Updated COVID-19 Vaccination Requirements for Uniting for Ukraine Parolees

 The U.S. Department of Homeland Security (DHS) has updated the COVID-19 vaccination requirements for beneficiaries paroled into the United States under Uniting for Ukraine. Effective immediately, all beneficiaries aged 6 months and older must have an attestation submitted attesting that they received COVID-19 vaccinations both before traveling to the United States and after arrival in the United States, unless they are eligible for an exception. Previously, beneficiaries younger than 5 years old qualified for an exception to the COVID-19 vaccination requirement because the vaccine was not approved or licensed for use in that age group.

Read more at: https://www.uscis.gov/newsroom/alerts/updated-covid-19-vaccination-requirements-for-uniting-for-ukraine-parolees

Contact Darren Heyman, immigration attorney, for more information.

ICE hosts NGOs to discuss parental, guardianship rights for minor children, incapacitated adults

 WASHINGTON — The U.S. Immigration and Customs Enforcement (ICE) Office of Partnership and Engagement (OPE) hosted a virtual stakeholder engagement Aug. 3 with more than 30 individuals representing various nongovernmental organizations – the engagement was held at the request of stakeholders to expand on the July announcement updating the policy, procedures, and requirements for agency officers and special agents to preserve access to family visitation and child welfare services and to hear feedback. A follow up meeting will be held in Q4 of the calendar year to continue to dialog and provide feedback to comments received. Read more at: https://www.ice.gov/news/releases/ice-hosts-ngos-discuss-parental-guardianship-rights-minor-children-incapacitated

Contact Darren Heyman, immigration attorney, for more information.

USCIS Extends COVID-19-related Flexibilities

 U.S. Citizenship and Immigration Services is extending certain COVID-19-related flexibilities through Oct. 23, 2022, to assist applicants, petitioners, and requestors. 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 Oct. 23, 2022, 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. Read more at: https://www.uscis.gov/newsroom/alerts/uscis-extends-covid-19-related-flexibilities

Contact Darren Heyman, immigration attorney, for more information.

Parolees Can Now File Form I-765 Online

 U.S. Citizenship and Immigration Services today announced that certain parolees can now file Form I-765, Application for Employment Authorization, online.

Most individuals paroled into the United States for urgent humanitarian or significant public benefit purposes under INA 212(d)(5) are eligible to seek employment authorization under category (c)(11). Please see the Form I-765 instructions (PDF, 810.34 KB) for more information.

Effective immediately, applicants for employment authorization under category (c)(11) may file Form I-765 online, with limited exceptions. Applicants seeking a waiver of the filing fee or those eligible for a fee exemption, such as Afghan nationals paroled through Operation Allies Welcome and filing an initial Form I-765, must continue to submit Form I-765 by mail. Whether applications are submitted by mail or electronically, USCIS is committed to employing technological solutions and efficiencies to reduce processing times. Read more at: https://www.uscis.gov/newsroom/alerts/parolees-can-now-file-form-i-765-online

Contact Darren Heyman, immigration attorney, for more information.

USCIS Updates Interpretation of “Under Honorable Conditions” for Military Naturalization

 U.S. Citizenship and Immigration Services is publishing an update to its Policy Manual

to clarify that a current or former service member who received an uncharacterized discharge may be eligible for naturalization under sections 328 and 329 of the Immigration and Naturalization Act (INA).

Previously, USCIS had interpreted the requirement for a separation “under honorable conditions” in INA 328 and INA 329 to require a separation characterized as either Honorable or General-Under Honorable Conditions. This policy guidance (PDF, 340.22 KB) changes the USCIS interpretation of “under honorable conditions” to encompass Uncharacterized discharges as well as Honorable and General-Under Honorable Conditions discharges. Read more at: https://www.uscis.gov/newsroom/alerts/uscis-updates-interpretation-of-under-honorable-conditions-for-military-naturalization Contact Darren Heyman, immigration attorney, for more information.

Information on Form I-589 Intake and Processing Delays

 USCIS is currently experiencing delays in issuing receipts for Form I-589, Application for Asylum and for Withholding of Removal. Due to these delays, you may not receive a receipt notice in a timely manner after you properly file your Form I-589. For purposes of the asylum one-year filing deadline, affirmative asylum interview scheduling priorities, and Employment Authorization Document eligibility based on a pending asylum application, your filing date will still be the date that we received your properly filed Form I-589 (not the date we processed it). If you did not properly file your application, we will reject it and note any deficiencies in your filing. If you do not receive your receipt notice in a timely manner, please do not submit multiple Forms I-589, as this may further delay your case.

Read more at: https://www.uscis.gov/newsroom/alerts/information-on-form-i-589-intake-and-processing-delays

Contact Darren Heyman, immigration attorney, for more information.

Benefits for Ukrainian Humanitarian Parolees

 Are you a Ukrainian individual, or non-Ukrainian individual who last habitually resided in Ukraine, who has been granted humanitarian parole?

You may be eligible for federal “mainstream” (non-ORR funded) benefits, such as cash assistance through Temporary Assistance for Needy Families (TANF) or Supplemental Security Income (SSI), health insurance through Medicaid, and food assistance through Supplemental Nutrition Assistance Program (SNAP). You may also be eligible for cash assistance, medical assistance, employment preparation, job placement, English language training, and other services offered through the Office of Refugee Resettlement (ORR). This document focuses on the benefits and services funded by ORR. Read more at: https://www.acf.hhs.gov/orr/fact-sheet/benefits-ukrainian-humanitarian-parolees#:~:text=Ukrainian%20humanitarian%20parolees%20may%20be,language%20training%3B%20childcare%3B%20transportation%3B
Contact Darren Heyman, immigration attorney, for more information.