​A federal government shutdown will impact some, but not all, US immigration and visa programs. The principal distinction is between those programs that are fee-funded and those that rely on congressional appropriations for funding. The greatest business immigration impact will be on US Department of Labor (DOL) programs for permanent (PERM) labor certification and H-1B, E-3, H-1B1, and H-2B matters.
With the growing possibility of a federal government shutdown at the start of its new fiscal year on October 1, 2023, it may be instructive to review how immigration-related agencies operated during prior shutdowns. Any shutdown in FY2023 will also be informed by Department of Homeland Security (DHS) guidance published in 2022 that describes what DHS operations will continue during a federal funding hiatus or lapse in appropriations.
GENERAL SHUTDOWN INFORMATION
If the government agencies close for budgetary reasons, all but “essential” personnel are furloughed and are not allowed to work. Operations that are funded by user fees may face limited operations, but are unlikely to halt completely. Functions that rely on congressional appropriations for their operating funds are likely to shut down all but essential functions.
US CITIZENSHIP AND IMMIGRATION SERVICES
US Citizenship and Immigration Services (USCIS) is funded by fees paid by stakeholders, and as such this agency typically continues operating because it is not dependent on congressional appropriations to fund its operations. Exceptions to this include the few USCIS programs that do receive appropriated funds: E-Verify, the EB-5 Immigrant Investor Regional Center Program, Conrad 30 J-1 doctors, and non-minister religious workers. These operations will likely be suspended.
E-Verify and I-9
E-Verify will likely go dark during a shutdown. While employers must continue to honor their obligations under Form I-9 rules, they will not be sanctioned for delays arising from the inability to process E-Verify cases in accordance with the “three-day rule.” When E-Verify comes back online, employers should create E-Verify cases based on Forms I-9 completed during the shutdown.
For employees who received a tentative non-confirmation (TNC), the period during which employees may resolve TNCs will be extended. The number of days E-Verify is unavailable will not count toward the days that employees have to begin the process of resolving their TNCs.
USCIS has confirmed that employers may continue to use the new alternate document review process for remote Form I-9 document verification if E-Verify is temporarily unavailable due to a government shutdown.
EB-5
Although the EB-5 Immigrant Investor Regional Center Program receives government funding, its current operations are funded and authorized through September 30, 2027.
STATE DEPARTMENT
Visa and passport operations are fee-funded and are not expected to be impacted by a lapse in funding; however, consular availability and processing may nonetheless be impacted depending on the post and ancillary impacts of the shutdown on consular operations. If a consulate is impacted by the shutdown, then it is likely that services will be limited to diplomatic visas and extreme emergencies.
US DEPARTMENT OF LABOR
The processing of labor condition applications for H-1B, E-3, and H-1B1 petitions will be shut down. Similarly, processing of prevailing wage, PERM labor certification, and other operations of the DOL Office of Foreign Labor Certification (OFLC) will cease. DOL/OFLC personnel will not be available to respond to inquiries, and web-based systems for filing, status checks, and uploading documents, among other features, will be offline. Deadlines related to DOL applications and procedures are typically modified.
US CUSTOMS & BORDER PROTECTION
DHS deems passenger and cargo inspection and law enforcement to be essential operations that will continue despite a lapse in appropriations. Ports of entry will be open, and processing of passengers arriving at land, sea, and air ports of entry will continue; however, processing of applications for work visa classification (e.g., TN, H-1B, L-1), particularly at Canadian border posts, may be impacted. Applicants are advised to contact the port of entry in advance to confirm the post’s operational status.
IMMIGRATION AND CUSTOMS ENFORCEMENT
Immigration and Customs Enforcement (ICE) enforcement and removal operations will continue, and ICE attorneys will typically focus on the detained docket during a shutdown. The ICE Student and Exchange Visitor Program (SEVP) offices (for, e.g., F-1, J-1, M-1 visas) are unaffected since SEVP is funded by fees (AILA Doc. No. 21092710).
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
Immigration court cases on the detained docket will proceed during a lapse in congressional appropriations, while nondetained docket cases will be reset for a later date when funding resumes. Courts with detained dockets will receive all filings but will only process those involving detained dockets.
Courts with only nondetained dockets will not be open and will not accept filings. Courts should issue an updated notice of hearing to respondents or representatives of record for reset hearings. Members may want to check with their local chapters for court-specific instructions (AILA Doc. No. 21092710).
CIS OMBUDSMAN
The DHS Office of the CIS Ombudsman would close and would not accept any inquiries through its online case intake system (AILA Doc. No. 21092710).

