Immigration Blog Luba Smal Attorney at Law - Smal Immigration Law Office

Temporary Waiver of a 60-day Rule for Medical Exam I-693 from 12-09-2021 until 09-30-2022

12/9/2021

USCIS is temporarily waiving the requirement that the civil surgeon sign the medical exam Form I-693, Report of Medical Examination and Vaccination Record, no more than 60 days before an applicant files an application for the underlying immigration benefit (including Form I-485, Application to Register Permanent Residence or Adjust Status).

This temporary rule is effective December 9, 2021 until September 30, 2022, and applies to all Forms I-693 associated with applications for underlying immigration benefits that have not been adjudicated, regardless of when the application was submitted or when the Form I-693 was signed.

This temporary waiver will help applicants who have been affected by the COVID-19 pandemic and related processing delays, which have sometimes caused delays in completing the immigration medical examination. Temporarily allowing applicants to submit their underlying application for an immigration benefit with a completed Form I-693, even if the civil surgeon signed more than 60 days prior, will allow individuals to complete the application process without the need to undergo another immigration medical examination if Form I-693 is otherwise valid.

In Russian:

С 9 декабря 2021 по 30 сентября 2022 временно отменено правило о том, что медосмотр должен быть подписан врачем в течение 60 дней перед подачи заявлений в USCIS. Это временное правило относится ко всем заявлениям, вне зависимости от того, когда они были поданы и когда были подписаны врачем. Срок действия до 30 сентября 2022.

USCIS Policy Update dated 12/09/2021 is published here.

Effective November 8, 2021, COVID-19 Vaccination is Required for Nonimmigrants Visitors to USA

11/2/2021

On October 25, 2021, the President issued a Proclamation to suspend and limit entry into the United States for non-U.S. citizens who are nonimmigrants seeking to enter the United States by air travel and are not fully vaccinated against COVID-19.

On the same day, CDC issued an Order to implement the President’s direction. The Proclamation and CDC’s Order do not apply to U.S. citizens, U.S. nationals, U.S. lawful permanent residents, and immigrants. The Proclamation and Order also do not apply to air crew members under certain circumstances. For more information, including exceptions, see Presidential Proclamation and Frequently Asked Questions below.
What You Need to Know

If you are a non-U.S. citizen who is a nonimmigrant (not a U.S. citizen, U.S. national, lawful permanent resident, or traveling to the United States on an immigrant visa), you will need to show proof of being fully vaccinated against COVID-19 before you travel by air to the United States from a foreign country.
Some categories of noncitizen, nonimmigrants are excepted from this requirement. If you meet the criteria for one of these categories, you will need to fulfill additional requirements to travel by air to the United States.
At this time, all air passengers ages 2 or older, regardless of citizenship or vaccination status, must show a negative result of a COVID-19 viral test or documentation of recovery from COVID-19 before they board a flight to the United States. For more information about these testing requirements, visit Requirement for Proof of Negative COVID-19 Test or Documentation of Recovery from COVID-19.

Immigrants:
The Presidential Proclamation and CDC’s Order do not apply to immigrants. People applying to enter the United States as immigrants (with exceptions) are required to have a medical examination that includes a COVID-19 vaccination requirement before they are issued an immigrant visa.

Noncitizen, Nonimmigrants:
Noncitizens who are nonimmigrants and seeking to enter the United States by air are required to show proof of being fully vaccinated against COVID-19 before boarding a flight to the United States from a foreign country.
If you are not fully vaccinated against COVID-19, you will NOT be allowed to board a flight to the United States, unless you meet the criteria for an exception under the Proclamation and CDC’s Order.

Categories of noncitizen nonimmigrants that meet the criteria for an exception under the Proclamation and CDC’s Order include:

Persons on diplomatic or official foreign government travel
Children under 18 years of age
Persons with documented medical contraindications to receiving a COVID-19 vaccine
Participants in certain COVID-19 vaccine trials
Persons issued a humanitarian or emergency exception
Persons with valid visas [excluding B-1 (business) or B-2 (tourism) visas] who are citizens of a foreign country with limited COVID-19 vaccine availability
Members of the U.S. Armed Forces or their spouses or children (under 18 years of age)
Sea crew members traveling with to a C-1 and D nonimmigrant visa
Persons whose entry would be in the national interest, as determined by the Secretary of State, Secretary of Transportation, or Secretary of Homeland Security (or their designees)

If you travel by air to the United States under one of these exceptions, you will be required to attest that you are excepted from the requirement to present Proof of Being Fully Vaccinated Against COVID-19 based on one of the exceptions listed above. Based on the category of the exception, you may further be required to attest that:

You will be tested with a COVID-19 viral test 3–5 days after arrival in the United States, unless you have documentation of having recovered from COVID-19 in the past 90 days;
You will self-quarantine for a full 7 days, even if the test result to the post-arrival viral test is negative, unless you have documentation of having recovered from COVID-19 in the past 90 days; and
You will self-isolate if the result of the post-arrival test is positive or if you develop COVID-19 symptoms.

Based on the category of the exception, if you intend to stay in the United States for longer than 60 days you may additionally be required to attest that

You agree to be vaccinated against COVID-19; and
You have arranged to become fully vaccinated against COVID-19 within 60 days of arriving in the United States, or as soon thereafter as is medically appropriate, unless (for children) you are too young to be vaccinated.

A parent or other authorized person should attest on behalf of a passenger under 18 years old. An authorized person may attest on behalf of any passenger who is unable sign their own attestation (e.g., because they are too young, or because of physical or mental impairment).
If you are a noncitizen nonimmigrant and are fully vaccinated, make sure your vaccine and proof of vaccination are acceptable to board a flight to the United States.

What are acceptable Covid-19 vaccines and what is acceptable proof of vaccination? Read here.

List of acceptable COVID-19 vaccines include:

Pfizer-BioNTech
Moderna
AstraZeneca
Covishield
BIBP/Sinopharm
Sinovac
Janssen/J&J

Russian Sputnik COVID-19 vaccine is not considered an acceptable vaccine for the purpose of travel to the United States.
Russia is not included into the list of exempt countries.

Read information in Russian at Rubic here.

С 8 ноября 2021 только полностью вакцинированные туристы и другие не-иммигранты смогут приехать в США. В списке утвержденных вакцин нет российского “Спутника”. Это представляет проблему для граждан России и Беларуси и некоторых других.

Information at the US Department of State website.

Information at the CDC website.

