Immigration Blog Luba Smal Attorney at Law - Smal Immigration Law Office

How to Notarize a POA Power of Attorney with Apostille in a foreign language in Nebraska

10/26/2023

Я нотариус в штате Небраска. Если вам нужно заверить доверенность в штате Небраске, я буду рада вам помочь нотариально заверить доверенность для вашей страны на русском, украинском или белорусском языках.

Процесс заверения доверенности с апостилем на иностранном языке для страны за пределами США в штате Небраска:

1) Вы заказываете текст доверенности у нотариуса в вашей стране.
2) Нотариус или ваши близкие высылают вам черновик/текст доверенности как Word doc по емейл.
3) Вы вышлите мне черновик доверенности по емейл. Я проверю, чтобы оформление документа соответствовал законам Небраски.
4) Мы встретимся, и вы принесете доверенность и ваш паспорт или другой документ удостоверяющий личность, и я нотариально заверю вашу подпись на доверенности (доверенность может быть на языке вашей страны, но нотариальное заверение будет на английском).
5) Вы или пошлете нотариально заверенную доверенность по почте или лично подъедете в офис Секретаря Штата Небраска в город Линкольн для получения Апостиля на вашу доверенность.
6) Вы вышлите вашим родным готовый документ по почте. Перед этим вы отсканируйте и сохраните копию, не разделяя страницы доверенности.
7) В вашей стране ваши родные закажут перевод доверенности, так как хотя доверенность на вашем родном языке, но нотариальное заверение и апостиль сделаны на английском.

Буду рада вам помочь. Для контакта выберите емейл и объясните в чем вам нужна помощь.

(10-26-2023: В настоящее время с сентября 2023 Беларусь ввела ограничения на прием доверенностей, заверенных за пределами Беларуси).

J-1 Visa Exchange Visitor with 2 Year Home Residency Requirement Section 212e

10/24/2023

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual regarding the 2-year foreign residence requirement for the nonimmigrant exchange visitor (J) classification.
The update adds information about how USCIS determines whether the requirement has been met, the evidence a benefit requestor may submit to show compliance with the requirement, and how it considers situations in which it is effectively impossible for the benefit requestor to satisfy the requirement.
It also corrects an omission, from existing Policy Manual content, of one of the foreign medical graduates’ grounds for waivers of the foreign residence requirement. This update includes the ground and clarifies employment requirements.
The guidance is effective immediately on publication.
The J-1 nonimmigrant classification is for exchange visitors who intend to participate in an approved program in the United States for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or receiving graduate medical education or training.

For more information see here. Also the federal code is here.

Certain J-1 exchange visitors are subject to a foreign residence requirement, which requires that they reside and be physically present in their country of nationality or last legal residence abroad for an aggregate of at least 2 years before they are eligible to apply for an immigrant visa, adjustment of status, or a nonimmigrant H, L, or K visa.

On June 8, 2023, USCIS published comprehensive guidance on the exchange visitor classification in the Policy Manual. USCIS’s latest Oct. 24б 2023 guidance further clarifies how the agency determines whether a benefit requestor has met this foreign residence requirement.
Policy Update Highlights

USCIS uses the preponderance of the evidence standard in determining whether the exchange visitor has met the two-year foreign residence requirement.
Travel days—where a fraction of the day is spent in the country of nationality or last residence—count toward satisfaction of the foreign residence requirement.
USCIS will and does consult with the U.S. Department of State on a case-by-case basis when it is impossible for the benefit requestor to satisfy the two-year foreign residence requirement.
The policy guidance defines the three exceptions to the requirement that a foreign medical graduate (FMG) obtain a contract from a health care facility in an underserved area when seeking a waiver of the two-year foreign residence requirement:
- If the U.S. Department of Veteran’s Affairs (VA) requests the waiver, the FMG must practice medicine with the VA for at least three years, but does not need to do so in a U.S. Health and Human Services (HHS)-designated shortage area.
- If an interested federal agency requests the waiver, the FMG may fulfill the obligation by working for the agency for at least three years, rather than by practicing medicine in an HHS-designated shortage area.
- If an interested federal or state agency requests the waiver for an FMG who agrees to practice specialty medicine in a facility located in an HHS-designated geographic area, the FMG may fulfill the obligation by practicing specialty medicine in such a facility for at least three years. The request must demonstrate a shortage of health care professionals able to provide the relevant specialty services.

Those with questions about the J-1 foreign residency requirement or related waivers should consult with experienced immigration counsel

Policy Manual:

F. Foreign Residence Requirement

Certain J-1 exchange visitors are subject to a 2-year foreign residence requirement.[11] After leaving the United States, J-1 exchange visitors subject to the requirement must reside and be physically present in their country of nationality or last legal residence abroad for an aggregate of at least 2 years before they are eligible to apply for an immigrant visa, adjustment of status, or a nonimmigrant H, L, or K visa.[12] Such country is the country of nationality or legal permanent residence listed on the Certificate of Eligibility for Exchange Visitor Status (Form DS-2019), and is referred to herein as the “Home Country.”
These exchange visitors are further prohibited from changing status from J nonimmigrant status to another nonimmigrant status, other than A, G, T, or U, or H-1B for physicians receiving waivers on the basis of a 3-year waiver position.[13]
Exchange visitors participating in the following programs are subject to the foreign residence requirement: [14]

Programs facilitated by the DOS designated sponsor, Educational Commission for Foreign Medical Graduates (ECFMG), for medical trainees. (ECFMG sponsored medical researchers are generally not subject to the requirement as medical trainees, but may be subject to the requirement on another basis);
Programs in which the exchange visitor has received any type of government funding or support from the exchange visitor’s home country or country of last legal permanent residence, the U.S. Government, or an international organization, as indicated on the Form DS-2019. (Government-sponsored programs beginning with G in the program number on Form DS-2019 are usually government-funded where the exchange visitor received financial support from the sponsor);
Programs in which the exchange visitor’s field of endeavor appears on the DOS Exchange Visitor Skills List (list of fields of specialized knowledge or skills in which the services of exchange visitor participants are critically needed) for the exchange visitor’s home country or country of last legal permanent residence; [15] and
Programs whose purpose is graduate medical training, typically a residency or fellowship.

Determining if the Foreign Residence Requirement Has Been Met
USCIS determines whether the exchange visitor has met the 2-year foreign residence requirement within the context of a subsequent application or petition. USCIS applies the preponderance of the evidence standard when it makes this determination.
Benefit requestors may submit any relevant evidence showing their physical presence in the Home Country. For example, benefit requestors may submit a chart of days spent in the Home Country. Benefit requestors may also submit supporting evidence such as passport stamps, travel receipts, employment records, school transcripts, leases, or affidavits.
Any day where a fraction of a day is spent in the Home Country counts toward satisfaction of the requirement. For example, a travel day, where a fraction of the day is spent in the country of last permanent residence, counts as a day towards satisfying the requirement.
In certain cases, conditions in the applicant’s Home Country, such as war or civil unrest, may make compliance with the 2-year residence requirement effectively impossible. Additionally, some countries have periodically imposed travel bans that have made traveling to the Home Country effectively impossible. In other cases, the applicant’s Home Country is now part of another country due to shifting borders or other political changes. USCIS considers these circumstances, on a case-by-case basis, in consultation with the Department of State.

