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

How a Person on Humanitarian Parole Can Apply for a Non-Work SSN?

1/3/2024

Q: I came to the United States on Humanitarian Parole from Ukraine (or Venezuela, Haiti, etc). I didn't apply for a work permit yet, and I do not have an employment authorization yet. I need a SSN to apply for certain benefits. Can I apply for a SSN even though I don't have a work permit yet?

A: Yes, you can.

Parolees from several countries who have been granted humanitarian parole may be eligible to apply for a U.S. social security number. There are two potential methods.

(1) You can either apply directly to the Social Security Administration, or (2) you may apply for one when you file Form I-765 Application for an Employment Authorization Document (EAD).
A humanitarian parolee with only a Form I-94 or a parole stamp in their passport may only apply for a non-work Social Security number (SSN). If you are applying for benefits, your local welfare or social service agency should provide you with a referral letter to the Social Security Administration explaining that the agency needs your SSN in order to process your application for benefits. With this letter, the Social Security Administration will accept your application for an SSN.
To apply for a non-work SSN directly through the Social Security Administration, fill out the application for a Social Security Card and print the application. Bring it to your nearest Social Security Administration office, along with your passport, I-94, birth certificate, marriage certificate, and the referral letter from the welfare or social services agency. You may need to make an appointment in advance at the Social Security Administration. Prepare translations of any required documents in advance.
The link for the social security card application can be found at https://www.ssa.gov/forms/ss-5.pdf
You can look up the closest Social Security Administration office at https://secure.ssa.gov/ICON/main.jsp#officeResults
You may also apply for a social security number when you apply for your work permit, which can be provided to employers. When filling out your Form I-765 – Application for Employment Authorization Document (EAD), check boxes 14 and 15 to receive a Social Security Card. You may do this even if you previously received a non-work SSN. The information you provide on this form will then be sent to the Social Security Administration to issue you a social security card.

Once you receive your Social Security Card, please remember to sign it, and keep it in a safe place (it is not advisable to carry it on your person).

Here is a guidance from the SSA office: https://secure.ssa.gov/poms.nsf/lnx/0110211600

Here is an application for a work permit, which can be filed online at USCIS website: https://www.uscis.gov/i-765

New Pilot Program for H-1B Work Visa Renewal for Canada and India Begins January 29, 2024

12/21/2023

The Department of State (DOS) just announced a pilot program to resume domestic visa renewal for certain H-1B visa holders. The pilot program will accept applications from January 29, 2024, to April 4, 2024, and it is limited to the renewal of certain H-1B visas issued by DOS consular offices in Canada and India.
DOS discontinued domestic renewal of non-diplomatic nonimmigrant visas in 2004. DOS explained that the goal of the program is to test DOS’ technical and operational ability to resume domestic visa renewals for specific nonimmigrant visa classifications and to assess the efficacy of this program in reducing worldwide visa wait times. DOS explained that the pilot program is limited to those who received visas from consular posts in Canada and India in an effort to provide meaningful results without overwhelming resources as that population of applicants is representative of the larger global population.
Only H-1B visa holders are included in the pilot program. DOS explained that including other visa categories, including H-4 dependents, created additional challenges that could not be resolved before the pilot launch date. DOS will continue to develop processes to adjudicate additional visa categories concurrent with the pilot, leveraging real-time data and feedback.
Who is Eligible?
Participation in the pilot program is limited to applicants who(se):

Prior H-1B visa was issued by consular offices in Canada with an issuance date from January 1, 2020, through April 1, 2023; or in India with an issuance date of February 1, 2021, through September 30, 2021;
Are not subject to a nonimmigrant visa reciprocity fee;
Are eligible for a waiver of the in-person interview requirement;
Have submitted ten fingerprints to the Department in connection with a previous visa application;
Prior visa does not include a “clearance received” annotation;
Do not have a visa ineligibility that would require a waiver;
Have an approved and unexpired H-1B petition;
Were most recently admitted to the United States in H-1B status;
Are currently maintaining H-1B status in the United States;
Period of authorized admission in H-1B status has not expired; and
Intend to reenter the United States in H-1B status after a temporary period abroad.

