Supreme Court Ruled That Texas and Louisiana Lack Standing to Block Biden Immigration Enforcement Guidelines
On June 23, 2023, the U.S. Supreme Court ruled 8-1 in U.S. v. Texas that Texas and Louisiana lacked standing to block Biden administration immigration enforcement guidelines that prioritize national security, public safety, and border security threats over focusing on deporting anyone in the United States without authorization.
Justice Kavanaugh wrote, “The States have brought an extraordinarily unusual lawsuit. They want a federal court to order the Executive Branch to alter its arrest policies so as to make more arrests. Federal courts have not traditionally entertained that kind of lawsuit; indeed, the States cite no precedent for a lawsuit like this.” Justice also said that the Executive Branch “does not possess the resources necessary to arrest or remove all of the noncitizens covered by” federal law. “For the last 27 years since [the laws] were enacted in their current form, all five Presidential administrations have determined that resource constraints necessitated prioritization in making immigration arrests.” Justice Alito dissented.
Homeland Security Secretary Alejandro Mayorkas said that the Department of Homeland Security (DHS) would reinstate the guidelines, which were paused last summer by the Supreme Court. He said this would “enable DHS to most effectively accomplish its law enforcement mission with the authorities and resources provided by Congress.” Texas Gov. Greg Abbott said that Texas would “continue to deploy the National Guard to repel [and] turn back illegal immigrants trying to enter Texas illegally.”
US. v. Texas (June 23, 2023). https://www.supremecourt.gov/opinions/22pdf/22-58_i425.pdf
“The Supreme Court Sides With the Biden Administration in a Fight Over Immigration,” National Public Radio (June 23, 2023). https://www.npr.org/2023/06/23/1182015382/supreme-court-ruling-immigration

On June 14, 2023, U.S. Citizenship and Immigration Services (USCIS) released its policy guidance on the eligibility criteria for initial and renewal applications for employment authorization documents in compelling circumstances based on existing regulatory requirements at 8 C.F.R §204.5(p).
Specifically, for an applicant to be eligible for an initial employment authorization document (EAD) based on compelling circumstances, the applicant must meet the following requirements:

• The principal applicant is the beneficiary of an approved I-140, Immigrant Petition for Alien Worker in the 1st, 2nd, or 3rd employment-based preference category;
• The principal applicant is in valid E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant status or authorized grace period when the applicant files Form I-765, Application for Employment Authorization;
• The principal applicant has not filed an adjustment of status application;
• An immigrant visa is not available to the principal applicant based on the applicant’s priority date according to the Final Action Date Chart in U.S. Department of State’s Visa Bulletin when the Form I-765 is filed;
• The applicant and their dependents provide biometrics as required;
• The applicant and their dependents have not been convicted of a felony or two or more misdemeanors; and
• USCIS determines, as a matter of discretion, the principal applicant demonstrates compelling circumstances that justify the issuance of employment authorization.

The guidance from USCIS provides a non-exhaustive list of situations that could lead to a finding of compelling circumstances for principal applicants and their defendants. Some of them include: serious illness and disability, employer dispute and retaliation, other substantial harm to the applicant, or significant disruption to the employer.

This guidance also provides details on the type of evidence an applicant may submit to demonstrate one of the outlined compelling circumstances. A principal applicant who has an approved I-140, but to whom an immigrant visa is not available and who has lived in the United States for a long period of time, could provide evidence such as school or higher education enrollment records, mortgage records, or long-term lease records to support a finding of compelling circumstances. As an example, a compelling circumstance could be found where due to a job loss, the principal applicant’s family would be forced to sell their home for a loss, pull their children out of school, and relocate to their home country.

Recipients of a compelling circumstances EAD will be in a period of authorized stay in the U.S. and will not be maintaining their nonimmigrant status. Thus, recipients cannot extend their H-1B status in the U.S.

​Read more here and here.

Недавно в 118 Конгресс США был предоставлен новый законопроект Ukrainian Adjustment - суть которого в предоставлении постоянного вида на жительство или грин карт для граждан Украины, приехавших в США после начала военных действий в 2022.

Пока не известны детали этого законопроекта, в частности - кто будет иметь право подать заявление на грин карту (что касается членов семьи, которые не являются гражданами Украины), какие условия, когда, как подавать, стоимость и т.п. И пока не известно, пройдет ли этот законопроект и станет ли он Законом

Текст самого законопроекта пока не был опубликован на сайте Конгресса.

Мы будем следить за новостями и опубликуем как только будут известны подробности.