Russian Citizens Designated Homeless Nationals and Immigrant Visas to be Processed in Poland

10/21/2021

9 FAM 504.4 (b) (U) was updated on 10/21/2021 to state that all Immigrant Visa cases designated for Moscow, Russia will be transferred to Warsaw, Poland for consular processing.

Along with Somalians, Yemenis, Cubans, Iranians and a few others - Russian citizens were designated as homeless nationality. Immigrant visa cases for Russia designated as homeless cases.

Now, all those IV cases pending interview will be scheduled for a visa interview at the US embassy in Warsaw, Poland.

More details and clarifications from the Department of State and USCIS to follow this announcement.

Briefly in Russian:

21 октября 2021 закон был изменен и российские граждане ожидающие интервью на визу в США были квалифицированы как "лица без гражданства", и дела по иммиграционным визам россиян как дела лиц без гражданства.

Наравне с гражданами таких стран как Сомалия, Иран, Куба и некоторые другие, которые также признаны лицами без гражданства в целях получения иммиграционных виз в США - дела по выдаче иммиграционных виз граждан России будут рассматриваться за пределами России, а именно в американском посольстве в Варшаве Польше.

Детали и инструкции должны быть опубликованы скоро.

9 FAM 504.4-8(E)(1)  (U) Definition of Homeless Cases
(CT:VISA-1398;   10-21-2021)
a. (U) Generally, a homeless visa applicant is one who is a national of a country in which the United States has no consular representation or in which the political or security situation is tenuous or uncertain enough that the limited consular staff is not authorized to process IV applications. Countries whose nationals are considered homeless are listed in paragraph b below.
b. (U) List of Homeless Nationalities:
HOMELESS NATIONALITIES
SELECTED IV PROCESSING POSTS
Cubans - Georgetown
Eritreans - Addis Ababa and Nairobi
Iranians - Abu Dhabi, Ankara, and Yerevan
Russians - Warsaw
Libyans - Tunis
Somalis - Nairobi
South Sudanese - Nairobi
Syrians - Amman, Beirut (For Palestinians with Syrian Travel Documents)
Venezuelans - Bogota
Yemenis - Djibouti

9 FAM 504.4-8(E)(2)  (U) Location of Homeless Applicant
(CT:VISA-1;   11-18-2015)
a. (U) Homeless Physically Present in the United States: Applicants residing in the United States may elect to apply for adjustment of status with Department of Homeland Security (DHS) under the provisions of INA 245(i), and thus rarely require visa processing abroad.
b. (U) Homeless Physically Present in a Third Country: Homeless applicants residing in a third country are processed at the same IV processing post as are nationals of that country. Posts must accept for processing any IV applicant who is physically present in their consular district, provided the applicant has the permission of the host government to remain there legally for a period sufficient to complete processing of the application. This does not include persons who have been determined not to be refugees, and who are subject to return to their country of origin.
c. (U) Homeless Physically Present in Home Country: The Visa Office (VO) has designated specific posts to process IV applications from these homeless applicants. (See 9 FAM 504.4-8(E)(1) above for a list of nationalities considered homeless and the posts selected to process such cases.)
9 FAM 504.4-8(E)(3)  (U) Processing Homeless Cases
(CT:VISA-986;   12-18-2019)
(U) The National Visa Center (NVC) will screen and assign all petitions for homeless beneficiaries to the appropriate post for processing. The original post code will be maintained in instances where that benefits operations at NVC and post.

https://fam.state.gov/fam/09FAM/09FAM050404.html

DV-2023 Green Card Lottery Period: October 6 2021 to November 9 2021

10/1/2021

DV-2023 Program: Online Registration will begin on Wednesday, October 6, 2021 at 12:00 noon, Eastern Daylight Time (EDT) (GMT-4), and concludes on Tuesday, November 9, 2021 at 12:00 noon, Eastern Standard Time (EST) (GMT-5).

Individuals who submit more than one entry during the registration period will be disqualified.
DV-2023 Program Instructions:

Announcement:
https://travel.state.gov/content/travel/en/us-visas/immigrate/diversity-visa-program-entry/diversity-visa-instructions.html

Instructions for the DV-2023 lottery are here:
https://travel.state.gov/content/dam/visas/Diversity-Visa/DV-Instructions-Translations/DV-2023-Instructions-Translations/DV-2023-Instructions-English.pdf

The only official website where entries can be submitted is the U.S. Department of State website:
https://dvprogram.state.gov/

If you need help or have questions or want to schedule a consultation with an immigration attorney, please email at [email protected]

Response to RFE, NOID extended by 60 Days Until January 15 2022

9/24/2021

In response to the coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services is extending the flexibilities it announced on March 30, 2020, to assist applicants, petitioners and requestors who are responding to certain:

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; 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 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 60 calendar days from the issuance of a decision we made; and
We made that decision anytime from March 1, 2020, through Jan. 15, 2022

Notice/Request/Decision Issuance Date:
This flexibility applies to the above documents if the issuance date listed on the request, notice or decision is between March 1, 2020, and Jan. 15, 2022, inclusive.
Response Due Date:
USCIS will consider a response to the above requests and notices received within 60 calendar days after the response due date set in the request or notice before taking any action. Additionally, we will consider a Form N-336 or Form I-290B received up to 60 calendar days from the date of the decision before we take any action.
Please visit uscis.gov/coronavirus for USCIS updates.

New COVID-19 Rules for International Travel to USA Effective November 2021

9/21/2021

New COVID rules for international flights impact foreign tourists as well as the U.S. citizens and permanent residents returning to the United States.

The Biden administration is rolling out new international travel policies affecting Americans and noncitizens alike who want to fly into the U.S. The goal is to restore more normal air travel after 18 months of disruption caused by COVID-19. New travel policies will take effect in November 2021.

What is the new policy in a nutshell?
All adult foreign nationals traveling to the U.S. will be required to be fully vaccinated before boarding their flight. This is in addition to the current requirement that travelers show proof of a negative COVID-19 test taken within 72 hours of departure to the U.S.
Once the vaccination requirement is put in place, the White House will ease all the country-specific restrictions on international travel that have prevented non-citizens who have been in the United Kingdom, European Union, China, India, Iran, Republic of Ireland, Brazil or South Africa in the prior 14 days from entering the U.S.

How does this affect Americans?

Fully vaccinated Americans will only need to show proof of a negative COVID-19 test taken within 72 hours of departure to the U.S.

What about unvaccinated Americans?