Application Process
DOS will begin accepting applications on January 29, 2024, via https://travel.state.gov/content/travel/en/us-visas/employment/domestic-renewal.html. To control the number of applications received, DOS will release 4,000 application slots each week starting January 29, with 2,000 slots for H-1B visas issued in Canada and 2,000 slots for H-1B visas issued in India. Applicants must submit an online DS-160 application and pay a non-refundable $205 MRV fee via major debit or credit card. Applicants will receive instructions through the portal on where and how to send their passport and other required documents.
Required documents include: the electronically filed DS-160, passport (valid for at least 6 months beyond visa application date with at least one blank unmarked page), one photo which meets specifications, original or copy of current I-797 approval notice, and original or copy of I-94 (available on I-94 website or on Form I-797). As the instructions allow an “original or copy” of the I-797, applicants may wish to only send a copy of the I-797 so they retain that document for future travel and I-9 purposes.
The average processing time is expected to be six to eight weeks from the time the passport and other required documents are received by the DOS. DOS aims to complete the processing of all applications no later than May 1, 2024. DOS will not consider requests for expedited processing. Those who need to travel urgently may withdraw their application and request that their passport be returned.

DHS Extends TPS Re-Registration Periods for El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan

12/13/2023

DHS Extends TPS Temporary Protected Status Re-Registration Periods for El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan.

On Dec. 13, 2023, the Department of Homeland Security (DHS) posted a Federal Register notice announcing the extension of the Temporary Protected Status (TPS) re-registration periods for El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan from 60 days to the full designation extension period for each country. DHS previously announced this re-registration period extension on Sept. 8, 2023.
Existing TPS beneficiaries must re-register to receive TPS benefits under the most recent designation extensions for these countries. The re-registration period for individuals to submit TPS applications for:

El Salvador is currently open and now runs through March 9, 2025; 
Haiti is currently open and now runs through Aug. 3, 2024;  
Honduras is currently open and now runs through July 5, 2025; 
Nepal is currently open and now runs through June 24, 2025; 
Nicaragua is currently open and now runs through July 5, 2025; and 
Sudan is currently open and now runs through April 19, 2025.

USCIS Reached H-1B Visa Cap for 2024

12/13/2023

USCIS has received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2024.
USCIS will send non-selection notices to registrants through their online accounts over the next few days. When we finish sending these non-selection notifications, the status for properly submitted registrations that we did not select for the FY 2024 H-1B numerical allocations will show:
-- Not Selected: Not selected – not eligible to file an H-1B cap petition based on this registration.
USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed for current H-1B workers who have been counted previously against the cap, and who still retain their cap number, are exempt from the FY 2024 H-1B cap.

USCIS will continue to accept and process petitions filed to:

Extend the amount of time a current H-1B worker may remain in the United States;
Change the terms of employment for current H-1B workers;
Allow current H-1B workers to change employers; and

Allow current H-1B workers to work concurrently in additional H-1B positions.

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations. We encourage H-1B petitioners to subscribe to the H-1B cap season email updates by visiting the H-1B Cap Season page.

USCIS Expands myProgress to Forms I-485 Green Card and I-821 TPS

11/29/2023

USCIS Expands myProgress to Forms I-485 and I-821

On November 21, 2023, U.S. Citizenship and Immigration Services (USCIS) announced that it is expanding myProgress (formerly known as personalized processing times) to Form I-821, Application for Temporary Protected Status, and Form I-485, Application to Register Permanent Residence or Adjust Status. myProgress will initially only be available for family-based or Afghan special immigrant I-485 applicants.
USCIS explained that myProgress “provides applicants with access, in their online account, to personalized estimates of their wait time for major milestones and actions on their case, including their final case decision. While estimates are based on case type and historical patterns, they are not a guarantee of timing, and cannot take into consideration all possible unique application processing factors.” Milestones include confirmation that the application was received, movement of the application through pre-processing and adjudicative steps, and the case decision.
In addition to Form I-485 and Form I-821, myProgress is available for applicants with a USCIS online account who file Form I-765, Application for Employment Authorization; Form I-131, Application for Travel Document; Form N-400, Application for Naturalization; Form I-90, Application to Replace Permanent Resident Card; or Form I-130, Petition for Alien Relative.
Applicants still need to visit the public Check Case Processing Times webpage to determine whether they are eligible to file an Outside of Normal Processing Times service request, USCIS noted.