Domestic H-1B Visa Renewal to Begin in 2024

10/24/2023

On October 17, 2023, the U.S. Department of State initiated the process for resuming its stateside visa renewal program. The State Department sent a Federal Register notice, Pilot Program to Resume Renewal of H-1B Nonimmigrant Visas in the United States for Certain Qualified Noncitizens, for review to the U.S. Office of Information and Regulatory Affairs. The details of the pilot program will be disclosed only when the Federal Register is published. However, early reports indicate that the program likely will:

Start in early 2024;
Be available only for H-1B principals;
Be available only for nationals of countries that are not subject to reciprocity fees;
Have eligibility requirements similar to the interview waiver program;
Be limited to 20,000 applicants; and
Be voluntary.

The State Department plans to limit the program at first to test out its operability and expand it after potential issues have been addressed.

TPS Extension and Redesignation for Venezuela

10/21/2023

In September 2023, the Department of Homeland Security (DHS) announced both the extension and redesignation of Temporary Protected Status (TPS) for Venezuela. The detailed instructions are now available in the Federal Register.
The 18-month extension of TPS and employment authorization for those who already have TPS runs from March 11, 2024, until September 10, 2025.
The redesignation, on the other hand, runs from October 3, 2023, until April 2, 2024.

The timing for applying for the extension and the redesignation are different.

Venezuelans who are already in TPS and have employment authorization must apply for the extensions during the 60-day registration period that runs from January 10, 2024, until March 10, 2024. Failure to re-register could result in a withdrawal of status.

Because DHS recognizes that there may be a gap in employment authorization even for those who timely apply, Venezuelan TPS-based Employment Authorization Documents (EADs) with expiration dates of March 10, 2024, or September 9, 2022, will be automatically extended until March 10, 2025. Once new EADs are issued, they will have an expiration date of April 2, 2025.

Individuals who are taking advantage of the redesignation may make initial TPS and EAD applications between October 3, 2023, and April 2, 2025, when the redesignation will expire. As with those seeking extensions, individuals must meet all the general eligibility requirements, but they also must show:

Continuous residence in the United States since July 31, 2023; and
Continuous physical presence in the United States since October 3, 2023.

Individuals making initial applications must have a valid EAD to show work authorization. The automatic extensions would not apply.

Israel Added Into ESTA Visa Waiver Program: No Visa Required to Travel to USA

10/4/2023

In late September 2023, Israel was designated as a Visa Waiver Program (VWP) country.

By November 30, 2023, the Electronic System for Travel Authorization (ESTA) will be updated to allow citizens and nationals of Israel to apply to travel to the United States for tourism or business purposes for up to 90 days without first obtaining a U.S. visa, a step which further strengthens the security, economic and people-to-people ties between the United States and Israel.

Following updates in Israel’s travel policies, all U.S. citizens may request entry to Israel for up to 90 days for business, tourism, or transit without obtaining a visa.

Read more here:

ESTA is here: https://www.cbp.gov/travel/international-visitors/esta

Apply for ESTA. https://esta.cbp.dhs.gov/

DV-2025 Green Card Lottery Registration Open from October 4, 2023 to November 7 2023

10/4/2023

The U.S. Department of State is accepting online applications for the 2025 Diversity Visa lottery or DV Lottery from Wednesday, October 4, 2023, noon EDT until November 7б 2023, noon EDT.

Please read the DV-2025 instructions here. https://travel.state.gov/content/dam/visas/Diversity-Visa/DV-Instructions-Translations/dv-2025-instructions-translations/DV-2025-Instructions.pdf

The ONLY way to submit your entry into a DV Lottery is ONLINE at the official US Department of State website.

There is NO fee to apply.

Any other websites claiming that they can submit it for you, and fraudulent sites.

The only official government site is: https://dvprogram.state.gov/

Good luck!

Период подачи заявок на Лотерею Грин Карт на 2025 год открыт с 4 октября по 7 ноября 2023.
Заявки бесплатные.

Инструкция тут.

Единственный вебсайт где можно полдавть вашу заявку онлайн - это официальный вебсайт Госдепа США.

Удачи!

EAD Work Permit Validity Period Increased to 5 Years

9/27/2023

USCIS Increases Employment Authorization Document Validity Period for Certain Categories to 5 Years

U.S. Citizenship and Immigration Services (USCIS) is updating guidance in our Policy Manual to increase the maximum available validity period to 5 years for initial and renewal Employment Authorization Documents (EADs) for certain noncitizens who are employment authorized incident to status or circumstance, including those admitted as refugees, paroled as refugees, and granted asylum, as well as recipients of withholding of removal.
We are also increasing the maximum available validity period to 5 years for initial and renewal EADs for certain noncitizens who must apply for employment authorization, including applicants for asylum or withholding of removal, adjustment of status under INA 245, and suspension of deportation or cancellation of removal.
The updated guidance also explains the categories of noncitizens who are automatically authorized to work (also known as being employment authorized incident to status or circumstance) and provides more information on who can present a Form I-94, Arrival/Departure Record, to an employer as an acceptable document showing employment authorization under List C of Form I-9, Employment Eligibility Verification. Finally, this guidance clarifies that certain Afghan and Ukrainian parolees are employment authorized incident to parole.
What You Need to Know

USCIS is increasing the maximum available validity period to 5 years for initial and renewal EADs for certain noncitizens who are employment authorized incident to status or circumstance, including those admitted as refugees, paroled as refugees, and granted asylum, as well as recipients of withholding of removal.
USCIS is increasing the maximum available validity period from 2 years to 5 years for initial and renewal EADs for noncitizens with pending applications for asylum or withholding of removal and noncitizens with pending applications for adjustment of status under INA 245, and from 1 year to 5 years for EADs issued to noncitizens seeking suspension of deportation or cancellation of removal.
The policy further explains the categories of noncitizens who are employment authorized incident to status or circumstance and lists the categories of noncitizens who can present a Form I-94, Arrival/Departure Record, to an employer as an acceptable document showing employment authorization under List C of Form I-9, Employment Eligibility Verification. 
The policy also clarifies that certain Afghan and Ukrainian parolees are employment authorized incident to parole. 
Increasing the maximum EAD validity period to 5 years is intended to significantly reduce the number of new Forms I-765, Application for Employment Authorization, we receive for renewal EADs over the next several years, contributing to our efforts to reduce associated processing times and backlogs.
Whether the noncitizen maintains employment authorization is dependent on their underlying status, circumstances, and EAD filing category. For example, if an individual received an EAD under the (c)(9) category based on a pending adjustment of status application for the maximum validity period of 5 years, and the adjustment application is then denied, their ancillary employment authorization may be terminated before the expiration date listed on their EAD.

More Information
For additional information on EADs, please visit the Employment Authorization Document webpage.
Visit the Policy Manual Feedback page to provide feedback on this update.
Protect yourself from immigration scams. If you need legal advice on immigration matters, make sure the person helping you is authorized to give legal advice. Visit the Avoid Scams page for information and resources.

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Разрешение на работу для некоторых категорий будет действительно 5 лет, вместо 2-х лет.