​

​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).

Recently, the US embassy in Warsaw posted on their website that they are accepting nonimmigrant visa applications from applicants from Ukraine "without a passport".

I contacted the US embassy in another EU country, and they advised:

"Please note, the guidance from Warsaw indicates that applicants may apply without a passport, not be issued a visa without one. Your client will need a passport in order to travel to the U.S. The best place to assist her in obtaining one is the nearest Ukrainian embassy."

You must have a passport for a visa to be issued.

You must have a passport in order to board the flight to the United States.

A Ukrainian biometrics "passport card" is not a passport needed for a visa to be issued. For a visa, you need a "passport book".

Embassy stressed out again that at this time the U.S. doesn't have a refugee program for Ukrainians, and advises people to apply in the EU country they are temporarily located.

Contact the nearest Ukraine embassy for advice and help with a passport.

Недавно посольство США в Варшаве объявило на их вебсайте, что они готовы принимать на интервью на гостевую визу украинцев "без паспортов".

Я получила такое разъяснение из американского посольства, что Варшава разрешила прийти на интервью без паспорта, но для получения визы и прилета в США все равно нужен действительный паспорт (книжка, а не карточка).
​
В настоящее время после начала войны, посольства Украины не выдавали паспорта. Если это изменится, свяжитесь с посольством Украины в той стране где вы находитесь напрямую.

What are legal immigration options for Ukrainian citizens trying to find a safe heaven in the United States during the war with Russia?
​
Since the beginning of the war on February 24, 2022, there are a few available options. These options may not apply to everyone. They may change. During the last week, there were many changes with consular processing of visas for Ukrainians. Situation is still very fluid. Here is a list of some possible options which should not be construed as legal advice. 

As of March 10th, the US didn't announce any new refugee program for Ukrainians yet.
На сегодняшний день США не объявило программу помощи беженцам из Украины (нет программы куда обратиться за статусом беженца если вы за пределами США и хотите приехать по статусу беженца в США).

The Biden administration previously said it would accept up to 125,000 refugees in the 2022 budget year. That annual cap had been cut to a record low 15,000 under President Donald Trump. In setting the annual target for refugees, the Biden administration set aside 10,000 refugee visas for people from Europe, but it could expand that number to take in more Ukrainians if needed. The White House has said it will work with the United Nations and European countries to determine whether people who have fled Europe will need permanent resettlement in the U.S. or elsewhere. The 125,000 does not include the 76,000 Afghans who came to the United States after the American withdrawal from Afghanistan in August.
​
(1) Если у вас есть действующая и неистекшая виза в США, вы можете приехать по этой визе. Затем уже находясь в США, если необходимо, вы можете подать на продление или смену статуса. В некоторых ситуациях вы можете подать на вид на жительство или на политическое убежище, если у вас есть лснования для этого (не у всех они есть). If you have a current valid and unexpired visa to the USA, you can use it to travel to USA, provided that the purpose of your trip meets the type of a visa. When in the USA, you can apply to extend or change status, adjust status to that of a permanent resident, or apply for political asylum, if you have legal basis for a particular application you are intending to submit The CDC and Department of State recently announced that the Covid-19 vaccination requirement was waived for Ukrainian nationals.
https://wwwnc.cdc.gov/travel/destinations/traveler/none/ukraine

(2) Если у вас нет визы в США, вы можете подать заявление на визу и попытаться ее получить в одном из американских посольств за пределами Украины (например, в Польше или Германии и в других). If you don’t have a visa to the U.S. you can apply for a visa at the US Consulate in the country outside of Ukraine. Проверьте информацию на момент подачи заявления на визу, т.к. изменения происходят почти каждый день. For example, in Warsaw, Poland, Krakow, Poland, Frankfurt, Germany, or other US embassies and consulates in other EU countries. You can submit a visa application online. Unfortunately, visa interviews are backlogged, and it might take a while to have one scheduled. Check the information current at the time you submit your visa application because information and advice changes almost daily.