U.S. citizens and permanent residents who are not fully vaccinated will still be able to fly to the U.S., but they will see tougher testing and contact tracing protocols. They will need to be tested within 24 hours of boarding a flight to the U.S., as well as undergo testing upon return to the country. It remains to be seen, though, how the federal government will enforce the testing requirement upon return.

Are unvaccinated children exempt from US entry rules?
Unvaccinated children of U.S. citizens and foreign nationals will be subject to the stricter new testing requirements. Today, children ages 2 and older boarding international flights to the United States must show proof of a negative test taken three days before boarding.
White House officials say limited exemptions for children may be added, but no decisions have been made.

What is CDC contact tracing and how will it affect US-bound airline passengers?
The new U.S. entry rules also call for a "strong contract tracing system."
Airlines will be required to collect personal information including a phone number and email from U.S.-bound travelers, whether American citizens or foreign nationals. They will be required to keep that information for 30 days in case a passenger is exposed to someone with COVID-19.
The CDC is going to issue a contract tracing order that will require airlines to request comprehensive information for every passenger coming to the United States and to provide that information promptly to the CDC upon request.

Will passengers on international flights to the US have to quarantine when they arrive?
No. The CDC does recommend, however, that unvaccinated Americans who travel internationally self-quarantine for seven days, even if they test negative for the coronavirus when they return home.

What about travel over land borders?
The administration's restrictions on crossing land borders from Mexico and Canada into the U.S. are to remain unchanged for now. That means that in some cases fully vaccinated people from the two American neighbors will soon be able fly to the U.S., but may not be able to make the same journey by car.

Which vaccines are acceptable?
The CDC says the U.S. will accept full vaccination of travelers with any COVID-19 vaccine approved for emergency use by the World Health Organization, including those from Pfizer, Moderna and Johnson & Johnson used in the U.S. Other vaccines are also approved by the WHO and used widely around the world, including from AstraZeneca and China’s Sinovac, with varying degrees of effectiveness against COVID-19 and its more transmissible delta variant. The WHO is reviewing Russia’s Sputnik V vaccine but hasn’t approved it.

Read more here.

I-751 Petition to Remove Conditions Receipt Validity Extended to 24 Months

9/3/2021

Starting September 4, 2021, USCIS is extending the time that receipt notices can be used to show evidence of status from 18 months to 24 months for petitioners who properly file Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status.

USCIS made the change from 18 to 24 months to accommodate current processing times for Form I-751 and Form I-829, which have increased over the past year.
Conditional permanent residents who properly file Form I-751 or Form I-829 will receive a receipt notice that can be presented with their Form I-551, Permanent Resident Card (also known as a Green Card), as evidence of continued status for up to 24 months past the expiration date on their Green Card, while their case remains pending with USCIS.
Additionally, USCIS will issue new receipt notices to eligible conditional permanent residents who properly filed their Form I-751 or Form I-829 before Sept. 4 and whose cases are still pending. Those receipt notices will also serve as evidence of continued status for 24 months past the expiration date on their Green Card.

Briefly in Russian:

Начиная с 4 сентября 2021, USCIS будет выдавать официальные Receipt Notices, Forms I-797, петиционерам, подавшим петицию I-751 на снятие условностей с грин карты, и продляющие срок действия истекшей грин карты на 24 месяца (до сих пор это было 18 месяцев).
Это нововведение вызвано тем, что сроки рассмотрения петиций замедлились и порой занимают более 2-х лет.
Если ваша петиция была подана до 4 сентября 2021 и все еще на рассмотрении, то вы получите новый Receipt, с новой датой продления на 24 месяца вместо 18 месяцев.

COVID-19 Vaccine Required for Immigrants Effective October 1, 2021

9/3/2021

Effective October 1, 2021, with few exceptions, those applying for permanent residence (green card) must be vaccinated against COVID-19. Covid-19 was classified by the CDC as a “Class A inadmissible condition”. The new vaccine requirements apply to foreign nationals applying for adjustment of status in the United States (filing Form I-485) when completing the I-693 medical examination with a designated USCIS civil surgeon. It also applies to foreign nationals applying for an immigrant visa or refugee status at a US consulate and undergoing a medical examination with a panel physician.

Regarding the I-485, the CDC said that the applicant “must complete the COVID-19 vaccine series and provide documentation of vaccination to the civil surgeon in person before completion of the medical examination.” The COVID-19 vaccination requirement differs from previous requirements in that “the entire vaccine series (1 or 2 doses depending on formulation) must be completed in addition to the other routinely required vaccines. COVID-19 vaccinations can now be given at any time, without regard to the timing of other vaccinations.” Acceptable vaccines include Pfizer-BioNTech, Moderna, and Johnson & Johnson.
Panel physicians in countries outside the US may accept vaccines authorized for emergency use or approved by the US Food and Drug Administration or vaccines listed for emergency use by the World Health Organization. In addition to the three vaccines used in the US, the WHO lists many other vaccines used outside the US such as AstraZeneca, Covishield and Covaxin, Sputnik, Sinopharm and Sinovac, among others.
Waivers are available. Applicants may also apply for an individual waiver on religious or moral grounds.
Until now, even if a country was subject to a Covid ban, one applying for an immigrant visa is exempted from the ban.
US citizens, permanent residents and noncitizens with US citizen or permanent resident children are exempted from the ban. So are those who can obtain national interest exception waivers on a variety of grounds.
Applicants that do not qualify for an exemption or waiver to this policy and refuse one or more doses of a COVID-19 vaccine series will be deemed inadmissible to the United States and denied a green card.
Read more here.