Effective October 1 2023 Expedited Approval of a Work Permit for Parolees and EAD Valid for 5 years

9/26/2023

Starting October 1, 2023, the U.S. Department of Homeland Security says it will implement expedited processing of some Employment Authorization Document (EAD) applications and begin issuing some EADs with longer validity times in an effort to help qualified immigrants gain access to work authorization more quickly.

U.S. Citizenship and Immigration Services (USCIS) will prioritize EAD applications filed by parolees who have scheduled an appointment through the CBP One mobile app in an effort to reduce the processing time for these applications from 90 days to 30 days.

USCIS will also reduce the EAD processing times for EADs based on CBP One parole as well as the Cuban, Haitian, Venezuelan, and Nicaraguan parole programs. The stated goal is to bring down processing times from 90 to 30 days.

In an effort to improve the application process overall, USCIS is increasing the maximum validity period of initial and renewal EADs to five (5) years for certain applicants, including refugees and asylees, asylum and green card applicants. This change will reduce the need for EAD renewal applications and streamline the EAD application and production process.

Effect of Shutdown of the Government on USCIS and Immigration

9/26/2023

A federal government shutdown will impact some, but not all, US immigration and visa programs. The principal distinction is between those programs that are fee-funded and those that rely on congressional appropriations for funding. The greatest business immigration impact will be on US Department of Labor (DOL) programs for permanent (PERM) labor certification and H-1B, E-3, H-1B1, and H-2B matters.
With the growing possibility of a federal government shutdown at the start of its new fiscal year on October 1, 2023, it may be instructive to review how immigration-related agencies operated during prior shutdowns. Any shutdown in FY2023 will also be informed by Department of Homeland Security (DHS) guidance published in 2022 that describes what DHS operations will continue during a federal funding hiatus or lapse in appropriations.
GENERAL SHUTDOWN INFORMATION
If the government agencies close for budgetary reasons, all but “essential” personnel are furloughed and are not allowed to work. Operations that are funded by user fees may face limited operations, but are unlikely to halt completely. Functions that rely on congressional appropriations for their operating funds are likely to shut down all but essential functions.
US CITIZENSHIP AND IMMIGRATION SERVICES
US Citizenship and Immigration Services (USCIS) is funded by fees paid by stakeholders, and as such this agency typically continues operating because it is not dependent on congressional appropriations to fund its operations. Exceptions to this include the few USCIS programs that do receive appropriated funds: E-Verify, the EB-5 Immigrant Investor Regional Center Program, Conrad 30 J-1 doctors, and non-minister religious workers. These operations will likely be suspended.
E-Verify and I-9
E-Verify will likely go dark during a shutdown. While employers must continue to honor their obligations under Form I-9 rules, they will not be sanctioned for delays arising from the inability to process E-Verify cases in accordance with the “three-day rule.” When E-Verify comes back online, employers should create E-Verify cases based on Forms I-9 completed during the shutdown.
For employees who received a tentative non-confirmation (TNC), the period during which employees may resolve TNCs will be extended. The number of days E-Verify is unavailable will not count toward the days that employees have to begin the process of resolving their TNCs.
USCIS has confirmed that employers may continue to use the new alternate document review process for remote Form I-9 document verification if E-Verify is temporarily unavailable due to a government shutdown.
EB-5
Although the EB-5 Immigrant Investor Regional Center Program receives government funding, its current operations are funded and authorized through September 30, 2027.
STATE DEPARTMENT
Visa and passport operations are fee-funded and are not expected to be impacted by a lapse in funding; however, consular availability and processing may nonetheless be impacted depending on the post and ancillary impacts of the shutdown on consular operations. If a consulate is impacted by the shutdown, then it is likely that services will be limited to diplomatic visas and extreme emergencies.
US DEPARTMENT OF LABOR
The processing of labor condition applications for H-1B, E-3, and H-1B1 petitions will be shut down. Similarly, processing of prevailing wage, PERM labor certification, and other operations of the DOL Office of Foreign Labor Certification (OFLC) will cease. DOL/OFLC personnel will not be available to respond to inquiries, and web-based systems for filing, status checks, and uploading documents, among other features, will be offline. Deadlines related to DOL applications and procedures are typically modified.
US CUSTOMS & BORDER PROTECTION
DHS deems passenger and cargo inspection and law enforcement to be essential operations that will continue despite a lapse in appropriations. Ports of entry will be open, and processing of passengers arriving at land, sea, and air ports of entry will continue; however, processing of applications for work visa classification (e.g., TN, H-1B, L-1), particularly at Canadian border posts, may be impacted. Applicants are advised to contact the port of entry in advance to confirm the post’s operational status.
IMMIGRATION AND CUSTOMS ENFORCEMENT
Immigration and Customs Enforcement (ICE) enforcement and removal operations will continue, and ICE attorneys will typically focus on the detained docket during a shutdown. The ICE Student and Exchange Visitor Program (SEVP) offices (for, e.g., F-1, J-1, M-1 visas) are unaffected since SEVP is funded by fees (AILA Doc. No. 21092710).
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
Immigration court cases on the detained docket will proceed during a lapse in congressional appropriations, while nondetained docket cases will be reset for a later date when funding resumes. Courts with detained dockets will receive all filings but will only process those involving detained dockets.
Courts with only nondetained dockets will not be open and will not accept filings. Courts should issue an updated notice of hearing to respondents or representatives of record for reset hearings. Members may want to check with their local chapters for court-specific instructions (AILA Doc. No. 21092710).
CIS OMBUDSMAN
The DHS Office of the CIS Ombudsman would close and would not accept any inquiries through its online case intake system (AILA Doc. No. 21092710).

I-539 Form Applicants are Exempts from Biometrics Fee Effective October 1 2023

9/25/2023

On September 25, 2023, U.S. Citizenship and Immigration Services (USCIS) announced that it is exempting the biometric services fee for Form I-539, Application to Extend/Change Nonimmigrant Status. Beginning October 1, 2023, USCIS will exempt the $85 biometric services fee as part of the application process for Form I-539.

You do not need to pay the fee if your application is postmarked Oct. 1 or later.

However, if you file Form I-539 prior to Oct. 1, certain filers will still be scheduled for an ASC appointment and should still attend that appointment as scheduled.

In most cases, after Oct. 1 applicants will not be scheduled to attend a biometric services appointment. However, if USCIS determines that biometrics are required, the applicant will receive a notice with information about appearing for their biometric services appointment.

If you mistakenly submit the biometric services fee and the payment is submitted separately from the Form I-539 fee, we 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, this is considered an incorrect filing and we will reject the Form I-539. If you mistakenly authorize a credit card payment that combines the biometric services fee with the Form I-539 application fee, we will accept the application, and only charge the application fee. The biometric services fee exemption will apply to all applicants filing on or after Oct.1, 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 for whom USCIS had previously suspended the biometrics requirement through Sept. 30, 2023. As mentioned in the USCIS Fiscal Year 2022 Progress Report (PDF, 1.08 MB) (PDF, 1.08 MB), we are committed to accomplishing our goal of removing the biometric services fee and requirement for all Form I-539 applicants.

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Начиная с 1 октября 2023 USCIS отменил госпошлину за отпечатки пальцев US$85 лицам, подающим заявление на смену или продление статуса в США, по форме I-539.

До 1 октября, нужно оплачивать госпошлину $85. После 1 октября, госпошлина за отпечатки больше не нужна.