(3) Вы можете попытаться въехать в США, пересекая границу с Мексикой или Канадой, попросив убежище и разрешение на въезд как пароль в США на границе в пропускном пункте. Это рисковано и обычно не рекомендуется. If you don’t have a valid visa to the U.S., but you can get into one of the neighboring countries and if have reasons to fear persecution in Ukraine (not merely escaping war), you can apply for asylum at a designated US Border Checkpoint and be paroled into the United States. It is a risky procedure and usually we don't recommend it. This option includes detention time at the border or in jail/detention center before being allowed to enter the U.S. It is advisable to consult an attorney who specializes in political asylum and this kind of cases in advance. It is important to show that you have family or friends or anyone in the United States willing to be your sponsor, and to have valid documentation of your identity, such as a passport and a birth certificate.

(4) Если вы находились на территории США 1 марта 2022, и у вас нет судимостей, вы cможете подать заявление на временный статус TPS и разрешение на работу, когда начнется период приема заявлений. Следите за носвостями или проконсультруйтесь у адвоката о ваших шансах и процедуре подачи заявления. If you are already in the USA, and have been physically in the U.S. on March 1, 2022, you will be able to apply for a TPS (temporary Protected Status) for 18 months and a work permit, which would allow you to get an SSN and a driver’s license, so you can live and work in the USA on a temporary basis. Follow the new and announcements at USCIS website to see when the application can be submitted and read the instructions or consult an attorney before applying. 
https://www.uscis.gov/humanitarian/temporary-protected-status

(5) Если вы находитесь за пределами США и у вас есть близкие родственники в США, вы можете подать заявление на гуманитарный пароль. If you are outside of the United States but have a close family in the U.S., you can apply for Humanitarian Parole. The application is filed in the U.S. with USCIS, form I-131 A relative must provide evidence of humanitarian reasons and financial support. It is not the fastest option and can take many months to be approved because it is currently backlogged since COVID-19 and Afghanistan crisis in summer of 2021. You can check the current processing times at USCIS website. https://egov.uscis.gov/processing-times/
https://www.uscis.gov/forms/explore-my-options/humanitarian-parole

(6) Если ваши родные в США подали на вас петицию на воссоединение семьи, I-130, то в некоторых категориях можно попросить ускорение. If you already have a pending petition, you can ask USCIS to expedite it, if a US citizen or permanent resident is petitioning for their spouse, children, or parents.
https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request
You can contact the USCIS at (800) 375-5283 and request to expedite your case. Please note that expediting a petition for any relatives other than immediate family members of US citizens or permanent residents is not going to help to get them to the USA fast. At this time, if you have a petition for your sibling or a child over 21, an expedite request is not going to help, because the process for those relatives is not delayed due to a backlog but due to a congressionally annual limitations on the number of immigrant visas available and them waiting for a visa number to become available in their visa category.

(7) Если ваше дело на грин карту по воссоединению семьи находится в Национальном Визовом Центре или уже было утверждено и вы ждете интервью в посольстве, попросите ускорения. Дело нужно будет перевести в другое посольство США. В настоящее время это Франкфурт в Германии для украинских граждан. If your case is pending at the NVC or at the US embassy, you can ask to expedite it. To expedite a case which is at the consulate, you need to send an email directly to the US consulate and provide the case number you received from NVC, and ask the consulate to schedule a visa interview. You may need to request a transfer of the case from Kyiv to Frankfurt, Germany, if a case wasn’t transferred yet. The same limitation for relatives who are not immediate relatives applies.