Help and Resources for People Evacuating from Afghanistan August 2021

8/24/2021

Update from the USA embassy in Afghanistan.
"U.S. government-provided flights are departing Kabul and will continue until the evacuation operation is complete. U.S. citizens, lawful permanent residents (LPRs), and their spouses and unmarried children (under age 21) should consider travelling to Hamid Karzai International Airport when you judge it is safe to do so. The U.S. government cannot ensure safe passage to the airport.
We are processing people at multiple gates. Due to large crowds and security concerns, gates may open or close without notice. Please use your best judgment and attempt to enter the airport at any gate that is open."
"U.S. Citizens and Legal Permanent Residents:
U.S. citizens seeking assistance to depart Afghanistan should utilize this link: Repatriation Assistance Request (https://forms.office.com/pages/responsepage.aspx... )or in an emergency, call 1-888-407-4747 (U.S. Canada) or +1-202-501-4444 (overseas). Legal permanent residents (LPRs) and spouses and minor children of U.S. citizens in Afghanistan who are awaiting immigrant visas should also complete this form.
Non-U.S. Citizens or Legal Permanent Residents:
The United States is also taking every available measure to assist Afghans who are at risk, particularly those who worked for or with the United States or have supported international efforts, and has established mechanisms to help Afghans at risk receive protection from potential retaliation or harm.
The two key mechanisms to support Afghans who are at risk because of their affiliation with the United States are the Special Immigrant Visa (SIV) program and priority referrals to the U.S. Refugee Admissions Program (USRAP).
Special Immigrant Visa Applicants:
Afghan SIV Program Update
The Emergency Security Supplemental Appropriations Act, 2021, as enacted on July 30, 2021, authorized 8,000 additional Special Immigrant Visas (SIVs) for Afghan principal applicants, for a total of 34,500 visas allocated since December 19, 2014. The Department of State’s authority to issue SIVs to Afghan nationals under section 602(b) of the Afghan Allies Protection Act of 2009, as amended, will continue until all visa numbers allocated under the Act are issued.
Additional information on the Special Immigrant Visa (SIV) program is available at https://travel.state.gov/.../special-immg-visa-afghans....
For additional questions related to the U.S. Refugee Admissions Program, please contact [email protected].
U.S. Refugee Admissions Program:.. read more at
https://af.usembassy.gov/afghanistan-inquiries/
https://www.state.gov/afghanistan-inquiries/

Additional resources:

Here are some useful resources assembled by several groups assisting in evacuations from Afghanistan. August 2021.

1) Find help by country:
https://www.helpafghansnow.info/i-need-help/
2) Leaving Afghanistan by-country resources.
For example, for those with SIV to the USA:
https://seirmprod.servicenowservices.com/kra
[email protected]
1-603-334-0828
For emergencies, call +1-202-501-4444 [email protected]
+1-888-407-4747
+1-703-693-0799
3) Exit SOS Afghanistan:
http://exitsos.com/
4) Visas information by-country: https://visasforafghans.net/wiki/index.php/Main_Page
5) Google Drive resources:
https://drive.google.com/drive/u/0/folders/1G4IZPBNMgb4ybmAtqThWyWRcu2XPRZ0-?fbclid=IwAR3cF2Pj53Nqgp7F6jQZwqzKlCBSRxU_7il7SXwlmo9ETALFuvQVG6rlfS4

Applicants for Change of Status to F-1 Student No Longer Need to Submit Applications to 'Bridge the Gap'

8/6/2021

This is very welcome news! Applicants for Change of Status to F-1 Student No Longer Need to Submit Subsequent Applications to 'Bridge the Gap'.

USCIS announced on July 20, 2021, new policy guidance that eliminates the need for individuals who have applied for a change of status to F-1 student (USCIS Form I-539) to apply to change or extend their nonimmigrant status while their initial F-1 change of status application is pending.

Under the previous policy, applicants needed to maintain status up to 30 days before the program start date listed on their Form I-20, Certificate for Eligibility for Nonimmigrant Student Status, which required them to file extensions, or an initial change of status and subsequent extensions ensuring that they would not have a “gap” in status, USCIS explained.

To prevent a gap in status, USCIS said it will grant the change of status to F-1 effective the day the agency approves an applicant’s Form I-539, Application to Extend/Change Nonimmigrant Status. If USCIS approves an application more than 30 days before the student’s program start date, the student must not violate F-1 status during that time. An example of a violation, USCIS said, “would be engaging in employment, including on-campus employment, more than 30 days before the program start date as listed on their Form I-20.”
USCIS said it is revising the Form I-539 instructions to reflect these changes.
Read more at:

USCIS alert, July 20, 2021, https://www.uscis.gov/news/alerts/applicants-for-change-of-status-to-f-1-student-no-longer-need-to-submit-subsequent-applications-to
“Policy Change to Benefit Children of H-1B Visa Holders in the U.S.,” Economic Times, July 22, 2021, https://economictimes.indiatimes.com/nri/migrate/policy-change-to-benefit-children-of-h-1b-visa-holders-in-the-us/articleshow/84607555.cms?from=mdr

RFE Response Period Extended by Additional 60 Days

6/24/2021

In response to the coronavirus (COVID-19) pandemic, USCIS is extending the flexibilities it announced on March 30, 2020, to assist applicants, petitioners and requestors who are responding to certain requests from USCIS:

RFE, Requests for Evidence;
Continuations to Request Evidence (N-14);
NOID, Notices of Intent to Deny;
NOIR, Notices of Intent to Revoke;
NOIR, Notices of Intent to Rescind;
Notices of Intent to Terminate regional centers; 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 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 60 calendar days from the issuance of a decision we made; and
We made that decision anytime from March 1, 2020, through Sept. 30, 2021

Notice/Request/Decision Issuance Date:
This flexibility applies to the above documents if the issuance date listed on the request, notice or decision is between March 1, 2020, and Sept. 30, 2021, inclusive.
Response Due Date:
USCIS will consider a response to the above requests and notices received within 60 calendar days after the response due date set in the request or notice before taking any action. Additionally, we will consider a Form N-336 or Form I-290B received up to 60 calendar days from the date of the decision before we take any action.

Briefly in Russian:

В связи с пандемией COVID-19, USCIS продлило срок для ответа на их запросы на 60 дней. Продление относится к запросам, датированным после 1 марта 2020 и по 30 сентября 2021.

See here.

Vermont Service Center New Address

6/14/2021

Effective June 14, 2021, the Vermont Service Center will no longer receive any incoming mail at the St. Albans, VT facility, which is being decommissioned.
Mail sent to the previous addresses will be forwarded for one year, but any mail sent to the previous addresses after June 2022 may be returned to the sender by the United States Postal Service or the courier service used.
New Address effective date 06-14-2021:
Premium Processing Mail
Premium Processing Service
USCIS Vermont Service Center
30 River Road
Essex Junction, VT 05452-3808

H-1B Cap Mail
USCIS Vermont Service Center
38 River Road
Suite 1000
Essex Junction, VT 05479-0001

All Other Mail
USCIS Vermont Service Center
38 River Road
Essex Junction, VT 05479-0001