Green Card Through VAWA: What is Financial Abuse?

9/19/2023

We often represent our clients in VAWA cases, helping them to apply for a Green Card based on their VAWA self-petition, USCIS Form I-360. This is a petition for a person who is married to a US citizen or permanent resident spouse, and who is in abusive marriage. Children under 21 can be included into a VAWA petition. Parents of the abusive US citizen or permanent resident child can also petition under the provisions of the VAWA law.

Financial abuse is a very common form of abuse. Both women and men can be victims of financial abuse.

We hope you will find this information helpful.

What is financial abuse? What are the signs to look out for?

Financial abuse is one form of domestic abuse. Withholding money, stealing money, and restricting the use of finances are some examples of financial abuse. To figure out if your partner is financially abusing you, think about how you are being treated by answering the following questions.

Does your partner:

Steal money from you or your family?
Force you to give him/her access to your bank accounts to make transactions without your input?
Make you feel as though you don’t have a right to know any details about money or household resources?
Put you on an “allowance” even if you object to this?
Force to you to account for all money you spend by, for example, asking for receipts?
Overuse your credit cards or refuse to pay the bills (thus ruining your credit)?
Prevent you from working or attending school or skill-training sessions?
Withhold physical resources from you including food, clothes, necessary medications, or shelter?
Force you to turn over your paychecks or public benefit payments?
Force you to cash in, sell or sign over any financial assets you own (e.g., bonds, stock or property)?
Force you to agree to power-of-attorney so s/he can sign legal documents?
Force you to work in a family business for little or no pay?
Prevent you from obtaining or using credit cards or bankcards?
Refuse to work to help support the family?
Interfere with your performance at work, by calling you non-stop, visiting your workplace unannounced, etc.?
Threaten to falsely report you for “cheating” on your public benefits so they will be cut off?
Force you to cash in, sell or sign over any financial assets or inheritance you own?
Force you to agree to a power of attorney that would enable your partner to legally sign documents without your knowledge or consent?1

If you have answered “yes” to more than one of these questions, your partner may be financially abusing you. Where there is financial abuse, there may also likely be other forms of abuse in your relationship. To see if you are being emotionally, physically, or sexually abused, you can go to the following pages on our website: Signs of Abuse and Forms of Abuse. Read more here.

To schedule a consultation with an attorney, please email us or use our scheduling app here.

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Грин карта для жертв домашнего насилия. USCIS Форма I-360. Один из широко распространенных типов абьюза - это финансовый абьюз. Он может принимать разные формы - от банального воровства денег из вашего бумажника или сумочки, снятия денег с вашего счета, так и до принуждения продать вашу квартиру на родине и вложить деньги в его бизнес или оплатить его долги, запрещает вам работать, или отбирает все заработанные вами деньги, или принуждает работать на его бизнес бесплатно или за копейки, и т.п.

Для консультации с адвокатом, пишите нам на email адрес или через приложение на нашем сайте.

Affirmative Asylum Applicants Must Bring Their Own Interpreter to Asylum Interview

9/19/2023

On September 13, 2023, USCIS reminded affirmative asylum applicants that, starting today, you must bring an interpreter to your asylum interview if you are not fluent in English or wish to proceed with your interview in a language other than English.
If you need an interpreter and do not bring one, or if your interpreter is not fluent in English and a language you speak, and you do not establish good cause, we may consider this a failure to appear for your interview and we may dismiss your asylum application or refer your asylum application to an immigration judge. We will determine good cause on a case-by-case-basis.
The interpreter must be fluent in English and a language you speak fluently and must be at least 18 years old. The interpreter must not 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.

On Sept. 23, 2020, we published a temporary final rule (TFR) requiring affirmative asylum applicants to use our contracted telephonic interpreters for their asylum interviews, instead of bringing an interpreter to the interview. We published this TFR to reduce the spread of COVID-19 during asylum interviews with USCIS asylum officers while the COVID-19 national emergency and public health emergency were in effect. We published four subsequent TFRs extending the requirement, with the current extension effective through Sept. 12, 2023. This fourth extension provided additional time after the national and public health emergencies expired to allow USCIS to prepare to return to the prior regulatory requirement. With the expiration of the TFR, we are reverting back to the long-standing regulatory requirement for an affirmative asylum applicant to provide an interpreter under 8 CFR 208.9(g).

CSPA Child Status Protection Act Update Reminder

9/4/2023

As we posted in February 2023, CSPA interpretation has changed. Check the Filing Dates in the Visa Bulletin instead of the Final Action Dates.

Our previous Post.

U.S. Citizenship and Immigration Services has issued guidance in the USCIS Policy Manual to update when an immigrant visa number “becomes available” for the purpose of calculating a noncitizen’s age in certain situations under the Child Status Protection Act (CSPA).
For a child to obtain lawful permanent resident status in the United States based on their parent’s approved petition for a family-sponsored or employment-based visa, the child generally must be under the age of 21. If the child turns 21 and “ages out” during the immigration process, the child generally is no longer eligible to immigrate with the parent based on the parent’s petition.
Congress enacted the CSPA to protect certain noncitizen children from losing eligibility to obtain lawful permanent resident status based on an approved visa petition by providing a method to calculate the child’s age that considers when an immigrant visa number “becomes available.” The Department of State’s Visa Bulletin is used to determine when a visa number becomes available. The Visa Bulletin has two charts – the Dates for Filing chart and the Final Action Date chart. Under the previous CSPA guidance, USCIS considered a visa available for purposes of the CSPA age calculation based only on the Final Action Date chart, even if a noncitizen could apply for adjustment of status using the earlier date in the “Dates for Filing” chart.
This USCIS policy change is effective immediately and applies to pending applications. Therefore, some noncitizens with a pending application may now have a CSPA age that is under 21 based on this change. For example, between October and December of 2020, certain noncitizens were permitted to file their adjustment of status applications under the Dates for Filing chart of the Visa Bulletin. However, the Final Action Date chart never advanced sufficiently for their applications to be approved. These noncitizens filed their adjustment of status applications with the requisite fee without knowing whether the CSPA would benefit them.
Under this new guidance, USCIS will now use the Dates for Filing chart to calculate these noncitizens’ ages for CSPA purposes, which provides these noncitizens with more certainty about their eligibility to adjust status. If these noncitizens are eligible to adjust status because of the change in policy and they have filed for adjustment of status, they will also be eligible to apply for employment and travel authorization based on their pending adjustment of status application, and they generally will not lose previously issued employment or travel authorization.
Noncitizens may file a motion to reopen their previously denied adjustment of status application with USCIS by using Form I-290B, Notice of Appeal or Motion. Noncitizens must generally file motions to reopen within 30 days of the decision. For a motion filed more than 30 days after the denial, USCIS may, in its discretion, excuse the untimely filing of the motion if the noncitizen demonstrates that the delay was reasonable and was beyond the noncitizen’s control.
This Policy Manual update will not prevent all children from aging out before an immigrant visa is available to them, nor will it prevent children from losing nonimmigrant status derived from their parents upon reaching the actual age of 21. USCIS continues to explore all options available under the law to aid this population. For example, the Department of Homeland Security regulatory agenda includes an anticipated notice of proposed rulemaking on improving the regulations governing adjustment of status to lawful permanent residence and related immigration benefits.
More information is available in the Policy Alert (PDF, 345 KB) and on the Child Status Protection Act page.

