In the beginning of the COVID-19 pandemic in March 2020, USCIS relaxed certain filing and other requirements.

The federal government intends to end the emergency declarations related to the COVID pandemic in May 2023. The U.S. Citizenship and Immigration Services announced yesterday the termination of  the first of other COVID flexibilities to be terminated. The USCIS has ended its policy to allow extra time for applicants, petitioners, and requestors to respond to certain actions of the USCIS. Other flexibilities, such as allowing I-9 processing to occur virtually, may follow unless the USCIS allows a particular COVID policy to become permanent.

Effective 03/23/2023, the USCIS has discontinued the policy that provided an automatic 60-day extension to deadlines applicable to responses to certain requests or notices. The extension applied to the following requests or notices, provided that they were issued any time from March 1, 2020, through March 23, 2023:

• Requests for Evidence
• Continuations to Request Evidence (N-14)
• Notices of Intent to Deny
• Notices of Intent to Revoke
• Notices of Intent to Rescind
• Notices of Intent to Terminate regional centers
• Notices of Intent to Withdraw Temporary Protected Status
• Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant

In addition, filings of Form I-290B, Notice of Appeal or Motion, or Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the Immigration and Naturalization Act) must comply with the deadlines in the form instructions regarding a decision dated after March 23, 2023.

The USCIS announcement allowed for the possibility that the agency may exercise discretion “to provide certain flexibilities on a case-by-case basis upon request, for applicants or petitioners affected by an emergency or unforeseen circumstance, such as natural catastrophes (hurricanes, wildfires, severe weather, etc.), national emergencies (public health emergencies), or severe illness (including COVID).”

Signature flexibility made permanent.

The signature flexibility policy put into place during the pandemic has been made permanent.
​
In March 2020, the USCIS adopted a policy that allowed documents to be “scanned, faxed, photocopied, or similarly reproduced provided that the copy must be of an original document containing an original handwritten signature, unless otherwise specified.”
Effective July 25, this policy will be permanent.

This policy still requires that the original signature page be retained so that it can be provided to the USCIS upon request. Failure to produce the original when requested “could negatively impact the adjudication of the immigration benefit.

Lawful permanent residents may receive temporary evidence of their lawful permanent resident status by mail rather than physically visiting a field office to receive an Alien Documentation, Identification and Telecommunication (ADIT) stamp (also known as an I-551 stamp).
 
Lawful permanent residents are entitled to evidence of status and may require temporary evidence of their status in the form of an ADIT stamp if:

• They do not have their Green Card; or
• Their Form I-90, Application to Replace Permanent Resident Card (Green Card), Form I-751, Petition to Remove Conditions on Residence, or Form N-400, Application for Naturalization, is still pending adjudication and their Green Card and extension notice have expired.

 
When lawful permanent residents call the USCIS Contact Center to request temporary evidence of status, an immigration services officer will verify their identity, their physical mailing address, and whether that address can receive UPS or FedEx express mail. They will then either schedule an in-person appointment for the lawful permanent resident, if needed, or submit a request to the USCIS field office to issue the ADIT stamp. If an in-person appointment is not needed, the USCIS field office will review the request for temporary evidence and mail the applicant a Form I-94 with ADIT stamp, DHS seal, and a printed photo of the lawful permanent resident obtained from USCIS systems.
 
USCIS may issue temporary evidence of status in the form of an ADIT stamp. USCIS determines if the requestor should receive an ADIT stamp and has the discretion to determine the validity period based on the lawful permanent resident’s situation (not to exceed one year, unless specified otherwise by regulation or policy).
 
Some lawful permanent residents will still need to appear in person at a USCIS field office to receive temporary evidence of their status, including those who have urgent needs, do not have a useable photo in USCIS systems, or whose address or identity cannot be confirmed.
 
The new process will allow USCIS to issue temporary evidence of lawful permanent resident status in a timely way without requiring a scheduled appointment at the field office, thereby reducing the burden on our applicants and increasing availability of field office resources.

This is a 03/16/2023 update.

US Department of States recently changed the rules when foreign students can apply for a F-1 student visa and when they can arrive in the United States.

​New Students – Student (F and M) visas for new students can be issued up to 365 days in advance of the start date for a course of study.  However, you will not be allowed to enter the United States on your student visa more than 30 days before the start date.

Continuing Students - Student (F and M) visas for continuing students may be issued at any time, as long as the student is currently enrolled at a SEVP-approved school or institution and in SEVIS.  Continuing students may enter the United States at any time before classes start.

Briefly in Russian:

​США изменили важные правила, получения студенческой визы на учебу в США. Теперь подавать заявлкние на визу F-1 на студенческую визу в Соединенных Штатах можно за 365 дней до даты начала учебы, указанной в форме I-20.

Въехать в США новые студенты могут теперь за 30 дней до даты начала учебы (чтобы адаптироваться, снять жилье, подтянуть английский, открыть счет и решить другие бытовые дела).
Форму I-20 университеты теперь смогут выдавать заранее, за год и более до даты начала программы.

​More information here.

The application for U.S. citizenship is called Application for Naturalization, USCIS Form N-400. 

The most current edition of the form is posted at USCIS website
https://www.uscis.gov/n-400

Currently, the filing fee is US$725.00.

You can submit this application by mail or online.

To submit an application online, you can create your USCIS online account at:

https://my.uscis.gov/

Under Sign In - select Create Account.

You can find additional information and test resources hare: 
https://www.uscis.gov/citizenship/apply-for-citizenship

Presently, the 2008 test is offered ruring the naturalization test:

https://www.uscis.gov/citizenship/find-study-materials-and-resources

You can watch naturalization videos here:
https://www.uscis.gov/citizenship/learn-about-citizenship/the-naturalization-interview-and-test 

In 2023, USCIS started redesigning the test. During the webconference on March 3, 2023, they explained what the pilot program is, and advised that USCIS expectation for the leval of English language proficiency is ESL Level 3. 

The Medical Exception, Form N-648, was also recently redesigned, and the new process is in effect since 2022.

Form N-648: Medical Certification for Disability Exceptions.

When you seek a medical certification for disability exception because of a physical or developmental disability or mental impairment that prevents you from learning English and civics, please keep in mind the following:

• There is no filing fee for Form N-648. However, a medical professional may charge a fee for a medical examination and for filling out forms.
• Only a medical doctor, doctor of osteopathy, or clinical psychologist licensed to practice in the United States may certify Form N-648. You may contact your state medical board to determine whether the medical professional has a valid license.
• An authorized medical professional must evaluate you in person or where the state law permits, a real-time telehealth examination, and diagnose you with a condition that prevents you from completing the educational requirements in order to qualify for the N-648.
• Read and sign the Applicant’s (Patient’s) Attestation/Release of Information. A legal guardian, surrogate, or designated representative, may also sign for an applicant who is unable to undergo any part of the naturalization examination because of a physical or developmental disability or mental impairment

Below is a list of main changes in the new Form N-648:

• The new Form N-648 is much shorter and has been cut in half from the previous version, from 9 pages to 4.5 pages.
• Part 1, Applicant Information, has been shortened. The new form no longer requests the applicant’s Social Security Number or address.
• The number of questions in Part 3, Information About Disabilities and/or Impairments, has been greatly reduced and simplified to just key information. In particular, the question about the applicant’s daily life activities in the previous version has been deleted. The following questions have also been deleted: questions about the description of the disabilities, cause of the disabilities, dates of diagnosis, dates of onset, date/location the doctor first examined the applicant, frequency of treatment, if the doctor is the one who regularly treats the applicant, duration of treatment, name of regularly treating medical professional, and explanation of why this doctor is certifying the form instead of the regularly treating medical professional.
• Also in Part 3, the previous questions about the clinical diagnosis and the connection between the disability/impairment and inability to meet the testing requirements have been combined in the first question.
• A new section has been added: Part 4, Ability to Understand Oath of Allegiance, in which the medical professional is asked if the applicant is able to understand and communicate an understanding of the oath. In our earlier comments, we asked USCIS to remove this question from the form. The USCIS Policy Alert explains that the intent of this question is to streamline the oath waiver process by eliminating the need for a separate oath waiver request. However, we are concerned that this question will trigger a big increase in unnecessary oath waiver requests. Most doctors will not understand the oath requirements and will indicate that the applicant requires an oath waiver. Then, the applicant will need a legal guardian, a surrogate, or a designated representative who is a U.S. citizen to testify on their behalf, creating another barrier for those who cannot easily meet this requirement. CLINIC plans to raise these concerns with USCIS and request additional training for medical professionals and adjudicators on the oath waiver. In the meantime, advocates will need to work closely with the medical professional to ensure they answer “yes” if the applicant is capable of taking the oath.
• Part 5, Interpreter Information and Certification, distinguishes between in-person interpretation and telephonic interpretation and has clear instructions on how to complete this section when a telephonic interpreter was used.
• In Part 6, Applicant’s (Patient’s) Attestation/Release of Information, the signature box notes that an applicant can make a mark if they are unable to sign. This is something we requested in our comments.
• Part 7, Medical Professional’s Certification, has been simplified, with key information enumerated at the beginning.
• The Form N-648 Instructions have added information on how to file the N-648 when submitting the N-400 electronically, stating that it can be uploaded as additional evidence. In addition, the instructions have added information to clarify that a legal guardian, surrogate, or designated representative may sign for an applicant who has been deemed legally incompetent.

The USCIS Policy Manual guidance on disability waivers has undergone major revisions that make it consistent with the substance and spirit of the new Form N-648. While the previous version of the policy guidance was harsh and punitive, the new guidance is much more humane and offers more flexibility for applicants in meeting the N-648 requirements. Key changes are discussed below.

Flexibility on N-648 filing date and supplemental informationThe new guidance states that while the N-648 should be submitted as an attachment to Form N-400, “USCIS should accept a Form N-648 submitted after the applicant files the naturalization application” with none of the strict conditions imposed by the previous guidance (Part B).

If the first N-648 is not sufficient, the applicant can submit an updated form with additional information rather than a new N-648. “The resubmitted form must be signed and dated by the same medical professional who signed the original Form N-648” and will be accepted even if the form edition is now expired and no longer in use. “USCIS will also accept a letter or other medical documentation addressing the Form N-648 deficiencies, if it is signed and dated by the same medical professional who signed the Form N-648” (Part G, Section 2).

Flexibility in determining when Form N-648 is sufficient

While the previous guidance required that every question on the Form N-648 be answered fully, the new guidance provides a lot more flexibility. The guidance states that “an officer reviews the Form N-648 in its totality” and an officer reviewing the Form N-64 may determine that it is sufficient “even if some of the questions have incomplete responses… if the file and testimony establish that the applicant is eligible” (Part G).

If information is missing from the N-648, the guidance states that “the officer should review any extra documents provided by the medical professional to determine if the information completes the Form N-648” (Part E). In addition, the guidance states, “Before determining that a Form N-648 is insufficient due to missing information, officers should review all sections to confirm that the information needed does not appear in a different section of the form” (Footnote 24). The N-648 may not be found insufficient solely because Diagnostical and Statistical Manual of Mental Disorders (DSM) or International Classification of Diseases (ICD) codes are missing “if the medical professional has provided a sufficient description of the clinical diagnosis” (Footnote 20). Similarly, the officer “should not determine that the form is insufficient solely because the date of last examination is missing on the form if the date can be confirmed during the naturalization interview.” (Footnote 21). If their signatures are missing on the form, the officer may allow the applicant or the interpreter to sign the form at the interview (if the interpreter was the same one used during the medical professional’s examination) (Footnote 13).

Limited reasons for credible doubtThe list of examples of credible reasons to doubt the validity of the form in Part F, Section 4 has been shortened quite a bit and includes, for example, “The medical professional who completed the Form N-648 is under investigation for immigration fraud, Medicaid fraud, or other fraud schemes.” However, it is still open to a lot of interpretation by adjudicators and includes the catch-all example of “Any other articulable grounds that are supported by the record.” Providing multiple N-648s with different diagnoses and information remains a credible reason to doubt the validity of the Form N-648 in the new guidance, so legal advocates still need to review N-648s carefully for consistency when the client has more than one. In two places, the new guidance states that “in general, USCIS should accept the medical professional’s diagnosis” (Part F, Section 4 and Part G).

While the previous guidance emphasized that the regularly treating medical professional should complete Form N-648, this emphasis has been removed from the new guidance. In the past, if the form was completed by a different medical professional and lacked a sufficient explanation of why, this could be cause for credible doubt and lead to a denial.

Telehealth examinationIn Part E, the new policy guidance states that USCIS may accept a Form N-648 certified by a licensed medical professional who completed a telehealth exam. The medical professional must adhere to their state telehealth laws and requirements.

Increased transparency and communication with the applicantThe new guidance appears to improve transparency and communication with the applicant regarding the sufficiency of Form N-648. For example, if an applicant submits more than one N-648 and there are significant discrepancies between the documents, “the officer must provide the applicant with an opportunity to explain discrepancies” (Part B, Section 2). Later, it states again, “The officer must provide the applicant an opportunity to address any specific discrepancies or inconsistencies during the interview” (Part 4, Section F). If the form is insufficient, “The officer must explain why they found the form insufficient in the applicant’s preferred language, using an interpreter if needed” (Part G, Section 2). This is stated again in Part H, Section 2: “The officer must explain the reasons for insufficiency in the applicant’s preferred language verbally during the interview, using an interpreter if needed.” Before requesting a supplemental Form N-648, the officer must seek supervisory approval and “Explain to the applicant, through an RFE, the reasons for doubting the veracity of the information on the original Form N-648.” (Part F, Section 4).

Additional information can be found in November 2022 guidance.

If you have any questions, please email us to ask questions or to schedule a consultation.

U.S. Citizenship and Immigration Services announced today the expansion of premium processing for certain F-1 students seeking Optional Practical Training (OPT) and F-1 students seeking science, technology, engineering, and mathematics (STEM) OPT extensions who have a pending Form I-765, Application for Employment Authorization, and wish to request a premium processing upgrade. 

I-907 filing fee of $1,500 must be paid separately.

Online filing of Form I-907, Request for Premium Processing Service, is now also available to F-1 students in these categories. USCIS continues to accept the latest paper version of this form by mail. 
“The availability of premium processing for certain F-1 students, in addition to the ease of online filing, will streamline the immigration experience for a great many international students,” said USCIS Director Ur M. Jaddou. “The ongoing expansion of online filing is a priority for USCIS as we continue to create operational efficiencies and increase access to the immigration system for stakeholders, applicants, petitioners, requestors, and those we serve.”  
Premium processing expansion for certain F-1 students will occur in phases, and students requesting premium processing should not file before these dates: 

• Beginning March 6, USCIS will accept Form I-907 requests, filed either via paper form or online, for certain F-1 students who already have a pending Form I-765, Application for Employment Authorization, if they are filing under one of the following categories: 
  • (c)(3)(A) – Pre-Completion OPT; 
  • (c)(3)(B) – Post-Completion OPT; and 
  • (c)(3)(C) – 24-Month Extension of OPT for STEM students. 
• Beginning April 3, USCIS will accept Form I-907 requests, filed either via paper form or online, for F-1 students in the above categories when filed together with Form I-765. 

USCIS will reject premium processing requests for a pending Form I-765 if received before March 6, and will reject any premium processing request for an initial or concurrently filed Form I-765 that is received before April 3, 2023.
To file Form I-907 online, an applicant must first create a USCIS online account, which provides a convenient and secure method to submit forms, pay fees, and track the status of any pending 
USCIS immigration request throughout the adjudication process. There is no cost to set up a USCIS online account, which offers a variety of features, including the ability to communicate with USCIS through a secure inbox and respond to Requests for Evidence online.  
Applicants who previously filed a paper Form I-765 and wish to file Form I-907 online to request premium processing should reference the USCIS Account Access Notice they received for the Online Access Code and details on how to link their paper-filed cases to their online account, or they will not be able to file Form I-907 online and will need file a paper Form I-907 with the Chicago lockbox. 
As previously announced, the expansion of premium processing is part of USCIS’ efforts to increase efficiency and reduce burdens to the overall immigration system, and is being  implemented in a phased approach.  
The addition of online filing for Form I-907 brings the total number of forms available for online filing to 16. The Forms Available to File Online page has links to file all of these forms. USCIS continues to accept the latest paper versions of all forms by mail. More than 1.8 million applications, petitions and requests were filed online in FY 2022, a 53% increase from the 1.2 million filed in FY 2021. 

It has been reported that the U.S. Department of State is offering the return of stateside H-1B and L-1 nonimmigrant visa renewal processing.

This process is in the regulatory framework of the department and presently available to only diplomats and NGOs. It stopped full operations in 2004. 

​H-1B visas are for professional specialty occupation foreign workers across industries and occupations. This visa allows employers to add professional and specialized workers for two three-year periods with further extension period available to those with approved green card petitions waiting limited immigrant visa availability.

Employers seek L-1 visas for foreign nationals who work as employees for a related corporate entity overseas. They are selected for transfer based on their experience and credentials to work for the U.S. related entity as executives, managers or specialized knowledge workers. The L-1 is limited to a five- to seven-year period.

The State Department has not announced any details about the restored stateside service. The agency must set up an entire processing structure to adjudicate the anticipated volume. In the past, specific documents were submitted for processing; they included the DS-160 form, a money order, a passport valid six months beyond the visa petition expiration date, the I-797 Notice of Approval, and an employment verification letter by the U.S. employer with W-2s and pay statements.

