Articles Posted in Waivers

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We are happy to inform our readers that U.S. Immigration and Customs Enforcement (ICE) has launched a new online change of address form for noncitizens.


What is the online change of address form?


This new form gives noncitizens the option to update their information online instead of having to do so by phone or in-person.

To process an online change-of-address, the system requires a full name, A-number, and validated non-commercial address. It takes approximately one minute to complete the form.

This tool will make it easier for noncitizens to comply with their immigration obligations and improve the accuracy of address information reported to Immigration and Customs Enforcement (ICE) by utilizing address autofill to ensure U.S. Postal Service standardization.


Reporting a Change of Address with USCIS


As a reminder, all noncitizens in the United States, except A and G visa holders and visa waiver visitors, must also report a change of address to USCIS within 10 days of relocating.

You may change your address with USCIS online here.


Reporting a Change of Address with Immigration Court


Once a noncitizen has entered a valid mailing address, if they are currently in removal proceedings pursuant to Section 240 of the Immigration and Nationality Act (INA), the interactive online system will provide the noncitizen with information on how to also change their address with the immigration court as required, using the Executive Office for Immigration Review’s (EOIR) Form EOIR-33, Change of Address/Contact Information. Form EOIR-33 can be submitted by mail, in-person at the immigration court, or online through EOIR’s Respondent Access.

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CBP No Longer Requires Proof of COVID-19 Vaccination for Air Passengers from Any Country starting today May 12, 2023 


The United States Customs and Border Protection (CBP) now joins the State Department and Department of Homeland Security in announcing the end of the COVID-19 vaccination requirement for international travelers starting today Friday, May 12, 2023.

Noncitizen nonimmigrant air passengers will no longer need to show proof of being fully vaccinated with an accepted COVID-19 vaccine to board a flight to the United States.

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In this blog post, we provide an immigration roundup regarding the latest immigration news.


USCIS Recommends AOS applicants submit all evidence with Form I-485, including Medical Examination


Those who are applying for adjustment of status should be aware that USCIS has recommended green card applicants submit all required initial evidence and supporting documentation at the time of filing the Form I-485.

This practice is recommended to avoid the issuance of a Request for Evidence (RFE). An RFE is issued where USCIS finds that further evidence or supporting documentation is needed to complete the adjudication of your case. It is also beneficial to submit all supporting evidence at the time of filing Form I-485 to avoid delays in the long-run, and where the immigration officer may find that an in-person interview is unnecessary, electing to waive the interview requirement.

Additionally, applicants are advised to submit Form I-693, Report of Medical Examination and Vaccination Record, at the same time of filing Form I-485. USCIS points out that the I-693 Medical Examination is valid for two years after the date the civil surgeon signed the examination. USCIS has also temporarily waived the requirement that the civil surgeon’s signature be dated no more than 60 days before filing Form I-485 until March 31, 2023.


Changes to Filing Location for Form I-360 and Form I-485 for Self-Petitioning Abused Spouses, Children, and Parents


USCIS has announced that beginning Friday, February 10, 2023, self-petitioning abused spouses, children, and parents must file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, and Form I-485, Application to Register Permanent Residence or Adjust Status, at the Nebraska Service Center instead of the Vermont Service Center.

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Happy Columbus Day! We start the week with great news for green card applications.

The U.S. Citizenship and Immigration Services (USCIS) recently announced that it is extending a policy that previously waived the requirement for civil surgeons to sign the Form I-693, Report of Medical Examination and Vaccination Record, no more than 60 days before filing the green card application.

USCIS previously issued its waiver policy until September 30, 2022 but has decided to extend the waiver until March 31, 2023.


Why the extension?


Due to processing delays caused by the COVID-19 pandemic, USCIS has decided that extending this policy is necessary to provide relief to applicants for the delays and difficulties that it takes to complete the green card medical examination.

Moving forward, the waiver will apply to all Form I-693 medical examinations for green card applications that have not been adjudicated, regardless of when the application was submitted to USCIS or when a civil surgeon signed the Form I-693.

USCIS expects this extension to provide much needed relief to Afghan nationals evacuated under Operation Allies Welcome, who completed immigration medical examinations but could not apply for adjustment of status within 60 days of a civil surgeon signing their Form I-693.

For more information about this important update, please click here.

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In today’s blog post, we share some interesting Question and Answer responses recently provided by the Department of State’s Office of the Assistant Legal Adviser for Consular Affairs (L/CA), in a meeting with the American Immigration Lawyers Association (AILA).

The responses below provide some important insight into current immigration policies and procedures taking place amid the ongoing COVID-19 pandemic.

Here, we summarize the most interesting questions covered during the January 20 meeting:


Department of State/AILA Liaison Committee Meeting


January 20, 2022 Q & A Highlights


Q: What role do Consular sections assume when determining whether an individual is exempt from the CDC COVID-19 vaccine requirement to gain entry to the U.S.?

A: Consular sections’ role in the process is to ensure that an individual’s request for a [vaccine] exception is filled out in full, and to transmit those requests to the CDC.