USCIS Establishes Family Reunification Parole Process for Ecuador I-134A

11/19/2023

U.S. Citizenship and Immigration Services (USCIS) today announced a Federal Register notice implementing a new family reunification parole (FRP) process for Ecuador, advancing the Biden-Harris Administration’s successful combination of expanded lawful pathways and strengthened enforcement to reduce irregular migration. The FRP processes promote family unity and are one of the comprehensive measures announced in April to promote safe and orderly migratory pathways, consistent with the objectives in the Los Angeles Declaration on Migration and Protection.

The new FRP process is by invitation only for certain nationals of Ecuador and allows an eligible beneficiary to be considered for parole into the United States on a case-by-case basis while they wait for their family-based immigrant visa to become available. This process is intended to reunite families more quickly and provide an alternative to dangerous irregular migration.

Certain nationals of Ecuador who are beneficiaries of an approved Form I-130, Petition for Alien Relative, may be eligible to be considered for parole under the new FRP processes. Qualifying beneficiaries must be outside the United States, must meet all requirements, including screening and vetting and medical requirements, and must not have already received an immigrant visa.

The process begins with the Department of State issuing an invitation to initiate the process to certain U.S. citizen or lawful permanent resident petitioners whose Form I-130 filed on behalf of an Ecuadorian principal beneficiary has been approved. Beneficiaries waiting for an immigrant visa could include certain children and siblings of U.S. citizens and certain spouses and children of permanent residents. The invited petitioner can then file a request to be a supporter of the beneficiary and eligible family members, who may then be considered for advance travel authorization and parole.

1. USCIS began using Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, for this process on Nov. 17, 2023.

2. Petitioners must receive an invitation to participate in this process. The National Visa Center will begin issuing invitations for the family reunification parole process for Ecuador on Nov. 17, 2023.

As with all parole requests, under this FRP process for certain nationals of Ecuador, parole will be authorized only on a case-by-case and temporary basis after determining that there are urgent humanitarian or significant public benefit reasons for authorizing parole and that the beneficiary warrants a favorable exercise of discretion. Noncitizens paroled into the United States under this process will generally be considered for parole for up to three years and can request employment authorization while they wait for their immigrant visa to become available. When their immigrant visa becomes available, they may apply to become a lawful permanent resident.

Section 212(d)(5)(A) of the Immigration and Nationality Act provides Secretary of Homeland Security Alejandro N. Mayorkas with the discretionary authority to parole applicants for admission into the United States temporarily on a case-by-case basis for urgent humanitarian or significant public benefit reasons. Previous secretaries have exercised the parole authority to establish other family reunification parole processes administered by USCIS, including the Cuban Family Reunification Parole Program in 2007 and the Haitian Family Reunification Parole Program in 2014. DHS announced new FRP processes for Colombia, El Salvador, Guatemala, and Honduras in July and the modernization of FRP processes for Cuba and Haiti in August.

The Federal Register notice explains the application process and eligibility criteria.

PSC RFE and NOID Response Must be Mailed to Texas Service Center or Submitted Online

11/7/2023

As of August 21, 2023, the USCIS Potomac Service Center (PSC) has begun to move to a new facility in Camp Springs, MD, and can no longer receive paper responses to correspondence such as Notices of Intent to Deny (NOID), Notices of Intent to Revoke (NOIR), Intents to Deny (ITD), Requests for Evidence (RFE) or supporting documentation for filings currently pending at the PSC.
PSC will no longer accept mailed correspondence beginning on Nov. 13, 2023. All mailed correspondence intended for cases processed by the PSC must be mailed to the Texas Service Center (TSC), unless otherwise noted.
To avoid any processing delays, applicants and their representatives should instead upload their responses to their USCIS online account (for receipt notices that start with IOE-) or mail them to the Texas Service Center at:
USCIS Texas Service Center
Attn: Digital RFE
6046 N Belt Line Rd. STE 114
Irving, TX 75038
USCIS strongly encourages people to use the USCIS online account self-service tools to upload your responses for all online cases.