It is expected similar documents will be required under the restored program. 

This pilot is expected to start later this year and only for limited kinds of nonimmigrant visas at this time.

On January 30, 2023, USCIS announced new designs for a Green Card or Form I-551, Permanent Resident Cards, and Form I-766, Employment Authorization Documents (EADs) or work permits.

USCIS began issuing the redesigned cards on Jan. 30, 2023. Some Permanent Resident Cards and EADs issued after Jan. 30, 2023, may still display the previous design format.

I attended a meeting with USCIS today, where they advised that the old design of a Green Card could be produced until May 2023, and the old design of a work permit - until February 2024.

The reason is the old stock that they want to use first.

New cards have new tactile features, a "layer reveal window" in the back, there is no fingerprint, the Stature of Liberty and the eagle were redesigned as well.

The introduction of new card designs does not mean that previously issued cards are invalid. Cards remain valid until their expiration date (unless otherwise noted, such as through an automatic extension of the validity period of the Permanent Resident Card or EAD as indicated on a Form I-797, Notice of Action, or in a Federal Register notice). Also, some older Permanent Resident Cards do not have an expiration date. These older Permanent Resident Cards without an expiration date remain valid.

​Samples of the new and old cards, as well as guidance regarding PRC and EAD auto-extensions, are available in the new Commonly Used Immigration Documents section of the SAVE webpage.

​Начиная с 30 января 2023 USCIS начал выдавать грин карты и разрешения на работу нового образца. Карточки старого образца будут выдаваться до тех пор пока USCIS не использует все их запасы, приблизительно до мая 2023 грин карты, и до февряля 2024 разрешения на работу.

Ваши старые карточки продолжают оставаться действительными и их не нужно обменивать на новые.

On February 21, 2023, the Biden administration recently announced a proposed asylum regulation. It would create a new asylum application process for adults and families who present themselves unannounced to U.S. border officials to request asylum, and had traveled through another country on their way to the U.S. without applying for asylum – and being denied — there.

The government insists that every asylum seeker has the power to avoid the ban by sticking to what it calls “lawful pathways”, that implies it’s unlawful to seek asylum if you enter the United States between ports of entry. And the regulation creates a whole procedure to determine whether and how the ban applies.

So, to illustrate the steps of the proposed regulation, here is “How to Seek Asylum In the United States (Under the Biden Administration’s Proposed Asylum Transit Ban), In 12 Not-At-All-Easy Steps" created by a non-profit  organization American Immigration Council.

• Step 1: If you are from Cuba, Haiti, Nicaragua, Ukraine or Venezuela, and you have not irregularly entered Panama (through the Darién) or Mexico: go to step 2. If not, go to step 3.
• Step 2: If you have people in the U.S. willing to sponsor you who make enough money, cash for airfare, a passport, and time to wait: apply for humanitarian parole, which will allow you to fly into the U.S. and work legally for 2 years. If you don’t, go to Mexico and Step 3.
• Step 3: Try to find safe shelter on the Mexican side of the border (while evading Mexican immigration enforcement if you don’t have permission to be in Mexico). If you can find it, and you have the ability to freely travel to a port of entry (instead of having your smuggler decree where you’ll be crossing), go to step 4. If not, cross into the U.S. between ports of entry, request asylum, and go to step 7 for your eventual screening interview.
• Step 4: If you have a phone that can install CBP One, the ability to read English, Spanish, or Haitian Kreyol (but really just English, since that’s what the error messages are in), and patience to try to search for appointments day after day when the limited slots fill up or the app glitches: download CBP One and keep trying to get an appointment until you access the normal asylum process. If you run out of patience, money, or hope, go to step 5.
• Step 5: Go to the port of entry – assuming there aren’t U.S. or Mexican officials positioned in front of it preventing you from setting foot on U.S. soil. Try to get the attention of an officer and request asylum if you make it onto U.S. soil, then go to step 6.
• Step 6: Wait for your credible fear interview with an asylum officer. You can argue to them that you were unable to use CBP One due to an “ongoing and serious obstacle”; the burden is on you to prove that. If you can persuade the official it is more likely than not you were thus prevented, go to the normal asylum process, starting with a credible fear interview. Otherwise, go to step 7.
• Step 7: The asylum officer will ask whether you applied for—and were denied—asylum in another country before coming to the U.S. If you didn’t, you are now presumed barred: ineligible for asylum. Go to step 8.
• Step 8: The asylum officer will now find out if you qualify for an exemption to the bar – in legal terms, whether you “rebut the presumption” of ineligibility. If you were subject to an “acute” medical emergency; in “imminent and extreme danger;” or being trafficked in a “severe form” and can demonstrate all of this to the asylum officer’s satisfaction, you will be allowed to access the normal asylum process, including a credible fear interview. Otherwise, go to step 9.
• Step 9: At this point, the interview will proceed like a normal asylum screening interview, with questions about persecution faced in your home country and why you fear return. But the standard for passing the interview has shifted. Instead of the normal asylum process, which uses a “credible” standard met by 60 percent of interviewees over the last year (though it’s been higher in the past), you’re now subject to a “reasonable” standard that about a third of interviewees have met over that period. If you can pass the higher bar, you pass the interview and will be allowed to stay in the U.S. to appear before an immigration judge; go to step 11. If you can’t, go to step 10.
• Step 10: You fail the interview. If you want to appeal to a judge, request it in writing and go to step 12; otherwise, you will be deported.
• Step 11: You are allowed to apply for asylum before the immigration judge. However, it’s not clear from the draft regulation what happens next. The text of the draft regulation doesn’t say anything further has to happen, so judging by that, you will be allowed to access the normal asylum process. But the way DHS says the new system will work—in the preamble published in the Federal Register alongside the draft regulation, and on its website—is more complicated, and suggests you may still be ineligible for asylum and could only apply for “withholding of removal.” That means it’s possible the final regulation will be changed to reflect the more complicated process, and if not, the ambiguity may be used to your disadvantage. For that, go to step 12.
• Step 12: The judge reviews your interview transcript with the asylum officer and does their own review of whether you have demonstrated that you meet an exception to the bar (like the asylum officer did in step 8). If they find you do, you will be allowed to access the normal asylum process. If not, they’ll then review whether you demonstrate “reasonable fear” (as in step 9). If they find you do have a “reasonable fear,” you may be allowed to access the normal asylum process, or may be restricted to withholding of removal. If they find you don’t, you will be deported.

This chart is not meant to be legal advice. Because if this seems convoluted—not to mention unclear—then know that the government is giving both itself and the public less than the usual amount of time to comment on and revise the draft regulation before it’s finalized.

Please note that this is still a proposed rule. The period for public comment is short—30 days instead of 60—and the time the government will take to read those comments could be constrained. The Biden administration has said that it anticipates it will have a new policy regime in place to succeed Title 42 when the national COVID emergency ends, which is currently set to happen on May 11, 2023. This regulation is written to serve as that policy: it says it won’t go into effect until Title 42 ends, which means the administration thinks there’s a good chance it will be finalized before then. That gives the government as little as six weeks for a process that often takes up to a year.

Read more here.

On February 14, 2023, the USCIS issued new guidance in it’s policy manual to update when an immigrant visa number “becomes available” in calculating a child’s age under the Child Status Protection Act (CSPA age).

Under the new policy, more children will be protected and will not “age out” and will not be separated from their parents when getting a green card.

The new CSPA policy will apply to “derivative beneficiaries” of both employment-based and family-based applicants for adjustment of status as long as their applications were pending on or after February 14, 2023.
​
What the new policy means?

Since 2015, the US Department of State started issuing two separate charts in the monthly Visa Bulletin for the Family and Employment categories:

(1) The Final Dates Chart which shows when an immigrant visa may be issued; and

(2) The Dates of Filing Chart which notifies applicants when they may submit required documents for their green card applications.

An applicant may submit documents sooner under the Dates of Filing Chart than under the Final Action Dates Chart.  The USCIS chooses each month whether to accept adjustment of status applications earlier under the Dates of Filing Chart or later under the Final Action Dates Chart.

Until February 14, 2023, the USCIS calculated the CSPA age of a child of the applicant using the Final Action Dates Chart.

​The new policy in effect since 02-14-2023, clarifies that the USCIS will now use the dates in the Dates of Filing Chart if the agency agrees to use that chart in accepting adjustment applications for a particular month.
The dated of Filing charts is often months or even years ahead of the Final Action Dates.

In announcing the policy change, USCIS mentioned that noncitizens whose adjustment of status applications were denied could file a motion to reopen (Form I-290B) with the agency. Currently, a filing fee is $675 and USCIS maintains discretion to accept such a motion if filed later than 30 days after the denial, or deny it.

New Chapter 7 - Child Status Protection Act.

A very important update for people preparing to apply for VAWA, Form I-360, and/or file a concurrent adjustment of status application, Form I-485.
​
Starting 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.
​
If you are a Self-Petitioning Abused Spouse, Child, or Parent filing:
Then mail your petition/application to:

Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant:

Nebraska Service Center
U.S. Postal Service (USPS):
USCIS
P.O. Box 87426
Lincoln, NE 68501-7526
FedEx, UPS, and DHL deliveries:
USCIS
Attn: 360 VAWA
850 S St.
Lincoln, NE 68508-1225

Form I-485, Application to Register Permanent Residence or Adjust Status:

Nebraska Service Center
U.S. Postal Service (USPS):
USCIS
P.O. Box 87426
Lincoln, NE 68501-7526

​FedEx, UPS, and DHL deliveries:
USCIS
Attn: 485U VAWA
850 S St.
Lincoln, NE 68508-1225


USCIS updated the addresses on the Direct Filing Addresses for Form I-360, Immigrant Petition for Amerasian, Widow(er) or Special Immigrant, page and the Direct Filing Addresses for Form I-485, Application to Register Permanent Residence or Adjust Status, page.

USCIS will allow a 30-day grace period for petitioners to file Form I-360 and Form I-485 at the Vermont Service Center. Items must be postmarked on or before March 12, 2023. USCIS will reject and return any application, secure identity documents, and other correspondence to the safe address, preferred address or the address of the Attorney or Accredited Representative if any listed on an accompanying Form G-28.

Briefly in Russian:

Очень важная перемена - начиная с 10 февраля 2023 все петиции ВАВА для жертв домашнего насилия и грин карты по этой категории будут подаваться на в Вермонт, а в Небраску!

Если вам нужна помощь - пожалуйста обращайтесь!

​Контактный емейл адрес нашего офиса в Небраске. Мы занимаемся петициями ВАВА с 2005 года.

Effective immediately, U.S. Citizenship and Immigration Services (USCIS) has updated guidance in the USCIS Policy Manual to clarify that both asylees and refugees must have been physically present in the United States for one year when USCIS adjudicates their Form I-485, Application to Register Permanent Residence or Adjust Status, rather than at the time they file their adjustment of status application. This applies to all Form I-485 and Form N-400, Application for Naturalization, applications pending on Feb. 2, 2023, and those filed on or after that date.
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This update will promote consistency across asylee and refugee adjustment of status applications. If we cannot determine whether an applicant satisfies the one-year physical presence requirement by reviewing their file or our records when we adjudicate their Form I-485, we may request additional evidence.
This policy manual update also:

• Clarifies that asylee and refugee adjustment of status applicants previously admitted in J-1 or J-2 nonimmigrant status and otherwise subject to the two-year foreign residence requirement under Immigration and Nationality Act (INA) 212(e) do not need to meet that two-year requirement (or obtain a waiver) to adjust their status under INA 209; and
• Makes minor technical updates, including clarifying processing steps for refugees seeking waivers of inadmissibility, removing references to the obsolete Form I-291, Decision on Application for Status as Permanent Resident, and adding regulatory citations related to asylum termination procedures.

​Policy Manual.

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​Avoid Scams – Uniting for Ukraine and Processes for Cubans, Haitians, Nicaraguans, and Venezuelans

Uniting for Ukraine and the Processes for Cubans, Haitians, Nicaraguans, and Venezuelans, provide pathways for nationals of these countries and their immediate family members to come to the United States and stay temporarily in a 2-year period of parole.

USCIS is asking potential supporters and beneficiaries of these parole processes to be cautious of scams and rumors. There has been an increase in scams and predatory behavior targeting individuals from these countries who may be considered for parole under these processes. Scammers and other bad actors exploit their victims by creating uncertainty and misinformation. Find more information on scams and legal services on the USCIS Avoid Scams webpage.
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Some common scams and misleading offers to be aware of include:

• Government impersonators: Look out for scammers posing as USCIS officials. USCIS will only contact you through official government channels and will not contact you through your personal social media accounts (such as Facebook, Twitter, LinkedIn, etc.).
• Misleading offers of support: Look out for individuals who attempt to contact you online or through your social media accounts to offer to be your supporter or connect you to a supporter in exchange for a fee or your biographic information, such as your passport number or date of birth. Supporters should be able to provide financial support to beneficiaries for up to a 2-year period of parole. Beneficiaries are not obligated to repay, reimburse, work for, serve, marry, or otherwise compensate their supporter in exchange for the potential supporter submitting Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, on their behalf or for providing financial support while they are in the United States. Find more information on potential exploitation and abuse in the Understand Your Rights guide.
• Scam websites: Some websites claim to be affiliated with USCIS and offer step-by-step guidance on completing a USCIS application, petition, or request. Make sure your information is from uscis.gov, dhs.gov, or is affiliated with uscis.gov. Make sure the website address ends with .gov.
• Payments by phone or email: USCIS will never ask you to transfer money to an individual. We do not accept Western Union, MoneyGram, PayPal, or gift cards as payment for immigration fees. In addition, we will never ask you to pay fees to a person on the phone or by email.
• Notarios Públicos and unauthorized practitioners of immigration law: In the United States, a notario público is not authorized to provide you with any legal services related to immigration benefits.
  
  ​Only an attorney or an accredited representative working for a Department of Justice (DOJ)-recognized organization can give you legal advice. 

To schedule an appointment with an attorney, please email us.

The Department of Homeland Security (DHS) today posted a Federal Register notice on Temporary Protected Status (TPS) for Haiti. The notice provides information about how to register or re-register for TPS under Haiti’s extension and redesignation for an additional 18 months, from February 4, 2023, through August 3, 2024. Last month, Secretary of Homeland Security Alejandro N. Mayorkas announced the 18-month extension and redesignation of Haiti for TPS.

The registration process begins on January 26, 2023. All individuals who want to request TPS under the designation of Haiti must file an application.

The extension of TPS for Haiti allows approximately 107,000 current beneficiaries to retain TPS through August 3, 2024, if they continue to meet TPS eligibility requirements. It is estimated that approximately 105,000 additional individuals in the United States may be eligible for TPS under the redesignation of Haiti. Only individuals who have been continuously residing in the United States since November 6, 2022, are eligible for TPS under Haiti’s redesignation.

Existing TPS beneficiaries who wish to extend their status to August 3, 2024, must re-register during the 60-day re-registration period from January 26, 2023, through March 27, 2023, to ensure they keep their TPS and employment authorization without a gap. DHS recognizes that not all re-registrants may receive new Employment Authorization Documents (EADs) before their current EADs expire on February 3, 2023, and is automatically extending through February 3, 2024, the validity of EADs previously issued under the TPS designation of Haiti.

U.S. Citizenship and Immigration Services will continue to process pending applications filed under Haiti’s initial TPS designation. 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.

New applicants for TPS under the redesignation of Haiti must submit Form I-821, Application for Temporary Protected Status, during the initial registration period that runs from January 26, 2023, through August 3, 2024. Haiti TPS applicants may file Form I-821 online. When filing a TPS application, applicants can also request an EAD by submitting Form I-765, Application for Employment Authorization, either 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 their EAD, and for new applicants to submit an initial application under the redesignation and apply for an EAD.
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​U.S. Citizenship and Immigration Services is extending certain COVID-19-related flexibilities through March 23, 2023. Under these flexibilities, USCIS considers a response received within 60 calendar days after the due date set forth in the following requests or notices before taking any action, if the request or notice was issued between March 1, 2020, and March 23, 2023, inclusive:

• Requests for Evidence;
• Continuations to Request Evidence (N-14);
• Notices of Intent to Deny;
• Notices of Intent to Revoke;
• Notices of Intent to Rescind;
• Notices of Intent to Terminate regional centers;
• Notices of Intent to Withdraw Temporary Protected Status; and
• Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion, or a Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if:

• The form was filed up to 90 calendar days from the issuance of a decision we made; and
• We made that decision between Nov. 1, 2021, and March 23, 2023, inclusive.

USCIS anticipates that, barring changes presented by the pandemic, this will be the final extension of these accommodations, and requesters must comply with the response requirements set forth in any request or notice dated after March 23, 2023.
As a reminder, the reproduced signature flexibility announced in March 2020 became a permanent policy on July 25, 2022.

Please visit uscis.gov/coronavirus for USCIS updates related to COVID-19.
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For more information on situations such as natural disasters or other unforeseen circumstances (including COVID-related illness), where USCIS may provide accommodations, on a case-by-case basis upon request, please visit the Immigration Relief in Emergencies or Unforeseen Circumstances page.

To schedule a consultation with immigration attorney, please email us.

Generally, being a dual national (having two or more citizenships, one of which in a TPS-designated country) does not prohibit an applicant from applying for TPS.