(8) Если вы уже находитесь в США, вы можете подать заявление на политическое убежище, если у вас есть для этого основания (опасения преследований на основании одного их защищенных групп, а не только из-за войны). If you are already in the United States, you can apply for asylum or for relief from deportation if you fear persecution in your home country under one of the protected groups or categories. All deportations of the Ukrainian citizens were halted recently. Asylum procedures allow individuals, who have reasonable fear from returning to their home countries, to apply for asylum in the United States. To qualify for asylum the applicant must demonstrate that there is a reasonable possibility of persecution based on one of enumerated protected grounds.

(9) Если вы уже в США в статусе иностранного студента из Украины, вы можете подать заявление на разрешение на работу в связи с особыми обстоятельствами и попросить его ускорить. If you are already in the United States as a foreign student from Ukraine on a valid F-1 visa, you can apply for emergency work permit by filing a form I-765 with the USCIS and asking for emergency work permits due to unexpected financial hardships they are experiencing due to the situation in Ukraine. You can ask to expedite your application. https://www.uscis.gov/humanitarian/special-situations. https://www.uscis.gov/i-765

Каждая ситуация индивидуальна. Не все варианты подойдут каждому. Стоит посоветоваться с иммиграционным адвокатом перед тем как решать, что лучше сделать в вашей ситуации. Every situation is different. Not everything will fit you. It is advisable to consult an immigration attorney before deciding what is the best option for you.

Hope this information helps!

Do not travel to Ukraine due to armed conflict and COVID-19.  U.S. citizens in Ukraine should depart immediately if it is safe to do so using any commercial or other privately available ground transportation options.  U.S. citizens remaining in Ukraine should carefully monitor government notices and local and international media outlets for information about changing security conditions and alerts to shelter in place. Those remaining in Ukraine should exercise increased caution due to the potential for active combat, crime, and civil unrest. Read the entire Travel Advisory.
The U.S. Department of State suspended operations at U.S. Embassy Kyiv, effective February 28, 2022.  All in-person consular services in Ukraine are suspended until further notice.  U.S. citizens seeking emergency assistance and those who decide to remain in Ukraine should complete this online form and the State Department will respond.  U.S. citizens may also seek consular services, including requests for repatriation loans, passport, and visa services, at U.S. embassies and consulates in neighboring countries.

U.S. citizens seeking emergency assistance and those who decide to remain in Ukraine should complete this online form and the State Department will respond.

Эта форма для контакта с американским правительством для американских граждан, оставшихся на территории Украины. Подайте онлайн форму и с вами свяжутся. В тоже время, американское правительство не может оказать помощь по вашей эвакуации с Украины, так как посольство США было эвакуировано из страны и все консульские услуги прекращены 28 февраля 2022.

​The U.S. government will not be able to evacuate U.S. citizens from Ukraine. Please review what the U.S. government can and cannot do to assist you in a crisis overseas. U.S. citizens may seek consular services, including requests for repatriation loans, passport, and visa services, at U.S. embassies and consulates in neighboring countries.

Travel advisory is here.
​
​CONTACT and ASSISTANCE form for US citizens is here.

 Edition 01/25/2022:

In General

You may ask USCIS to expedite adjudication of a benefit request (such as an application or petition) for an immigration benefit.

USCIS:

• Considers all expedite requests on a case-by-case basis;
• May require additional documentation to support a request; and
• Has the sole discretion to decide whether to accommodate a request.

