Certain Afghan and Ukrainian Parolees Are Employment Authorized Incident to Parole

 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. Read more at: https://www.uscis.gov/newsroom/alerts/certain-afghan-and-ukrainian-parolees-are-employment-authorized-incident-to-parole

Contact Darren Heyman, immigration attorney, for more information.

USCIS Extends and Expands Fee Exemptions and Expedited Processing for Afghan Nationals

 Today, U.S. Citizenship and Immigration Services announced it is extending and expanding previously announced

 filing fee exemptions and expedited application processing for certain Afghan nationals. These actions will help Afghan nationals resettle, and in many cases reunite with family, in the United States by enabling USCIS to process their requests for work authorization, long-term status, status for immediate relatives, and associated services more quickly. We encourage you to use the webpages below to learn more about the eligibility details for each type of filing you may wish to pursue. Read more at: https://www.uscis.gov/newsroom/alerts/uscis-extends-and-expands-fee-exemptions-and-expedited-processing-for-afghan-nationals

Contact Darren Heyman, immigration attorney, for more information. 

10 things to do while waiting 400 days for US tourist visa

 US visa wait times now average a staggering 400+ days for first-time visitor visa applicants in the largest countries for inbound travel.

This creates a de facto travel ban that hurts potential visitors abroad and businesses here in the United States.

To put this burden into perspective, check out what travelers could do in the time it will take them to get a visa to visit the US:

1. Go to Mars…and back: It takes approximately seven months to travel the 300 million miles to Mars. In the time it takes to get a visa interview, a person could travel to the Red Planet and back before they could travel to the United States.
    
2. 
   
   Have a child: A child born on the day a visa request was submitted should be able to stand, walk and say a few simple words by the time the request is completed.
    
3. Learn to speak English: It takes about a year to learn English according to tutoring service Education First if one starts as a beginner and trains for five hours a day.
    
4. Go from vine to wine: From harvesting the grapes to appearing on a restaurant menu or store shelf, the process of making wine takes about a year.
    
5. Earn a degree: With some master’s programs taking as little as a year to complete, serious students could hit the books and earn an advanced degree before getting a visa interview.
    
6. Summit the tallest peaks: Climbing the Seven Summits, the tallest mountains on each continent, can be done in a little over a year if you have alpine climbing experience. Mountaineers from Brazil, India and Mexico will have to wait to get a visa to summit the tallest mountain in North America: Denali in Alaska.
    
7. Raise the Lombardi Trophy (twice): An NFL team could win back-to-back Super Bowls in the time it takes for some of their international fans to wait for a visa interview. 
    
8. Walk around the world, leisurely: Walking around the world at the equator (24,901 miles) at a walking pace of 3 mph would take you 346 days, leaving you with another two months to explore your favorite destinations. 
    
9. Get a tech upgrade or two: Apple creates, manufactures and releases a new generation of iPhone each year.
    
10. Become a (television) movie star: According to reports, a television movie takes about 122 days to write, shoot and edit. With that timeline, you could be responsible for 3 of the Hallmark Channel’s 40 Countdown to Christmas features.
    

Recommendations for Paper Filings to Avoid Scanning Delays

 As we move toward an increasing electronic environment, we now scan and upload many documents into electronic database systems. To avoid delays and improve scanning efficiency, we recommend that you do not:

• Hole punch, staple, paper clip, binder clip, or otherwise attach documents to one another.
• Include photos or documents smaller than 4x6 inches for evidentiary purposes. Provide photocopies of these items instead. The only exception is when we request a passport photo with the filing.
• Include anything that contains electronic chips and batteries (such as musical greeting cards) or any non-paper materials such as cassette tapes, CD-ROMs, DVDs, toys, action figures, or thumb drives. We will not accept these types of materials. However, we will accept photographs or photocopies of these items.
• Submit forms or evidence documents bound with a binding or spiral wire/plastic.

Read more at: https://www.uscis.gov/newsroom/alerts/recommendations-for-paper-filings-to-avoid-scanning-delays

Contact Darren Heyman, immigration attorney, for more information.

DHS Continues Temporary Protected Status and Related Documentation for Certain Beneficiaries of TPS

 On Nov. 10, 2022, the Department of Homeland Security (DHS) posted a Federal Register Notice announcing the continuation of Temporary Protected Status (TPS) and certain related documents for beneficiaries under the TPS designations that remain subject to the court orders in the Ramos et al. v. Nielsen and Bhattarai et al. v. Nielsen et al. lawsuits.