However, a dual national applicant should very carefully consider his or her "operative nationality" and "firm resettlement" issues before applying for TPS.

It is advisable to consult an attorney before applying.

Operative Nationality

Although US law recognizes dual nationality, a person may claim only one nationality at a time for immigration matters within the United States. This singular “operative nationality” becomes the crucial first test in assessing whether the dual national may qualify for TPS.

USCIS generally looks at how the applicant entered the US in order to determine operative nationality. For example, what passport they used to travel to the United States, and when applying for extension or change of status, how did they identify their nationality on forms and applications?

If you entered with a passport from a TPS-designated country and that country is shown on the I-94, it’s safe to say you have met the operative nationality test. If so, move to the next analysis.
 
Firm Resettlement

Even if the dual national passes the operative nationality test, the USCIS officer may still challenge by issuing a request for additional evidence (RFE) and assess whether the dual national may have firmly resettled in another country.

The law state that a noncitizen is “considered to be firmly resettled if, prior to arrival in the United States, he or she entered into another country with, or while in that country, received, an offer of permanent resident status, citizenship, or some other type of permanent resettlement”.

Under the firm resettlement analysis, simply having a passport from the non-TPS country without living in that non-TPS-country should not give rise to a firm resettlement finding. However, ask an advise from an attorney before applying.
Even if the dual national did enter the non-TPS-country, the applicant may still establish that they are not subject to the firm settlement bar by showing that there were no significant ties or there were restrictive conditions in the non-TPS-country.

USCIS explained these factors in a March 29, 2021 Questions and Answers on “Designation of Syria for Temporary Protected Status,” by stating the following:
"TPS applicants may submit evidence regarding when and how they obtained their non-TPS citizenship, the nature of their family and other ties to the non-TPS country, whether they have lived in the other country, when and how long they lived in that country, dates of visits to the non-TPS country of citizenship, and any other information that the applicant believes may be relevant to the firm resettlement issue. ".

More information on TPS is here.

Eligibility Requirements

To be eligible for TPS, you must:

• Be a national of a country designated for TPS, or a person without nationality who last habitually resided in the designated country;
• File during the open initial registration or re-registration period, or you meet the requirements for late initial filing during any extension of your country’s TPS designation (Late initial filers see ‘Filing Late’ section below);
• Have been continuously physically present (CPP) in the United States since the effective date of the most recent designation date of your country; and
• Have been continuously residing (CR) in the United States since the date specified for your country. (See your country’s TPS web page to the left). The law allows an exception to the continuous physical presence and continuous residence requirements for brief, casual and innocent departures from the United States. When you apply or re-register for TPS, you must inform USCIS of all absences from the United States since the CPP and CR dates. USCIS will determine whether the exception applies in your case.

You may NOT be eligible for TPS or to maintain your existing TPS if you:

• Have been convicted of any felony or two or more misdemeanors committed in the United States;
• Are found inadmissible as an immigrant under applicable grounds in INA section 212(a), including non-waivable criminal and security-related grounds;
• Are subject to any of the mandatory bars to asylum. These include, but are not limited to, participating in the persecution of another individual or engaging in or inciting terrorist activity;
• Fail to meet the continuous physical presence and continuous residence in the United States requirements;
• Fail to meet initial or late initial TPS registration requirements; or
• If granted TPS, you fail to re-register for TPS, as required, without good cause.

Briefly in Russian:

Нередко человек, подающий на TPS, имеет два или более гражданства.

В каких ситуациях USCIS утверждает TPS таким лицам с двойным гражданством, у которых потенциально есть безопасная страна?

1) Вначале проводится анализ по какому паспорту человек въехал в США, какое гражданство было заявлено при въезде.

2) Если это гражданство страны, где TPS статус был объявлен, то второй элемент теста - проживал ли человек в безопасной стране своего второго гражданства, какая связь с этой страной? 

Нередки случаи, коглда именно по этому пункту USCIS присылает RFE или запрос на дополнительные документы, и отказы по этому сонованию также бывают.

Если вы сомневаетесь, лучше проконсультироваться с адвокатом перед подачей заявления на TPS.

USCIS is extending the validity of Permanent Resident Cards (also known as Green Cards) for petitioners who properly file Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status for 48 months (4 years) beyond the card’s expiration date. This change started on January 11, 2023, for Form I-829 and will start on January 25, 2023, for Form I-751.

USCIS has updated the language on Form I-751 and Form I-829 receipt notices to extend the validity of a Green Card for 48 months for individuals with a newly filed Form I-751 or Form I-829.

USCIS will issue new receipt notices to eligible conditional permanent residents who previously received notices with an extension shorter than 48 months and whose cases are still pending.

These receipt notices can be presented with an expired Green Card as evidence of continued status, while the case remains pending with USCIS. By presenting your updated receipt notice with your expired Green Card, you remain authorized to work and travel for 48 months from the expiration date on the front of your expired Green Card.
As a reminder, conditional permanent residents who plan to be outside of the United States for a year or more should apply for a reentry permit by filing Form I-131, Application for Travel Document, before leaving the United States. For more information, see our International Travel as a Permanent Resident webpage.

Briefly in Russian:

Правильная и своевременная подача формы I-751 с 25 января 2023 будет продлять срок действия условной грин карты на 4 года (48 месяцев) с даты истечения грин карты.

Если вы уже подали вашу петицию, и она все еще на рассмотрении, вы получите письмо продляющее срок действия грин карты.

On January 19, 2023, the US Department of State announced creation of a new Refugee Resettlement program. The government decided to involve private American citizens into sponsorship, resettlement and taking care of the needs of the refugees. A new program is called The Welcome Corps.

The Department of State, in collaboration with the Department of Health and Human Services, is pleased to announce the creation of the Welcome Corps, a new private sponsorship program that empowers everyday Americans to play a leading role in welcoming refugees arriving through the U.S. Refugee Admissions Program (USRAP) and supporting their resettlement and integration as they build new lives in the United States. Over the past year, the American people have extended an extraordinarily welcoming hand to our Afghan allies, Ukrainians displaced by war, and Venezuelans and others fleeing violence and oppression. The Welcome Corps will build on Americans’ generosity of spirit by creating a durable program for Americans in communities across the country to privately sponsor refugees from around the world. The Welcome Corps is the boldest innovation in refugee resettlement in four decades.

Since the formal inception of the USRAP in 1980, the Department of State has partnered primarily with non-profit resettlement agencies to provide initial resettlement assistance to newly arriving refugees. The Welcome Corps creates new opportunities for everyday Americans to engage directly in refugee resettlement through private sponsorship, independent of and complementary to existing avenues for volunteering with resettlement agencies. By tapping into the goodwill of American communities, the Welcome Corps will expand our country’s capacity to provide a warm welcome to higher numbers of refugees. The launch of the Welcome Corps fulfills the U.S. Government’s commitment to develop a private sponsorship program for resettling refugees in the United States, as directed by President Biden through Executive Order 14301 on “Rebuilding and Enhancing Programs to Resettle Refugees” in February 2021. The establishment of the Welcome Corps is also an aspect of the U.S. Government’s ongoing efforts to strengthen, modernize, and expand the USRAP. The Welcome Corps incorporates lessons learned from other emergency initiatives launched over the past year, including the Sponsor Circle Program for Afghans and sponsorship-based parole programs overseen by the Department of Homeland Security, including Uniting for Ukraine.

Year One of the Welcome Corps

The Department of State will roll out the Welcome Corps in two phases to identify, evaluate, and scale-up the most successful elements of private sponsorship as an innovative, community-led model of resettlement, with the goal of cementing the Welcome Corps as an enduring feature of our refugee resettlement system.

In the first phase of the program, private sponsors participating in the Welcome Corps will be matched with refugees whose cases are already approved for resettlement under the USRAP. The Department of State will begin facilitating matches between private sponsors and refugees arriving within the first six months of 2023.

In the second phase of the program, which will launch in mid-2023, private sponsors will be able to identify refugees to refer to the USRAP for resettlement and support the refugees they have identified. Further details on the second phase of the program will be forthcoming. The Welcome Corps will ultimately be a key part of the U.S. refugee resettlement system, providing a life-saving lifeline to vulnerable people in need of resettlement. In the first year of Welcome Corps, the Department of State will seek to mobilize 10,000 Americans to step forward as private sponsors and offer a welcoming hand to at least 5,000 refugees. If more than 10,000 individual Americans join the Welcome Corps in 2023, we will seek to pair additional private sponsors with refugees in need of a warm welcome.

Participating Organizations

The Department of State is funding a consortium of non-profit organizations with expertise in welcoming, resettling, and integrating refugees into U.S. communities to support the Welcome Corps. This consortium is being led by the Community Sponsorship Hub, and includes Church World Service, IRIS – Integrated Refugee and Immigrant Services, the International Refugee Assistance Project, the International Rescue Committee, and Welcome.US. This consortium will offer expert guidance and support to Americans joining the Welcome Corps.

The consortium will manage the Welcome Corps’ program infrastructure including:

Overseeing vetting and certification of private sponsors through an application process;
Providing training, additional resources, and connections to equip private sponsors with the knowledge, skills, and tools needed to welcome refugees; and
Monitoring the program to ensure privately sponsored refugees are getting the support they need for success and collecting data to evaluate the program.

Community organizations and institutions may also apply to participate in the Welcome Corps as Private Sponsor Organizations (PSOs) to mobilize, support, and oversee private sponsors. As the Welcome Corps launches, a range of organizations are stepping forward as PSOs including Alight, Every Campus A Refuge, HIAS, Home for Refugees USA, IRIS – Integrated Refugee and Immigrant Services, the International Rescue Committee, Rainbow Railroad, and WelcomeNST. With strong support from private philanthropists, the consortium will make funds available to qualifying PSOs to support their efforts. To complement the work of both PSOs and the consortium, the Department of Health and Human Services will continue to support U.S. states as they build infrastructure and outreach capacity to welcome and support new arrivals’ integration into their new communities.

How to Join the Welcome Corps

Groups of at least five individual American citizens or permanent resident adults will be able to apply to the Welcome Corps to privately sponsor the resettlement of refugees in the United States. Private sponsors will be responsible for independently raising funds and directly providing essential assistance to refugees for their first 90 days in their new community. This assistance includes helping refugees find housing and employment, enrolling children in school, and connecting refugees to essential services in the community. For more information on the Welcome Corps or to become a private sponsor, visit the Welcome Corps website.

https://www.state.gov/launch-of-the-welcome-corps-private-sponsorship-of-refugees-2/

Here is the official DOS site for prospective sponsors to register for this program:

https://welcomecorps.org/
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We often hear questions about DACA from our clients. Who is eligible to apply for DACA? What will happen if I have a DUI conviction? What will happen if I was accused of domestic violence against my partner and I have DACA? Can my application for renewal be denied?
Please see below a list of FAQs:

​ I. General Information for All Requestors
A. What Is Deferred Action for Childhood Arrivals?

As the Department of Homeland Security (DHS) continues to focus its enforcement resources on those who pose the greatest threat to homeland security, DHS will exercise prosecutorial discretion as appropriate to ensure that enforcement resources are not expended on individuals who do not fall into this category, such as individuals who came to the United States as children and meet other key guidelines. Individuals who demonstrate that they meet the guidelines below may request consideration of deferred action for childhood arrivals (DACA) for a period of 2 years, subject to renewal for a period of 2 years, and may be eligible for employment authorization.
USCIS may approve a request for DACA only if we determine, in our sole discretion, that you meet each of the following threshold criteria and merit a favorable exercise of discretion:

1. Were under the age of 31 as of June 15, 2012 (that is, you were born on or after June 16, 1981);
2. Came to the United States before reaching your 16th birthday;
3. Have continuously resided in the United States since June 15, 2007, up to the time of filing your request for DACA;
4. Were physically present in the United States on June 15, 2012, and at the time you filed your request for DACA with USCIS;
5. Had no lawful immigration status on June 15, 2012, and at the time you filed your request for DACA, meaning that:

• You never had a lawful immigration status on or before June 15, 2012*, or
• Any lawful immigration status or parole that you had before June 15, 2012, expired on or before June 15, 2012, and
• Any lawful status that you had after June 15, 2012, expired or otherwise terminated before you submitted your request for DACA;

1. Are currently enrolled in school, have graduated or obtained a certificate of completion from high school, have obtained a General Educational Development (GED) certificate, or are an honorably discharged veteran of the U.S. Coast Guard or armed forces of the United States; and
2. Have not been convicted of a felony, a misdemeanor described in 8 CFR 236.22(b)(6), or 3 or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

* Please review Q19 below if you are currently in a lawful immigration status.

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If you have a pending request, we have online self-help tools you can use to check your case status and processing times, change your address, and send an inquiry about a case pending longer than posted processing times or about non-delivery of a card or document.
Q1: What is deferred action?
A1: Deferred action is a discretionary determination to defer removal of an individual as an act of prosecutorial discretion. For purposes of future inadmissibility based on prior periods of unlawful presence in the United States, an individual is not considered to be unlawfully present during the period when deferred action is in effect. An individual who has received deferred action is authorized by DHS to be in the United States for the duration of the deferred action period.  Deferred action recipients are also considered to be lawfully present as described in 8 C.F.R. sec. 1.3(a)(4)(vi) for purposes of eligibility for certain public benefits (such as certain Social Security benefits) during the period of deferred action. However, deferred action does not confer lawful immigration status upon an individual, nor does it excuse any previous or subsequent periods of unlawful presence they may have.
Under 8 CFR 274a.12(c)(33), an individual who has been granted deferred action under 8 CFR 236.21 through 236.23, Deferred Action for Childhood Arrivals, may receive employment authorization for the period of deferred action, provided they can demonstrate “an economic necessity for employment.”
Under 8 CFR 236.23(d), USCIS may terminate a grant of DACA at any time, at the agency’s discretion.  Please see Q28 for more information.
Q2: What is DACA?
A2: On June 15, 2012, the secretary of homeland security announced that certain people who came to the United States as children and meet several key guidelines may request consideration of deferred action for a period of 2 years, subject to renewal, and, if approved, will then be eligible for work authorization if they can demonstrate economic necessity. On Aug. 30, 2022, DHS issued the Deferred Action for Childhood Arrivals (DACA) Final Rule to preserve and fortify the DACA policy. This rule, which puts into effect regulations at 8 CFR 236.21-236.25, rescinds and replaces the DACA guidance set forth in the 2012 Napolitano Memorandum. The final rule is effective as of Oct. 31, 2022.
Individuals who can demonstrate through verifiable documentation that they meet these guidelines will be considered for deferred action. We will make determinations on a case-by-case basis under the DACA final rule.
All guidance in these FAQs stems from the regulations at 8 CFR 236.21-236.25.
Q3: I currently have DACA. How does the DACA Final Rule impact me?
A3: If you are a current DACA recipient, your grant of deferred action and related work authorization, as well as any DACA advance parole document issued, will remain in effect and will expire according to their existing terms. Any requests for renewals of those grants are now governed by the regulations at 8 CFR 236.21-236.25 and not the 2012 Napolitano Memorandum.
Q4: Is there any difference between “deferred action” and DACA under 8 CFR 236.21-236.25?
A4: DACA is a form of deferred action. The relief an individual receives with a grant of DACA under 8 CFR 236.21-236.25 is identical for immigration purposes to the relief obtained by any person who receives deferred action as an act of prosecutorial discretion.
Q5: If my removal is deferred under the DACA final rule, am I eligible for employment authorization?
A5: Yes. Under the regulations at 8 CFR 274a.12(c)(33) , if you receive DACA under the DACA final rule, you may obtain employment authorization from USCIS provided you can demonstrate an economic necessity for employment.
Q6: If my case is deferred, am I in lawful status for the period of deferral?
A6: No. Although action on your case has been deferred and you do not accrue unlawful presence (for admissibility purposes) during the period of deferred action, deferred action does not confer any lawful immigration status.
The fact that you are not accruing unlawful presence does not change that you are in unlawful status while you remain in the United States. However, although deferred action does not confer a lawful immigration status, you may stay in the United States while your deferred action is in effect.  For admissibility purposes, you will not accrue “unlawful presence” while you have deferred action.  You are also considered to be “lawfully present” in the United States while you have deferred action for purposes of certain public benefits (such as certain Social Security benefits) as described in 8 C.F.R. sec. 1.3(a)(4)(vi). Federal law does not prevent individuals granted deferred action from establishing domicile in the United States.
Apart from the immigration laws, “lawful presence,” “lawful status” and similar terms are used in various other federal and state laws. For information on how those laws affect individuals who receive a favorable exercise of prosecutorial discretion under DACA, please contact the appropriate federal, state, or local authorities.
Note: It is a federal crime for a noncitizen who is “illegally or unlawfully in the United States,” among others, to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition, or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.  See 18 U.S. 922(g)(5)(A). This prohibition applies to DACA recipients.
Q7: Can I renew my period of deferred action and employment authorization under DACA?
A7: Yes. You may request consideration for a renewal of your DACA. We will consider your request for a renewal on a case-by-case basis under 8 CFR 236.22-23. If USCIS renews its exercise of discretion under DACA for your case, you will receive deferred action for another 2 years, and if you demonstrate an economic necessity for employment, you may receive employment authorization for that period.
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B. DACA Process
Q8: How do I request consideration of DACA?
A8: To request consideration of DACA (either as an initial request or to request renewal), you must submit Form I-821D, Consideration of Deferred Action for Childhood Arrivals, to USCIS. Please visit the Form I-821D webpage before you begin the process to make sure you are using the most current version of the form available. You must complete this form, sign the form, and include the required filing fee of $85. With Form I-821D you must also submit Form I-765, Application for Employment Authorization, the required Form I-765 filing fee, and Form I-765WS, Worksheet (PDF, 243.14 KB), establishing your economic need for employment. If you fail to submit a completed Form I-765 (along with the worksheet and accompanying filing fees for that form, please see the Form I-821D page for more information), we will not consider your request for deferred action. Please read the form instructions to ensure you answer the appropriate questions (determined by whether you are submitting an initial or renewal request) and that you submit all the required documentation to support your initial request.

