As we posted in February 2023, CSPA interpretation has changed. Check the Filing Dates in the Visa Bulletin instead of the Final Action Dates.
​
Our previous Post.

U.S. Citizenship and Immigration Services has issued guidance in the USCIS Policy Manual to update when an immigrant visa number “becomes available” for the purpose of calculating a noncitizen’s age in certain situations under the Child Status Protection Act (CSPA).
For a child to obtain lawful permanent resident status in the United States based on their parent’s approved petition for a family-sponsored or employment-based visa, the child generally must be under the age of 21. If the child turns 21 and “ages out” during the immigration process, the child generally is no longer eligible to immigrate with the parent based on the parent’s petition.
Congress enacted the CSPA to protect certain noncitizen children from losing eligibility to obtain lawful permanent resident status based on an approved visa petition by providing a method to calculate the child’s age that considers when an immigrant visa number “becomes available.” The Department of State’s Visa Bulletin is used to determine when a visa number becomes available. The Visa Bulletin has two charts – the Dates for Filing chart and the Final Action Date chart. Under the previous CSPA guidance, USCIS considered a visa available for purposes of the CSPA age calculation based only on the Final Action Date chart, even if a noncitizen could apply for adjustment of status using the earlier date in the “Dates for Filing” chart.
This USCIS policy change is effective immediately and applies to pending applications. Therefore, some noncitizens with a pending application may now have a CSPA age that is under 21 based on this change. For example, between October and December of 2020, certain noncitizens were permitted to file their adjustment of status applications under the Dates for Filing chart of the Visa Bulletin. However, the Final Action Date chart never advanced sufficiently for their applications to be approved. These noncitizens filed their adjustment of status applications with the requisite fee without knowing whether the CSPA would benefit them.
Under this new guidance, USCIS will now use the Dates for Filing chart to calculate these noncitizens’ ages for CSPA purposes, which provides these noncitizens with more certainty about their eligibility to adjust status. If these noncitizens are eligible to adjust status because of the change in policy and they have filed for adjustment of status, they will also be eligible to apply for employment and travel authorization based on their pending adjustment of status application, and they generally will not lose previously issued employment or travel authorization.
Noncitizens may file a motion to reopen their previously denied adjustment of status application with USCIS by using Form I-290B, Notice of Appeal or Motion. Noncitizens must generally file motions to reopen within 30 days of the decision. For a motion filed more than 30 days after the denial, USCIS may, in its discretion, excuse the untimely filing of the motion if the noncitizen demonstrates that the delay was reasonable and was beyond the noncitizen’s control.
This Policy Manual update will not prevent all children from aging out before an immigrant visa is available to them, nor will it prevent children from losing nonimmigrant status derived from their parents upon reaching the actual age of 21. USCIS continues to explore all options available under the law to aid this population. For example, the Department of Homeland Security regulatory agenda includes an anticipated notice of proposed rulemaking on improving the regulations governing adjustment of status to lawful permanent residence and related immigration benefits.
More information is available in the Policy Alert (PDF, 345 KB) and on the Child Status Protection Act page.

​USCIS Launches Online Form to Request a Field Office Appointment.

On August 21, 2023, USCIS announced a new online form for individuals, attorneys, and accredited representatives to request an in-person appointment for certain customer service-related appointment requests, such as ADIT stamp or emergency advanced parole, at their local field office without having to call the USCIS Contact Center.
Individuals can visit my.uscis.gov/appointment to submit a request for a specific date, time, and type of appointment with their local field office.

This online appointment request form is not a self-scheduling tool and does not guarantee an appointment for the preferred date or time requested. The Contact Center will review and validate each request before confirming the appointment date and time.
Individuals, attorneys, and accredited representatives will still have the option to call the USCIS Contact Center to request an appointment. However, USCIS strongly encourages users to use the new online appointment request form to improve their overall customer experience. Using the online appointment request form will save time, increase efficiency, and reduce call volume to the USCIS Contact Center.
Visit my.uscis.gov/appointment for more information.