Это информация с сайта Конгресса США:

Text: H.R.3911 — 118th Congress (2023-2024) All Information (Except Text)As of 06/16/2023 text has not been received for H.R.3911 - To provide for adjustment of status of nationals of Ukraine, and for other purposes.

Bills are generally sent to the Library of Congress from GPO, the Government Publishing Office, a day or two after they are introduced on the floor of the House or Senate. Delays can occur when there are a large number of bills to prepare or when a very large bill has to be printed.
https://www.congress.gov/bill/118th-congress/house-bill/3911/text
​

On June 12, 2023, U.S. Citizenship and Immigration Services (USCIS) announced the expansion of premium processing for applicants filing Form I-539, Application to Extend/Change Nonimmigrant Status, and seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 nonimmigrant status. Online filing of Form I-907, Request for Premium Processing Service, will also be available for these applicants.

The premium processing expansion for certain Form I-539 applicants will occur in phases, and nonimmigrants requesting premium processing should not file before these dates:

• Beginning June 13, 2023, USCIS will accept Form I-907 requests, filed via paper form or online, for applicants seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 status, who have a pending Form I-539, Application to Extend/Change Nonimmigrant Status.
• Beginning June 26, 2023, USCIS will accept Form I-907 requests, filed either via paper form or online, for applicants seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 status, when filed together with Form I-539.

This phase of premium processing service is only available for change of status requests. Premium processing is not available for individuals seeking an extension of stay in M-1 or M-2 status.

USCIS will reject premium processing requests for a pending Form I-539 if received before June 13. USCIS will reject premium processing requests when filed together with a Form I-539 if USCIS receives the request before June 26, 2023. 

Important reminder: You must submit Form I-907 the same way you submit Form I-539.

• If you mail a paper Form I-539 to us, you must mail a paper Form I-907.
• If you submit Form I-539 online, you must submit Form I-907 online.

I-907 Filing fee $1,750 if you are requesting premium processing for a pending Form I-539 seeking change of status to F-1, F-2, M-1, M-2, J-1, or J-2 nonimmigrant status.

​It is expected that the decision will be made within 30 days.

As previously announced, the expansion of premium processing is part of USCIS’ efforts to increase efficiency and reduce burdens to the overall immigration system. USCIS is expanding premium processing in a phased approach to ensure compliance with the with the Emergency Stopgap USCIS Stabilization Act, which prohibits the expansion of premium processing if it will increase processing times for the immigration benefit requests.

Briefly in Russian:

Начиная с 13 июня 2023 заявители на СМЕНУ статуса на СТУДЕНЧЕСКИЙ статус, а именно F-1, F-2, M-1, M-2, J-1, or J-2 , которые уже подали заявление на смену статуса, и оно находится на рассмотрении в USCIS (pending Form I-539, Application to Extend/Change Nonimmigrant Status), смогут подать на УСКОРЕНИЕ рассмотрения заявления на смену статуса, подав форму на ускорение I-907.

Если вы подавали I-539 по почте - подаете форму об ускорении тоже по почте.

Если вы подавали I-539 онлайн - подаете онлайн.

​Если вы еще не подали - то одновременная подача будет возможна с 26 июня.

Госпошлины указаны на сайте USCIS. Госпошлина за ускорение смены статуса на F-1 student, $1,750.

Ожидается, что решение по вашему делу по ускорению будут принято в течение 30 дней

​

​Afghan Nationals Can Now Apply for Fee-Exempt Re-Parole and Employment Authorization Documents Through a New Streamlined Process Online or By Mail Effective June 9, 2023.

Beginning June 8, 2023, Afghan nationals paroled into the United States on or after July 31, 2021, with an “OAR” or “PAR” class of admission can now apply for an additional two-year period of parole, or re-parole, and for an Employment Authorization Document (EAD) (or EAD renewal) without paying a fee. The new streamlined and fee-exempted application process is available only to self-filers through the USCIS online account or by filing a paper application.
What You Need to Know
What form should I use to file for re-parole under this streamlined fee-exempt process?
File Form I-131, Application for Travel Document, either online or on paper and indicate that you are filing on behalf of yourself (Part 2, Item 1.e. on the paper form). If you are filing on paper, use Form I-131 with an edition date of 06/06/23 or 10/31/22. (Note that after 08/08/2023, you may only file the 06/06/23 edition of Form I-131.)
For detailed instructions on how to file, visit the Re-Parole Process for Certain Afghans webpage. We have also developed an informational video on how to file for re-parole through the USCIS online account.

