Author: Breanne Johnson

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U.S. Citizenship and Immigration Services has rescinded Matter of Z-R-Z-C-, holding that individuals in temporary protected status (TPS) who apply for permission to travel abroad will now be found to have been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.

USCIS has implemented this change to help bridge gaps in employment authorization that have become spurred by lengthy processing delays.

U.S. Citizenship and Immigration Services announced this week that they are increasing the automatic extension timeframe for employment authorization documents (EADs) from 180 to 540 days. This EAD automatic extension applies to immigration status categories such as asylees, refugees, TPS holders, and spouses in H-4, E and L status with an unexpired I-94.  For the full list of eligible categories please check out the USCIS website at: https://www.uscis.gov/eadautoextend.

USCIS has implemented this change to help bridge gaps in employment authorization that have become more and more common during the past few years as a result of lengthening processing timelines. While this increased extension will undoubtedly help EAD applicants stay employment authorized for longer, we hope to see USCIS also dedicate resources to hiring additional staff so that case processing times can speed up and renewed EADs can be promptly issued.

As part of the permanent residency process, applicants apply for employment authorization and permission to travel outside of the United States. When approved, applicants have historically received one “combination card” that includes both their employment authorization (EAD) and advance parole (AP) travel permission. In the aftermath of COVID, USCIS processing times for EAD/AP combo cards has slowed significantly, and many applicants for permanent residence have been finding themselves without employment authorization as they wait for USCIS to adjudicate their combo card. In effort to speed up processing times for EADs and try to prevent this gap in employment authorization, USCIS has begun to issue EADs without the requested AP benefit; basically decoupling the combination card. Immigration attorneys and applicants for permanent residence are just now seeing these decoupled benefits being issued, as many people are receiving their EAD, but not their AP travel permission. In most cases, the AP is being approved several weeks to several months later. Any adjustment of status applicants waiting for a pending EAD/AP card should take note that once approved, the EAD may not also include AP travel permission. For more information, reach out to one of our attorneys for a consultation.

USCIS Secretary Mayorkas announced on Friday that the country of Ukraine has been designated for Temporary Protected Status (TPS).  TPS is an immigration benefit that allows citizens of a designated country who are already present in the United States to apply to remain temporarily in the United States due their inability to return to their home country as a result of dangerous conditions such as civil war or natural disaster.  Individuals eligible for TPS may also apply for employment authorization. In this designation, Ukrainians in the U.S. as of March 1, 2022 may apply to continue their stay for up to 18 months.

Secretary Mayorkas explained that “Russia’s premeditated and unprovoked attack on Ukraine has resulted in an ongoing war, senseless violence, and Ukrainians forced to seek refuge in other countries . . .  In these extraordinary times, we will continue to offer our support and protection to Ukrainian nationals in the United States.” To learn more about TPS and the application process, please contact us for a consultation.

Beginning Saturday January 22, 2022, the U.S. Department of Homeland Security will require all visitors seeking to enter the U.S. to be fully vaccinated for COVID-19 and provide proof of vaccination upon entry. This requirement applies to land borders and ferry terminals, and is not applicable to U.S. citizens, U.S. nationals, or lawful permanent residents of the United States. Proof of vaccination is already a requirement for air travel into the United States.

Non-U.S. individuals traveling to the United States via land ports of entry or ferry terminals, whether for essential or non-essential reasons, must:

• verbally attest to their COVID-19 vaccination status;
• provide proof of a CDC-approved COVID-19 vaccination, as outlined on the CDC website;
• present a valid Western Hemisphere Travel Initiative (WHTI)-compliant document, such as a valid passport, Trusted Traveler Program card, or Enhanced Tribal Card; and,
• be prepared to present any other relevant documents requested by a U.S. Customs and Border Protection (CBP) officer during a border inspection.

COVID-19 testing is not required for entry via a land port of entry or ferry terminal, however is a requirement for air travel. CYA reminds all travelers to up to date on the most recent international travel requirements and to avoid all non-essential international travel if possible.