Appointment requests at USCIS offices are for matter relating to the following categories:

• ADIT Stamp: The Alien Documentation Identification and Telecommunication (ADIT) stamp (also known as an I- 551 stamp) provides temporary evidence of lawful permanent resident status that may be issued to Legal Permanent Resident (LPRs) in limited circumstances. It authorizes the holder to work in the United States and be re-admitted to the United States following travel outside of the country. The ADIT stamp is stamped on the individual's unexpired passport or the Form I-94, Arrival/Departure Record when the applicant is unable to obtain a passport or if the passport is expired. If you are not in possession of a valid passport, please ensure you bring two passport-style photos to your appointment.
  Note: If you were issued an extension notice after filing, and you are in possession of your expired Legal Permanent Resident card, please show these two documents as your valid proof of status upon request. If you are not in possession of your expired Legal Permanent Resident card, your extension notice is no longer valid, please make an appointment to obtain proof of status.
  Check your case status online.

Emergency Advance Parole: 

Field offices sometimes receive emergency requests for issuance of an advance parole document. Whether or not to grant a request for emergency advance parole document depends on if the travel need is considered emergent. “Emergent” means “arising unexpectedly,” while “emergency” means “calling for prompt action.” If you are experiencing an extremely urgent situation, you may request an emergency advance parole appointment at your local field office. You should bring the following items to your appointment.

• A completed and signed Form I-131, Application for Travel Document
• Valid Passport;
• The correct I-131 filing fee;
• Evidence to support the emergency request (e.g., death certificate, medical documentation); and
• Two passport-style photos.

Determine if you are eligible for Emergency Advance Parole: Emergency Travel

• Note: Asylum applicants, asylees, refugees, and lawful permanent residents who obtained such status based on their asylum or refugee status are also subject to special rules regarding traveling outside the United States. Additional information regarding traveling outside the United States as well as the consequences that could result if an asylum applicant, an asylee, a refugee, or a lawful permanent resident who obtained such status based on his or her asylum or refugee status returns to his or her country of claimed persecution may be found in the Fact Sheet entitled Traveling Outside the United States as an Asylum Applicant, and Asylee, or a Lawful Permanent Resident Who Obtained Such Status Based on Asylum Status.
  Note: Asylees (individuals who have been granted asylum) and Lawful permanent residents who obtained such status based on their asylum status may travel abroad with the prior approval of the Secretary of Department of Homeland Security (DHS). Such prior approval comes in the form of a refugee travel document. A refugee travel document is valid for one year and is issued to an asylee to allow his or her return to the United States after temporary travel abroad. Like advance parole, a refugee travel document does not guarantee admission into the United States. Rather, the asylee must still undergo inspection by an immigration inspector from CBP to review the Form I-131, Application for Travel Document.
• Immigration Judge Grant: When an applicant is granted permanent residence or asylum by an Immigration Judge (IJ) during immigration court proceedings or by the Board of Immigration Appeals (BIA), USCIS is responsible for producing the applicants Permanent Resident Card (PRC) or providing proof of status. Typically, the applicant is required to go into the local field office to initiate card production or obtain evidence of status. Please ensure you are in possession of your copy of the Final Order, as well as photo identification and passport to your appointment.
  • IJ Asylum grant applicants should also bring two passport-style photos to the appointment.
  • IJ LPR grant applicants, who do not possess a valid passport, need to bring two passport-style photos to the appointment. Applicants that do not have valid fingerprints on file may be scheduled for an Application Support Center appointment to produce the I-551 LPR Card.

Briefly in Russian:

21 августа 2023 USCIS объявил о новой онлайн функции, где можно самостоятельно получить дату для посещения местного иммиграционного офиса. По этому линку вы сможете послать запрос на время и дату, это не гарантировано когда вы получите дату для посещения офиса. Запрос можно послать самостоятельно или через адвоката. Это будет полезно, например, если вам срочно нужно получить разрешениа на выезд и въезд в США (emergency advance parole).

On June 8, 2023, the U.S. Department of State announced that it had adopted new technology to reduce the time for Administrative Processing. Currently, Administrative Processing lacks any predictability and transparency, and many U.S. visa applications wait for the decision for many weeks, months or years.
Many Administrative Processing visa cases are still taking a very long time. This is particularly true for Russian, Chinese, and Iranian applicants, including individuals who held visas in the past, are currently living in the United States, or have U.S. citizen family members. 

As the DOS stated: "National security is our top priority.  Before issuing any visa, we ensure that every prospective traveler is subject to extensive security screening.  Now, we can do this in a much more streamlined manner."