If you are making an initial DACA request, you must file your request for consideration of DACA at the USCIS Lockbox. You can find the mailing address and instructions on the Form I-821D webpage. After we receive your Form I-821D, Form I-765, and Form I-765 Worksheet, we will review them for completeness, including submission of the required fee, initial evidence and supporting documents (for initial filings). Pursuant to current court orders, USCIS is accepting initial DACA requests but cannot adjudicate them at this time. If you are submitting a renewal DACA request, you may file your request at the USCIS Lockbox or online.
Instructions for Online Filing (DACA Renewal Requests Only)
DACA recipients may submit a DACA renewal request online. To file Form I-821D and Form I-765 online, you must first create a USCIS online account, which provides a convenient and secure method to submit Form I-821D, Form I-765 and Form I-765WS, pay fees, and track the status of any pending USCIS immigration request throughout the adjudication process. There is no cost to create an account, which offers a variety of features, including the ability to communicate with USCIS through a secure inbox and respond online to Requests for Evidence. For additional information on filing a DACA renewal request online, see the Form I-821D webpage.  To be considered for DACA, you must submit Form I-821D, Form I-765, and Form I-765WS with your online DACA renewal requests.
After You Submit Your Request
If we determine your request is complete, we will send you a receipt notice. If you need to visit an Application Support Center (ASC) for biometric services, we will send you an appointment notice. Please make sure you read and follow the instructions in the notice. If you fail to attend your biometrics appointment, it may take longer for us to process your request for consideration of deferred action, or we may deny your request. You may also choose to receive an email or text message or both notifying you that we have accepted your form by completing a Form G-1145, E-Notification of Application/Petition Acceptance.
We will review each request for consideration of DACA on an individual, case-by-case basis. We may request more information or evidence from you, or ask you to appear at a USCIS office. We will notify you of our determination in writing.
Note: All individuals who believe they meet the guidelines, including those in removal proceedings, with a final removal order, or with a voluntary departure order, may affirmatively request consideration of DACA from USCIS through this process. If you are currently in immigration detention and believe you meet the guidelines, you may request consideration of deferred action from USCIS, but we will not approve the request until you are released from detention. If you are requesting DACA, you should tell your deportation officer or follow directions at the U.S. Immigration and Customs Enforcement (ICE) DACA webpage, which also has more information.
Q9: Can I obtain a fee waiver or fee exemption for this process?
A9: There are no fee waivers available for DACA requests or employment authorization applications connected to DACA. There are very limited fee exemptions available for Form I-821D and related Form I-765s. You must file a request for a fee exemption, and we must approve your request, before you file your Form I-821D and Form I-765 without fees. To be considered for a fee exemption, you must submit a letter and supporting documentation to USCIS demonstrating that you meet 1 of the following conditions:

• You cannot care for yourself because you suffer from a serious, chronic disability and your income is less than 150 percent of the U.S. poverty level; or
• You have, at the time of the request, accumulated $10,000 or more in debt in the past 12 months as a result of unreimbursed medical expenses for yourself or an immediate family member, and your income is less than 150 percent of the U.S. poverty level; or
• You are under 18 years of age, your income is less than 150% of the U.S. poverty level, and you are:
  • homeless, or
  • in foster care, or
  • otherwise lacking any parental or other familial support.

You can find additional information on our Fee Exemption Guidance webpage. Your fee exemption request must be submitted and decided before you submit a Form I-821D and related Form I-765 without fees. You must provide evidence that you meet any of the above conditions when you make the request. For evidence, we will accept:

• Affidavits from community-based or religious organizations establishing that you are homeless or lack parental or other familial financial support;
• Copies of tax returns, bank statement, pay stubs, or other reliable evidence of income level. Evidence can also include an affidavit from you or a responsible third party attesting that you do not file tax returns, have no bank accounts, or have no income to prove income level; and
• Copies of medical records, insurance records, bank statements, or other reliable evidence of unreimbursed medical expenses of at least $10,000.

We will address factual questions through Requests for Evidence (RFEs).
Q10: If individuals meet the guidelines for consideration of DACA and are encountered by U.S. Customs and Border Protection (CBP) or ICE, will they be placed into removal proceedings?
A10: Under the direction of the Secretary of Homeland Security, if an individual meets the guidelines for DACA, CBP or ICE should exercise their discretion on a case-by-case basis to prevent qualifying individuals from being apprehended, placed into removal proceedings, or removed. If individuals believe that, in light of this policy, they should not have been apprehended or placed into removal proceedings, contact your case officer or the ICE Detention Reporting and Information Line at 1-888-351-4024 (staffed 8 a.m. – 8 p.m., Monday – Friday); or email [email protected]
Q11: Does this process apply to me if I am currently in removal proceedings, have a final removal order, or have a voluntary departure order?
A11: This process is open to any individual who can demonstrate they meet the guidelines for DACA consideration under 8 CFR 236.21 – 236.25, including those who have never been in removal proceedings as well as those in removal proceedings, with a final order of removal, or with a voluntary departure order.
Q12: If I am not in removal proceedings but believe I meet the guidelines for consideration of DACA, should I seek to place myself into removal proceedings through encounters with CBP or ICE?
A12: No. If you are not in removal proceedings but believe that you meet the guidelines for DACA consideration under 8 CFR 236.21 – 236.25, you should submit your DACA request to USCIS under the process outlined below and at 8 CFR 236.23.
Q13: Can I request consideration of DACA from USCIS if I am in immigration detention under the custody of ICE?
A13: Yes. If you are currently in immigration detention, you may request consideration of DACA from USCIS. However, if we decide to grant you DACA, we will not approve your DACA request until you are released from detention. If you are requesting DACA, you should tell your deportation officer.
Q14: If I am about to be removed by ICE and believe that I meet the guidelines for consideration of DACA, what should I do to seek review of my case before removal?
A14: If you believe you can demonstrate that you meet the guidelines and are about to be removed, you should immediately contact your case officer or the ICE Detention Reporting and Information Line at 1-888-351-4024 (staffed 8 a.m. – 8 p.m. Eastern, Monday – Friday) or email [email protected].
Q15: What should I do if I meet the guidelines of this process and have been issued an ICE detainer following an arrest by a state or local law enforcement officer?
A15: If you meet the guidelines and have been served a detainer, you should immediately contact the ICE Detention Reporting and Information Line at 1-888-351-4024 (staffed 8 a.m. – 8 p.m. Eastern, Monday–Friday); or email [email protected]
Q16: If I accepted an offer of administrative closure under the case-by-case review process or my case was terminated or dismissed as part of the case-by-case review process, can I be considered for deferred action under this process?
A16: Yes. If you can demonstrate that you meet the guidelines, you will be able to request consideration of DACA even if you have accepted an offer of administrative closure or termination under the case-by-case review process.
Q17: If I declined an offer of administrative closure under the case-by-case review process, can I be considered for deferred action under this process?
A17: Yes. If you can demonstrate that you meet the guidelines, you will be able to request consideration of DACA even if you declined an offer of administrative closure under the case-by-case review process.
Q18: If my case was reviewed as part of the case-by-case review process but I was not offered administrative closure, can I be considered for deferred action under this process?
A18: Yes. If you can demonstrate that you meet the guidelines, you will be able to request consideration of DACA even if you were not offered administrative closure following review of your case as part of the case-by-case review process.
Q19: Can I request consideration of DACA under this process if I am in a nonimmigrant status (for example F-1, E-2, H-4) or have Temporary Protected Status (TPS) at the time I submit my request?
A19: No. You can only request consideration of DACA under this process if, at the time of submitting your request and at the time of adjudication of your request, you have no immigration status and were not in any lawful status on June 15, 2012. However, a pending petition or application for nonimmigrant status does not prevent you from requesting DACA, if you otherwise meet the threshold criteria at 8 CFR 236.22.
Q20: Will the information I share in my request for consideration of DACA be used for immigration enforcement purposes?
A20: Under 8 CFR 236.23(e)(1), DHS will not use information about a requestor in a request for DACA to initiate immigration enforcement proceedings against that requestor, unless DHS is initiating immigration enforcement proceedings  due to a criminal offense, fraud, a threat to national security, or public safety concerns. Individuals whose cases are deferred under DACA will not be referred to ICE. The information may be shared with national security and law enforcement agencies, including ICE and CBP, for purposes other than removal, including for assistance in the consideration of DACA, to identify or prevent fraudulent claims, for national security purposes, or to investigate or prosecute a criminal offense.
Q21: If my case is referred to ICE for immigration enforcement purposes or if I receive a Notice to Appear, will ICE receive information about my family members and guardians for immigration enforcement purposes?
A21: Under 8 CFR § 236.23(e)(2), information contained in your DACA request related to your family members or guardians will not be used for immigration enforcement purposes against them. However, we may share this information with national security and law enforcement agencies, including ICE and CBP, for purposes other than removal, including for assistance in the consideration of DACA, to identify or prevent fraudulent claims, for national security purposes, or for the investigation or prosecution of a criminal offense.
Q22: Will USCIS verify documents or statements I provide to support my request for DACA?
A22: We have the authority to verify documents, facts, and statements provided to support requests for DACA. We may contact education institutions, other government agencies, employers, or other entities to verify information.
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C. Background Checks

Q23: Will USCIS conduct a background check when you review my request for DACA?
A23: Yes. You must undergo biographic and biometric background checks before we will consider your DACA request.
Q24: What do background checks involve?
A24: Background checks involve checking biographic and biometric information provided by an individual against a variety of databases maintained by DHS and other federal government agencies.
Q25: What steps will USCIS and ICE take if I engage in fraud through the new process?
A25: If you knowingly misrepresent information, or knowingly fail to disclose facts, in an effort to obtain DACA or work authorization through this process, DHS will treat you as an immigration enforcement priority to the fullest extent permitted by law, and you will be subject to criminal prosecution or removal from the United States or both.
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D. After USCIS Makes a DecisionQ26: Can I appeal USCIS’ determination?
A26: No. You cannot file a motion to reopen or reconsider and cannot administratively appeal the decision if we deny your DACA request.
You may request a review of your Form I-821D denial by contacting the USCIS Contact Center at 800-375-5283 Monday to Friday, 8 a.m. to 8 p.m. Eastern. For people who are deaf, hard of hearing or have a speech disability: TTY 800-767-1833. USCIS will not review its discretionary determination to deny your request for DACA.  However, you can have a Service Request created if you believe that you actually met all of the DACA guidelines and that your request was denied because USCIS:

• Denied the request based on abandonment, when you actually responded to an RFE or Notice of Intent to Deny (NOID) within the prescribed time;
• Mailed the RFE or NOID to the wrong address although you had changed your address, either online at How to Change Your Address or with a customer service representative on the phone and submitted a Form AR-11, Change of Address, before USCIS issued the RFE or NOID.
  • To ensure the address is updated on a pending case as quickly as possible, we recommend that customers change your address online.  Please note that only an online change of address or a Form AR-11 submission will satisfy the legal requirements to notify us of an address change. Therefore, if you called a customer service representative to change your address, please be sure you also change your address online or with a Form AR-11.
• Denied the request on the grounds that you did not come to the United States before your 16th birthday, but the evidence submitted at the time of filing shows that you did arrive before reaching that age.
• Denied the request on the grounds that you were under age 15 at the time of filing but not in removal proceedings, while the evidence submitted at the time of filing show that you indeed were in removal proceedings when the request was filed;
• Denied the request on the grounds that you were 31 or older as of June 15, 2012, but the evidence submitted at the time of filing shows that you were under the age of 31 as of June 15, 2012;
• Denied the request on the grounds that you had lawful status on June 15, 2012, but the evidence submitted at the time of filing shows that you indeed were in an unlawful immigration status on that date;
• Denied the request on the grounds that you were not physically present in the United States on June 15, 2012, and up through the date of filing, but the evidence submitted at the time of filing shows that you were, in fact, present;
• Denied on the grounds that you are not currently in school, have not graduated or obtained a certificate of completion from high school, have not obtained a GED certificate, and are not an honorably discharged veteran of the U.S. Coast Guard or armed forces of the United States;
• Denied the request due to your failure to appear at a USCIS ASC where we may collect your biometrics, when you in fact either did appear at a USCIS ASC to have this done or requested before the scheduled date of your biometrics appointment to have the appointment rescheduled; or
• Denied the request because you did not pay the filing fees for Form I-821D or Form I-765, when you actually did pay these fees.

Q27: If USCIS does not exercise deferred action in my case, will I be placed in removal proceedings?
A27: If USCIS denies your request for DACA under 8 CFR 236.23, we will not issue a Notice to Appear or refer your case to ICE for possible enforcement action based on our denial, unless we determine that your case involves denial for a criminal offense, fraud, a threat to national security, or public safety concerns. We may consider factors including, but not limited to, whether a misrepresentation is willful, material, and knowing in determining whether fraud is involved in a case.
Q28: Can USCIS terminate my DACA before it expires?
A28: Yes. DACA is an exercise of prosecutorial discretion, and under 8 CFR 236.23(d), we may terminate a grant of DACA at any time,  at USCIS’ discretion. We will provide a Notice of Intent to Terminate (NOIT) and an opportunity to respond before terminating a DACA grant, except we may terminate a grant of DACA without an NOIT and an opportunity to respond if you are convicted of a national security-related offense involving conduct described in 8 U.S.C. 1182(a)(3)(B)(iii), (iv), or 1227(a)(4)(A)(i)), or an egregious public safety offense. If we terminate your grant of DACA without an NOIT and an opportunity to respond, we will notify you of the termination.
Q29: What happens to my employment authorization if USCIS terminates my DACA before it expires?
A29: A grant of employment authorization based on DACA, under 8 CFR 274a.12(c)(33), will automatically terminate when DACA terminates. See 8 CFR 236.23(d)(3).
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II. Initial Requests for DACAQ

30: What guidelines must I meet to be considered for DACA?
A30: Pursuant to current court orders, USCIS is accepting, but not adjudicating, initial requests for DACA. Under 8 CFR 236.22, to be considered for DACA you must submit evidence, including supporting documents, showing that you:

1. Were under the age of 31 as of June 15, 2012 (that is, you were born on or after June 16, 1981);
2. Came to the United States before reaching your 16th birthday;
3. Have continuously resided in the United States since June 15, 2007, up until you filed your request for DACA;
4. Were physically present in the United States on June 15, 2012, and when you filed your request for DACA with USCIS;
5. Had no lawful immigration status on June 15, 2012,* and when you filed your request for DACA, meaning that:

• You never had a lawful immigration status on or before June 15, 2012, or
• Any lawful immigration status or parole that you had before June 15, 2012, expired as of June 15, 2012, and
• Any lawful status that you had after June 15, 2012, expired or otherwise terminated before you submitted your request for DACA;

1. Are currently enrolled in school, have graduated or obtained a certificate of completion from high school, have obtained a GED certificate, or are an honorably discharged veteran of the U.S. Coast Guard or armed forces of the United States; and
2. Have not been convicted of a felony, a misdemeanor described in 8 CFR 236.22(b)(6), or 3 or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

We consider on a case-by-case basis deferred action requests submitted under 8 CFR 236.21-236.25. Even if you meet the threshold criteria listed above and at 8 CFR 236.22(b), we retain the discretion to assess your circumstances and determine that any specific factor makes deferred action inappropriate. See 8 CFR 236.22(c).
* Please review Q19 if you are currently in a lawful immigration status.
Q31: I first came to the United States before I turned 16 years old, and I have been continuously residing in the United States since at least June 15, 2007. Before I turned 16 years old, however, I left the United States for some period of time before returning and beginning my current period of continuous residence. May I be considered for deferred action under 8 CFR 236.21-236.25?
A31: Yes, but only if you established residence in the United States during the period before you turned 16 years old, as evidenced, for example, by records showing you attended school or worked in the United States during that time, or that you lived in the United States for multiple years during that time. In addition to establishing that you initially resided in the United States before you turned 16 years old, you must also have maintained continuous residence in the United States from June 15, 2007, until the present time to be considered for deferred action under this process. See 8 CFR 236.22(b)(1)-(2).
Q32: To prove my continuous residence in the United States since June 15, 2007, must I provide evidence documenting my presence for every day, or every month, of that period?
A32: To meet the continuous residence guideline under 8 CFR 236.22(b)(2), you must submit documentation that shows you have been living in the United States from June 15, 2007, up until the time of filing your request. You should provide documentation to account for as much of the period as reasonably possible, but there is no requirement that every day or month of that period be specifically accounted for through direct evidence.
It is helpful to USCIS if you can submit evidence of your residence during at least each year of the period. USCIS will review the documentation in its totality to determine whether it is more likely than not that you were continuously residing in the United States for the period since June 15, 2007. Gaps in the documentation for certain periods may raise doubts about your continued residence if they are lengthy or the record otherwise indicates that you may have been outside the United States for a period of time that was not brief, casual or innocent.
If gaps in your documentation raise questions, USCIS may issue a Request for Evidence to allow you to submit additional documentation that supports your claimed continuous residence.
You may submit affidavits to explain a gap in the documentation demonstrating that you meet the 5-year continuous residence requirement. If you submit affidavits related to the continuous residence requirement, you must submit 2 or more affidavits, sworn to or affirmed by people other than yourself who have direct personal knowledge of the events and circumstances during the period when there is a gap in the documentation. You may only use affidavits to explain gaps in your continuous residence; you cannot use them as evidence that you meet the entire 5-year continuous residence requirement.
Q33: I came to the United States when I was very young and before I began attending school, so I do not have primary evidence of the start of my continuous residence in the United States. Can I submit an affidavit as proof of the start of my continuous residence period?
A33: DHS will accept affidavits for the start of the continuous residence period if you are a new initial requestor who arrived in the United States at or before age 8. We recognize that age 8 is the highest age at which school attendance becomes required within the United States, and that it may be more challenging for individuals who arrived before that age to provide primary evidence of the start of their continuous residence period.
Q34: Does “currently enrolled in school” refer to the date when I file the request for consideration of deferred action?
A34: To be considered “currently enrolled in school” under 8 CFR 236.22(b)(5), you must be enrolled in school on the date you submit a DACA request.
Q35: Who is considered to be “currently enrolled in school” under 8 CFR 236.22(b)(5)?
A35: To be considered “currently enrolled in school” under 8 CFR 236.22(b)(5), you must be enrolled in:

• A public, private, or charter elementary school, junior high or middle school, high school, secondary school, alternative program, or homeschool program that meets state requirements;
• An education, literacy, or career training program (including vocational training) that has a purpose of improving literacy, mathematics, or English or is designed to lead to placement in postsecondary education, job training, or employment and where you are working toward such placement; or
• An education program helping students obtain a regular high school diploma or its recognized equivalent under state law (including a certificate of completion, certificate of attendance, or alternate award), or in passing a GED exam or other state-authorized exam (such as HiSet or TASC) in the United States.