How to Schedule In-Person Appointment at Local USCIS Office Online

8/22/2023

USCIS Launches Online Form to Request a Field Office Appointment.

On August 21, 2023, USCIS announced a new online form for individuals, attorneys, and accredited representatives to request an in-person appointment for certain customer service-related appointment requests, such as ADIT stamp or emergency advanced parole, at their local field office without having to call the USCIS Contact Center.
Individuals can visit my.uscis.gov/appointment to submit a request for a specific date, time, and type of appointment with their local field office.

This online appointment request form is not a self-scheduling tool and does not guarantee an appointment for the preferred date or time requested. The Contact Center will review and validate each request before confirming the appointment date and time.
Individuals, attorneys, and accredited representatives will still have the option to call the USCIS Contact Center to request an appointment. However, USCIS strongly encourages users to use the new online appointment request form to improve their overall customer experience. Using the online appointment request form will save time, increase efficiency, and reduce call volume to the USCIS Contact Center.
Visit my.uscis.gov/appointment for more information.

Appointment requests at USCIS offices are for matter relating to the following categories:

ADIT Stamp: The Alien Documentation Identification and Telecommunication (ADIT) stamp (also known as an I- 551 stamp) provides temporary evidence of lawful permanent resident status that may be issued to Legal Permanent Resident (LPRs) in limited circumstances. It authorizes the holder to work in the United States and be re-admitted to the United States following travel outside of the country. The ADIT stamp is stamped on the individual's unexpired passport or the Form I-94, Arrival/Departure Record when the applicant is unable to obtain a passport or if the passport is expired. If you are not in possession of a valid passport, please ensure you bring two passport-style photos to your appointment.
Note: If you were issued an extension notice after filing, and you are in possession of your expired Legal Permanent Resident card, please show these two documents as your valid proof of status upon request. If you are not in possession of your expired Legal Permanent Resident card, your extension notice is no longer valid, please make an appointment to obtain proof of status.
Check your case status online.

Emergency Advance Parole:

Field offices sometimes receive emergency requests for issuance of an advance parole document. Whether or not to grant a request for emergency advance parole document depends on if the travel need is considered emergent. “Emergent” means “arising unexpectedly,” while “emergency” means “calling for prompt action.” If you are experiencing an extremely urgent situation, you may request an emergency advance parole appointment at your local field office. You should bring the following items to your appointment.

A completed and signed Form I-131, Application for Travel Document
Valid Passport;
The correct I-131 filing fee;
Evidence to support the emergency request (e.g., death certificate, medical documentation); and
Two passport-style photos.

Determine if you are eligible for Emergency Advance Parole: Emergency Travel

Note: Asylum applicants, asylees, refugees, and lawful permanent residents who obtained such status based on their asylum or refugee status are also subject to special rules regarding traveling outside the United States. Additional information regarding traveling outside the United States as well as the consequences that could result if an asylum applicant, an asylee, a refugee, or a lawful permanent resident who obtained such status based on his or her asylum or refugee status returns to his or her country of claimed persecution may be found in the Fact Sheet entitled Traveling Outside the United States as an Asylum Applicant, and Asylee, or a Lawful Permanent Resident Who Obtained Such Status Based on Asylum Status.
Note: Asylees (individuals who have been granted asylum) and Lawful permanent residents who obtained such status based on their asylum status may travel abroad with the prior approval of the Secretary of Department of Homeland Security (DHS). Such prior approval comes in the form of a refugee travel document. A refugee travel document is valid for one year and is issued to an asylee to allow his or her return to the United States after temporary travel abroad. Like advance parole, a refugee travel document does not guarantee admission into the United States. Rather, the asylee must still undergo inspection by an immigration inspector from CBP to review the Form I-131, Application for Travel Document.
Immigration Judge Grant: When an applicant is granted permanent residence or asylum by an Immigration Judge (IJ) during immigration court proceedings or by the Board of Immigration Appeals (BIA), USCIS is responsible for producing the applicants Permanent Resident Card (PRC) or providing proof of status. Typically, the applicant is required to go into the local field office to initiate card production or obtain evidence of status. Please ensure you are in possession of your copy of the Final Order, as well as photo identification and passport to your appointment.
- IJ Asylum grant applicants should also bring two passport-style photos to the appointment.
- IJ LPR grant applicants, who do not possess a valid passport, need to bring two passport-style photos to the appointment. Applicants that do not have valid fingerprints on file may be scheduled for an Application Support Center appointment to produce the I-551 LPR Card.

Briefly in Russian:

21 августа 2023 USCIS объявил о новой онлайн функции, где можно самостоятельно получить дату для посещения местного иммиграционного офиса. По этому линку вы сможете послать запрос на время и дату, это не гарантировано когда вы получите дату для посещения офиса. Запрос можно послать самостоятельно или через адвоката. Это будет полезно, например, если вам срочно нужно получить разрешениа на выезд и въезд в США (emergency advance parole).

Ukraine Redesignated for TPS from October 2023 to April 19 2025

8/18/2023

18 августа 2023 Миграционная Служба США объявила о продлении временного гуманитарного статуса ТПС для украинцев еще на 18 месяцев с 20 октября 2023 по 19 апреля 2025. Все те кто находятся в США на 16 августа 2023 теперь могут подать новое заявление на ТПС (если ранее не было) или продлить ваш период ТПС на 18 месяцев.
Все заявления лучше всего подать онлайн.
Тем у кого оно есть разрешение на работу по ТПС, разрешение на работу или work permit (EAD) будет продлено автоматически на год до 19 октября 2024, при условии, что вы подали на пере-регистрацию ТПС.
Студентам с Украины разрешено подавать на разрешение на работу по новому правилу, и также разрешено уменьшить количество часов в в колледже.

Our contact email is here and to schedule a consultation, please follow the link https://calendly.com/lubasmal/

In English:

On August 18, 2023, the Department of Homeland Security USCIS announced an extension of Temporary Protected Status (TPS) for Ukraine for 18 months, from October 20, 2023, through April 19, 2025. In addition, DHS announced a redesignation of TPS for Ukraine, allowing Ukrainian nationals (and individuals having no nationality who last habitually resided in Ukraine) residing in the United States as of August 16, 2023, to be eligible for TPS.

Accompanying this announcement is a Special Student Relief notice for F-1 nonimmigrant students whose country of citizenship is Ukraine so the students may request employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain F-1 status through the TPS designation period.

The extension allows approximately 26,000 current beneficiaries to retain TPS through April 19, 2025, if they continue to meet TPS eligibility requirements.

An estimated 166,700 additional individuals may be eligible for TPS under the redesignation of Ukraine. This population includes nationals of Ukraine (and individuals without nationality who last resided in Ukraine) in the United States in nonimmigrant status or without lawful immigration status.

Current beneficiaries who wish to extend their temporary protected status must re-register in a timely manner during the 60-day re-registration period from August 21, 2023 through October 20, 2023 to ensure they keep their TPS and employment authorization without a gap. USCIS is automatically extending EADs previously issued through October 19, 2024.