Applicants living in the United States needing a visa to return should seek advice on the risk of a lengthy delay before leaving the country. In some instances, deferring travel may be advisable.

If a visa applicant is told that they will be placed into Administrative Processing, they should take the following steps:

• Ask the interviewing officer why the application is going into Administrative Processing, what are the reasons;
• Ask how long the officer believes it will take for the application to clear Administrative Processing, what is an estimate;
• Make notes immediately after the interview of all of the questions asked by the consular officer, write it down;
• Preserve any paperwork given to you after the interview, keep the copies of all paperwork;
• Seek professional legal advice BEFORE (not after) submitting responses to any questionnaires or requests for additional evidence.

To schedule a consultation with an attorney, please email or use our scheduling app.

The U.S. Department of State (DOS) is proposing a new rule that would allow third parties (including attorneys, interpreters, and others) to attend interviews at consulates, embassies, and passport agencies and centers for U.S. citizen services.
These services include but are not limited to appointments for passports, requests for Consular Reports of Birth Abroad (CRBA), and Certificates of Loss of Nationality. The State Department wants to accommodate U.S. citizens who wish to have a third-party with them and believes that most consulates, embassies, and centers have the necessary physical capacity to handle this.
State Department guidance has permitted such third-party attendance in the past, but there have been no specific centralized regulations.
Some consulates, however, have issued detailed guidance. An example is the U.S. Embassy and Consulate in Thailand, which has the following parameters for passport and Consular Report of Birth Abroad appointments:

• Only one third-party per applicant;
• An attorney cannot substitute for the applicant;
• The consular official retains discretion to determine the scope and conduct of the interview;
• Attorneys are expected to provide guidance before the interview – not during the interview;
• Attorneys may not engage in legal argumentation during the interview;
• Third-parties (other than the parent or guardian or a minor child) may not answer questions, summarize, clarify or otherwise interfere with an applicant’s responses;
• No coaching is allowed;
• Attendees may not object to questions or instruct the applicant not to answer;
• Attendees may take written notes, but recording is not allowed; and, of course,
• Attendees may not be disruptive.

The proposed rule was published in Federal Register, and the State Department will be accepting comments on the proposed new rule until September 25, 2023. 

Starting in 2024, U.S. travelers will need to apply for authorization to enter the EU Schengen countries through the new European Travel Information and Authorization System (ETIAS). ETIAS was proposed in 2016 but its rollout has been postponed several times. ETIAS will require U.S. citizens to obtain permission to enter Europe’s Schengen countries. U.S. citizens can currently travel to Schengen countries by presenting a US passport at the border without obtaining prior approval. This is now coming to an end.

Since 2009, the U.S. already has a similar program, called the Electronic System for Travel Authorization (ESTA). ESTA was mandated by the Recommendation of the 9/11 Commission Act to support its Visa Waiver Program (VWP). Travelers who are visa exempt must complete and submit an electronic application every two years and pay a fee. The system vets applicants to determine whether the traveler is authorized to enter the U.S. without a visa. There are currently 40 countries that are eligible to enter the US under the VWP.

After ETIAS is in place, all U.S. citizens (as well as travelers from 60 other countries, including Canada and Mexico) will require pre-approval on ETIAS prior to traveling to any of the Schengen-member countries for short stays.

U.S. citizens will not be allowed to enter any of the Schengen countries without proof of ETIAS approval, which requires payment of a fee and a detailed registration application. The reason for the ETIAS is to better secure and police the borders. The application will include criminal and other security questions and each application will be checked in certain European databases including SLTD (Interpol).

When the ETIAS requirement comes into force next year, the E.U. will provide applications through an official website and mobile app.
In order to apply, travelers will need to provide their passport information or another travel document to which a visa can be affixed.
Parents and legal guardians can apply on behalf of minors in their care.
How long does ETIAS approval last?ETIAS approval is valid for three years or until the passport it is registered to expires, whichever comes first. 
How much will an ETIAS application cost?The ETIAS processing fee is set at 7 euros ($7.74), but applicants under the age of 18 or over the age of 70 can apply at no charge. 
How long will ETIAS application processing take?
According to the E.U., ETIAS approval should come within minutes for most applicants, but can take up to 30 days. The government encourages travelers to apply well in advance of any trip, and strongly advises travelers to receive their ETIAS approval prior to purchasing flights or booking hotel stays.
Can I be denied entry to a country with a valid ETIAS visa?Yes. According to the E.U., travelers will still be subject to border formalities on arrival and an ETIAS visa is not a guarantee for entry.