USCIS New U Visa Policy to Assist Victims of Crime

6/14/2021

The policy update will help provide stability to U Visa Petitioners supporting law enforcement efforts to investigate and prosecute crimes
U.S. Citizenship and Immigration Services is updating the USCIS Policy Manual to implement a new process, referred to as Bona Fide Determination, which will give victims of crime in the United States access to employment authorization sooner, providing them with stability and better equipping them to cooperate with and assist law enforcement investigations and prosecutions.
“This Bona Fide Determination process will allow U visa petitioners to work while they remain safely in the United States, providing valuable support to law enforcement to detect, investigate, or prosecute the serious crimes they have survived or witnessed.”
Through this new process, USCIS will issue employment authorization and grant deferred action to petitioners in the United States with pending U visa petitions that it determines are bona fide (made in good faith and without intention of deceit or fraud) and who merit a favorable exercise of discretion. To be considered bona fide, the petition must include a certification from law enforcement that the petitioner was a victim of a crime and that the victim has been, is being, or is likely to be helpful in the investigation or prosecution of that crime.
Congress has capped the number of principal U visas available each fiscal year at 10,000, but since 2010 USCIS has received more than 10,000 U visa petitions each year. As a result of this high case volume, U visa petitioners now wait approximately five years before receiving a determination that allows them access to an employment authorization document and deferred action. This wait time not only leaves these individuals vulnerable to financial instability and fear of deportation, but it also can disincentivize victims from coming forward and cooperating with law enforcement. Through this policy update, victims with pending bona fide petitions will receive the stability they need as they rebuild their lives while working with law enforcement to investigate and prosecute criminal activity. This increase in victim cooperation will further fortify law enforcement’s ability to protect communities throughout the United States.  

USCIS will deem a petition bona fide if:

The principal petitioner properly filed Form I-918, including Form I-918B U Nonimmigrant Status Certification;
The principal petitioner properly filed a personal statement from the petitioner describing the facts of the victimization; and
The result of the principal petitioner’s biometrics has been received.

USCIS will issue employment authorization and deferred action if, after conducting and reviewing background checks, the agency determines, in its discretion, that petitioners merit a favorable exercise of discretion and do not pose a risk to national security or public safety.
This guidance is effective immediately and applies to all Form I-918 and Form I-918A petitions that are currently pending or filed on or after June 14, 2021.
Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000.

USCIS Updated COVID-19 Visitor Policy

5/30/2021

COVID-19 Update from USCIS:
May 27, 2021: IF YOU ARE FULLY VACCINATED

Due to updated guidance from the CDC, USCIS has updated its visitor policy. (USCIS Visitor Policy). Fully vaccinated individuals no longer have to wear a face covering. Individuals two years old and older who are not fully vaccinated must still wear a face covering.

To be considered fully vaccinated, it must be at least two weeks after receiving a second dose in a two-dose series or at least two weeks after receiving a dose of a single-dose vaccine.

USCIS has eased other requirements for fully vaccinated individuals who do not have COVID-19 symptoms.

Those who have returned from domestic air, international air or cruise ship travel in the past 10 days may enter USCIS facilities if they are fully vaccinated. Individuals who have been in close contact (within six feet for a total of 15 minutes or more) with anyone known to have COVID-19 in the previous 14 days may also enter USCIS facilities if they are fully vaccinated. Healthcare workers who consistently wear an N95 respirator and proper personal protective equipment or equivalent when in contact with COVID-19 positive individuals continue to be exempt from reporting close contact.

In DHS-controlled spaces, this guidance supersedes state, local, tribal, or territorial rules and regulations regarding face coverings.

For more information, see USCIS Policy.

What to do if you are selected as a Winner in the DV or Green Card Lottery?

5/30/2021

DV Lottery: What to do if you are selected as a winner in the DV or Green Card Lottery?

Selected entrants are encouraged to complete the online DS-260 application immediately to schedule an interview appointment at the appropriate U.S. Embassy or Consulate.

Please note: The Department of State will not mail notification letters or notify selectees by email. U.S. embassies and consulates will not provide a list of selectees. Entrant Status Check on the E-DV website is the ONLY means by which the Department of State notifies selectees of their selection.

If you receive notification through the Electronic Diversity Visa (E-DV) website that you have been selected for further processing in the Diversity Immigrant Visa (DV) Program, you must successfully complete the steps on the following pages before a consular interview can be scheduled to determine if you will receive a visa. You should complete these steps as soon as possible.

If you receive notification through the E-DV website that you have been selected for further processing in the DV Program, and you are physically present in the United States, you may be eligible to adjust status to obtain permanent residence through the DV Program. For more information, see Adjustment of Status. Consult an attorney to see if you are eligible for adjustment of status.

DV visa fee payment instructions are here.

It is important to remember that selection does not guarantee you will receive a visa. In order to receive a DV to immigrate to the United States, selectees must still meet all eligibility requirements under U.S. law.

The only site where you can enter into DV lottery and later check the results is https://dvlottery.state.gov/

Read more about the DV process here.

Read about Adjustment of status here.

Can I enter the USA on a student F1 visa 3 months before the start of my college program?

5/20/2021

Q: Can I enter the USA on a student F-1 visa 3 months before the start of my college program?
Могу ли я въехать в США по студенческой визе за 3 месяца до начала учебы в колледже?

A: No, you can't be admitted to the USA more than 30 days in advance. Student (F and M) visas for new students can be issued up to 120 days in advance of the start date for a course of study. However, students on F or M visas are not permitted to enter the United States earlier than 30 days before the start date of their program.

If you wish to enter earlier than 30 days before your start date, you must separately apply and qualify for a visitor (B) visa.

After you are admitted to the United States in visitor (B) visa status, you must separately apply to USCIS for a change of status to student (For M) status prior to the start of your program. You may not begin your course of study until the change of status is approved, and you may encounter lengthy processing times. Change of status can take a long time.

In alternative, if you have a F1 visa, you can depart the United States and re-enter on your student (F or M) visa.

Ответ: Нет, вы не можете въехать за 3 месяца, а только не более чем за 30 дней до начала учебы, если вы новый студент. Но вы можете получить гостевую B визу и въехать по ней, а затем либо делать смену статуса в США через USCIS (что может занять длительное время) или выехать из США и въехать перед началом учебы, если у вас в паспорте есть действительная студанческая виза.

https://travel.state.gov/content/travel/en/us-visas/study/student-visa.html

US to Recognize Citizenship of Married Couples’ Children Born Abroad to Same-Sex Couples, via IVF, Surrogate

5/19/2021

On May 18, 2021, the U.S. State Department announced that it will recognize the U.S. citizenship of a married couple’s child who is born outside the country if one of their parents is an American citizen. Same-sex married couples or children born via surrogate mother, IVF are included into this new interpretation.