USCIS will continue to process pending applications filed under previous TPS designations for Ukraine. Individuals with a pending Form I-821, Application for Temporary Protected Status, or a related Form I-765, Application for Employment Authorization, do not need to file either application again. If USCIS approves a pending Form I-821 or Form I-765 filed under the previous designation of TPS for Ukraine, USCIS will grant the individual TPS through April 19, 2025, and issue an EAD valid through the same date.

Initial, first-time applicants for TPS under the redesignation of Ukraine must submit Form I-821, Application for Temporary Protected Status, during the initial registration period that runs from August 21, 2023 through April 19, 2025. Applicants may file Form I-821 online. When filing a TPS application, applicants can also request an EAD by submitting a completed Form I-765, Application for Employment Authorization, with their Form I-821, or separately at a later date. Applicants may also submit Form I-765 online.

The Federal Register notice explains the eligibility criteria, timelines, and procedures necessary for current beneficiaries to re-register and renew EADs, and for new applicants to submit an initial application under the redesignation and apply for an EAD.

What to do if the US Embassy placed you into Administrative Processing?

8/17/2023

On June 8, 2023, the U.S. Department of State announced that it had adopted new technology to reduce the time for Administrative Processing. Currently, Administrative Processing lacks any predictability and transparency, and many U.S. visa applications wait for the decision for many weeks, months or years.
Many Administrative Processing visa cases are still taking a very long time. This is particularly true for Russian, Chinese, and Iranian applicants, including individuals who held visas in the past, are currently living in the United States, or have U.S. citizen family members.

As the DOS stated: "National security is our top priority. Before issuing any visa, we ensure that every prospective traveler is subject to extensive security screening. Now, we can do this in a much more streamlined manner."

Applicants living in the United States needing a visa to return should seek advice on the risk of a lengthy delay before leaving the country. In some instances, deferring travel may be advisable.

If a visa applicant is told that they will be placed into Administrative Processing, they should take the following steps:

Ask the interviewing officer why the application is going into Administrative Processing, what are the reasons;
Ask how long the officer believes it will take for the application to clear Administrative Processing, what is an estimate;
Make notes immediately after the interview of all of the questions asked by the consular officer, write it down;
Preserve any paperwork given to you after the interview, keep the copies of all paperwork;
Seek professional legal advice BEFORE (not after) submitting responses to any questionnaires or requests for additional evidence.

To schedule a consultation with an attorney, please email or use our scheduling app.

US Department of State Proposed New Rule to Allow Attorneys to Attend Interview at the US Embassies

8/15/2023

The U.S. Department of State (DOS) is proposing a new rule that would allow third parties (including attorneys, interpreters, and others) to attend interviews at consulates, embassies, and passport agencies and centers for U.S. citizen services.
These services include but are not limited to appointments for passports, requests for Consular Reports of Birth Abroad (CRBA), and Certificates of Loss of Nationality. The State Department wants to accommodate U.S. citizens who wish to have a third-party with them and believes that most consulates, embassies, and centers have the necessary physical capacity to handle this.
State Department guidance has permitted such third-party attendance in the past, but there have been no specific centralized regulations.
Some consulates, however, have issued detailed guidance. An example is the U.S. Embassy and Consulate in Thailand, which has the following parameters for passport and Consular Report of Birth Abroad appointments:

Only one third-party per applicant;
An attorney cannot substitute for the applicant;
The consular official retains discretion to determine the scope and conduct of the interview;
Attorneys are expected to provide guidance before the interview – not during the interview;
Attorneys may not engage in legal argumentation during the interview;
Third-parties (other than the parent or guardian or a minor child) may not answer questions, summarize, clarify or otherwise interfere with an applicant’s responses;
No coaching is allowed;
Attendees may not object to questions or instruct the applicant not to answer;
Attendees may take written notes, but recording is not allowed; and, of course,
Attendees may not be disruptive.

The proposed rule was published in Federal Register, and the State Department will be accepting comments on the proposed new rule until September 25, 2023.

Starting in 2024 US Visitors to EU Schengen Countries will need a Travel Authorization

7/27/2023

Starting in 2024, U.S. travelers will need to apply for authorization to enter the EU Schengen countries through the new European Travel Information and Authorization System (ETIAS). ETIAS was proposed in 2016 but its rollout has been postponed several times. ETIAS will require U.S. citizens to obtain permission to enter Europe’s Schengen countries. U.S. citizens can currently travel to Schengen countries by presenting a US passport at the border without obtaining prior approval. This is now coming to an end.

Since 2009, the U.S. already has a similar program, called the Electronic System for Travel Authorization (ESTA). ESTA was mandated by the Recommendation of the 9/11 Commission Act to support its Visa Waiver Program (VWP). Travelers who are visa exempt must complete and submit an electronic application every two years and pay a fee. The system vets applicants to determine whether the traveler is authorized to enter the U.S. without a visa. There are currently 40 countries that are eligible to enter the US under the VWP.

After ETIAS is in place, all U.S. citizens (as well as travelers from 60 other countries, including Canada and Mexico) will require pre-approval on ETIAS prior to traveling to any of the Schengen-member countries for short stays.

U.S. citizens will not be allowed to enter any of the Schengen countries without proof of ETIAS approval, which requires payment of a fee and a detailed registration application. The reason for the ETIAS is to better secure and police the borders. The application will include criminal and other security questions and each application will be checked in certain European databases including SLTD (Interpol).

When the ETIAS requirement comes into force next year, the E.U. will provide applications through an official website and mobile app.
In order to apply, travelers will need to provide their passport information or another travel document to which a visa can be affixed.
Parents and legal guardians can apply on behalf of minors in their care.
How long does ETIAS approval last?ETIAS approval is valid for three years or until the passport it is registered to expires, whichever comes first.
How much will an ETIAS application cost?The ETIAS processing fee is set at 7 euros ($7.74), but applicants under the age of 18 or over the age of 70 can apply at no charge.
How long will ETIAS application processing take?
According to the E.U., ETIAS approval should come within minutes for most applicants, but can take up to 30 days. The government encourages travelers to apply well in advance of any trip, and strongly advises travelers to receive their ETIAS approval prior to purchasing flights or booking hotel stays.
Can I be denied entry to a country with a valid ETIAS visa?Yes. According to the E.U., travelers will still be subject to border formalities on arrival and an ETIAS visa is not a guarantee for entry.

The new travel authorization applies to those entering any of the below-listed countries, which includes full EU Schengen Member countries, as well as countries that are European Free Trade Association Members, European Microstates with Open Borders, as well as future Schengen members.

In addition to the above countries, Bulgaria, Cyprus, and Romania are in the process of joining the Schengen Zone. Once these countries become Schengen country members, ETIAS will be required for the U.S. travelers.