The new travel authorization applies to those entering any of the below-listed countries, which includes full EU Schengen Member countries, as well as countries that are European Free Trade Association Members, European Microstates with Open Borders, as well as future Schengen members.

• Andorra
• Austria
• Belgium
• Croatia
• Czech Republic
• Denmark
• Estonia
• Finland
• France
• Germany
• Greece
• Hungary
• Iceland
• Italy
• Latvia
• Liechtenstein
• Lithuania
• Luxembourg
• Malta
• Monaco
• Netherlands
• Norway
• Poland
• Portugal
• San Marino
• Slovakia
• Slovenia
• Spain
• Sweden
• Switzerland
• Vatican City

In addition to the above countries, Bulgaria, Cyprus, and Romania are in the process of joining the Schengen Zone. Once these countries become Schengen country members, ETIAS will be required for the U.S. travelers.

On July 7, 2023 the U.S. Department of Homeland Security announced the posting of Federal Register notices to implement family reunification parole (FRP) processes for Colombia, El Salvador, Guatemala, and Honduras. 
Family Reunification Parole Overview
FRP processes allow certain vetted beneficiaries of an approved Form I-130, Petition for Alien Relative, to be temporarily paroled into the United States on a case-by-case basis. These processes are part of comprehensive measures announced in April by DHS and the Department of State to further reduce dangerous, irregular, migration across the Western Hemisphere, expand lawful pathways, and facilitate safe, humane, processing of migrants.
U.S. citizen and lawful permanent resident petitioners with an approved Form I-130 who receive an invitation from the Department of State can file Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, to initiate the process for the principal beneficiary of the Form I-130, and their derivative family members, to be considered for advance authorization to travel and parole into the United States.
Additional information on updates to the FRP processes for Cuba and Haiti is coming soon.
What You Need to Know
Under these new processes, certain Form I-130 beneficiaries can be considered for parole on a discretionary, case-by-case, and temporary basis after demonstrating urgent humanitarian reasons or significant public benefit, as well as demonstrating that the beneficiary warrants a favorable exercise of discretion.
Beneficiaries under these processes will generally be paroled into the United States for up to three years and are eligible to apply for employment authorization for the duration of their parole period.
Certain U.S. citizen or lawful permanent resident petitioners with an approved Form I-130 must receive an invitation from the Department of State’s National Visa Center to participate in these processes before filing a Form I-134A on behalf of a beneficiary. Invitations have not yet been issued.
More Information
For additional information on FRP, please visit the Family Reunification Parole Processes webpage. We will update this page as more information becomes available.
For more information on the criteria for participating in the FRP processes, see the Federal Register notices for Colombia, El Salvador, Guatemala, and Honduras.

On June 28, 2023, U.S. Citizenship and Immigration Services launched a new self-service tool allowing benefit requestors, and their attorneys and accredited representatives, to reschedule most biometric services appointments before the date of the appointment.
Previously, benefit requestors and accredited representatives could only request to reschedule a biometric services appointment by calling the USCIS Contact Center. With this new tool, those individuals who have or create a USCIS online account can reschedule most requests for biometric services appointments without having to call the Contact Center.

The new tool, however, cannot be used to reschedule an appointment that already has been rescheduled two or more times, is within 12 hours, or that has already passed.
The biometric services appointment rescheduling tool can be accessed via a USCIS online account regardless of whether the pending case was submitted online or by mail. Benefit requestors and accredited representatives will still have the option to call the USCIS Contact Center to reschedule an appointment, but USCIS strongly encourages users to use the new tool to save time, increase efficiency, and reduce call volume to the USCIS Contact Center.
USCIS is also issuing guidance in the USCIS Policy Manual to explain that the agency may consider an untimely request to reschedule a biometric services appointment and the effect of failing to appear for an appointment, and to explain how the agency considers a timely request to reschedule a biometric services appointment for “good cause.” Good cause exists when the reschedule request provides sufficient reason for the benefit requestor’s inability to appear on the scheduled date.