Priority Date Retrogression for R-1 Religious Workers in 4th EB Category

10/27/2023

A change in calculating the availability of immigrant numbers means some foreign national ministers who are in the United States on temporary R-1 religious worker visas and waiting for green cards will have to wait even longer. Some R-1 may even have to leave the country.
Ministers entering the United States solely to work in the ministry for a bona fide non-profit religious organization fall into a specific green card category: employment-based fourth preference.
For those who are already in the United States in temporary non-immigrant R status, applying for a green card is a two-step process:

Filing a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with the Department of Homeland Security (DHS); and
Filing a Form I-485 Adjustment of Status application when the individual’s priority date (established by filing the Form I-360) is “current.”

Until March 2023, the priority date in this category was February 1, 2022. In April 2023, DHS discovered it had been miscalculating the fourth preference category. In March 2023, the priority date for individuals in the fourth preference category was February 1, 2022. After the shift, that priority date retrogressed four years to September 1, 2018. As of November 1, 2023, the priority date will be January 1, 2019.

Individuals in temporary R status cannot stay in the United States for more than five years. As a result of retrogression, individuals who were close to becoming permanent residents may not be able to stay in the United States long enough to adjust status. One possible strategy for individuals in this situation is to leave the country, stay out for at least a year, and then try to return in R status. The problem with this option is that R status does not allow for dual intent. Therefore, individuals who have taken the first step in the green card process, filing a Form I-360, may not be able to obtain an R visa at a consulate abroad because they have evidenced their desire to become permanent residents.

Those who were able to file both a Form I-360 and their Form I-485 (Application to Register Permanent Residence or Adjust Status) should be able to remain in the United States as pending adjustment applicants and should be able to continue working on the basis of the employment authorization documents they received through their I-485 applications while waiting to become permanent residents.

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

10/26/2023

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

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

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

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

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

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

10/24/2023

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

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

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

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

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

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

Policy Manual:

F. Foreign Residence Requirement

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

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

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

Domestic H-1B Visa Renewal to Begin in 2024

10/24/2023

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

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

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

TPS Extension and Redesignation for Venezuela

10/21/2023

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

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

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

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

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

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

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

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

10/4/2023

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

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

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

Read more here:

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

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

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

10/4/2023

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

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

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

There is NO fee to apply.

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

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

Good luck!

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

Инструкция тут.

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

Удачи!

EAD Work Permit Validity Period Increased to 5 Years

9/27/2023

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

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

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

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

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

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

9/26/2023

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

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

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

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

Effect of Shutdown of the Government on USCIS and Immigration

9/26/2023

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

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

9/25/2023

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

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

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

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

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

If you mistakenly submit the biometric services fee and the payment is combined with a paper-based Form I-539 filing fee, this is considered an incorrect filing and we will reject the Form I-539. If you mistakenly authorize a credit card payment that combines the biometric services fee with the Form I-539 application fee, we will accept the application, and only charge the application fee. The biometric services fee exemption will apply to all applicants filing on or after Oct.1, including those applicants filing Form I-539 requesting an extension of stay in or change of status to H-4, L-2, or E nonimmigrant for whom USCIS had previously suspended the biometrics requirement through Sept. 30, 2023. As mentioned in the USCIS Fiscal Year 2022 Progress Report (PDF, 1.08 MB) (PDF, 1.08 MB), we are committed to accomplishing our goal of removing the biometric services fee and requirement for all Form I-539 applicants.

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

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

Green Card Through VAWA: What is Financial Abuse?

9/19/2023

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

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

We hope you will find this information helpful.

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

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

Does your partner:

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

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

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

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

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

Affirmative Asylum Applicants Must Bring Their Own Interpreter to Asylum Interview

9/19/2023

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

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

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

CSPA Child Status Protection Act Update Reminder

9/4/2023

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

Our previous Post.

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

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

8/22/2023

USCIS Launches Online Form to Request a Field Office Appointment.

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

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

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

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

Emergency Advance Parole:

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

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

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

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

Briefly in Russian:

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

Ukraine Redesignated for TPS from October 2023 to April 19 2025

8/18/2023

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

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

In English:

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

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

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

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

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

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

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

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

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

8/17/2023

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

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

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

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

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

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

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

8/15/2023

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

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

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