EAH Immigration Blog

News in Brief

DHS Announces Extension of Temporary Protected Status for Venezuelans: On July 11, 2022, USCIS indicated that it would extend TPS benefits for Venezuelans for an additional 18 months. The 18-month extension will be effective from September 10, 2022, through March 10, 2024. Only beneficiaries under the existing designation will be eligible...
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USCIS to Implement Second Stage of Expanded Premium Processing

As of September 15, USCIS began accepting premium processing requests for the following employment-based immigrant visas: Multinational executive and manager petitioners (EB-13, a/k/a EB-1C) received on or before January 1, 2022: andEB-2 National Interest Waiver petitions received on or before February 1, 2022. The filing fee for premium processing in these...
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60 Hits

Becoming a US Citizen Has Its Perks

If there is one action that you should take as a foreign national in the United States, it is to become a U.S. citizen when eligible. The upcoming midterm elections in November are a keen reminder of the privileges held only be U.S. citizens. All naturalization applicants must generally meet the...
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67 Hits

U.S. Citizenship and Immigration Services (USCIS) Updates Certain Immigration Forms

From July 2022 through August 2022, USCIS announced edition updates to many immigration forms. These include updates to Form I-485, Form I-485, Supplement A, Adjustment of Status under section 245(i), Form I-601, Form I-693, Form I-602, among many more. USCIS’s website should be reviewed regularly to identity the acceptable form edition...
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117 Hits

Pathway to Permanent Residence Restored for Many TPS Recipients

On July 1, 2022, USCIS rescinded a previous policy from the Trump Administration they had adopted from Matter of Z-R-Z-C and revised their policy on authorized travel under Temporary Protected Status (TPS). The most significant changes from USCIS are the following: TPS holders who travel abroad with authorization and are subsequently...
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Unprecedented Delays in Issuing Receipt Notices for Asylum Application Filings

On July 28, 2022, USCIS acknowledged that it was not issuing receipt notices in a timely manner for asylum applications. Considering that asylum applications must be filed within one year of the applicant’s arrival, the delay in issuing a receipt notice could cause a monumental obstacle if the application is rejected....
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97 Hits

USCIS Historical National Median Processing Times Highlight Historic Backlogs

It is well known that it is possible to check USICS case processing times online for each type of application; less known, however, is that it is also possible to check USCIS’s historic processing times. USCIS provides historical processing times for select forms from Fiscal Year 2012 to Fiscal Year 2022...
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105 Hits

Biden Administration Preserves and Fortifies DACA

On August 24, 2022, DHS Secretary Mayorkas announced a final rule that will preserve and fortify Deferred Action for Childhood Arrivals (DACA). The final rule is effective on October 31, 2022. This will allow for the maintenance of the current criteria for DACA and retains the same process to seek work...
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136 Hits

News in Brief

TPS Designated for Cameroon: On April 15, 2022, DHS announced its designation for Temporary Protected Status (TPS) for Cameroon. Cameroon has been designated for an 18-month period, beginning June 7, 2022, and ending on December 7, 2023. To be eligible, Cameroonian nationals must, among other things, have been residing continuously in...
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270 Hits

USCIS is Rejecting over 90% of Afghans Seeking Humanitarian Parole

Many Afghan citizens who fear harm from the Taliban have been denied by USCIS to enter on humanitarian parole. Humanitarian parole is not meant to be a pathway to lawful permanent residence in the U.S., nor does it grant an immigration status. When granted, it allows individuals in danger to temporarily...
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262 Hits

USCIS Will Expand Premium Processing for Certain Previously Filed I-140 Petitions

USCIS announced an expansion of the premium processing service for certain pending Form I-140 petitions. The agency will now allow applicants who previously filed under EB-1C multinational executive and manager and EB-2 National Interest Waiver (NIW) categories to premium process their petitions. USCIS hopes that this change will help alleviate the...
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983 Hits

Review of Justice-Designate Ketanji Brown Jackson’s Record on Immigration

On April 7, 2022, Ketanji Brown Jackson was confirmed by the Senate on a 53 to 47 vote, which will make her the first Black woman to serve as a Justice on the Supreme Court. Judge Brown Jackson’s well-rounded legal experience makes her unquestionably qualified for her seat. With nearly a...
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285 Hits

‘Crimmigration’ Updates: Board of Immigration Appeals and Attorney General Decisions

The following is a summary of recent precedent setting decisions from the Board of Immigration Appeals (BIA), the appellate level immigration court. All of these cases involve the interpretation of criminal actions for immigration purposes. In Matter of Wong, 28 I&N Dec. 518, decided on March 30, 2022, the Board held...
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385 Hits

Overview of Options to Get USCIS Cases “Unstuck”

With some case types taking exceedingly long for USCIS to adjudicate, and with other cases falling through the cracks, often attorneys get inquiries from individuals looking to get their cases “back on track,” and promptly decided. This column is meant to provide the latest information about this topic. USCIS recently updated...
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285 Hits

Board of Immigration Appeals Issues Narrow Holding Limiting Ability to Reopen Removal Orders

On January 28, 2022, the Board of Immigration Appeals (BIA) issued a ruling in Matter of Laparra, holding that a properly served noncitizen has received sufficient notice of a hearing, even if that respondent was served a noncompliant “notice to appear” that did not specify the time or place of the...
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386 Hits

Automatic extension period for EADs

A reminder that on May 4, 2022, DHS announced a temporary rule that increases the automatic extension period for Employment Authorization Documents (EADs) from 180 days to 540 days. This means that certain EAD applicants who timely file applications (Form I-765) to renew their employment authorization will receive an automatic extension...
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464 Hits

Local Filing of Form I-130 Petitions Filed by U.S. Citizens on Behalf of Afghan, Ethiopian, and Ukrainian Immediate Relatives

On March 17, 2022, the Biden Administration announced that U.S. citizens living overseas with immediate family members, but have not yet filed I-130 petitions, may file at a local U.S. embassy or consulate to process the immigrant visa. Eligible immediate relatives consist of spouses, unmarried children under the age of 21,...
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444 Hits

Settlement Offers Pathway to Permanent Residency for Certain TPS Beneficiaries with Removal Orders

On March 21, 2022, USCIS reached a settlement that provides that until at least January 19, 2025, DHS should generally exercise prosecutorial discretion to reopen and dismiss removal orders for TPS beneficiaries who meet the following criteria: Currently possess Temporary Protected Status (TPS);Have a removal order issued by the Executive Office...
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374 Hits

New Guidance Issued for Certain Work Permit Applications

On February 7, 2022, DHS updated the validity periods for employment authorization documents (EADs) for certain immigration categories. Under the new guidelines, DHS extended the maximum validity period for first-time employment authorization documents to two years for asylees/refugees, noncitizens with withholding of deportation or removal, and VAWA self-petitioners, or up to...
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DHS Proposes New Public Charge Rule

The Department of Homeland Security issued a Notice of Proposed Rulemaking on February 17, 2022, updating the Department’s application of the “public charge rule” using “fair and humane treatment” of foreign nationals requesting visas or green cards. The Department’s proposed rule would return to its longstanding interpretation of the “public charge”...
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