Education, literacy, and career training programs (including vocational training), or education programs helping students obtain a regular high school diploma or its recognized equivalent under state law, or in passing a GED exam or other state-authorized exam in the United States, may include, but are not limited to, programs wholly or partially funded by federal, state, county or municipal grants or administered by nonprofit organizations. Programs funded by other sources may qualify if they have demonstrated effectiveness.
In assessing whether programs are of demonstrated effectiveness, USCIS will consider:

• The duration of the program’s existence;
• The program’s track record in:
  • Assisting students in obtaining a regular high school diploma or its recognized equivalent;
  • Passing a GED or other state-authorized exam (such as HiSet or TASC); or
  • Placing students in postsecondary education, job training, or employment; and
• Other indicators of the program’s overall quality.

If you seek to demonstrate that you are “currently enrolled in school” with your enrollment in such a program, you must show the program’s demonstrated effectiveness.
Q36: How do I establish that I am currently enrolled in school?
A36: Documentation demonstrating that you are currently enrolled in school may include, but is not limited to:

• Evidence that you are enrolled in a public, private, or charter elementary school, junior high or middle school, high school or secondary school, alternative program, or homeschool program that meets state requirements; or
• Evidence that you are enrolled in an education, literacy, or career training program (including vocational training) that:
  • Has a purpose of improving literacy, mathematics, or English, or is designed to lead to placement in postsecondary education, job training, or employment and where you are working toward such placement; and
  • Is wholly or partially funded by federal, state, county or municipal grants or administered by nonprofit organizations or, if funded by other sources, is of demonstrated effectiveness; or
• Evidence that you are enrolled in an education program assisting students in obtaining a high school equivalency diploma or certificate recognized under state law (such as by passing a GED exam or other state-authorized exam such as HiSet or TASC), and that the program is wholly or partially funded by federal, state, county or municipal grants or administered by nonprofit organizations or, if funded by other sources, is of demonstrated effectiveness.

Evidence of enrollment may include acceptance letters, school registration cards, letters from a school or program, transcripts, report cards, or progress reports that may show the name of the school or program, date of enrollment, and current educational or grade level, if relevant. See Chart #1, below, for examples of documents.

Q37: What documentation may be sufficient to demonstrate that I have graduated or obtained a certificate of completion from high school?
A37: See Chart #1, below, for examples of documents. Documentation demonstrating that you have graduated or obtained a certificate of completion from high school for purposes of 8 CFR 236.22(b)(5) may include, but is not limited to:

• A high school diploma from a public or private high school or secondary school; or
• A certificate of completion, a certificate of attendance, or an alternate award from a public or private high school or secondary school or a recognized equivalent of a high school diploma under state law, or a GED certificate or certificate from passing another such state authorized exam (e.g., HiSet or TASC) in the United States.

Q38: What documentation may be sufficient to demonstrate that I have obtained a GED certificate or certificate from passing a similar state-authorized exam (such as HiSet or TASC)?
A38: See Chart #1, below, for examples of documents. Documentation demonstrating that you have obtained a GED certificate or certificate from passing a similar state-authorized exam for purposes of 8 CFR 236.22(b)(5) may include, but is not limited to, evidence that you have passed a GED exam or other state-authorized exam (such as HiSet or TASC) and received the recognized equivalent of a regular high school diploma under state law.
Q39: If I am enrolled in a literacy or career training program, can I meet the guidelines at 8 CFR 236.22(b)(5)?
A39: Yes, in certain circumstances. You may be able to establish that you meet the education guidelines at 8 CFR 236.22(b)(5) if you are enrolled in an education, literacy, or career training program that has a purpose of improving literacy, mathematics, or English or is designed to lead to placement in postsecondary education, job training, or employment and where you are working toward such placement. Such programs include, but are not limited to, programs wholly or partially funded by federal, state, county or municipal grants or administered by nonprofit organizations, or if funded by other sources, are programs of demonstrated effectiveness.
Q40: If I am enrolled in an English as a second language (ESL) program, can I meet the guidelines?
A40: Yes, in certain circumstances. You may be able to establish that you meet the education criteria at 8 CFR 236.22(b)(5) through enrollment in an ESL program if the ESL program is wholly or partially funded by federal, state, county or municipal grants or administered by nonprofit organizations, or is a program of demonstrated effectiveness. You must submit direct documentary evidence that the program is wholly or partially funded by federal, state, county or municipal grants, administered by a nonprofit organization, or of demonstrated effectiveness.
Q41: Will USCIS consider evidence other than that listed in Chart #1 to show that I have met the education guidelines at 8 CFR 236.22(b)(5)?
A41: No. We will not accept evidence that is not listed in Chart #1 to establish that you are currently enrolled in school, have graduated or obtained a certificate of completion from high school, or have obtained a GED or passed another state-authorized exam (such as HiSet or TASC) for purposes of 8 CFR 236.22(b)(5). You must submit any of the documentary evidence listed in Chart #1 to show that you meet the education guidelines at 8 CFR 236.22(b)(5).
Q42: Will USCIS consider evidence other than that listed in Chart #1 to show that I have met certain threshold criteria at 8 CFR 236.22(b)?
A42: You may use evidence other than those documents listed in Chart #1 to establish that you meet the following guidelines and factual showings, if available documentary evidence is insufficient or lacking and shows that:

• You were physically present in the United States on June 15, 2012;
• You came to the United States before reaching your 16th birthday;
• You satisfy the continuous residence requirement, as long as you present direct evidence of your continued residence in the United States for a portion of the required period and the circumstantial evidence is used only to fill in gaps in the length of continuous residence demonstrated by the direct evidence; and
• Any travel outside the United States during the period of required continuous presence was brief, casual, and innocent.

However, USCIS will not accept evidence other than the documents listed in Chart #1 as proof that you meet any of the following guidelines:

• You were under the age of 31 on June 15, 2012 (that is, you were born on or after June 16, 1981); and
• You are currently enrolled in school, have graduated or obtained a certificate of completion from high school, have obtained a GED certificate, or are an honorably discharged veteran of the Coast Guard or armed forces of the United States.

For example, even if you do not have documentary proof of your presence in the United States on June 15, 2012, you may still be able to demonstrate that you meet the guideline. You may do so by submitting credible documentary evidence that you were present in the United States shortly before and shortly after June 15, 2012, which may be enough to infer you were present June 15, 2012, as well. However, we will not accept evidence other than that listed in Chart #1 to establish that you have graduated high school. You must submit the designated documentary evidence to satisfy that you meet this guideline.
Chart #1 provides examples of documentation you may submit to demonstrate you meet the threshold criteria for DACA under 8 CFR 236.21-236.25. Please see the instructions for Form I-821D, Consideration of Deferred Action for Childhood Arrivals, for additional details of acceptable documentation.
Chart #1 Examples of Documents to Submit to Demonstrate You Meet the Guidelines
Proof of identity

• Passport or national identity document from your country of origin
• Birth certificate with photo identification
• School or military ID with photo
• Any U.S. government immigration or other document bearing your name and photo

Proof you came to U.S. before your 16th birthday

• Passport with admission stamp
• Form I-94, Form I-95, or Form I-94W
• School records from the U.S. schools you have attended
• Any Immigration and Naturalization Service or DHS document stating your date of entry (Form I-862, Notice to Appear)
• Travel records
• Hospital or medical records
• Rent receipts or utility bills
• Employment records (pay stubs, W-2 Forms, etc.)
• Official records from a religious entity confirming participation in a religious ceremony
• Copies of money order receipts for money sent in or out of the United States
• Birth certificates of children born in the United States
• Dated bank transactions
• Automobile license receipts or registration
• Deeds, mortgages, rental agreement contracts
• Tax receipts, insurance policies

Proof of lack of lawful immigration status on June 15, 2012, and at the time of filing your DACA request (8 CFR 236.22(b)(4))

• Form I-94/I-95/I-94W with authorized stay expiration date
• Final order of exclusion, deportation, or removal issued as of June 15, 2012
• A charging document placing you into removal proceedings

Proof of physical presence in the United States on June 15, 2012, and at the time of filing your DACA request (8 CFR 236.22(b)(3))

• Rent receipts or utility bills
• Employment records (pay stubs, W-2 Forms, etc.)
• School records (letters, report cards, etc.)
• Military records (Form DD-214 or NGB Form 22)
• Official records from a religious entity confirming participation in a religious ceremony
• Copies of money order receipts for money sent in or out of the United States
• Passport entries
• Birth certificates of children born in the United States
• Dated bank transactions
• Automobile license receipts or registration
• Deeds, mortgages, rental agreement contracts
• Tax receipts, insurance policies
• Affidavits for the start of the continuous presence period if you arrived in the United States before age 8

Proof you continuously resided in the United States from June 15, 2007, to the time of filing your DACA request (8 CFR 236.22(b)(2))
Proof of your education status at the time of requesting consideration of DACA (8 CFR 236.22(b)(5))

• School records (transcripts, report cards, etc.) from the school that you are currently attending in the United States showing the name(s) of the school(s) and periods of school attendance and the current educational or grade level
• U.S. high school diploma, certificate of completion, or other alternate award
• High school equivalency diploma or certificate recognized under state law
• Evidence that you passed a state-authorized exam, including the GED or other state-authorized exam (such as HiSet or TASC) in the United States

Proof you are an honorably discharged veteran of the U.S. armed forces or the U.S. Coast Guard (8 CFR 236.22(b)(5))

• Form DD-214, Certificate of Release or Discharge from Active Duty
• NGB Form 22, National Guard Report of Separation and Record of Service
• Military personnel records
• Military health records

Q43: May I file affidavits as proof that I meet the threshold criteria for consideration of DACA at 8 CFR 236.22(b)?
A43: Affidavits generally will not be sufficient on their own to demonstrate that you meet the threshold criteria at 8 CFR 236.22(b) for USCIS to consider you for DACA. However, you may use affidavits to support meeting the following guidelines if the documentary evidence available to you is insufficient or lacking:

• Demonstrating that you meet the 5-year continuous residence requirement;
• Establishing the start of the continuous residence period if you entered the United States before age 8; and
• Establishing that departures during the required period of continuous residence were brief, casual, and innocent.

If you submit affidavits related to the above criteria, you must submit 2 or more affidavits, sworn to or affirmed by people other than yourself, who have direct personal knowledge of the events and circumstances. If we determine that the affidavits are insufficient to overcome the unavailability or lack of documentary evidence with respect to either of these guidelines, we will issue a Request for Evidence, indicating you must submit further evidence to demonstrate that you meet these guidelines.

USCIS will not accept affidavits to satisfy the following guidelines at 8 CFR 236.22(b):

• You are currently enrolled in school, have graduated or obtained a certificate of completion or other alternate award from high school, have obtained a high school equivalency diploma or certificate (such as by passing the GED exam or other similar state-authorized exam such as HiSet or TASC), or are an honorably discharged veteran from the U.S. Coast Guard or armed forces of the United States;
• You were physically present in the United States on June 15, 2012;
• You came to the United States before reaching your 16th birthday;
• You were under the age of 31 on June 15, 2012 (that is, you were born on or after June 16, 1981); and
• Your lack of disqualifying criminal history.

If the only evidence you submit to demonstrate you meet any of the above guidelines is an affidavit, we will issue a Request for Evidence, indicating that you have not demonstrated that you meet these guidelines and that you must submit evidence to demonstrate that you meet that guideline.
Q44: Can I be considered for deferred action under this process if I had an application for asylum or cancellation of removal pending before either USCIS or the Executive Office for Immigration Review (EOIR) on June 15, 2012?
A44: Yes. If you had an application for asylum or cancellation of removal, or similar relief, pending before either USCIS or EOIR as of June 15, 2012, but had no lawful status, you may request consideration of DACA.
Q45: I was admitted for "duration of status" or for a period of time that extended past June 14, 2012, but I violated my immigration status (for example, by engaging in unauthorized employment, failing to report to my employer, or failing to pursue a full course of study) before June 15, 2012. May I be considered for deferred action under 8 CFR 236.21-236.25?
A45: No, unless the Executive Office for Immigration Review terminated your status by issuing a final order of removal against you before June 15, 2012.
Q46: I was admitted for "duration of status" or for a period of time that extended past June 14, 2012, but I "aged out" of my dependent nonimmigrant status as of June 15, 2012.  May I be considered for deferred action under 8 CFR 236.21-236.25?
A46: Yes. For purposes of satisfying the “had no lawful status on June 15, 2012," guideline at 8 CFR 236.22(b)(4) alone, if you were admitted for duration of status or for a period of time that extended past June 14, 2012, but aged out of your dependent nonimmigrant status on or before June 15, 2012, (meaning you turned 21 years old on or before June 15, 2012), you may be considered for deferred action under 8 CFR 236.21-236.25.
Q47: I was admitted for duration of status, but my status in the Student and Exchange Visitor Information System (SEVIS) is listed as terminated on or before June 15, 2012. May I be considered for deferred action under 8 CFR 236.21-236.25?
A47: Yes. For the purposes of satisfying the “had no lawful status on June 15, 2012,” guideline at 8 CFR 236.22(b)(4) alone, if your status as of June 15, 2012, is listed as “terminated” in SEVIS, you may be considered for DACA under 8 CFR 236.21-236.25.
Q48: I am a Canadian citizen who was inspected by CBP but was not issued a Form I-94 at the time of admission. May I be considered for deferred action under 8 CFR 236.21-236.25?
A48: In general, a Canadian citizen who was admitted as a visitor for business or pleasure and not issued a Form I-94, Arrival/Departure Record (also known as a “non-controlled” Canadian nonimmigrant) is lawfully admitted for a period of 6 months. For that reason, unless there is evidence, including verifiable evidence provided by the individual, that they were specifically advised that their admission would be for a different length of time, DHS will consider, for purposes of 8 CFR 236.21-236.25 only, that the noncitizen was lawfully admitted for a period of 6 months. If DHS is able to verify from its records that your last noncontrolled entry occurred on or before Dec. 14, 2011, DHS will consider your nonimmigrant visitor status to have expired as of June 15, 2012, and you may be considered for deferred action under 8 CFR 236.21-236.25.
Q49: I used my Border Crossing Card (BCC) to obtain admission to the United States and was not issued a Form I-94 at the time of admission. May I be considered for deferred action under 8 CFR 236.21-236.25?
A49: Because the limitations on entry for a BCC holder vary based on location of admission and travel, DHS will assume that the BCC holder who was not provided a Form I-94 was admitted for the longest period legally possible—30 days—unless the individual can demonstrate, through verifiable evidence, that they were specifically advised that their admission would be for a different length of time. Accordingly, if DHS is able to verify from its records that your last admission was using a BCC, you were not issued a Form I-94 at the time of admission, and it occurred on or before May 14, 2012, DHS will consider your nonimmigrant visitor status to have expired as of June 15, 2012, and you may be considered for deferred action under 8 CFR 236.21-236.25.
Q50: Do I accrue unlawful presence if I have a pending initial request for consideration of DACA?
A50: You will continue to accrue unlawful presence while the request for consideration of DACA is pending unless you are under 18 years of age at the time of the request. If you are under 18 years of age at the time you submit your request, you will not accrue unlawful presence while the request is pending, even if you turn 18 while your request is pending with USCIS. If we grant your DACA request, you will not accrue unlawful presence during the period of deferred action. However, having deferred action will not excuse previously accrued unlawful presence.
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III. Renewal of DACAQ51: When should I file my DACA renewal request?
A51: We strongly encourage you to submit your DACA renewal request between 120 and 150 days (4 to 5 months) before the expiration date located on your current Form I-797 DACA approval notice and EAD. Filing during this window reduces the risk that your current period of DACA will expire before you receive a decision on your renewal request. Filing earlier than 150 days before your current DACA expiration date will not result in a faster decision.
DACA recipients may submit a DACA renewal request online. To file Form I-821D and Form I-765 online, a DACA requestor must first create a USCIS online account, which provides a convenient and secure method to submit forms, pay fees and track the status of any pending USCIS immigration request throughout the adjudication process. There is no cost to set up an account, which offers a variety of features, including the ability to communicate with USCIS through a secure inbox and respond online to Requests for Evidence. For additional information on filing a DACA renewal request online, go to the Form I-821D webpage. All online DACA renewal requests must include Form I-821D, Form I-765, and Form I-765WS and accompanying fees.