The State Department will now approve U.S. citizenship for children born abroad to same-sex or heterosexual American parents via in-vitro fertilization, IVF, surrogacy and by other assisted reproductive means. Under the policy announced Tuesday, the child must be born abroad to married parents and at least one of the parents has to be a U.S. citizen. The child must have biological ties to at least one parent. The child can have biological ties to a foreign parent.

“Children born abroad to parents, at least one of whom is a U.S. citizen and who are married to each other at the time of the birth, will be U.S. citizens from birth if they have a genetic or gestational tie to at least ONE of their parents and meet the INA (Immigration and Nationality Act)’s other requirements. Previously, the department’s interpretation and application of the INA required that children born abroad have a genetic or gestational relationship to a U.S. citizen parent. This updated interpretation and application of the INA takes into account the realities of modern families and advances in ART (assisted reproductive technology) from when the Act was enacted in 1952”, the U.S. State Department said.

The U.S. Department of State guidance can be found here:

F1 International Students Can Apply for an OPT Work Permit Online

4/16/2021

On April 12, 2021, USCIS announced that F-1 students applying for optional practical training (OPT) can now file Form I-765, Application for Employment Authorization, ONLINE, if they are filing ONLY under one of these categories:
(c)(3)(A) – Pre-Completion OPT;
(c)(3)(B) – Post-Completion OPT; and
(c)(3)(C) – 24-Month Extension of OPT for science, technology, engineering and mathematics (STEM) students.

OPT is temporary employment that is directly related to an F-1 student’s major area of study.
The option to file Form I-765 online is only available to F-1 students filing Form I-765 for OPT. If an applicant submits Form I-765 online to request employment authorization on or after April 15, 2021, but is eligible for a different employment authorization category, USCIS will deny the application and will not refund the fee.

In Russian: USCIS объявило 04-12-2021, что иностранные студенты, подающие заявления на OPT, по форме I-765, будут иметь возможность подать это заявление онлайн (по почте также можно его подать). Для этого нужно созтаь свой аккаунт на сайте USCIS, заявление и все документы подаются онлайн. Это возможно пока только в 3-х категориях.

(c)(3)(A) – Pre-Completion OPT;
(c)(3)(B) – Post-Completion OPT; and
(c)(3)(C) – 24-Month Extension of OPT for STEM.

Если ошибочно студент подал форму онлайн, но может получить разрешения на работу не как OPT, а по другой категории, то USCIS откажет и не вернет госпошлину.

Read here.

Eligibility for a Visa Interview Waiver Extended to 48 Months After Expiration

4/14/2021

Expansion of Interview Waiver Eligibility to 48 months after a previous visa expiration.

The U.S. Department of State has temporarily expanded the ability of consular officers to waive the in-person interview requirement for individuals applying for a nonimmigrant visa in the same classification.
Previously, only those applicants whose nonimmigrant visa expired within 24 months were eligible for an interview waiver. The Secretary has temporarily extended the period to 48 months. This policy is in effect until December 31, 2021. This change will allow consular officers to continue processing certain nonimmigrant visa applications while limiting the number of applicants who must appear at a consular section, thereby reducing the risk of COVID-19 transmission to other applicants and consular staff. Travelers are encouraged to review the website of the nearest U.S. embassy or consulate for detailed information on what services are currently available as well as eligibility information and instructions on applying for a visa without an interview.

In Russian:

Получение неиммиграционных виз без интервью в консульстве США было временно до 31 декабря 2021 продлено до 48 месяцев после истечения срока действия предыдущей визы в той же категории.

More information is here.

Declaration of Self-Sufficiency Form I-944 Abolished on 03-09-2021

3/11/2021

Effective March 9, 2021, applicants for a green card should not file Form I-944, Declaration of Self-Sufficiency, or any evidence or documentation required on that form with their Form I-485. The Form I-944 has been discontinued.

If you received a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) requesting information that is solely required for Form I-944 by the Public Charge Final Rule, and your response is due on or after March 9, 2021, you don't need to provide the information solely required by the Public Charge Final Rule.

You do, however, need to respond to the aspects of the RFE or NOID that otherwise pertain to the eligibility for the immigration benefit sought. If USCIS requires additional information or evidence to make a public charge inadmissibility determination, it will issue a subsequent RFE or NOID.

USCIS will issue additional guidance regarding the use of affected forms. In the interim, USCIS will not reject any Form I-485 on the basis of the inclusion or exclusion of Form I-944.

Briefly in Russian:

9 марта 2021 форма I-944, Декларации о самодостаточности была отменена. Это Декларация и доказательства финансовой состоятельности более не требуется при подаче заявления на грин карту, форма I-485.

Вам не нужно отвечать на запрос о документах, если это касается именно этой формы, но стоит внимательно изучить RFE и ответить на те вопросы, которые относятся к другим элементам вашего дела.

Please see announcement here: https://www.uscis.gov/i-944

On March 1, 2021 USCIS Reverts Back to 2008 Naturalization Test

2/22/2021

Naturalization test changes again: on March 1, 2021, USCIS will revert back to the old 2008 test and abandon December 2020 version of the citizenship test. It will make it easier for many applicants!

U.S. Citizenship and Immigration Services announced today it is reverting to the 2008 version of the naturalization civics test beginning March 1, 2021.

On Dec. 1, 2020, USCIS implemented a revised naturalization civics test (2020 civics test) as part of a decennial test review and update process. USCIS determined the 2020 civics test development process, content, testing procedures, and implementation schedule may inadvertently create potential barriers to the naturalization process. This action is consistent with the framework of the Executive Order on Restoring Faith in Our Legal Immigration Systems, which directs a comprehensive review of the naturalization process to eliminate barriers and make the process more accessible to all eligible individuals.

The 2008 civics test was thoroughly developed over a multi-year period with the input of more than 150 organizations, which included English as a second language experts, educators, and historians, and was piloted before its implementation. USCIS aspires to make the process as accessible as possible as directed by President Biden’s request to review the process thoroughly.

The civics test is administered to applicants who apply for U.S. citizenship through naturalization and is one of the statutory requirements for naturalizing. Applicants must demonstrate a knowledge and understanding of the fundamentals of the history, principles, and form of government of the United States. The decision to naturalize demonstrates an investment in and commitment to this country. USCIS is committed to administering a test that is an instrument of civic learning and fosters civic integration as part of the test preparation process.