Because granting an expedite request means that USCIS would adjudicate the requestor's benefit ahead of others who filed earlier, we carefully weigh the urgency and merit of each expedite request. We may consider an expedite request if it meets one or more of the following criteria or circumstances:

• Severe financial loss to a company or person, provided that the need for urgent action is not the result of the petitioner’s or applicant’s failure to:
  • Timely file the benefit request, or
  • Timely respond to any requests for additional evidence;

A company can demonstrate that it would suffer a severe financial loss if it is at risk of failing, losing a critical contract, or having to lay off other employees. For example, a medical office may suffer severe financial loss if a gap in a doctor’s employment authorization would require the medical practice to lay off its medical assistants.
Job loss may be sufficient to establish severe financial loss for a person, depending on the individual circumstances. For example, the inability to travel for work that would result in job loss might warrant expedited treatment. The need to obtain employment authorization by itself, without evidence of other compelling factors, does not warrant expedited treatment. In addition, severe financial loss may also be established where failure to expedite would result in a loss of critical public benefits or services.

• Emergencies and urgent humanitarian reasons;

In the context of an expedite request, humanitarian reasons are those related to human welfare. Examples may include, but are not limited to, illness, disability, extreme living conditions, death in the family, or a critical need to travel to obtain medical treatment in a limited amount of time. An emergency may include an urgent need to expedite employment authorization for healthcare workers during a national emergency such as the COVID-19 pandemic. Additionally, an expedite request may be considered under this criterion in instances where a vulnerable person’s safety may be compromised due to a breach of confidentiality if there is a delay in processing the benefit application. A benefit requestor’s desire to travel for vacation does not, in general, meet the definition of an emergency.

• Nonprofit organization (as designated by the Internal Revenue Service) whose request is in furtherance of the cultural or social interests of the United States;

A nonprofit organization seeking to expedite a beneficiary’s benefit request must demonstrate an urgent need to expedite the case based on the beneficiary’s specific role within the nonprofit in furthering cultural or social interests (as opposed to the organization’s role in furthering social or cultural interests). Examples may include a medical professional urgently needed for medical research related to a specific social U.S. interest (such as the COVID-19 pandemic or other socially impactful research or project) or a university professor urgently needed to participate in a specific and imminent cultural program. Another example is a religious organization that urgently needs a beneficiary’s specific services and skill set to continue a vital social outreach program. In such instances, the religious organization must articulate why the respective beneficiary is specifically needed, as opposed to pointing to a general shortage alone.

• U.S. government interests (such cases identified as urgent by federal agencies such as the U.S. Department of Defense, U.S. Department of Labor, National Labor Relations Board, Equal Opportunity Commission, U.S. Department of Justice, U.S. Department of State, U.S. Department of Homeland Security, or other public safety or national security interests); or

U.S. government interests may include, but are not limited to, cases identified as urgent by other government agencies, including labor and employment agencies, and public safety or national security interests.
For expedite requests made by a federal agency, involving other public safety or national security interests, the national interest need must be immediate and substantive. If the need for the action is not immediate, expedited processing is not warranted. A substantive need does not mean that a delay would pose existential or irreversible consequences to the national interests but rather that the case at hand is of a scale or a uniqueness that requires immediate action to prevent real and serious harm to U.S. interests.
Expedite requests from government agencies (federal, state, or local) must be made by a senior-level official of that agency. If the request relates to employment authorization, the request must demonstrate that the need for a person to be employment-authorized is mission-critical and goes beyond a general need to retain a particular worker or person. Examples include, but are not limited to, a noncitizen victim or witness cooperating with a federal, state, or local agency who is in need of employment authorization because the respective agency is seeking back pay or reinstatement in court proceedings.

• Clear USCIS error.

Not every circumstance that fits in one of these categories will result in expedited processing.
For more information, see USCIS Policy Manual, Volume 1, Part A, Public Services, Chapter 5, Requests to Expedite Applications or Petitions [1 USCIS-PM A.5].
You can generally request expedited processing by calling the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833) The USCIS Contact Center will not be able to refer the expedite request to the appropriate office without a receipt number.
When you call to request expedited processing, the USCIS Contact Center creates and forwards a service request to the office with jurisdiction over your application or petition. After receiving the service request, the reviewing office may request additional documentation to support expedited processing. A decision on an expedite request is not an approval or a denial of the underlying benefit request. The expedite decision simply informs the requestor whether USCIS will take the benefit request out of date order and issue a decision (approval or denial) faster than the normal processing time.
In accordance with the criteria above, note specific handling procedures in the following circumstances:

Adoptions

See the USCIS Adoption Contact Information webpage for information on how to make expedite requests for adoption cases.