• USCIS’ current goal is to process DACA renewal requests within 120 days. You may submit an inquiry online about the status of your renewal request after it has been pending more than 105 days. Please Note: Factors that may affect the timely processing of your DACA renewal request include, but are not limited to:
  • If you fail to appear at an ASC for a scheduled biometrics appointment to obtain fingerprints and photographs. It will take longer to process your request if you miss or reschedule your appointments;
  • Issues of national security, criminality or public safety discovered during the background check process that require further vetting;
  • Issues of travel abroad that need additional evidence or clarification;
  • Name or date of birth discrepancies that may require additional evidence or clarification; or
  • A renewal submission that is incomplete or contains evidence that suggests a requestor may not satisfy the DACA renewal guidelines and we must request additional evidence or an explanation.

Q52: Can I file a renewal request outside the recommended filing period of 120 to 150 days before my current DACA expires?
A52: USCIS strongly encourages you to file your renewal request within the recommended 120- to 150-day filing period to minimize the possibility that your current period of DACA will expire before you receive a decision on your renewal request. We will accept requests we receive earlier than 150 days before your current DACA expires; however, this could result in an overlap between your current DACA and your renewal. This means your renewal period may extend for less than a full 2 years from the date that your current DACA period expires.
If you file less than 120 days before your current period of DACA expires, there is more risk that your current period of DACA and employment authorization will expire before you receive a decision on your renewal request. If you file after your most recent DACA period expires, but within 1 year of its expiration, you may submit a request to renew your DACA. If you are filing beyond 1 year after your most recent period of DACA expired, or if your most recent grant of DACA was terminated at any time, you may still request DACA by submitting a new initial request.
Please note: An ongoing July 16, 2021, injunction (PDF, 401.59 KB) from the U.S. District Court for the Southern District of Texas, which was affirmed by the U.S. Court of Appeals for the Fifth Circuit, and, on Oct. 14, 2022, was extended by the district court to the DACA final rule, remains in effect and prohibits DHS from granting initial DACA requests and related employment authorization under the final rule. Due to the partial stay of the injunction, DHS presently may grant DACA renewal requests under the final rule.
Q53: How will USCIS evaluate my request for renewal of DACA under 8 CFR 236.21-236.25?
A53: We may consider renewing your DACA if you met the guidelines for consideration of Initial DACA (see above and 8 CFR 236.22(b)) and you:

• Did not engage in unauthorized travel outside the United States on or after Aug. 15, 2012;
• Have continuously resided in the United States since you submitted your most recent request for DACA that was approved up to the present time; and
• Have not been convicted of a felony, a misdemeanor described in 8 CFR 236.22(b)(6), or 3 or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

These guidelines must be met for consideration of DACA renewal. We consider deferred action requests submitted under 8 CFR 236.21-236.25 on a case-by-case basis. Even if you meet the guidelines, we have discretion to assess your circumstances and determine that deferred action is inappropriate. See 8 CFR 236.22I.
Q54. Do I accrue unlawful presence if I am seeking renewal and my previous period of DACA expires before I receive a renewal of deferred action under DACA? Similarly, what would happen to my work authorization?
A54: Yes, if your previous period of DACA expires before you receive a renewal of deferred action under DACA, you will accrue unlawful presence for any time between the periods of deferred action, unless you are under 18 years of age at the time you submit your renewal request.
Similarly, if your previous period of DACA expires before you receive a renewal of deferred action under DACA, you will not be authorized to work in the United States regardless of your age at time of filing until and unless you receive a new EAD from USCIS.
Q55. Do I need to provide additional documents when I request renewal of deferred action under DACA?
A55. No, unless you have new documents pertaining to removal proceedings or criminal history that you have not already submitted to USCIS in a previously approved DACA request. However, we reserve the authority, at our discretion, to request additional documents, information or statements relating to a DACA renewal request determination.
CAUTION: If you knowingly and willfully provide materially false information on Form I-821D, you will be committing a federal felony punishable by a fine, imprisonment up to 5 years, or both under 18 U.S.C. Section 1001. In addition, you may be placed into removal proceedings, face severe penalties provided by law, and be subject to criminal prosecution.
Q56.; If I am no longer enrolled in school, can I still request to renew my DACA?
A56. Yes. Neither Form I-821D nor the instructions ask renewal requestors for information about continued school enrollment or graduation. The instructions for renewal requests specify that you may be considered for DACA renewal if you met the guidelines for consideration of initial DACA, including the educational guidelines and:

1. Did not engage in unauthorized travel outside the United States on or after Aug. 15, 2012, without advance parole;
2. Have continuously resided in the United States, up to the present time, since you submitted your most recent request for DACA that was approved; and
3. Have not been convicted of a felony, a misdemeanor described in 8 CFR 236.22(b)(6)or 3 or more other misdemeanors and are not a threat to national security or public safety.

Q57. If I initially received DACA and was under age 31 on June 15, 2012, but have since become 31 or older, can I still request renewal of DACA?
A57. Yes. You may request consideration for a renewal of DACA as long as you were under age 31 as of June 15, 2012.

IV. TravelQ58: May I travel outside the United States before I submit an initial DACA request or while my initial DACA request is pending with USCIS?
A58: Any unauthorized travel outside of the United States on or after Aug. 15, 2012, will interrupt your continuous residence, and you will not be considered for deferred action under 8 CFR 236.21-236.25. We will assess any travel outside of the United States that occurred on or after June 15, 2007, but before Aug. 15, 2012, to determine whether the travel qualifies as brief, casual and innocent. (See Chart #2.)
CAUTION: You should be aware that if you have been ordered deported or removed, and you then leave the United States, your departure will likely mean you are considered deported or removed, with potentially serious future immigration consequences.
Q59: If my case is deferred under DACA, will I be able to travel outside of the United States?
A59: Not automatically. If we decide to defer action in your case and you want to travel outside the United States, you must apply for an advance parole document by filing Form I-131, Application for Travel Document, and paying the applicable fee. We will determine whether your purpose for international travel is justifiable based on the circumstances you describe in your request. Generally, we will only issue an advance parole document if your travel abroad is for:

• Humanitarian purposes, including travel to obtain medical treatment, attend funeral services for a family member, or visit an ailing relative;
• Educational purposes, such as semester abroad programs and academic research; or
• Employment purposes, such as overseas assignments, interviews, conferences or training, or meetings with clients overseas.

Travel for vacation is not a valid basis for advance parole.
Travel for educational purposes means travel affiliated with an institution that provides education as its primary purpose. The DACA recipient does not have to be enrolled in the institution that the program is affiliated with, but you must be enrolled in the program you will be traveling with.
You may not apply for an advance parole document unless and until USCIS approves your DACA request. If you are a current DACA recipient and submitting a renewal request, you may apply for advance parole at the same time to the separate filing address for advance parole requests. We will consider all advance parole requests on a case-by-case basis.
If USCIS has granted DACA under 8 CFR 236.21-236.25 after you have been ordered deported or removed, you may still request advance parole if you meet the guidelines for advance parole described above.
CAUTION: If you have been ordered deported or removed, before you actually leave the United States, you should seek to reopen your case before the EOIR and obtain administrative closure or termination of your removal proceeding. Even after you have asked EOIR to reopen your case, you should not leave the United States until after EOIR has granted your request. If you depart after being ordered deported or removed, and your removal proceeding has not been reopened and administratively closed or terminated, you may be considered deported or removed, with potentially serious future immigration consequences. If you have any questions about this process, you may contact ICE through the local ICE Office of the Principal Legal Advisor with jurisdiction over your case.
Q60: What happens to my DACA grant if I leave the United States without advance parole?
A60: CAUTION: When you leave the United States, you are no longer in a period of deferred action. DACA recipients who leave the United States without first obtaining an advance parole document run a significant risk of being unable to reenter the United States. We strongly encourage you to obtain an advance parole document before you leave to reduce the risk of being unable to return and resume DACA.
USCIS may terminate a grant of DACA, in its discretion and following issuance of a Notice of Intent to Terminate with an opportunity to respond, for DACA recipients who depart from the United States without first obtaining an advance parole document and subsequently enter the United States without inspection. See 8 CFR 236.23(d)(2). Generally, a recent entry without inspection will be a significant negative factor warranting termination of DACA as a threat to border security, but where there are exigent circumstances, such as accidental or involuntary border crossings, DHS may choose to continue exercising prosecutorial discretion and allow the grant of deferred action to continue.
DACA recipients who depart the United States without first obtaining advance parole but who are paroled into the United States may resume their DACA upon expiration of the period of parole.
Q61: Why does my advance parole document show a 1-day parole period?
A61: Your advance parole document may show a parole period of 1 day because it is to facilitate your reentry into the United States, at which time you will resume your current DACA validity period. This is different from the language on your advance parole document that authorizes a departure and reentry between specified dates. Please review your advance parole document carefully to understand the details of your travel authorization.
Q62: Do brief departures from the United States interrupt the continuous residence requirement?
A62: A brief, casual, and innocent absence from the United States will not interrupt your continuous residence. However, unauthorized travel outside of the United States on or after Aug. 15, 2012, will interrupt continuous residence, regardless of whether it was otherwise brief, casual, and innocent. Your absence from the United States will be considered brief, casual, and innocent if it was on or after June 15, 2007, and before Aug. 15, 2012, and:

1. The absence was short and reasonably calculated to accomplish the purpose for the absence;
2. The absence was not because of a post-June 15, 2007, order of exclusion, deportation, or removal;
3. The absence was not because of a post-June 15, 2007, order of voluntary departure, or an administrative grant of voluntary departure before you were placed in exclusion, deportation, or removal proceedings; and
4. The purpose of the absence and your actions while outside the United States were not contrary to law.

Once USCIS has approved your request for DACA, you may file Form I-131, Application for Travel Document, to request advance parole to travel outside of the United States.
CAUTION: If you travel outside the United States on or after Aug. 15, 2012, without authorization and subsequently enter without inspection, DHS will issue you a Notice of Intent to Terminate and may, barring exigent circumstances, terminate your deferred action under DACA in its discretion,
Travel Guidelines (Chart #2)Travel Dates
Type of Travel
Does It Affect Continuous Residence
On or after June 15, 2007, but before Aug. 15, 2012
Brief, casual and innocent
No
For an extended time
Because of an order of exclusion, deportation, voluntary departure, or removal
To participate in criminal activity
Yes
On or after Aug. 15, 2012, and before you have requested DACA
Any
Yes. You cannot apply for advance parole unless and until DHS has determined whether to defer action in your case, and you cannot travel until you receive advance parole.
In addition, if you have previously been ordered deported and removed and you depart the United States without taking additional steps to address your removal proceedings, your departure will likely mean you are considered deported or removed, with potentially serious future immigration consequences.
On or after Aug. 15, 2012, and after you have requested DACA
Any
On or after Aug. 15, 2012, and after receiving DACA
Any
It depends. If you travel after receiving advance parole, the travel will not interrupt your continuous residence. However, if you travel without authorization, the travel will interrupt your continuous residence.
Q63: May I file a request for advance parole concurrently with my DACA package?
A63: You may file your DACA renewal request and a request for advance parole at the same time. The filing addresses are different, so you must file the requests separately. USCIS may not concurrently adjudicate the 2 requests.
If you are filing an initial DACA request, you may not concurrently file an advance parole request.
Q64: Will USCIS expedite the processing of a DACA Form I-131 advance parole application currently pending with USCIS?
A64: USCIS considers all expedite requests on a case-by-case basis and generally requires documentation to support such requests. The decision to grant or deny an expedite request is within the sole discretion of USCIS.  Please visit the USCIS Policy Manual Chapter 5 - Requests to Expedite Applications or Petitions for more information and guidance on expedite requests.
Q65: What if I am experiencing an extremely urgent situation and have not filed my Form I-131 advance parole application?
A65:If you are experiencing an extremely urgent situation and need to travel within 90 days, you may request an emergency advance parole appointment at your local field office by contacting the USCIS Contact Center. You should bring the following items to your appointment:

• A completed and signed Form I-131, Application for Travel Document;
• The correct Form I-131 filing fee;
• Evidence to support the emergency request (such as medical documentation, death certificate, etc.); and
• 2 passport-style photos.

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V. Criminal ConvictionsQ66: If I have a conviction for a felony offense, a misdemeanor offense described in 8 CFR 236.22(b)(6), or multiple other misdemeanors, can I be granted DACA under 8 CFR 236.21-236.25?
A66: No. If you have been convicted of a felony offense, a misdemeanor offense described in 8 CFR 236.22(b)(6), or 3 or more other misdemeanor offenses not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct, we will not consider you for DACA under 8 CFR 236.21-236.25.
Q67: What offenses qualify as a felony?
A67: A felony is a federal, state, or local criminal offense punishable by imprisonment for a term exceeding 1 year.
A single conviction for a felony offense is disqualifying for purposes of DACA.
Q68: What offenses constitute disqualifying misdemeanors (as described at 8 CFR 236.22(b)(6)) for purposes of DACA?
A68: For purposes of DACA, a misdemeanor (as described at 8 CFR 236.22(b)(6)) is a misdemeanor as defined by federal law (specifically, a misdemeanor for which the maximum term of imprisonment authorized is 1 year or less but greater than 5 days) that meets the following criteria:

1. Regardless of the sentence imposed, is an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or driving under the influence; or
2. If not an offense listed above, is an offense for which you were sentenced to time in custody of more than 90 days. The sentence must involve time to be served in custody, and does not include a suspended sentence.

The time in custody does not include any time served beyond the sentence for the criminal offense based on a state or local law enforcement agency honoring a detainer issued by ICE.
A single conviction for a misdemeanor offense as described above is disqualifying for purposes of DACA.
A single misdemeanor conviction that is not a misdemeanor as described at 8 CFR 236.22(b)(6) is not per se disqualifying for DACA purposes. However, we may consider such offenses in the totality of circumstances to determine whether a DACA requestor merits a favorable exercise of prosecutorial discretion.
Notwithstanding the above, the decision whether to defer action in a particular case is an individualized, discretionary decision that takes into account all the circumstances. The absence of any misdemeanor convictions as described in 8 CFR 236.22(b)(6) is not necessarily determinative, but it is a factor we will consider when we exercise our discretion.
Q69: What offenses constitute “other misdemeanors” at 8 CFR 236.22(b)(6))?
A69: For purposes of 8 CFR 236.22(b)(6), an “other misdemeanor” is any misdemeanor as defined by federal law (specifically, a misdemeanor for which the maximum term of imprisonment authorized is 1 year or less but greater 5 days) that meets the following criteria:

1. Is not an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or driving under the influence; and
2. Is an offense for which the individual was sentenced to time in custody of 90 days or less. The time in custody does not include any time served beyond the sentence for the criminal offense based on a state or local law enforcement agency honoring a detainer issued by ICE.