Q: If consular posts are involved in transmitting information in support of a humanitarian exception to CDC, what is the process, if any, for making such a request of a consular post outside the context of a visa interview?

A: Travelers should contact the consular section of the nearest embassy or consulate using the information provided on that embassies or consulate’s website


Q: What is the Department of State doing to alleviate the substantial backlogs created by the slowdown of operations at Consular posts and Embassies worldwide?

A: The Department is planning to hire foreign service officers above attrition in FY 2022. The majority will be assigned to a consular position after initial training. Additionally, the Department continues to recruit Limited Non-career Appointment (LNA) Consular Professionals. With very limited LNA hiring in FY 2020 and a pause on LNA hiring in FY 2021 due to CA’s budgetary constraints, Consular Affairs plans to hire more than 60 LNAs in FY 2022

Consular Affairs is working with State’s office of Global Talent Management to ramp up hiring in FY 2022, but many posts will not see these new officers until the second half of FY 2022 or FY 2023, particularly for officers assigned to positions requiring language training. Increased hiring will not have an immediate effect on reducing current visa wait times. Because local pandemic restrictions continue to impact a significant number of our overseas posts, extra staff alone is not sufficient to combat wait times for interviews.


Q: Can Consular Affairs please advise regarding efforts to resume routine consular services?

A: Consular sections abroad must exercise prudence given COVID’s continuing unpredictability. The emergence of the Omicron variant has prompted countries to reevaluate plans to relax travel bans, thereby leading consular sections abroad to recalibrate plans to resume services. Some posts have already fully resumed routine services. Others, in an abundance of caution and out of concern for the health of both consular staff and clientele, are slowly reintroducing some routine services.

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In this blog post we share with you some breaking news for green card applicants applying for adjustment of status on Form I-485, as well as those applying for immigrant visas from abroad.

As part of the green card process, USCIS and the Department of State require applicants to undergo a medical examination with a doctor designated as a civil surgeon, to establish that the applicant is not inadmissible to the United States on public health grounds.

According to new guidelines released by the Centers for Disease Control, beginning October 1, 2021, green card applicants will now be required to establish that they have received a complete COVID-19 vaccine series, in order to be deemed eligible for permanent residence. Following the release of this new guidance, COVID-19 was added to the list of vaccinations required of those seeking U.S. lawful permanent residence.

The new vaccine requirement will apply to routine medical examinations necessary for both adjustment of status applicants applying for green cards in the United States and immigrant visa applicants applying at U.S. embassies and consulates abroad.


Who must take the COVID-19 vaccine?


All applicants (1) applying for I-485 adjustment of status (a green card) or (2) those applying for an immigrant visa abroad, who will receive their medical examination from a Civil Surgeon or Panel Physician on or after October 1, 2021, will be subject to this requirement and are encouraged to complete a COVID-19 vaccine series as soon  as possible.

Eligible applicants must complete the COVID-19  vaccine  series if  a  COVID-19  vaccine  listed  for  emergency  use  by  the World  Health  Organization  (WHO)  or  licensed  or  authorized  for  emergency  use  by  the  U.S. Food  and  Drug Administration  (FDA)  is  available  to  the  applicant  in  the  country  where  the  medical  examination  is  conducted.


How can I show that I have met the vaccine requirement?


Applicants must complete the COVID-19 vaccine series and provide documentation of vaccination to the civil surgeon in person before completion of the medical examination.  The COVID-19 vaccination requirement will differ from previous requirements in that the entire vaccine series (1 or 2 doses depending on formulation) must be completed in addition to the other routinely required vaccines.


How long will the COVID-19 vaccine requirement be in place?


These COVID-19 vaccine requirement will be in place until the CDC determines the vaccine is no longer needed to prevent the importation and spread of COVID-19.

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On June 4th, 2021, the interim guidance memorandum (“The Memo”) was publicly released. The reason the memo sent many, like me, into a frenzy was because of the million people currently in immigration court limbo who have just had their lives transformed by these thirteen pages.

This memo is proof the Biden Administration has set a new tone towards immigration. The memo beautifully states, “the government wins when justice is done,” reminding OPLA attorneys they should remain mindful that “immigration enforcement obligations do not consist only initiating and conduction prompt proceedings that lead to removals at any cost.” The memo provides internal direction to OPLA attorney’s regarding the following: 1. Removal Priority Cases, 2. Prosecutorial Discretion, 3. Ability to cancel NTAs, 4. Authority to Administrative closure or Continuance of Proceedings, and 5. Authority to Terminate  Proceedings.

(It is important to note this memorandum was released For Official Use Only by the Department of Homeland Security. You should seek the advice and counsel of an attorney to review your case specifically.)

  1. REMOVAL PRIORITY CASES

It is directed that OPLA attorneys prioritize agency resources in the following priority categories:

A. Noncitizens who engaged in or suspect to engage in terrorism or whose apprehension is otherwise necessary to protect the national security of the United States.