Sufficient reasons may include, but are not limited to:

• Illness, medical appointment, or hospitalization;
• Previously planned travel;
• Significant life events such as a wedding, funeral, or graduation ceremony;
• Inability to obtain transportation to the appointment location;
• Inability to obtain leave from employment or caregiver responsibilities; and
• Late delivered or undelivered biometric services appointment notice.

USCIS only accepts untimely rescheduling requests made to the USCIS Contact Center and does not accept untimely requests to reschedule by mail or in-person at a USCIS office or through the myUSCIS online rescheduling tool.

The Department of Homeland Security (DHS) has recently published an overdue overstay report showing that more than 850,000 foreign visitors overstayed their authorized stay in FY2022, which is probably a record high. A more detailed analysis of the numbers is forthcoming, but here are the highlights:

• The total overstay rate for 2022 was 3.64 percent, which is more than double the rate of recent years.
• Approximately 98,000 visitors who entered under the Visa Waiver Program (VWP), which allows visa-free travel for short-term visitors from low-risk countries, overstayed in 2022. The country with both the largest number and highest rate of VWP overstayers was Spain, with 28,356 overstays and a rate of 5.6 percent, which could trigger corrective measures.  
• The largest number of short-term visitor overstays from non-VWP countries came from Venezuela. About 173,000 Venezuelans overstayed during the year -- which is about 94 percent of the visitors. This is because the Biden administration has allowed Venezuelans to enter and receive Temporary Protected Status, a designation that includes a work permit.
• The next largest number of overstays by short-term visitors are citizens of Mexico, with approximately 124,000 overstays, at a rate of 3.5 percent.
• For the first time, DHS broke down the overstay rates for the three sub-categories of student/exchange visas. Vocational school students had the highest overstay rate of the three (9.1 percent). Exchange visitors overstayed at a rate of 5.6 percent, and university and other traditional students overstayed at a rate of 4.1 percent.  
• Just over 9,000 citizens of China overstayed on student or exchange visitor visas, representing more than 16 percent of all student/exchange overstays.  
• The largest number of overstays in the category that includes temporary workers came from Mexico (131,000) and India (5,800).

Visa overstays are a significant contributor to our nation's illegal immigration problem, and improving the situation requires a multi-pronged approach. The State Department will be required to adjust visa issuance standards in certain countries and in certain visa categories, to reflect overstay risks. Sponsors and employers of students and workers that produce disproportionately high numbers of overstays might be barred from participating in visa programs. ICE can be directed to expand enforcement programs that target overstays. Congress will continue to press DHS to build the biometric entry-exit system that will help maintain the integrity of the visa programs. 

​Read more here.

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 [email protected]. 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 [email protected] 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. 

​The U.S. government is granting advance travel authorization for up to 30,000 noncitizens each month to come to the United States to seek parole on a case-by-case basis under the processes for Cubans, Haitians, Nicaraguans, and Venezuelans. Due to high interest in these processes, USCIS is updating the review process effective May 17, 2023.
We are updating the review process because the number of supporters who have submitted Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, is significantly higher than the 30,000 monthly travel authorizations available. It is intended to maintain a meaningful and equitable opportunity for all beneficiaries of a Form I-134A to move forward through the process and seek advance travel authorization.
Under the new review process that went into effect on May 17, USCIS will randomly select about half of the monthly total, regardless of filing date, from the entire pending workload of Form I-134A to determine whether the case can be confirmed.
We will review the other half of the monthly total of Forms I-134A based on when the case was submitted under the first-in, first-out method, which prioritizes the oldest Forms I-134A for review.
Potential supporters should not submit a duplicate Form I-134A for the same beneficiary. We will not accept a duplicate Form I-134A if a previously submitted Form I-134A between the same potential supporter and beneficiary is pending. If we do not confirm a Form I-134A, but a supporter believes they meet the requirements to be a supporter under the process, they may file a new Form I-134A and submit additional information as evidence.
Under this updated review process, processing times will vary. Potential supporters may monitor the status of a Form I-134A they filed in their USCIS online account or check the most recent status in Case Status Online. The USCIS Contact Center cannot provide any additional information about the status of your case.

