

This move marks a restoration of American relations in Cuba. During the Trump administration, the Havana Field Office was closed, following the suspension of operations in 2017 after the U.S. Department of State ordered all non-essential personnel and families to depart Cuba.

On June 9, 2022, the Biden administration announced it would be resuming operations under the Cuban Family Reunification Parole (CFRP) program, to provide a safe, orderly pathway for certain Cuban beneficiaries of approved family-based immigrant petitions (Form I-130) to wait in the United States for their immigrant visas to become available.

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In this post, we share with you some great news for Ukrainian nationals under Temporary Protected Status (TPS) in the United States.

The Department of Homeland Security has made the decision to extend Temporary Protected Status for Ukrainian nationals currently receiving protections under the program for 18 months from October 20, 2023 through April 19, 2025.

notice has been published in the Federal Register with information about how to register for TPS under Ukraine’s designation.

The main benefit of applying for TPS protections is that those who are approved can remain in the country on a lawful basis, will receive protection against deportation (deferred status), and are eligible to apply for employment authorization and travel permission by filing, Form I-765 Application for Employment Authorization, and Form I-131 Application for Travel Document, with the United States Citizenship and Immigration Services (USCIS).

The registration process for Ukraine began on August 21, 2023, and will end on April 19, 2025.


Extension of Designation of Ukraine for TPS


On August 18, 2023, the Secretary of Homeland Security, Alejandro Mayorkas, announced an 18-month extension and re-designation of Temporary Protected Status (TPS) for the country of Ukraine. This extension and re-designation will be in effect from October 20, 2023, through April 19, 2025 (an 18-month period).

Secretary Mayorkas made this decision after consulting with government officials and taking into consideration the ongoing armed conflict in Ukraine, and the expansion of Russia’s military invasion that has created a humanitarian crisis, preventing Ukrainians from safely returning.

The extension of TPS for Ukraine will allow approximately 26,000 current beneficiaries to retain TPS through April 19, 2025, if they re-register and continue to meet TPS eligibility requirements.

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We start the week with great news for Cuban and Haitian nationals.

On August 10, 2023, the Department of Homeland Security announced new publications in the Federal Register introducing changes to the Cuban and Haitian Family Reunification Parole processes.

The FRP program allows eligible Cuban and Haitian nationals to seek parole into the United States for the purpose of reuniting with their family members while they wait for their immigrant visas to become available to apply for adjustment of status to lawful permanent residence.