Appeals

Requests for expedited processing of appeals may be included with the appeal. Expedite requests included with the appeal will be reviewed by the office that issued the decision.
For appeals filed with the Administrative Appeals Office (AAO), any expedite request made after the appeal submission should be mailed or faxed directly to AAO. See AAO’s Processing Requests and Contacting the AAO pages for more information.
Regardless of whether the expedite request is submitted with the appeal or afterward, the expedite request should include:

• A cover letter clearly marked “EXPEDITE REQUEST”; and
• Documentary evidence supporting the request for expedited processing of the appeal.

Requests for expedited processing of appeals filed with the Board of Immigration Appeals (BIA) should follow the BIA expeditious handling procedures.

Applications for Asylum

Requests for expedited processing on asylum applications should be directed to the office with jurisdiction over the asylum application. See the Affirmative Asylum Interview Scheduling page for more information.

Benefit Requests Pending Outside the United States
Send requests for expedited processing of applications for refugee status to the Resettlement Support Center handling the case abroad. For more information, see the USCIS Questions and Answers: Refugees page.
Send requests for expedited processing of humanitarian parole for beneficiaries located outside of the United States to the Humanitarian Affairs Branch. For more information, see the Humanitarian or Significant Public Benefit Parole for Individuals Outside the United States page.
For all other immigration benefit requests pending with USCIS offices located outside the United States, you may request expedited processing by submitting a written request, along with any supporting documentation, directly to the USCIS office with the benefit request.
For contact information for USCIS offices located outside the United States, see the USCIS International Immigration Offices page. Requests for expedited processing on matters pending with Department of State (DOS) should follow DOS expeditious handling procedures.

Last Reviewed/Updated:
01/25/2022

​

On December 13, 2021, USCIS reminded the public that they offer immigration services that may help people affected by unforeseen circumstances such as natural disasters. Examples of unforeseen circumstances include, but are not limited to, the recent tornadoes in Kentucky and surrounding states.
The following measures may be available on a case-by-case basis upon request:

• Changing a nonimmigrant status or extending a nonimmigrant stay for an individual currently in the United States. Failure to apply for the extension or change before expiration of your authorized period of admission may be excused if the delay was due to extraordinary circumstances beyond your control;
• Re-parole of individuals previously granted parole by USCIS;
• Expedited processing of advance parole requests;
• Expedited adjudication of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
• Expedited adjudication of employment authorization applications, where appropriate;
• Consideration of fee waiver requests due to an inability to pay;
• Flexibility for those who received a Request for Evidence or a Notice of Intent to Deny but were unable to submit evidence or otherwise respond in a timely manner;
• Flexibility if you were unable to appear for a scheduled interview with USCIS;
• Expedited replacement of lost or damaged immigration or travel documents issued by USCIS, such as a Permanent Resident Card (Green Card), Employment Authorization Documents, and Arrival/Departure Record (Form I-94); and
• Rescheduling a biometric services appointment.

Note: When making a request, please explain how the impact of unforeseen circumstances, such as a natural disaster, created a need for the requested relief. If you lost all forms of evidence in an unforeseen circumstance, include an explanation in your description and a copy of a police report, insurance claim, or other report, if available, to support your request.
Visit Special Situations page or call us for more information about how we provide assistance to individuals affected by unforeseen circumstances. To learn how to request these measures, call us at 800-375-5283. For people with disabilities: (TTY) 800-767-1833 or (VRS) 877-709-5797.

​

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.

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
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The U.S. State Department temporary stopped issuing passports to the U.S. citizens due to the COVID-19 pandemic, with narrow exceptions for people who have a “qualified life-or-death emergency.”