How much is the filing fee for re-parole under this process?
There is no filing fee under this process available to self-filing Afghan nationals paroled from June 9, 2023, through July 31, 2024.

Can I request an EAD at the same time I apply for re-parole?
Yes, if you are self-filing (Item 1.e. in Part 2).

Do I need to file a separate Form I-765, Application for Employment Authorization, to request an EAD?
No. If you are self-filing, you can request an EAD on Form I-131 without a filing fee.

Do I need to file any other forms to apply for re-parole?
No. If you are self-filing, you only need to file Form I-131 to apply for re-parole. We have revised Form I-131 so you do not need to file a separate Form I-765.

What if I already submitted (or someone submitted on my behalf) a Form I-131 to request re-parole?
You may submit a new request using the streamlined process announced in this message to receive the fee exemption and concurrent EAD processing. If you submit a new request under this streamlined process, you may withdraw your pending request by emailing HumanitarianParole@uscis.dhs.gov. Please include your receipt number that begins with “IOE” and put “Afghan Re-Parole” in the subject line of your message.
If you choose not to withdraw your previous request, your pre-June filing for re-parole may take longer to process, and you will need to submit a separate Form I-765 to request a new EAD only after we first approve your Form I-131.

What if I have submitted an asylum application or an application to adjust my status to that of a lawful permanent resident?
Afghan parolees who apply for asylum or for adjustment to lawful permanent resident status (such as adjustment of status as a special immigrant) before the expiration of their initial parole period do not need to apply for re-parole under this streamlined process. DHS will consider, on a case-by-case basis, providing an extension of your original parole period based on your pending asylum or adjustment of status application. If approved, we will also extend your original employment authorization and send a Form I-797C, Notice of Additional Action, to your last address of record with USCIS. If you want an actual updated EAD card, you may file Form I-765, using category c(11), which will be fee-exempted and processed as part of this streamlined re-parole application process. 

What Documents Do I Need to Apply?
You must submit at least one government-issued identity document that shows your photo, name, and date of birth. Examples of acceptable documents include:

• A copy of both sides of a Form I-766, Employment Authorization Document, from USCIS or a driver’s license from the state government where you are living.
• A copy of your passport, including the biographical page and visas issued from any country.
• A copy of both sides of your Tazkira.

If you do not have any government-issued identity document, either because you lost your document or never received one, list your father’s and mother’s first names and explain why you cannot provide a Tazkira.
If you submit any document containing a foreign language to USCIS, you must also submit a full English language translation that the translator has certified as complete and accurate, with certification from the translator that they are competent to translate from the foreign language into English.

Consider Applying Online
By applying for re-parole through a USCIS online account, you can prevent common mistakes such as a missing signature, missing pages, or an incomplete application. These issues may be why we reject some applications filed on paper. Through a USCIS online account, you can check the status of your case, access notices sent by USCIS, communicate with USCIS, update your address, and respond to Requests for Evidence.
We have resources in Dari and Pashto to guide you through the steps to set up your free online account.

• How to Create an Online Account video, flyer, webpage in Dari.
• How to Create an Online Account video, flyer, webpage in Pashto.
• We have also posted helpful materials from our national engagements on re-parole in the Electronic Reading Room on our website.

If you need technical support with your new account or an existing account, please visit my.uscis.gov/account/v1/needhelp.
Top 3 Questions
Q1: How can I check if I have an OAR or PAR class of admission to apply for re-parole through the new fee-exempt application process?
A1: If you received Form I-94, Arrival/Departure Record, when you were paroled into the United States, visit the U.S. Customs and Border Protection (CBP) Form I-94 website to view and print a copy of your Form I-94, which will show your class of admission. CBP has instructions on how to look up your current I-94 in Dari and Pashto.
If you are an Afghan national paroled into the United States on or after July 31, 2021, and you did not receive an “OAR” or “PAR” class of admission on your Form I-94, please email CBP at oawi94adjustments@cbp.dhs.gov to update your class of admission, if appropriate, before submitting your re-parole request.
Q2: I have a pending application for asylum. Can I still apply for re-parole?
A2:  Afghan parolees who apply for asylum or for adjustment to lawful permanent resident status (such as adjustment of status as a special immigrant) before their initial parole period expires do not need to apply for re-parole under this streamlined process. In recognition of the continued urgent humanitarian reasons and significant public benefit underlying your original parole grant and the time necessary for you to accomplish the purpose of your parole and regularize your immigration status, DHS plans to consider you on a case-by-case basis for an extension of your original parole period. If approved, we will extend your original employment authorization and send a Form I-797C, Notice of Additional Action, to your last address of record with USCIS. If you want an updated EAD card, although your I-797C will already serve as employment authorization, you may file Form I-765 using category c(11), which will be fee-exempted and processed as part of this streamlined re-parole application process.
Q3: I filed Form I-765 before the new streamlined application process was ready. Do I still need to apply for re-parole?
A3: Yes. Form I-765 only assesses your eligibility for an EAD and does not grant you re-parole. You must file Form I-131 under this streamlined application process to request re-parole. Please note that after your initial parole expires, you no longer have authorization to be present in the United States unless you have been granted re-parole or another status such as asylum or Temporary Protected Status. Individuals with pending asylum applications or applications to adjust their status to lawful permanent residence may remain in the United States until their case is adjudicated and they receive their decision.