U.S. Citizenship and Immigration Services announced on May 4, 2023, that it is now “affirmatively creating and providing documented evidence of their status to certain new asylees and lawful permanent residents upon our receiving notification that an immigration judge [IJ] or the Board of Immigration Appeals (BIA) has granted status.” USCIS said that by providing this evidence, “we can help ensure that new asylees and lawful permanent residents may seek employment, travel, and obtain other benefits they are entitled to,” USCIS said.

USCIS also said its field offices may now be able to provide this documentation by mail instead of having asylees and lawful permanent residents schedule an in-person appointment. USCIS began this effort in August 2022 by mailing Form I-94, Arrival/Departure Record, with asylee stamps to certain individuals who have been granted asylum by an IJ or the BIA. USCIS also has been issuing Permanent Resident Cards (green cards) to some lawful permanent residents when the agency is notified that the IJ or BIA has granted adjustment of status.

USCIS still instructs individuals granted asylum and lawful permanent resident status to contact the USCIS Contact Center to request proof of status because USCIS may not be notified in every case.
See more information here:: https://www.uscis.gov/newsroom/alerts/uscis-providing-documents-after-notice-of-immigration-judge-and-bia-decisions-about-immigration

All immigrant visa applicants aged 16 years or older must submit a police certificate from their current country of residence and/or nationality if they have lived there for six months or more. Police certificates are also required from all other countries where the applicant has resided for at least one year (except the U.S.).

Fiance visa applicants, in addition to supplying a police certificate from the present place of residence, must also present police certificates from any place or places of residence for 6 months or more since attaining the age of 16.

A police certificate must also be obtained from the police authorities of any place where the applicant has been arrested for any reason, regardless of how long he or she lived there. Police certificates must cover the entire period of the applicant’s residence in any area. A certificate issued by the police authorities where you now reside must be of recent date when presented to the consular officer. Currently, certificates are valid for 24 months (2 years) from the date of issuance.

Police certificates from certain countries are considered unobtainable. To determine which countries’ certificates are unobtainable, please check the State Department’s pages on Visa Reciprocity. If specific questions arise regarding police certificates, please consult our Immigrant Visa Unit.

NEW

Police Certificate from Belarus
The procedure for providing information about offenses to individuals by submitting electronically an application
Request submission at: https://mvd.gov.by/ru/page/informacionnyj-centr/poryadok-predostavleniya-svedenij-o-pravonarusheniyah-fizicheskim-licam-posredstvom-elektronnoj-podachi-zayavleniya .
The procedure for providing information about offenses to individuals is held in accordance with the Decree of the Council of Ministers of the Republic of Belarus dated July 20, 2006 No. 909 “On Approval of the Regulations on the Procedure for the Functioning of the Unified State System for Registration and Accounting of Offenses”.
By submitting an application, an individual can request information about offenses in the form оf an extract from the Unified State Database on Offenses (hereinafter referred to as the UGBDP) only in relation to himself after registering in the personal account and paying for the service through the ERIP system (mobile Internet banking, postal office and banks).
If the information is incorrectly indicated in the application, the applicant is notified about the refusal of providing the requested information about the offenses.
The extract will contain information about the personal data of the individual specified while filling in the application, as well as the amount of information requested and information on the presence (absence) of information requested in relation to him about offenses committed on the territory of the Republic of Belarus:
– the presence (absence) of criminal record;
– the presence of criminal prosecution carried out against an individual;
– bringing to administrative responsibility, if, in accordance with Articles 4.9 and 9.6 of the Code of the Republic of Belarus on Administrative Offenses, a person is considered to have been subjected to an administrative penalty;
– or the absence of the information requested by the applicant is confirmed in the EGBDP.
Upon the request of the applicant, information may be indicated regardless of the cancellation (removal) of a criminal record, termination of criminal prosecution, expiration of the period provided for in Articles 4.9 and 9.6 of the Code of the Republic of Belarus on Administrative Offenses, about which appropriate marks are made in the application.
If an extract is needed to obtain a US visa, the application must contain the marks “on the presence (absence) of a criminal record, prosecution” and “including information, regardless of the cancellation (removal) of a criminal record, termination of criminal prosecution.”
Court and Prison Records
Persons who have been convicted of a crime must obtain a certified copy of each court record and any prison record, regardless of the fact that he or she may have subsequently benefited from an amnesty, pardon or other act of clemency.
Court records should include complete information regarding the circumstance surrounding the crime of which the applicant was convicted, and the disposition of the case, including sentence or other penalty or fine imposed. All court records, including Polish court records, should be translated into English.