B. Noncitizens who were apprehended at the border or port of entry, while attempting to enter unlawfully into the United States after November 1, 2020.

C. Noncitizens convicted of an “aggravated felony” or convicted of an offense related to a criminal street gang and determined to pose a threat to public safety.

The memo also provides a non-exclusive list of civil immigration enforcement and removal decisions where the agency should identify any opportunities of a non-citizens process to ensure just fair and legally appropriate outcomes.

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Earlier this week, the United States Supreme Court handed down a controversial decision upholding the President’s latest travel ban in the case Trump, President of the United States, Et Al. v. Hawaii Et Al. The 5-4 decision reflected a deeply divided court, but ultimately the conservative justices on the court banded together ruling in favor of the Trump administration.

Chief Justice Roberts, joined by Justices Kennedy, Thomas, Alito, and Gorsuch, ruled that the latest travel ban was “squarely within the scope of Presidential authority.” Justices Breyer, Kagan, Sotomayor, and Ginsburg dissented. Despite concurring with the majority opinion Justice Kennedy added, “An anxious world must know that our Government remains committed always to the liberties the Constitution seeks to preserve and protect, so that freedom extends outward, and lasts.”

As you may recall in September of 2017 the President issued Executive Order No. 9645, entitled “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or Other Public-Safety Threats.” The purpose of this executive order was to identify any deficiencies from several foreign countries needed to adequately assess whether nationals from particular countries seeking to enter the United States presented security or safety threats to the United States. The order specifically called for global requirements for information sharing among these countries, and increased immigration screening and vetting of individuals from particular countries of concern. The President exercised his broad authority under the constitution to place entry restrictions on nationals of eight foreign countries whose information systems for managing and sharing information about their nationals was deemed inadequate by the current administration. These countries included—Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen, and Somalia.

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Andrew, a real estate professional and Vice President of a large real estate firm headquartered in Asia, came to our office to discuss the possibility of filing for an EB-2 National Interest Waiver. To receive a national interest waiver, the applicant must demonstrate a high level of achievements and unique skills pertaining to their position to justify a waiver of the requirements of a job offer and labor certification filing.

The challenge in Andrew’s case was the absence of demonstrated achievements in the real estate business, and various non-disclosure agreements the client had signed restricting the documentation he could provide to demonstrate his exceptional ability in the industry, based on the high net worth projects he had worked on in the real estate industry. There were however other strengths that Andrew possessed that would qualify him for the national interest waiver. Andrew possessed a law degree from his home country, a master’s degree in taxation, a master’s degree in real estate from an ivy league university, and he was licensed to practice law in the United States. In addition to possessing these advanced degrees, two of which were received in the United States, Andrew’s career in the real estate sector spanned nearly 21 years.

The difficulty however remained in that Andrew did not have many documents to present to USCIS demonstrating his achievements as an entrepreneur and real estate investor, and the projects he was working on could not be disclosed based on the confidentiality agreements he had signed. Our experienced staff and attorneys decided that the best strategy in Andrew’s case was to highlight his education and vast experience in the industry having maintained high level positions in the industry, leading international real estate teams, heading overseas real estate and property management implementation strategies across various continents, and initiating/implementing domestic real estate acquisition projects totaling more than $4 billion in investment. We are happy to report that our strategy was successful and Andrew’s national interest waiver was recently approved. Here is how we did it.

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New developments have recently unfolded since the passage of Texas’ controversial SB4 law—a law that bans sanctuary cities in the state of Texas, and requires local jurisdictions and law enforcements officials to cooperate with federal immigration authorities to apprehend undocumented immigrants in the state of Texas.

The controversial bill has suffered its first blowback. The border town of El Cenizo has sued the state arguing that the ban is unconstitutional. The Mayor of El Cenizo, Raul Reyes, told reporters that the bill “hinders the relationship between police departments and the community,” and “decreases criminal activity reports which opens up the door to more domestic violence and more sexual assaults against immigrants.” The city of El Cenizo has been joined in their lawsuit against the state by Maverick county, El Paso county, and the League of United Latin American Citizens. The small town of El Cenizo, Texas first came to national attention when the Spanish language was declared the city’s official language.

The Texas Attorney General envisioned a pushback from “sanctuary cities.” At about the same time that the governor of Texas signed SB4 into law, the attorney general sought to protect the state against future challenges to the law, by filing a lawsuit against known “sanctuary cities” in the state of Texas that have limited the federal government’s power to detain undocumented immigrants by refusing to cooperate with federal immigration officials. The lawsuit was filed on May 7, 2017 in the United States District Court for the Western District of Texas. The state of Texas filed the lawsuit so that they could have a single court ruling upholding the constitutionality of SB4 that would invalidate any lawsuits filed against the state.

Among the cities which have been identified as “sanctuary cities” that have been noncompliant with the federal government’s demands are: Travis County, the city of Austin, and other local officials including Travis County Sheriff Sally Hernandez, who has limited cooperation between local law enforcement and federal immigration officials.

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