Applicants who filed their application for naturalization on or after Dec. 1, 2020, and before March 1, 2021, likely have been studying for the 2020 test; therefore, USCIS will give these applicants the option to take either the 2020 civics test or the 2008 civics test. There will be a transition period where both tests are being offered. The 2020 test will be phased out on April 19, 2021, for initial test takers. Applicants filing on or after March 1, 2021, will take the 2008 civics test.

The test items and study guides can be found on the Citizenship Resource Center on the USCIS website. USCIS has also updated the Policy Manual accordingly; see Volume 12, Part E, English and Civics Testing and Exceptions, Chapter 2, English and Civics Testing.

https://www.uscis.gov/citizenship/learn-about-citizenship/the-naturalization-interview-and-test

Nonimmigrant visa interview wait times at the US embassies around the world

2/19/2021

Current wait times for nonimmigrant visas at the USA embassies around the world can be viewed here.

You can see here the most current information about B1/B2 visitor, F1 student and other non-immigrant visas.

Время ожидания интервью на визу США для резидентов. Визы туристические или гостевые, студенческие и другие неиммиграционные визы.

Rescission of Presidential Proclamations 9645 and 9983

1/25/2021

On January 20, 2021, President Biden signed a Presidential Proclamation titled “Ending Discriminatory Bans on Entry to the United States.” This proclamation ends the travel restrictions under Presidential Proclamations 9645 and 9983 that had suspended entry into the United States of certain nationals, based on visa type, from Burma, Eritrea, Iran, Kyrgyzstan, Libya, Nigeria, North Korea, Somalia, Sudan, Syria, Tanzania, Venezuela, and Yemen.
Pursuant to President Biden’s proclamation, the State Department will undertake a review to ensure that individuals whose immigrant visa applications were denied on the basis of the suspension and restriction on entry imposed by P.P. 9645 or 9983 may have their applications reconsidered. This review will consider whether to reopen immigrant visa applications that were denied due to the suspension and restriction on entry imposed by P.P. 9645 or 9983; whether it is necessary to charge an additional fee to process those visa applications; and development of a plan to expedite consideration of those visa applications.
Pending the Department’s review, under current Department regulations Immigrant visa (IV) applicants who were previously refused) due to either P.P. 9645 or 9983 and were determined not to qualify for a waiver before January 20, 2020, must submit a new visa application (DS-260) and pay a new visa application processing fee. IV applicants refused due to either P.P. 9645 or 9983 and whose eligibility for a waiver was still being evaluated, or who were determined not to qualify for a waiver within one year of January 20, 2021, and who also request their local embassy or consulate to resume processing on their case within one year of January 20, 2021 may be able to resume processing of their case without submitting a new application or paying a new visa application processing fee. Embassies and consulates will prioritize the adjudication of applications for those individuals who remain in the waiver process.
Nonimmigrant visa applicants who were previously refused due to either P.P. 9645 or 9983 and did not qualify for a waiver will need to submit a new visa application (DS-160) and pay a new visa application processing fee if they wish to reapply for a visa.
Pursuant to President Biden’s proclamation, the Department can immediately process visa applications for individuals from the affected countries. Please note that the rescission of P.P.s 9645 and 9983 does not necessarily mean that your local U.S. embassy or consulate is able to immediately schedule all affected applicants for visa interviews. The resumption of routine visa services during the ongoing COVID-19 pandemic, prioritized after services to U.S. citizens, will occur on a post-by-post basis, consistent with the Department’s guidance for safely returning our workforce to Department facilities. U.S. Embassies and Consulates have continued to provide emergency and mission-critical visa services since March and will continue to do so as they are able. Applicants, including those previously denied due to P.P. 9645 or 9983, should consult the website of their nearest U.S. embassy or consulate to determine if their case qualifies for expedited processing. As post-specific conditions improve, our missions will begin providing additional services, culminating eventually in a complete resumption of routine visa services. Please see here for more information on the phased resumption of visa services.

Read more.

New COVID-19 Ban: South Africa, Brazil, UK, EU

1/25/2021

President Joe Biden plans to sign restrictions Monday on travel to the United States to mitigate Covid-19 transmission, two White House officials confirmed today.

The ban would prevent most non-U.S. citizens from entry if they have recently been in South Africa, where a new strain of Covid-19 has been identified. The virus has killed more than 418,000 people and infected upward of 25 million across the U.S., according to an NBC News tracker.

Biden is also expected to reinstate broader restrictions that were in effect much of the past year but were rescinded by President Donald Trump days before his term ended. The limits would affect non-U.S. citizens traveling from the United Kingdom, Ireland and much of Europe in what is known as the Schengen countries, which share a common visa process. Travelers from Brazil would also be affected.

More here.

President Biden Sends Immigration Bill U.S. Citizenship Act of 2021 to Congress

1/24/2021

Jan. 20, 2021: President Biden Sends Immigration Bill to Congress as Part of His Commitment to Modernize our Immigration System.