​Effective June 9, 2023, through July 31, 2024, the Department of Homeland Security (DHS) will consider, on a case-by-case basis for urgent humanitarian reasons or significant public benefit, a two-year extension of the original parole period for Afghan parolees who have already applied for asylum or for adjustment to lawful permanent resident (LPR) status (such as adjustment of status as a special immigrant). This is in recognition of the continued urgent humanitarian reasons and significant public benefit underlying the original parole grant and the time necessary for Afghan parolees to accomplish the purpose of their parole and regularize their immigration status. These Afghan parolees who have already applied for asylum or LPR status do not need to apply for re-parole.  If approved, USCIS will extend their original employment authorization and send a Form I-797C, Notice of Additional Action, to their last address of record with USCIS.   
If these Afghan parolees require an updated Employment Authorization Document (EAD) in addition to the Form I-797C, they may file a fee-exempt Form I-765, Application for Employment Authorization, with USCIS under category c(11).  
We understand the need for re-parole to provide continuity in lawful presence and the ability to work and support one’s family while pursuing a more permanent immigration status. For this reason, certain Afghan parolees in the United States who have not yet filed for any immigration benefit, or who have applied for a temporary benefit such as Temporary Protected Status, may now apply for re-parole and employment authorization through a new streamlined and fee-exempted application process that is available online and on paper.  USCIS will exempt application fees for these applicants for re-parole by using Form I-131, Application for Travel Document. These applicants who self-file for re-parole will also be able to request an EAD using the same Form I-131.  
USCIS will accept and consider, on a case-by-case basis for urgent humanitarian reasons or significant public benefit, re-parole requests under section 212(d)(5) of the Immigration and Nationality Act from certain noncitizen Afghans paroled into the United States. Afghan nationals who were paroled into the United States from July 31, 2021, through June 8, 2023, and have an “OAR” or “PAR” class of admission on their Form I-94, Arrival/Departure Record, are eligible for the fee exemption from June 8, 2023, through July 31, 2024. This reflects the DHS’s commitment to providing Afghan nationals with a streamlined process to request re-parole and an EAD. 
The process to request fee-exempt re-parole for certain Afghan nationals will be available both online and via paper filing. A new Re-Parole Process for Certain Afghans webpage will provide information on the process and step-by-step instructions on how to apply for re-parole. 

• To apply for fee-exempt re-parole and an EAD on the 06/06/23 edition of Form I-131, the applicant must: 
  • Select “I am outside of the United States, and I am applying for Advance Parole Document” on the paper application in Part 2, Item 1.e.; 
  • Mark “Y” for the question, “Are you applying for re-parole?”; and 
  • Mark “Y” in Part 8 for the question, “I am requesting an Employment Authorization Document (EAD) upon approval of my new Operation Allies Welcome (OAW) period of parole” to request a fee-exempt EAD. 
• Do not submit a separate Form I-765 with your Form I-131. If you submit Form I-765 with your request for re-parole, we may reject your application or take longer to process it. 
• Applicants filing by paper and using the 10/31/22 edition of Form I-131 before Aug. 8, 2023, should write “OAW EAD” on the top of the form, regardless of whether they have a PAR or OAR class of admission.   

If your initial EAD is expiring, you must indicate you would like to renew your EAD when filing Form I-131 through this new streamlined process.  
If you are an Afghan national and applied for re-parole through Form I-131 before June 8, 2023, when this new streamlined application process was not yet available, you may submit a new request using the process announced in this message to receive the fee exemption and concurrent EAD processing. Please see the Afghan Nationals Re-Parole FAQs webpage for more information on the options available to you.