TPS beneficiaries under the designations for El Salvador, Honduras, Nicaragua, and Nepal, as well as the 2011 Haiti designation and the 2013 Sudan designation will retain their TPS while the preliminary injunction in Ramos and the stay of proceedings order in Bhattarai remain in effect, provided they continue to meet all the individual requirements for TPS eligibility. The automatic extension of TPS-related documentation includes specified Employment Authorization Documents (EADs) through June 30, 2024. Read more at: https://www.uscis.gov/newsroom/alerts/dhs-continues-temporary-protected-status-and-related-documentation-for-certain-beneficiaries-of-tps

Contact Darren Heyman, immigration attorney, for more information.

New Processing Time Method for Orphan and Hague Applications and Petitions

 Starting in mid-November, U.S. Citizenship and Immigration Services (USCIS) will change how we calculate processing times for orphan and Hague cases. These changes provide stakeholders better information about the total time it may take to receive a decision on their application or petition and are consistent with an agency-wide shift in how processing times for other cases are calculated. Most importantly, USCIS remains committed to processing intercountry adoption cases as quickly and efficiently as possible.
Read more at:https://www.uscis.gov/newsroom/alerts/new-processing-time-method-for-orphan-and-hague-applications-and-petitions

Contact Darren Heyman, immigration attorney, for more information.

USCIS Announces Online Filing for Affirmative Asylum Applications

 WASHINGTON—U.S. Citizenship and Immigration Services announced today that Form I-589, Application for Asylum and for Withholding of Removal, is available to file online for certain affirmative asylum applicants. USCIS continues to accept the latest paper version of this form by mail.

“The expansion of online filing is a priority for USCIS as we make our operations more efficient and effective for the agency and our stakeholders, applicants, petitioners, and requestors,” said USCIS Director Ur M. Jaddou. “The option to file affirmative asylum applications online is part of USCIS’ ongoing move to minimize reliance on paper records and further transition to an electronic environment.” Read more at: https://www.uscis.gov/newsroom/news-releases/uscis-announces-online-filing-for-affirmative-asylum-applications

Contact Darren Heyman, immigration attorney, for more information.

USCIS Hosts Special Naturalization Ceremonies in Honor of Veterans Day

 WASHINGTON— U.S. Citizenship and Immigration Services will host several Veterans Day-themed naturalization ceremonies across the country, welcoming veterans, service members, and military spouses as America’s newest citizens.

More than 3,900 naturalization candidates, including members of the U.S military, veterans, and their families will take the Oath of Allegiance in 50 ceremonies. These events will honor the sacrifices they have made by serving our country, and also highlight our agency’s commitment to providing immigration services to the military community. Read more at: https://www.uscis.gov/newsroom/news-releases/uscis-hosts-special-naturalization-ceremonies-in-honor-of-veterans-day

Contact Darren Heyman, immigration attorney, for more information.

DHS Announces Countries Eligible for H-2A and H-2B Visa Programs

 The Department of Homeland Security (DHS), in consultation with the Department of State (DOS), has announced the lists of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs in the next year. The notice listing the eligible countries will be published in the Federal Register on Nov. 10, 2022.

Effective Nov. 10, 2022, the secretary of homeland security, with the concurrence of the secretary of state, has decided to:

• Add the Kingdom of Eswatini (Eswatini) to the list of countries eligible to participate in the H-2A and H-2B programs.

Read more at: https://www.uscis.gov/newsroom/alerts/dhs-announces-countries-eligible-for-h-2a-and-h-2b-visa-programs-0

Contact Darren Heyman, immigration attorney, for more information.

DHS Begins Limited Implementation of DACA under Final Rule

 WASHINGTON— On Monday, October 31, 2022, the Department of Homeland Security’s final rule (PDF)

 to preserve and fortify Deferred Action for Childhood Arrivals (DACA) went into effect. The final rule’s implementation means that DACA is now based on a formal regulation, thereby preserving and fortifying the program while the program remains the subject of litigation in court. Previously, DACA was based on a policy memorandum that then-DHS Secretary Janet Napolitano issued on August 15, 2012. Since its inception in 2012, DACA has allowed over 800,000 young people to remain with their families in the only country many of them have ever known and continue to contribute to their communities in the United States. Read more at: https://www.uscis.gov/newsroom/news-releases/dhs-begins-limited-implementation-of-daca-under-final-rule

Contact Darren Heyman, immigration attorney, for more information.