The U.S. Citizenship Act of 2021 establishes a new system to responsibly manage and secure our border, keep our families and communities safe, and better manage migration across the Hemisphere
President Biden is sending a bill to Congress on day one to restore humanity and American values to our immigration system. The bill provides hardworking people who enrich our communities every day and who have lived here for years, in some cases for decades, an opportunity to earn citizenship. The legislation modernizes our immigration system, and prioritizes keeping families together, growing our economy, responsibly managing the border with smart investments, addressing the root causes of migration from Central America, and ensuring that the United States remains a refuge for those fleeing persecution. The bill will stimulate our economy while ensuring that every worker is protected. The bill creates an earned path to citizenship for our immigrant neighbors, colleagues, parishioners, community leaders, friends, and loved ones—including Dreamers and the essential workers who have risked their lives to serve and protect American communities.
The U.S. Citizenship Act will:
PROVIDE PATHWAYS TO CITIZENSHIP & STRENGTHEN LABOR PROTECTIONS
Create an earned roadmap to citizenship for undocumented individuals. The bill allows undocumented individuals to apply for temporary legal status, with the ability to apply for green cards after five years if they pass criminal and national security background checks and pay their taxes. Dreamers, TPS holders, and immigrant farmworkers who meet specific requirements are eligible for green cards immediately under the legislation. After three years, all green card holders who pass additional background checks and demonstrate knowledge of English and U.S. civics can apply to become citizens. Applicants must be physically present in the United States on or before January 1, 2021. The Secretary of the Department of Homeland Security (DHS) may waive the presence requirement for those deported on or after January 20, 2017 who were physically present for at least three years prior to removal for family unity and other humanitarian purposes. Lastly, the bill further recognizes America as a nation of immigrants by changing the word “alien” to “noncitizen” in our immigration laws.
Keep families together. The bill reforms the family-based immigration system by clearing backlogs, recapturing unused visas, eliminating lengthy wait times, and increasing per-country visa caps. It also eliminates the so-called “3 and 10-year bars,” and other provisions that keep families apart. The bill further supports familes by more explicitly including permanent partnerships and eliminating discrimination facing LGBTQ+ families. It also provides protections for orphans, widows, children, and Filipino veterans who fought alongside the United States in World War II. Lastly, the bill allows immigrants with approved family-sponsorship petitions to join family in the United States on a temporary basis while they wait for green cards to become available.
Embrace diversity. The bill includes the NO BAN Act that prohibits discrimination based on religion and limits presidential authority to issue future bans. The bill also increases Diversity Visas to 80,000 from 55,000.
Promote immigrant and refugee integration and citizenship. The bill provides new funding to state and local governments, private organizations, educational institutions, community-based organizations, and not-for-profit organizations to expand programs to promote integration and inclusion, increase English-language instruction, and provide assistance to individuals seeking to become citizens.
Grow our economy. This bill clears employment-based visa backlogs, recaptures unused visas, reduces lengthy wait times, and eliminates per-country visa caps. The bill makes it easier for graduates of U.S. universities with advanced STEM degrees to stay in the United States; improves access to green cards for workers in lower-wage sectors; and eliminates other unnecessary hurdles for employment-based green cards. The bill provides dependents of H-1B visa holders work authorization, and children are prevented from “aging out” of the system. The bill also creates a pilot program to stimulate regional economic development, gives DHS the authority to adjust green cards based on macroeconomic conditions, and incentivizes higher wages for non-immigrant, high-skilled visas to prevent unfair competition with American workers.
Protect workers from exploitation and improve the employment verification process. The bill requires that DHS and the Department of Labor establish a commission involving labor, employer, and civil rights organizations to make recommendations for improving the employment verification process. Workers who suffer serious labor violations and cooperate with worker protection agencies will be granted greater access to U visa relief. The bill protects workers who are victims of workplace retaliation from deportation in order to allow labor agencies to interview these workers. It also protects migrant and seasonal workers, and increases penalties for employers who violate labor laws.
PRIORITIZE SMART BORDER CONTROLS
Supplement existing border resources with technology and infrastructure. The legislation builds on record budget allocations for immigration enforcement by authorizing additional funding for the Secretary of DHS to develop and implement a plan to deploy technology to expedite screening and enhance the ability to identify narcotics and other contraband at every land, air, and sea port of entry. This includes high-throughput scanning technologies to ensure that all commercial and passenger vehicles and freight rail traffic entering the United States at land ports of entry and rail-border crossings along the border undergo pre-primary scanning. It also authorizes and provides funding for plans to improve infrastructure at ports of entry to enhance the ability to process asylum seekers and detect, interdict, disrupt and prevent narcotics from entering the United States. It authorizes the DHS Secretary to develop and implement a strategy to manage and secure the southern border between ports of entry that focuses on flexible solutions and technologies that expand the ability to detect illicit activity, evaluate the effectiveness of border security operations, and be easily relocated and broken out by Border Patrol Sector. To protect privacy, the DHS Inspector General is authorized to conduct oversight to ensure that employed technology effectively serves legitimate agency purposes.
Manage the border and protect border communities. The bill provides funding for training and continuing education to promote agent and officer safety and professionalism. It also creates a Border Community Stakeholder Advisory Committee, provides more special agents at the DHS Office of Professional Responsibility to investigate criminal and administrative misconduct, and requires the issuance of department-wide policies governing the use of force. The bill directs the Government Accountability Office (GAO) to study the impact of DHS’s authority to waive environmental and state and federal laws to expedite the construction of barriers and roads near U.S. borders and provides for additional rescue beacons to prevent needless deaths along the border. The bill authorizes and provides funding for DHS, in coordination with the Department of Health and Human Services (HHS) and nongovernmental experts, to develop guidelines and protocols for standards of care for individuals, families, and children in CBP custody.
Crack down on criminal organizations. The bill enhances the ability to prosecute individuals involved in smuggling and trafficking networks who are responsible for the exploitation of migrants. It also expands investigations, intelligence collection and analysis pursuant to the Foreign Narcotics Kingpin Designation Act to increase sanctions against foreign narcotics traffickers, their organizations and networks. The bill also requires the Federal Bureau of Investigation (FBI), Drug Enforcement Agency (DEA) and DHS, in coordination with the Secretary of State, to improve and expand transnational anti-gang task forces in Central America.
ADDRESS ROOT CAUSES OF MIGRATION
Start from the source. The bill codifies and funds the President’s $4 billion four-year inter-agency plan to address the underlying causes of migration in the region, including by increasing assistance to El Salvador, Guatemala, and Honduras, conditioned on their ability to reduce the endemic corruption, violence, and poverty that causes people to flee their home countries. It also creates safe and legal channels for people to seek protection, including by establishing Designated Processing Centers throughout Central America to register and process displaced persons for refugee resettlement and other lawful migration avenues—either to the United States or other partner countries. The bill also re-institutes the Central American Minors program to reunite children with U.S. relatives and creates a Central American Family Reunification Parole Program to more quickly unite families with approved family sponsorship petitions.
Improve the immigration courts and protect vulnerable individuals. The bill expands family case management programs, reduces immigration court backlogs, expands training for immigration judges, and improves technology for immigration courts. The bill also restores fairness and balance to our immigration system by providing judges and adjudicators with discretion to review cases and grant relief to deserving individuals. Funding is authorized for legal orientation programs and counsel for children, vulnerable individuals, and others when necessary to ensure the fair and efficient resolution of their claims. The bill also provides funding for school districts educating unaccompanied children, while clarifying sponsor responsibilities for such children.
Support asylum seekers and other vulnerable populations. The bill eliminates the one-year deadline for filing asylum claims and provides funding to reduce asylum application backlogs. It also increases protections for U visa, T visa, and VAWA applicants, including by raising the cap on U visas from 10,000 to 30,000. The bill also expands protections for foreign nationals assisting U.S. troops.
Biden's bill, dubbed the U.S. Citizenship Act of 2021, is more progressive than the 2013 measure, which included strong border security measures.

More here.