Family Reunification 3 Year Parole Processes for Colombia, El Salvador, Guatemala, and Honduras

7/7/2023

On July 7, 2023 the U.S. Department of Homeland Security announced the posting of Federal Register notices to implement family reunification parole (FRP) processes for Colombia, El Salvador, Guatemala, and Honduras.
Family Reunification Parole Overview
FRP processes allow certain vetted beneficiaries of an approved Form I-130, Petition for Alien Relative, to be temporarily paroled into the United States on a case-by-case basis. These processes are part of comprehensive measures announced in April by DHS and the Department of State to further reduce dangerous, irregular, migration across the Western Hemisphere, expand lawful pathways, and facilitate safe, humane, processing of migrants.
U.S. citizen and lawful permanent resident petitioners with an approved Form I-130 who receive an invitation from the Department of State can file Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, to initiate the process for the principal beneficiary of the Form I-130, and their derivative family members, to be considered for advance authorization to travel and parole into the United States.
Additional information on updates to the FRP processes for Cuba and Haiti is coming soon.
What You Need to Know
Under these new processes, certain Form I-130 beneficiaries can be considered for parole on a discretionary, case-by-case, and temporary basis after demonstrating urgent humanitarian reasons or significant public benefit, as well as demonstrating that the beneficiary warrants a favorable exercise of discretion.
Beneficiaries under these processes will generally be paroled into the United States for up to three years and are eligible to apply for employment authorization for the duration of their parole period.
Certain U.S. citizen or lawful permanent resident petitioners with an approved Form I-130 must receive an invitation from the Department of State’s National Visa Center to participate in these processes before filing a Form I-134A on behalf of a beneficiary. Invitations have not yet been issued.
More Information
For additional information on FRP, please visit the Family Reunification Parole Processes webpage. We will update this page as more information becomes available.
For more information on the criteria for participating in the FRP processes, see the Federal Register notices for Colombia, El Salvador, Guatemala, and Honduras.

Biometrics Appointment Can be Rescheduled Online

7/7/2023

On June 28, 2023, U.S. Citizenship and Immigration Services launched a new self-service tool allowing benefit requestors, and their attorneys and accredited representatives, to reschedule most biometric services appointments before the date of the appointment.
Previously, benefit requestors and accredited representatives could only request to reschedule a biometric services appointment by calling the USCIS Contact Center. With this new tool, those individuals who have or create a USCIS online account can reschedule most requests for biometric services appointments without having to call the Contact Center.

The new tool, however, cannot be used to reschedule an appointment that already has been rescheduled two or more times, is within 12 hours, or that has already passed.
The biometric services appointment rescheduling tool can be accessed via a USCIS online account regardless of whether the pending case was submitted online or by mail. Benefit requestors and accredited representatives will still have the option to call the USCIS Contact Center to reschedule an appointment, but USCIS strongly encourages users to use the new tool to save time, increase efficiency, and reduce call volume to the USCIS Contact Center.
USCIS is also issuing guidance in the USCIS Policy Manual to explain that the agency may consider an untimely request to reschedule a biometric services appointment and the effect of failing to appear for an appointment, and to explain how the agency considers a timely request to reschedule a biometric services appointment for “good cause.” Good cause exists when the reschedule request provides sufficient reason for the benefit requestor’s inability to appear on the scheduled date.

Sufficient reasons may include, but are not limited to:

Illness, medical appointment, or hospitalization;
Previously planned travel;
Significant life events such as a wedding, funeral, or graduation ceremony;
Inability to obtain transportation to the appointment location;
Inability to obtain leave from employment or caregiver responsibilities; and
Late delivered or undelivered biometric services appointment notice.

USCIS only accepts untimely rescheduling requests made to the USCIS Contact Center and does not accept untimely requests to reschedule by mail or in-person at a USCIS office or through the myUSCIS online rescheduling tool.

DHS Reported Record Number of Overstays in FY 2022

7/7/2023

The Department of Homeland Security (DHS) has recently published an overdue overstay report showing that more than 850,000 foreign visitors overstayed their authorized stay in FY2022, which is probably a record high. A more detailed analysis of the numbers is forthcoming, but here are the highlights:

The total overstay rate for 2022 was 3.64 percent, which is more than double the rate of recent years.
Approximately 98,000 visitors who entered under the Visa Waiver Program (VWP), which allows visa-free travel for short-term visitors from low-risk countries, overstayed in 2022. The country with both the largest number and highest rate of VWP overstayers was Spain, with 28,356 overstays and a rate of 5.6 percent, which could trigger corrective measures.
The largest number of short-term visitor overstays from non-VWP countries came from Venezuela. About 173,000 Venezuelans overstayed during the year -- which is about 94 percent of the visitors. This is because the Biden administration has allowed Venezuelans to enter and receive Temporary Protected Status, a designation that includes a work permit.
The next largest number of overstays by short-term visitors are citizens of Mexico, with approximately 124,000 overstays, at a rate of 3.5 percent.
For the first time, DHS broke down the overstay rates for the three sub-categories of student/exchange visas. Vocational school students had the highest overstay rate of the three (9.1 percent). Exchange visitors overstayed at a rate of 5.6 percent, and university and other traditional students overstayed at a rate of 4.1 percent.
Just over 9,000 citizens of China overstayed on student or exchange visitor visas, representing more than 16 percent of all student/exchange overstays.
The largest number of overstays in the category that includes temporary workers came from Mexico (131,000) and India (5,800).

Visa overstays are a significant contributor to our nation's illegal immigration problem, and improving the situation requires a multi-pronged approach. The State Department will be required to adjust visa issuance standards in certain countries and in certain visa categories, to reflect overstay risks. Sponsors and employers of students and workers that produce disproportionately high numbers of overstays might be barred from participating in visa programs. ICE can be directed to expand enforcement programs that target overstays. Congress will continue to press DHS to build the biometric entry-exit system that will help maintain the integrity of the visa programs.

Read more here.

US Supreme Court Ruled for Biden Administration ICE Enforcement Policies

6/28/2023

Supreme Court Ruled That Texas and Louisiana Lack Standing to Block Biden Immigration Enforcement Guidelines
On June 23, 2023, the U.S. Supreme Court ruled 8-1 in U.S. v. Texas that Texas and Louisiana lacked standing to block Biden administration immigration enforcement guidelines that prioritize national security, public safety, and border security threats over focusing on deporting anyone in the United States without authorization.
Justice Kavanaugh wrote, “The States have brought an extraordinarily unusual lawsuit. They want a federal court to order the Executive Branch to alter its arrest policies so as to make more arrests. Federal courts have not traditionally entertained that kind of lawsuit; indeed, the States cite no precedent for a lawsuit like this.” Justice also said that the Executive Branch “does not possess the resources necessary to arrest or remove all of the noncitizens covered by” federal law. “For the last 27 years since [the laws] were enacted in their current form, all five Presidential administrations have determined that resource constraints necessitated prioritization in making immigration arrests.” Justice Alito dissented.
Homeland Security Secretary Alejandro Mayorkas said that the Department of Homeland Security (DHS) would reinstate the guidelines, which were paused last summer by the Supreme Court. He said this would “enable DHS to most effectively accomplish its law enforcement mission with the authorities and resources provided by Congress.” Texas Gov. Greg Abbott said that Texas would “continue to deploy the National Guard to repel [and] turn back illegal immigrants trying to enter Texas illegally.”
US. v. Texas (June 23, 2023). https://www.supremecourt.gov/opinions/22pdf/22-58_i425.pdf
“The Supreme Court Sides With the Biden Administration in a Fight Over Immigration,” National Public Radio (June 23, 2023). https://www.npr.org/2023/06/23/1182015382/supreme-court-ruling-immigration