Three or more convictions of “other misdemeanors” not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct are disqualifying for purposes of DACA.
The decision to defer action in a particular case is an individualized, discretionary decision that takes into account all the circumstances. The absence of three or more convictions of “other misdemeanors”  is not necessarily determinative, but it is a factor we will consider when we exercise our discretion.
A single misdemeanor conviction that is not a misdemeanor as described at 8 CFR 236.22(b)(6) is not per se disqualifying for DACA purposes. However, we may consider such offenses in the totality of circumstances to determine whether a DACA requestor merits a favorable exercise of prosecutorial discretion.
Q70: If I have a minor traffic offense, such as driving without a license, will it be considered a misdemeanor that counts towards the “3 or more other misdemeanors” and make me unable to receive consideration for an exercise of prosecutorial discretion under 8 CFR 236.21-236.25?
A70: We will not consider a minor traffic offense a misdemeanor for purposes of 8 CFR 236.22(b)(6), and it is not per se disqualifying for DACA purposes. However, we can consider your entire offense history along with other facts to determine whether, under the totality of the circumstances, you warrant a favorable exercise of prosecutorial discretion.
It is important to emphasize that driving under the influence is a disqualifying misdemeanor as described at 8 CFR 236.22(b)(6), regardless of the sentence imposed.
Q71: What qualifies as a national security or public safety threat?
A71: If the background check or other information uncovered during the review of your request for deferred action indicates that your presence in the United States threatens public safety or national security, we will not grant your DACA request. Indicators that you pose such a threat include, but are not limited to, gang membership, participation in criminal activities, or participation in activities that threaten the United States.
Q72: Will offenses criminalized as felonies or misdemeanors by state immigration laws be considered disqualifying convictions for purpose of DACA?
A72: No. Under 8 CFR 236.22(b)(6), convictions under state laws (including U.S. territories) for immigration-related offenses are not considered convictions for purposes of DACA.
Q73: Will USCIS consider my expunged conviction or juvenile delinquency adjudication as a disqualifying conviction for purposes of DACA?
A73: No. Under 8 CFR 236.22(b)(6), we do not consider expunged convictions and juvenile delinquency adjudications disqualifying convictions for purposes of DACA. However, we will assess expunged convictions and juvenile delinquency adjudications on a case-by-case basis to determine whether, under the particular circumstances, you present a national security or public safety concern and a favorable exercise of prosecutorial discretion is otherwise warranted. If you were a juvenile, but tried and convicted as an adult, we will not consider your conviction a juvenile delinquency adjudication.
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VI. MiscellaneousQ74: Can USCIS terminate my DACA grant?
A74: DHS may seek to terminate a grant of DACA at any time in its discretion. However, in most cases USCIS will provide DACA recipients with a Notice of Intent to Terminate (NOIT), with an opportunity to respond, before termination. We have discretion to terminate without providing a DACA recipient a NOIT and opportunity to respond if you were convicted of a national security-related offense involving conduct described in 8 U.S.C. 1182(a)(3)(B)(iii), 1182(a)(3)(B)(iv), or 1227(a)(4)(A)(i), or an egregious public safety offense.
Q75: Does deferred action provide a path to permanent resident status (a Green Card) or citizenship?
A75: No. Deferred action is a form of prosecutorial discretion that does not confer lawful permanent resident status or a path to citizenship. Only Congress, acting through its legislative authority, can confer these rights.
Q76: Can I be considered for deferred action even if I do not meet the guidelines to be considered for DACA?
A76: The process at 8 CFR 236.21-236.25 is only for individuals who meet the specific guidelines for DACA. Other individuals may, on a case-by-case basis, request deferred action from USCIS or ICE in certain circumstances, consistent with longstanding practice.
Q77: How will ICE and USCIS handle cases involving individuals who do not satisfy the guidelines of this process but believe they may otherwise warrant an exercise of prosecutorial discretion?
A77: If USCIS determines that you do not satisfy the DACA guidelines at 8 CFR 236.22(b) or otherwise determines you do not warrant a favorable exercise of prosecutorial discretion, then we will decline to defer action in your case. If you are currently in removal proceedings, have a final order, or have a voluntary departure order, you may then request ICE consider whether to exercise prosecutorial discretion. Guidance on requests to ICE for prosecutorial discretion is available at ICE’s Prosecutorial Discretion webpage.
Q78: How should I fill out question 9 on Form I-765, Application for Employment Authorization?
A78. When you are filing a Form I-765 as part of a DACA request, question 9 is asking you to list those Social Security numbers that were officially issued to you by the Social Security Administration.
Q79: Is there supervisory review of decisions by USCIS under this process?
A79: Yes. USCIS has implemented a successful supervisory review process to ensure a consistent process for considering requests for DACA under 8 CFR 236.21-236.25.
Q80: Do USCIS personnel responsible for reviewing requests for DACA receive special training?
A80: Yes. USCIS personnel responsible for considering requests for consideration of DACA have received special training.
Q81: Must attorneys and accredited representatives who provide pro bono services to deferred action requestors at group assistance events file a Form G-28 with USCIS?
A81: Under 8 C.F.R. §§ 292.3 and 1003.102, practitioners are required to file Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, when they engage in practice in immigration matters before DHS, either in person or through the preparation or filing of any brief, application, petition, or other document. Under these rules, a practitioner who consistently violates the requirement to file a Form G-28 may be subject to disciplinary sanctions; however on Feb. 28, 2011, USCIS issued a statement indicating that it does not intend to initiate disciplinary proceedings against practitioners (attorneys and accredited representatives) based solely on the failure to submit a Form G-28 in relation to pro bono services provided at group assistance events. DHS is in the process of issuing a final rule, at which time this matter will be reevaluated.
Q82: When must an individual sign a Form I-821D as a preparer?
A82: Anytime someone other than the requestor prepares or helps fill out the Form I-821D, that individual must complete Part 5 of the form.
Q83: If I provide my employee with information regarding their employment to support a request for consideration of DACA, will that information be used for immigration enforcement purposes against me or my company?
A83: You may, as you determine appropriate, provide individuals requesting DACA with documentation which verifies their employment. This information will not be shared with ICE for civil immigration enforcement purposes under section 274A of the Immigration and Nationality Act (relating to unlawful employment) unless there is evidence of egregious violations of criminal statutes or widespread abuses.
Q84: Can I request consideration for deferred action under 8 CFR 236.21-236.25 if I live in the Commonwealth of the Northern Mariana Islands (CNMI)?
A84: Yes, in certain circumstances. The CNMI is part of the United States for immigration purposes and is not excluded from this process. However, because of the specific guidelines for consideration of DACA, individuals who have been residents of the CNMI are in most cases unlikely to meet the criteria at 8 CFR 236.22(b). You must, among other things, have come to the United States before your 16th birthday and have resided continuously in the United States since June 15, 2007.
Under the Consolidated Natural Resources Act of 2008, the CNMI became part of the United States for purposes of immigration law only on Nov. 28, 2009. Therefore, entry into, or residence in, the CNMI before that date is not entry into, or residence in, the United States for purposes of 8 CFR 236.22(b).
USCIS has used parole authority in a variety of situations in the CNMI to address particular humanitarian needs on a case-by-case basis since Nov. 28, 2009. If you live in the CNMI and believe that you meet the guidelines for consideration of deferred action under this process, except that your entry or residence to the CNMI took place entirely or in part before Nov. 28, 2009, USCIS is willing to consider your situation on a case-by-case basis for a grant of parole. If this situation applies to you, you should make an appointment  in Saipan to discuss your case with an immigration officer.
Q85: Will USCIS expedite the processing of my pending DACA request?
A85: USCIS considers all expedite requests on a case-by-case basis and generally requires documentation to support such requests. The decision to grant or deny an expedite request is within the sole discretion of USCIS. Please visit the USCIS Policy Manual Chapter 5 - Requests to Expedite Applications or Petitions for more information and guidance on expedite requests.
Evidence demonstrating the humanitarian need for expediting your DACA request may include, but is not limited to, evidence of loss of employment, disenrollment from an educational program, or medical or health-related emergencies.
USCIS continues to strongly recommend that you submit your DACA renewal requests between 120 and 150 days before your current period of DACA expires to minimize the risk of your DACA lapsing.
Q86: Someone told me if I pay them a fee, they can expedite my DACA request. Is this true?
A86: No. While practitioners may charge a fee for preparation of your DACA request, including a request to expedite, an attorney or accredited representative who guarantees faster processing by USCIS if you pay them a fee may be trying to scam you and take your money. Visit our Avoid Scams page to learn how you can protect yourself from immigration scams.
Although you may request that USCIS expedite processing of your DACA request, there is no fee to request expedited processing. Make sure you seek information about requests for consideration of DACA from official government sources such as USCIS or DHS. If you are seeking legal advice, visit our Find Legal Services page to learn how to choose a licensed attorney or accredited representative.
Q87: Am I required to register with the Selective Service?
A87:  Most male persons residing in the United States, who are ages 18 through 25, are required to register with Selective Service. Visit the Selective Service System website for more information.
Q88: How can I tell if an employer is discriminating against me because I am a DACA recipient?
A88: An employer may be engaging in discrimination if they:

• Demand that an employee show specific documents or ask for more or different documents than are required to complete Form I-9, Employment Eligibility Verification, or create an E-Verify case; or
• Reject documents from the Lists of Acceptable Documents that reasonably appear to be genuine and relate to the employee, including documentation showing work authorization because it has a future expiration date or because of an employee’s prior unauthorized status.

The Civil Rights Division of the U.S. Department of Justice has an office dedicated to ensuring that employers do not discriminate against individuals who are permitted to work in the United States. These include DACA recipients who have been granted work authorization. If you think your employer may be discriminating against you, contact the Immigrant and Employee Rights Section (IER) at 1-800-255-7688 (TDD for the deaf and hard of hearing: 1-800-237-2515).
For more information about unfair employment practices against DACA recipients, please read IER’s factsheet in English (PDF) or Spanish (PDF).
For additional resources and information about workers’ rights, visit the Department of Justice Reminders for DACA Recipients and Employers webpage.

In August 2022, the U.S. State Department introduced a pilot program to allow eligible applicants to renew U.S. passports online. Later, the State Department opened two additional rounds of online applications in September and November 2022. Although an exact date has not been announced, the State Department has stated that it intends to implement a permanent launch in the first quarter of 2023.

In anticipation of this new system, the State Department has established the eligibility criteria and process for renewing a U.S. passport online. Applicants will create an account on MyTravelGov, complete and submit the application online, upload a digital passport photograph, and pay the fee. Applicants will also be able to select the preferred service (routine or expedited), preferred delivery service (1-2 day shipping), and will be able to track the progress of their applications.

To renew a U.S. passport online, applicants will need to meet the following criteria:

1. Your most recent passport is/was valid for 10 years, and you are age 25 or older;
2. Your recent passport was issued over 9 years but less than 15 years from the date you plan to submit your application. (Your passport can be expired);
3. You are not changing your name, gender, date of birth, or place of birth;
4. You are not traveling internationally for at least six weeks from the date you will submit your application;
5. You are applying for a regular (tourist) passport. A special issuance (diplomatic, official, service) passport cannot be renewed online;
6. You live in the United States (either state or territory). Applicants who live in a foreign country or have an Army Post Office (APO) or Fleet Post Office (FPO) address do not qualify to renew online; and
7. You have your passport in your possession, it is not damaged or mutilated, and you have not previously reported it as lost or stolen.

Applicants who do not qualify for an online renewal may renew via mail or in person at a Regional Passport Agency or Acceptance Facility. Processing times and fees for the online renewal service will be the same as those for renewal by mail and in person.

It is important to remember that the current (most recent passport) will be canceled immediately once a renewal application is filed online, and it cannot be used for international travel, even if it is still valid. Once the new passport is received, applicants should retain the previous passport, place a sticker on it as a reminder that it cannot be used for international travel or identification purposes, and store it in a secure location for safekeeping. Do not send the old passport to the State Department unless you are requested to do so.

Applicants with urgent international travel who need a U.S. passport for travel may still apply at a Regional Passport Agency by calling 1-877-487-2778 to schedule an appointment at any Regional Passport Agency. Evidence of international travel within two weeks of the appointment is required when applying in person at a Regional Passport Agency.
​
Wait times for all passport applications have slowly improved since the start of the COVID-19 pandemic. Routine passport service is currently taking approximately 6-9 weeks. Routine expedited service for applications submitted by mail and online are currently taking approximately 3-5 weeks.

Briefly in Russian:

​В первой половине 2023 ожидается, что можно будет подать на продление американского паспорта онлайн!

Условия: это продление/renewal (а не первый паспорт), для лиц старше 25, находящихся в США, имеющих старый паспорт на руках, старый паспорт был выдан в пределах 9-15 лет назад, паспорт может быть уже истекшим, не меняющих имя или фамилию или пол, обычный туристический паспорт, и нет оcобой срочности и т.п.

On January 5, 2023, in addition to Ukraine and Venezuela, the Department of Homeland Security (DHS) announced a similar program for qualifying citizens of Cuba, Haiti, and Nicaragua to apply for a parole.

They have to have a U.S.-based supporter, get approved for travel authorization, and travel to the USA by air.

Individuals arriving under this new process may also apply for work authorization.

DHS also announced elimination of the numerical cap for a similar process for Venezuelans announced earlier this year.

This process will provide a way for qualifying nationals of Cuba, Haiti, and Nicaragua who are outside the United States and lacking U.S. entry documents to come to the United States. Through a fully online process, individuals can be considered, on a case-by-case basis, for advance authorization to travel to the United States and seek a temporary period of parole for up to two years, provided that they:

Have a supporter in the United States who will provide financial and other support;
Undergo and clear robust security vetting;
Meet other eligibility criteria; and
Warrant a favorable exercise of discretion.
DHS will begin implementing these new processes for Cubans, Haitians, and Nicaraguans on Jan. 6, 2023. For additional information on the process and eligibility requirements, please see the Processes for Cubans, Haitians, Nicaraguans, and Venezuelans page.

*** Starting Jan. 6, 2023, you must submit Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, if you are a potential supporter of a:

Ukrainian or their immediate family member as part of Uniting for Ukraine; or
Cuban, Haitian, Nicaraguan, or Venezuelan or their immediate family member as part of the Processes for Cubans, Haitians, Nicaraguans, and Venezuelans.
You should not file Form I-134, Declaration of Financial Support, if you are a potential supporter of an individual under Uniting for Ukraine or the Process for Cubans, Haitians, Nicaraguans, and Venezuelans.

If you submitted Form I-134 online before Jan. 6, 2023, under Uniting for Ukraine or the Process for Venezuelans, your case will continue to process and no further action is required. You should not submit a Form I-134A.

Access to these processes is free. Neither the U.S. supporter nor the beneficiary is required to pay the U.S. government a fee.

https://www.uscis.gov/CHNV

On December 23, 2022, USCIS released a new edition of Form I-485, Application to Register Permanent Residence or Adjust Status (aka Application for a Green Card), because a new public charge ground of inadmissibility rule went into effect on December 23, 2022.

USCIS advised that any I-485 application filed on or after December 23, 2022, must use the new version of Form I-485. Failure to do so will result in the USCIS rejecting the filing.

While a new Form I-485 is required, the form I-864, Affidavit of Support remains the same.

On December 19, 2022, USCIS issued a follow-up Policy Alert regarding implementing the new public charge rule visa changes to the USCIS Policy Manual and provided a resources page for reference.

On September 8, 2022, the U.S. Department of Homeland Security (DHS) issued a new final rule to be published in the Federal Register on September 9, 2022, addressing the public charge ground of inadmissibility found at INA §212(a)(4). The final rule came into effect on December 23, 2022. The final rule announcement also noted that USCIS would issue a revised Form I-485.

The public charge ground of inadmissibility is found at §212 of the Immigration and Nationality Act, as amended (INA). INA §212 provides several grounds for a noncitizen being considered “inadmissible” to the United States. The public charge ground of inadmissibility applies to applicants for visas, admission, and adjustment of status, unless the noncitizen is exempt. 

INA §212(a)(4)(A) states that a noncitizen “likely at any time to become a public charge is inadmissible.” INA §212(a)(4)(B) states that, at a minimum, adjudicators should consider the applicant’s “age, health, family status, assets, resources, and financial status; and education and skills” when determining whether a noncitizen is likely to become a public charge. Additionally, an adjudicator “may also consider any affidavit of support” under INA §213(a) when applicable, noting that in cases where an affidavit of support is required, a noncitizen’s failure to provide a sufficient affidavit of support from the petitioner and any additional sponsor(s) makes the noncitizen inadmissible regardless of other factors.

For decades, USCIS interpreted the meaning of “likely to become a public charge” based on a 1999 Interim Field Guidance release. Under this guidance, a noncitizen would be considered likely to become a public charge if DHS determined that they were likely to become primarily dependent on the government for subsistence. For example, it would apply if the individual was likely to become dependent on direct cash assistance, like Supplemental Security Income (SSI) or Temporary Assistance for Needy Families (TANF), or to individuals who rely on Medicaid-financed “long-term institutionalization,” such as a nursing or psychiatric facility. A 2019 rule put into effect by the Trump Administration sought to change this longstanding guidance, which significantly expanded the policy to include anyone who used a broader array of public benefits for more than 12 cumulative months over any 36 months. The courts held up the 2019 rule, but the Biden Administration ultimately rescinded it. The “new” 2022 public charge rule essentially restores the status quo.

Under the new rule, “likely at any time to become a public charge” means likely at any time to become primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or long-term institutionalization at government expense. According to the preamble to the final rule, primarily dependent “connotes significant reliance on the government for support, and means something more than dependence that is merely transient or supplementary.”

For purposes of a public charge inadmissibility determination, “public cash assistance for income maintenance” means:

Supplemental Security Income (SSI);
Cash assistance for income maintenance under the Temporary Assistance for Needy Families (TANF) program; or
State, tribal, territorial, or local cash benefit programs for income maintenance, commonly called “General Assistance.”.

For a public charge inadmissibility determination, “long-term institutionalization at government expense” means government assistance for long-term institutionalization (in the case of Medicaid, limited to institutional services under section 1905(a) of the Social Security Act) received by a beneficiary, including in a nursing facility or mental health institution. Long-term institutionalization at government expense is the only category of Medicaid-funded services (limited to institutional services under section 1905(a) of the Social Security Act) considered in a public charge inadmissibility determination.

USCIS Adjudicators, using a totality of the circumstances test, will consider the statutory minimum factors, an affidavit of support when required, and the additional factor of current and/or past receipt of public benefits. However, this additional factor is limited to the applicant’s receipt of public cash assistance for income maintenance or long-term institutionalization at government expense, with several exemptions, such as the Supplemental Nutrition Assistance Program (SNAP).