Briefly in Russian:

Новая справка из милиции из Беларуси

С 20 января 2023 требуется справка об отсутствии судимостей из Беларуси нового образца. Немного изменились формулировки в тексте справки.

Важно получить справку в которой указано, что это ВСЕ СВЕДЕНИЯ О ПРЕСТУПЛЕНИЯХ.
В справке должно быть написано, что
СУДИМОСТЕЙ НЕ ИМЕЕТ.
СВЕДЕНИЙ О ПРЕСТУПЛЕНИЯХ НЕ СОДЕРЖИТСЯ.

Это включает в себя и те, которые были погашены.

​Помните, что нужно указать все имена и фамилии, которыми вы пользовались (девичья фамилия, фамилии по предыдущим бракам и т.п).

Справка может быть заказана лично или онлайн. Обновленная информмация о получении справки из Беоаруси по линку тут.

Filing Tips for Supporters and Beneficiaries of
Uniting for Ukraine and the
Processes for Cubans, Haitians, Nicaraguans, and Venezuelans

​U.S. Citizenship and Immigration Services (USCIS) is receiving many duplicate filings of Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, and related inquiries to our Contact Center. These tips will help you properly submit Form I-134A as well as correct any errors you discover after you submit it.
Duplicate Filings of Form I-134A
Some potential supporters are filing multiple Forms I-134A for the same beneficiary. This adds to our workload, which delays processing. Please do not file more than one Form I-134A for the same beneficiary as this may delay processing of the beneficiary you are agreeing to support. Please understand that it may take some time to process your request. If you have not received a decision on a Form I-134A you filed on behalf of a beneficiary, the best way that you can check your case status is through your USCIS online account. Do not file another Form I-134A for that beneficiary until you receive a decision on the first Form I-134A filed.
Potential supporters who wish to support more than one beneficiary must file one Form I-134A for each beneficiary. Do not submit duplicate Forms I-134A for the same beneficiary.
How to Check Case Status
After you file Form I-134A with USCIS, we will send you a receipt notice to indicate that we received your request. Please remember that processing of your Form I-134A may take some time, however, we are working on your request as quickly as we can. To get up-to-date information about a case, enter the receipt number (which begins with IOE) into Case Status Online at uscis.gov/casestatus. As mentioned above, you can also get case status in your USCIS online account.

Which Form to Use
As of Jan. 6, 2023, potential supporters must use the new Form I-134A, instead of Form I-134, Declaration of Financial Support. If you submitted Form I-134 online before Jan. 6, 2023, we will continue to process your case; you do not need to file a new form.

How to Avoid Delays
We are receiving many Forms I-134A with multiple typos and errors.

• If you wish to be a supporter, review all the information on Form I-134A before you submit it. Common mistakes include: misspelling the beneficiary’s name; incorrect dates of birth; incorrect passport numbers; and incorrect email addresses.
• If USCIS confirms your Form I-134A, which means USCIS has approved your request to be a supporter, and the beneficiary’s email address is incorrect, they will not receive the email with instructions to set up their online account, verify their biographical information, and complete other next steps to be considered for parole. It is important for supporters to enter the correct email address for the beneficiary, otherwise, they would need to contact USCIS to request a correction to the email address they entered for the beneficiary, causing additional delays.
• If you are a beneficiary, carefully review all the information your supporter entered about you before you submit your biographical information to U.S. Customs and Border Protection (CBP). Check for misspellings in your name, incorrect date of birth, or mistyped passport number. Any typographical errors in what you submit to CBP can delay your application.

How to Correct Mistakes on Form I-134A
We have added a new section to our frequently asked questions pages for Uniting for Ukraine and the Processes for Cubans, Haitians, Nicaraguans, and Venezuelans that explains how to correct mistakes on a Form I-134A. If there is an error on your Form I-134A, you should submit a secure message through your USCIS online account to notify us of the error.
Tip: Do not call the USCIS Contact Center to correct an error on a Form I-134A you filed unless you are unable to correct the error through your online account.
For more information about Uniting for Ukraine, visit uscis.gov/ukraine. For more information about the Processes for Cubans, Haitians, Nicaraguans, and Venezuelans, visit uscis.gov/chnv.

​Additional answers.