Employment Authorization in Compelling Circumstances

6/21/2023

On June 14, 2023, U.S. Citizenship and Immigration Services (USCIS) released its policy guidance on the eligibility criteria for initial and renewal applications for employment authorization documents in compelling circumstances based on existing regulatory requirements at 8 C.F.R §204.5(p).
Specifically, for an applicant to be eligible for an initial employment authorization document (EAD) based on compelling circumstances, the applicant must meet the following requirements:

The principal applicant is the beneficiary of an approved I-140, Immigrant Petition for Alien Worker in the 1st, 2nd, or 3rd employment-based preference category;
The principal applicant is in valid E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant status or authorized grace period when the applicant files Form I-765, Application for Employment Authorization;
The principal applicant has not filed an adjustment of status application;
An immigrant visa is not available to the principal applicant based on the applicant’s priority date according to the Final Action Date Chart in U.S. Department of State’s Visa Bulletin when the Form I-765 is filed;
The applicant and their dependents provide biometrics as required;
The applicant and their dependents have not been convicted of a felony or two or more misdemeanors; and
USCIS determines, as a matter of discretion, the principal applicant demonstrates compelling circumstances that justify the issuance of employment authorization.

The guidance from USCIS provides a non-exhaustive list of situations that could lead to a finding of compelling circumstances for principal applicants and their defendants. Some of them include: serious illness and disability, employer dispute and retaliation, other substantial harm to the applicant, or significant disruption to the employer.

This guidance also provides details on the type of evidence an applicant may submit to demonstrate one of the outlined compelling circumstances. A principal applicant who has an approved I-140, but to whom an immigrant visa is not available and who has lived in the United States for a long period of time, could provide evidence such as school or higher education enrollment records, mortgage records, or long-term lease records to support a finding of compelling circumstances. As an example, a compelling circumstance could be found where due to a job loss, the principal applicant’s family would be forced to sell their home for a loss, pull their children out of school, and relocate to their home country.

Recipients of a compelling circumstances EAD will be in a period of authorized stay in the U.S. and will not be maintaining their nonimmigrant status. Thus, recipients cannot extend their H-1B status in the U.S.

Read more here and here.

New Bill Introduced in 118th Congress: H.R.3911 - To provide for adjustment of status of nationals of Ukraine

6/16/2023

Недавно в 118 Конгресс США был предоставлен новый законопроект Ukrainian Adjustment - суть которого в предоставлении постоянного вида на жительство или грин карт для граждан Украины, приехавших в США после начала военных действий в 2022.

Пока не известны детали этого законопроекта, в частности - кто будет иметь право подать заявление на грин карту (что касается членов семьи, которые не являются гражданами Украины), какие условия, когда, как подавать, стоимость и т.п. И пока не известно, пройдет ли этот законопроект и станет ли он Законом

Текст самого законопроекта пока не был опубликован на сайте Конгресса.

Мы будем следить за новостями и опубликуем как только будут известны подробности.

Это информация с сайта Конгресса США:

Text: H.R.3911 — 118th Congress (2023-2024) All Information (Except Text)As of 06/16/2023 text has not been received for H.R.3911 - To provide for adjustment of status of nationals of Ukraine, and for other purposes.

Bills are generally sent to the Library of Congress from GPO, the Government Publishing Office, a day or two after they are introduced on the floor of the House or Senate. Delays can occur when there are a large number of bills to prepare or when a very large bill has to be printed.
https://www.congress.gov/bill/118th-congress/house-bill/3911/text

DHS Extended TPS for El Salvador, Nepal, Nicaragua, Honduras

6/13/2023

On June 13, 2023, the Department of Homeland Security (DHS) announced the rescission of the prior Administration’s terminations of the Temporary Protected Status (TPS) designations for El Salvador, Honduras, Nepal, and Nicaragua and the extension of TPS for these for countries for 18 months. Today’s actions are relevant to the litigation challenging the now-rescinded terminations. As always, DHS closely monitors conditions around the world to assess whether new TPS designations are warranted.

“Through the extension of Temporary Protected Status, we are able to offer continued safety and protection to current beneficiaries who are nationals of El Salvador, Honduras, Nepal, and Nicaragua who are already present in the United States and cannot return because of the impacts of environmental disasters,” said Secretary of Homeland Security Alejandro N. Mayorkas. “We will continue to offer support to them through this temporary form of humanitarian relief.”

Soon-to-be-published Federal Register notices will explain the eligibility criteria, timelines, and procedures necessary for current beneficiaries to re-register for TPS and renew their Employment Authorization Documents (EADs).

Once the notices are published, existing TPS beneficiaries under the four designations will be able to re-register to continue their TPS throughout the 18-month extension. Individuals who arrived in the United States after the continuous residence dates for these designations are not eligible for TPS and, if they enter without legal authorization and do not have a lawful basis to remain in the United States, will be subject to removal. The respective continuous residence dates are Feb. 13, 2001, for El Salvador; Dec. 30, 1998, for Honduras and Nicaragua; and June 24, 2015, for Nepal.

To ensure continued compliance with court orders in the litigation challenging the now-rescinded termination decisions, DHS previously extended the validity of TPS-related documentation for current beneficiaries who are nationals of El Salvador, Honduras, Nepal, and Nicaragua through June 30, 2024. Details about each country’s extension and the re-registration period are set forth below and will be further explained in forthcoming Federal Register Notices.

El Salvador

DHS is extending the designation of El Salvador for TPS for 18 months, from Sept. 10, 2023, through March 9, 2025. The new extension allows approximately 239,000 current TPS beneficiaries to re-register to retain TPS through March 9, 2025, if they otherwise continue to meet the eligibility requirements for TPS. Existing TPS beneficiaries who wish to extend their status through March 9, 2025, must re-register during the 60-day re-registration period from July 12, 2023, through Sept. 10, 2023.

Honduras

DHS is extending the designation of Honduras for TPS for 18 months, from Jan. 6, 2024, through July 5, 2025. The new extension allows approximately 76,000 existing TPS beneficiaries to re-register to retain TPS through July 5, 2025, if they otherwise continue to meet the eligibility requirements for TPS. Existing TPS beneficiaries who wish to extend their status through July 5, 2025, must re-register during the 60-day re-registration period from Nov. 6, 2023, through Jan. 5, 2024.

Nepal

DHS is extending the designation of Nepal for TPS for 18 months, from Dec. 25, 2023, through June 24, 2025. The new extension allows approximately 14,500 existing TPS beneficiaries to re-register to retain TPS through June 24, 2025, if they otherwise continue to meet the eligibility requirements for TPS. Existing TPS beneficiaries who wish to extend their status through June 24, 2025, must re-register during the 60-day re-registration period from Oct. 24, 2023, through Dec. 23, 2023.

Nicaragua

DHS is extending the designation of Nicaragua for TPS for 18 months, from Jan. 6, 2024, through July 5, 2025. The new extension allows approximately 4,000 current TPS beneficiaries to re-register to retain TPS through July 5, 2025, if they otherwise continue to meet the eligibility requirements for TPS. Existing TPS beneficiaries who wish to extend their status through July 5, 2025, must re-register during the 60-day re-registration period from Nov. 6, 2023, through Jan. 5, 2024.

The decisions to rescind the termination of the designations of these four countries for TPS are effective on June 9, 2023.