Importantly, any USCIS denial under the public charge inadmissibility ground must be in writing, “reflect consideration of each of the factors outlined (under the rule), and specifically articulate the reasons for the officer’s determination.”

Unless specifically exempted, all applicants for adjustment of status, including those applying through family-based petitions, employment-based petitions, and diversity applications, are subject to the public charge ground of admissibility. The appendices to Part G of Volume 8 of the USCIS Policy Manual provide helpful charts and guidance regarding when an affidavit of support is necessary.

The vast majority of both employment-based and family-based petitions are subject to the public charge ground of inadmissibility. In the employment-based categories, noncitizens are generally subject unless the applicant is adjusting based on an employment-based petition where the petition is filed by either a qualifying relative, or an entity in which such relative has a significant ownership interest (5 percent or more).

The applicant must also qualify for a category exempted under INA §212(a)(4)(E) (T nonimmigrants, U nonimmigrants, and VAWA self-petitioners, for example) at both the time of filing and adjudication of Form I-485. The applicant is not subject to INA 212(a)(4) (but is still required to file Form I-864).  A qualifying relative means a husband, wife, father, mother, child, adult son, adult daughter, brother, or sister. 

Even where exempt, some noncitizens applying to adjust status may still be required to submit an Affidavits of Support under Section 213A of the INA. This includes noncitizens whose employment-based petition was filed by a relative or by an entity in which the noncitizen’s relative has a significant ownership interest.

The public charge ground of inadmissibility does not apply to certain applicants for visas, admission, and adjustment of status applicants based on statutory or regulatory authority. For example:

Asylees and refugees
Applicants adjusting under the Cuban Adjustment Act
Special immigrant juveniles
Applicants seeking Temporary Protected Status (TPS),
Victims of human trafficking (T nonimmigrants),
Victims of qualifying criminal activity (U nonimmigrants),
Certain ambassadors and diplomats.

The new 12/23/22 edition of the I-485 Form includes a series of new questions in Part 8:

Q 61.  Are you subject to the public charge ground of inadmissibility under INA section 212(a)(4)? This question is challenging for any applicant. USCIS includes appendices to Volume 8, Part G of its Policy Manual regarding the interpretation of this question for employment-based, family-based, special immigrant, refugee, asylee, parolee, and other adjustment applicants. 

Q 62. What is the size of your household? According to the I-485 Form Instructions, the following individuals should be included in your household size:

You;
Your spouse, if physically residing with you;
Your parents, if physically residing with you;
Your unmarried siblings under 21 years of age, if physically residing with you;
Your children as defined in INA 101(b)(1), if physically residing with you;
Any other individuals (including a spouse or child not physically residing with you) who are listed as dependents on your federal income tax return; and
Any other individuals who list you as a dependent on their federal income tax return.

Q 63. Indicate your annual household income.

Applicants are instructed to check an income range based on the household’s total income. According to the I-485 Form Instructions, you may include income provided to your household from sources who are not members of your household, including but not limited to alimony or child support. You must exclude any income from Supplemental Security Income (SSI); Temporary Assistance for Needy Families (TANF); State, Tribal, territorial, or local cash benefit programs for income maintenance (often called “General Assistance” in the State context, but which also exist under other names)..

Q 64. Identify the total value of your assets. Applicants are instructed to check the appropriate box for the total value of household assets. When considering the applicant’s financial status, USCIS also considers the noncitizen’s household’s assets and resources, for example, investments or home equity, excluding any assets from illegal activities or sources, such as proceeds from illegal gambling or drug sales.

Q 65. Identify the total value of your household liabilities (such as loans, alimony, and child support payments.). Applicants are instructed to check the appropriate box for the total value of household liabilities. See explanation above.

Q 66. What is the highest degree or level of school you have completed? 

Q 67. List your certifications, licenses, skills obtained through work experience, and educational certificates. According to the I-485 Form Instructions, applicants are to list all of your certifications, licenses, skills obtained through work experience, and educational certificates. This includes but is not limited to workforce skills, training, licenses for specific occupations or professions, foreign language skills, and certificates documenting mastery or apprenticeships in skilled trades or professions. Educational certificates are issued by an educational institution (or a training provider) and certify that an occupation specific program of study was completed.

Q 68.a. Have you ever received Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), or State, Tribal, territorial, or local, cash benefit programs for income maintenance (often called “General Assistance” in the State context, but which also exist under different names)?

Q 68.b. Have you ever received long-term institutionalization at government expense?

Q 68.c. If you answer to Item Number 68.a. is “Yes,” list the benefit(s) you received, the start and end dates of each period of receipt, and the dollar amount of benefits received.

Q 68.d.      If your answer to 68.b. is “Yes,” list the name, city, and state for each institution, the start and end dates of each period of institutionalization, and the reason you were institutionalized.

Questions 68.a. – 68.d. are only asking about public benefits (in other words, public cash assistance for income maintenance and long-term institutionalization at government expense) you received in the past or are currently receiving at the time the Form I-485 is filed, and where you were/are a listed beneficiary.

Exceptions: Do not include any public benefits for which you are not listed as a beneficiary, even if you assisted with the application. Do not include benefits that you only applied for, or were approved to receive in the future but have not received in the past and/or are not currently receiving. Do not include public benefits you received only on behalf of another individual.

USCIS explained that public assistance for COVID-19 testing, vaccinations, or treatment is not considered in evaluating the public charge. Nor does USCIS consider public assistance in other forms if related explicitly to COVID-19, such as food, housing, cash assistance, rental assistance, tax credits, stimulus payments, unemployment, and financial aid grants to students, the Paycheck Protection Program, and student loan forbearance.

New public charge section of the adjustment application Form I485 added a lot of new questions. In addition, applicants not only swear that all information on the application is correct but also that all information provided with the application is complete, true, and correct.

USCIS may reject or deny an adjustment application for failure to submit requested evidence or supporting documents as stated in the instructions to Form I-485 and as stated in 8 CFR §103.2(b)(1).

Currently, the USCIS Policy Guidance states that noncitizens are not required to submit any specific evidence relating to their household’s income, assets, and liabilities; however, USCIS may request additional evidence on a case-by-case basis if more information is needed to make a public charge inadmissibility determination. The new I-485 changes made it more difficult for applicants to complete forms I-485 by themselves.

Resources:

- New form I485 https://www.uscis.gov/i-485 
- See 8 CFR §212.21(b). USCIS does not consider benefits that are not referenced above when making a public charge inadmissibility determination. See 8 CFR §212.22(a)(3).
- See 8 CFR §212.21(c)
- 8 CFR §213a.1.
- USCIS Policy Manual: https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge/public-charge-resources
and here:
https://www.uscis.gov/policy-manual/volume-8-part-g

Effective January 5, 2023:

According to the CDC announcement, travelers from China, Hong Kong, and Macau to the United States must present a negative PCR or rapid antigen test administered by a healthcare provider no more than 2 days before departure. The requirement applies to air travelers 2 years of age or older regardless of nationality or vaccination status. The requirement also applies to passengers traveling through Incheon International Airport, Toronto Pearson International Airport, and Vancouver International Airport on their way to the United States if they have been in China, Hong Kong, or Macau within the past 10 days, as well as to passengers who are merely transiting through the United States en route to another destination.

Passengers who tested positive more than 10 days before the flight can provide documentation of recovery from COVID-19 in lieu of a negative test result. Airlines will be required to confirm the negative COVID-19 test result or documentation of recovery for all passengers before they board or deny boarding to the passenger.

https://wwwnc.cdc.gov/travel/destinations/traveler/none/china

​Effective Dec. 12, 2022, U.S. Citizenship and Immigration Services (USCIS) is updating the USCIS Policy Manual to allow USCIS to automatically extend the validity of Permanent Resident Cards (commonly called Green Cards) for lawful permanent residents who have applied for naturalization for two years.
This update is expected to help naturalization applicants who experience longer processing times, because they will receive an extension of lawful permanent resident (LPR) status and may not need to file Form I-90, Application to Replace Permanent Resident Card (Green Card). LPRs who properly file Form N-400, Application for Naturalization, may receive this extension without regard to whether they filed Form I-90. USCIS will update the language on Form N-400 receipt notices to extend Green Cards for up to 24 months for these applicants. The receipt notice can be presented with the expired Green Card as evidence of continued status as well as identity and employment authorization under List A of Employment Eligibility Verification (Form I-9), if presented before the expiration of the 24-month extension period provided in the notice.

Prior to this change, under USCIS policy, naturalization applicants who did not apply for naturalization at least six months before their Green Card expiration date needed to file Form I-90, Application to Replace Permanent Resident Card (Green Card), to maintain proper documentation of their lawful status. Applicants who applied for naturalization at least six months prior to their Green Card expiration were eligible to receive an Alien Documentation, Identification, and Telecommunications (ADIT) stamp in their passport, which served as temporary evidence of their LPR status. This policy was based on the processing goal of 180 days or six months for Form N-400s, which would make filing Form I-90 unnecessary for applicants who filed at least six months before their Green Card expiration date. This policy update recognizes USCIS’ current processing times, while improving flexibility and efficiency by reducing the number of ADIT stamp appointments in field offices and the number of Form I-90s filed, which allows for these resources to be focused on other immigration benefit adjudications.
​
The extension will apply to all applicants who file Form N-400 on or after Dec. 12, 2022. LPRs who filed for naturalization prior to Dec. 12 will not receive a Form N-400 receipt notice with the extension. If their Green Card expires, they generally must still file Form I-90 or receive an ADIT stamp in their passport, in order to maintain valid evidence of their lawful permanent resident status. Lawful permanent residents who lose their Green Card generally must still file Form I-90, even if they have applied for naturalization and received the automatic extension under this updated policy. This is because noncitizens must carry within their personal possession proof of registration, such as the Green Card and any evidence of extensions or may be subject to criminal prosecution under INA 264(e). Applicants who require an ADIT stamp may request an appointment at a USCIS Field Office by contacting the USCIS Contact Center.
Visit the Policy Manual Feedback page to comment on this update. For more information, visit our Replace Your Green Card page. 

Briefly in Russian:

Если вы подаете заявление на гражданство США через натурализацию, форму N-400 после 12 декабря 2023, то вам выдадут Receipt Notice, I-797, письмо продляющее вашу грин карту на два года (24 месяца) с момента истечение.

Если вы подали 400 до 12 декабря 2023, и ваша грин карта уже истекла или скоро истекает, но вы еще не получили гражданство, вам нужно будет подать заявление на новую грин карту I-90 и заплатить госпошлину.

VAWA self-petition FY 2021 Annual Report and Approval/Denial Rate:

The Violence Against Women Act (VAWA) law allow certain spouses, children, and parents of abusive U.S. citizens and certain spouses and children of abusive Lawful Permanent Residents (LPRs) to petition for immigration benefits without the abuser’s participation or knowledge (self-petition).

Self-petitioners must establish that they:
(1) have or had a qualifying relationship with the abuser;
(2) are eligible for immigrant classification as an immediate relative or certain family sponsored preference categories;
(3) resided with the abuser;
(4) have been subject to battery or extreme cruelty during the qualifying relationship;
(5) are a person of good moral character; and
(6) entered into the marriage in good faith (for self-petitioning spouses only).

In FY 2021, I-360 VAWA self-petition Approval Rate varied greatly between the three groups of the applicants:

(1) 70% for the spouses of the abusing US citizens and permanent residents. (70 % or 6,412 petitions approved and 30% or 2,712 petitions denied).

(2) 42% for children of the abusive USC or LPR parents,

(3) 23% for parents of the abusive USC or LPR child.

​On average, a VAWA self-petition filed by an abused spouse adjudicated by USCIS in FY 2021 was pending for about 25 months,
a VAWA self-petition filed by an abused child adjudicated by USCIS in FY 2021 was pending for
about 25.1 months,
and a VAWA self-petition filed by an abused parent adjudicated by USCIS in FY 2021 was pending for about 20.8 months. The report is here.

The processing times are calculated using the date of receipt by USCIS and the date of the adjudication (i.e., approval or denial). Not all self-petitions adjudicated in FY 2021 were received in FY 2021; as such, VAWA self-petitions adjudicated in FY 2021 do not necessarily represent petitions received by USCIS in
FY 2021.

​See the FY 2021 report here.

Since 2004, we help our clients in VAWA cases. To schedule an appointment with an immigration attorney, please email us to schedule. 

Briefly in Russian:

По статистике за 2021 фискальный год. USCIS утвердили I-360 VAWA петиции в трех основных категориях:

(1) 70 % утвердили для жен и мужей абьюзеров

(2) 42 % утвердили для родителей абьюзеров

(3) 23 % утвердили детей абьюзеров.

Разница по статистике огромная - от 70 до 23 процентов.

Сроки рассмотрения этих гуманитарных петиций в 2021 составляли от 20 до 25 месяцев. В 2022 сроки остались приблизительно на таком же уровне.

Если вам нужна помощь с петицией ВАВА, мы будем рады вам помочь. Мы глубоко специализируемся в этой категории дел с 2004 года.

Для контакта с адвокатом по делу ВАВА, свяжитесь с нами по email.

Congress has recently passed laws relating to certain Afghan and Ukrainian parolees that have included language providing that parolees covered by the legislation “…shall be eligible for resettlement assistance, entitlement programs, and other benefits available to refugees admitted under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157)....”

Under DHS regulations, refugees are authorized employment incident to status, and under current USCIS policy and practice, refugees are not charged a fee by USCIS for their initial Form I-765, Employment Authorization Document (EAD). Parolees, however, are not employment authorized incident to status, and must pay a fee (currently $410) for their EAD, unless the fee is waived or exempted.
To implement the statutory language “other benefits available to refugees” in the context of section 2502(b), P.L. No. 117-43 (Afghan parolees) and section 401 of Public Law 117-128 (Ukrainian parolees), USCIS is providing the benefits of employment authorization incident to status normally accorded to refugees and a no-fee initial (and replacement of an initial) EAD to Afghan and Ukrainian parolees so that they receive the same treatment as refugees.
Effective Nov. 21, 2022, Ukrainian and Afghan parolees, and their qualifying family members, with certain classes of admission are considered employment authorized incident to parole, which means that they do not need to wait for USCIS to approve their Form I-765, Application for Employment Authorization, before they can work in the United States.

This updated policy guidance applies to the following individuals, if their parole has not been terminated:

• Afghan parolees whose unexpired Form I-94, Arrival/Departure Record, contains a class of admission of “OAR.” If you are an Afghan parolee covered under section 2502(b), P.L. No. 117-43 who did not receive an “OAR” class of admission on your Form I-94, please email U.S. Customs and Border Protection at [email protected] to update your class of admission, if appropriate;
• Ukrainian parolees whose unexpired Form I-94 contains a class of admission of “UHP”; and
• Ukrainian parolees whose unexpired Form I-94 contains a class of admission of “DT” issued between Feb. 24, 2022, and Sept. 30, 2023, and indicates Ukraine as the country of citizenship on the document.

For these parolees, their unexpired Form I-94 is an acceptable receipt they may present to their employer to show their identity and employment authorization for for the purposes of Form I-9, Employment Eligibility Verification. The receipt satisfies the Form I-9 requirement for 90 days from the date of hire (or in the case of reverification, the date employment authorization expires). Individuals who received a Form I-94 when they entered the United States should visit U.S. Customs and Border Protection’s Form I-94 page to view and print a copy of their Form I-94. If you do not have a passport, you can use your A-Number to retrieve your Form I-94 online at the site above by choosing “Get Most Recent I-94.” Enter your A-Number in the Document Number field and enter your country of citizenship or “USA” in the Country of Citizenship field.
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After the 90-day period, parolees must present an EAD or unrestricted Social Security card and acceptable List B identity document from the Form I-9 Lists of Acceptable Documents (such as a state-issued driver’s license or identification card). Ukrainian and Afghan parolees must still file a Form I-765 to receive a physical EAD. USCIS will provide additional guidance for employers about completion of Form I-9, Employment Eligibility Verification.

Effective Nov. 21, 2022, USCIS is also exempting the fee to file Form I-765 for Ukrainian parolees filing for the first form I-765, application for an EAD by mail. Afghan parolees under OAW are already exempt from the fee for an initial paper-filed Form I-765 (and a replacement EAD) through Sept. 30, 2023.

Effective Dec. 5, 2022, USCIS will be able to process fee exemptions for online filings of Form I-765 for eligible Ukrainian and Afghan parolees. We encourage use of online filing for more efficient processing.
See Uniting for Ukraine and Information for Afghan Nationals pages for more information about submitting Form I-765. See File Online page for more information about creating an account and filing online.

Briefly in Russian:

Если вы приехали в США по программе Uniting for Ukraine из Украины, с 21 ноября 2022 вы имеете право работать в США первые 90 дней без предварительного получения разрешения на работу, если на вашей карточке I-94 Admission Record о въезде в США стоит статус UHP или DT. 

Вы можете также подавать заявление на получение карточки соцстрахования на основании этой формы I-94 и штампа пароль в паспорте.

Чтобы получить саму карточку разрешение на работу, нужно подать заявление Form I-765 или по почте или онлайн в USCIS. C 21 ноября 2022 подача первого заявления I-765 по почте стала бесплатной для укаринских беженцев по программе U4U. С 5 декабря ожидается что подача первого I-765 также станет бесплатной онлайн (пока онлайн требует оплату). Эти новый изменения произошли из-за того, что Конгресс США приравнял статус пароль из Украины и Афганистана к статусу беженца.