Author: Breanne Johnson

Starting this week U.S. Citizenship and Immigration Services (USCIS) has updated its policy to automatically extend the validity of permanent resident cards (also called green cards) for individuals who have applied to become U.S. citizens.

This change in policy is a welcome change as it alleviates the need for naturalization applicants to file an extra application, the I-90, to renew their green card while they’re in the process of naturalizing. This automatic extension will apply to all applicants who file Form N-400 on or after Dec. 12, 2022. As a result of longer than normal processing times, many applicants for naturalization were finding themselves needing to renew their green cards while they waited for USCIS to adjudicate their naturalization cases. With a filing fee of $540, this need to file the I-90 was a costly and frustrating extra expense for many lawful permanent residents who were in the process of becoming US citizens.

Lawful permanent residents who submit their naturalization application on or after December 12, 2022 will receive this extension automatically. USCIS plans to update the language on the N-400 receipt notice to make clear that the naturalization applicant’s green card is automatically extended for up to 24 months. This N-400 receipt notice can then be shown along with the expired green card as evidence of continued employment authorization for I-9 purposes.

In order to provide Ukrainian and Afghan parolees with the same benefits that are given to refugees under the immigration laws, USCIS has decided that Ukrainian and Afghan parolees are eligible for employment authorization immediately upon entering the United States. Parole is the legal term for allowing someone to temporarily enter the United States even though he/she may not have a visa or be otherwise eligible for admission.

This policy is effective as of November 21, 2022, and enables certain Ukrainian and Afghan parolees (and their qualifying family members) to begin working immediately, and without applying for employment authorization from USCIS.  Eligible individuals will be able to show an unexpired I-94 to their employers to document their employment eligibility. This new policy provides a welcome and much needed benefit to many Ukrainian and Afghan nationals who have recently fled their home countries. For more information regarding eligibility for this new policy, please contact us for a consultation.

A growing number of U.S. airports have stopped stamping foreign passports with an entry stamp when a foreign national enters the United States. Instead, each time someone enters the United States Customs and Border Protection (CBP) creates an online electronic record of the individual’s entry. This online electronic record is called an I-94, and international travelers should check their I-94 record after every entry into the United States to ensure that all of their data and admission information is correct.

This weekend CBP launched a new app called “CBP One” that serves as a single portal to CBP services and makes checking your I-94, registering for a provisional I-94, and booking customs appointments available all in one app. Check it out here, and help ensure that your international travels into the U.S. go as smoothly and quickly as possible.

U.S. Citizenship and Immigration Services (USCIS) is extending certain COVID-19-related flexibilities through Jan. 24, 2023. Under these flexibilities, USCIS considers a response received within 60 calendar days after the due date before taking any action. The USCIS notices and requests eligible for this extension include:

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

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

• The form was filed up to 90 calendar days from the issuance of a decision we made; and
• We made that decision between Nov. 1, 2021, and Jan. 24, 2023, inclusive.

As a reminder, the reproduced signature flexibility announced in March 2020 became permanent policy on July 25, 2022.

Please visit uscis.gov/coronavirus for USCIS updates.

In order to become a permanent resident of the United States, applicants must undergo a medical exam to ensure that they will not trigger any of the health-related grounds of inadmissibility. For example, having a contagious disease such as measles, mumps or tuberculosis could render someone unable to become a permanent resident. Normally, USCIS considers a completed Form I-693 medical exam to remain valid for 2 years after the U.S. civil surgeon signs the form, so long as the civil surgeon’s signature is no more than 60 days old when USCIS receives the application for permanent residence.

Because of COVID-related delays, USCIS has excused this 60-day signature requirement. This is a temporary exception that was set to expire today. However, USCIS announced yesterday that the exception to the 60-day signature requirement will be extended until March 31, 2023. This is a welcome extension that will help ease filings timelines and processing delays caused by COVID. For more information about the requirements to become a lawful permanent resident of the United States, reach out to our attorneys for a consultation.

The Congressional Budget Office (CBO) predicts that within the next two decades population growth in the United States will be fully fueled by immigration. “As the effects of the pandemic wane and economic conditions in the U.S. improve, net immigration flows are projected to rise.” In a new report released in July 2022, the CBO concludes that immigration will soon drive all of the United States’ population growth.  By 2043 deaths will outnumber births in the U.S., and immigration will be the only source of the United State’s population gain.

In CBO’s assessment, pandemic-related travel restrictions and reduced visa-processing capabilities resulted in 160,000 fewer net immigrants in 2020 and 110,000 fewer net immigrants in 2021. From 2022 to 2051, however, the annual net flow of immigrants is predicted to be higher. CBO now estimates 10,000 more people per year, on average, than the agency projected last year. If your family or business is amongst those looking to bring immigrants to the U.S., reach out to talk with one of our attorneys.

U.S. Citizenship and Immigration Services announced that it will be making an important update to its Policy Manual for those who seek to apply for U.S. citizenship based on their military service. This update clarifies that a current or former service member who received an “uncharacterized” discharge is eligible to apply for U.S. citizenship. Former USCIS policy held that an “uncharacterized” discharge did not qualify the service member under the legal requirements for military-based citizenship. This is a welcome change in USCIS policy that will enable more military service members to qualify for U.S. citizenship based on their military service to our country. To learn more about this update and discuss eligibility for U.S. citizenship based on military service, please contact our office for a consultation.

U.S. Citizenship and Immigration Services has rescinded Matter of Z-R-Z-C-, holding that individuals in temporary protected status (TPS) who apply for permission to travel abroad will now be found to have been inspected and admitted for purposes of adjustment of status. Individuals in TPS who would like to travel abroad will now be issued a new TPS-specific travel authorization document that enables international travel. Individuals in TPS who have been admitted back into the U.S. using this travel document following international travel will satisfy the “inspected and admitted” requirement to apply for adjustment of status. This is true even if the initial entry was without inspection. Happily, this new policy enables TPS holders to apply for permanent residence in the U.S. if they have a family-based petitioner, a qualifying employment visa petition or another option for permanent residency. To find out more about this process, please contact us for a consultation.

The U.S. Department of Homeland Security (DHS) announced on Monday that the agency is providing up to $20 million in grant funding for citizenship preparation programs. This amounts to a $10 million increase from last year. These grants are awarded to organizations that provide naturalization preparation courses, English courses and U.S. civics instruction so that applicants can best prepare to apply for U.S. citizenship.  DHS Secretary Mayorkas summarized the intention behind this increase in funding as follows: “By adding additional funding opportunities, organizations will be able to reach more communities and ensure noncitizens have access to the tools and resources needed for citizenship education.”

To apply for these funding opportunities, visit www.grants.gov. USCIS encourages applicants to visit www.grants.gov before the application deadline to obtain registration information needed to complete the application process.

For additional information on the Citizenship and Integration Grant Program for fiscal year 2022, visit www.uscis.gov/grants or email the USCIS Office of Citizenship at [email protected].

USCIS’s premium processing service is in the process of being expanded. Specifically, USCIS announced that as of June 1, 2022 it will begin this expansion by accepting premium processing requests for Form I-140 Multinational Executive and Manager Petitions received on or before January 1, 2021. USCIS further announced that beginning July 1, 2022, it will accept premium processing requests for Form I-140 on behalf of National Interest Waiver Petitions received on or before June 1, 2021, as well as Form I-140 Multinational Executive and Manager Petitions received on or before March 1, 2021. Applying for premium processing under these expanded options carries a 45 day processing timeframe and a $2,500 government filing fee.