In a statement published March 27, 2020, the State Department advised Americans to avoid all international travel due to the spread of COVID-19, unless someone is experiencing an emergency and needs to travel within 72 hours.

Situations that qualify as “life-or-death emergencies” include serious illnesses, injuries or deaths among members of a person’s immediate family that requires travel outside of the U.S., according to the statement.

Briefly in Russian:

Выдача американских паспортов приостановлена из-за коронавируса. Только в исключительных обстоятельствах паспорт может быть выдан.

Official U.S. Dept of State Passport Office site: posted more details here. 

​

On May 1, 2020, USCIS announced that RFE and NOID, NOIR Response Time extended by 60 days for a period beginning March 1 and ending July 1, 2020.

USCIS продляет время для ответа на запросы RFE и письмо об отказе NOID, NOIR на 60 дней. Это период продлен включительно по 1 июля 2020. То есть если вы получили RFE, NOIR, NOID в период с 1 марта по 1 июля 2020, у вас есть дополнительные 60 дней для ответа.

In response to the coronavirus (COVID-19) pandemic, USCIS is extending the flexibilities it announced on March 30, 2020 to assist applicants and petitioners who are responding to certain:
Requests for Evidence, RFE;
Continuations to Request Evidence (N-14);
Notices of Intent to Deny, NOID;
Notices of Intent to Revoke, NOIR;
Notices of Intent to Rescind and Notices of Intent to Terminate regional investment centers; and
filing date requirements for Form I-290B, Notice of Appeal or Motion.
Notice/Request/Decision Issuance Date
This flexibility applies to the documents listed above if the issuance date listed on the request, notice, or decision is between March 1 and July 1, 2020, inclusive.
Response Due Date
USCIS will consider a response to a request or notice listed above received within 60 calendar days after the response due date set in the request or notice before taking action. USCIS will consider a Form I-290B received up to 60 calendar days from the date of the decision before it takes any action.
For More Information
Please visit uscis.gov/coronavirus for the latest facts and other USCIS updates.
​

COVID-19 04/01/2020 update from USCIS:

On March 18, 2020 tin order to help mitigate the spread of coronavirus (COVID-19), USCIS temporarily suspended all routine face-to-face services with applicants at all of local offices, including all interviews, biometrics and naturalization ceremonies. The temporary suspension is extended through May 3, 2020 and USCIS offices will begin to re-open on May 4, 2020 UNLESS the public closures are extended further.

This includes interviews, naturalization ceremonies and biometric collection appointments. However, USCIS will continue to provide emergency services during this time. If you have an emergency service request, please contact the USCIS Contact Center. Employees in these offices are continuing to perform mission-essential services that do not require face-to-face contact with the public.

USCIS field offices will send notices to applicants and petitioners with scheduled appointments impacted by the temporary public closure. USCIS will reschedule all applicants when USCIS resumes normal operations.

During COVID-19 pandemic, our virtual online immigration law office remains OPEN.

A phone or video conference appointment with an attorney can be scheduled by emailing us.

We will continue to file new petitions with USCIS as well as continue to meet all deadlines. 
​
​You can also follow our Blog on Facebook here. 

Briefly in Russian:

1 апреля 2020 USCIS объявило о том, что временное закрытие всех местных офисов и отмена всех интервью и отпечатков пальцев продлевается как минимум до 4 мая 2020. Этот период может быть продлен (и скорее всего будет продлен).

После того, как офисы откроются, USCIS сам назначет новые дату интервью и вышлет новые письма по почте. Вам не нужно будет звонить или писать, они сделают это сами.

Вы можете следить за новостями от USCIS тут на нашем блоге или на нашей группе в Facebook.

#COVID19 Update from USCIS:

In response to the Coronavirus (COVID-19) pandemic, USCIS announced that it is adopting a measure to assist applicants and petitioners who are responding to requests for evidence (RFEs) and notices of intent to deny (NOIDs) dated between March 1 and May 1, 2020.

For applicants and petitioners who receive an RFE or NOID dated between March 1 and May 1, 2020, any responses submitted within 60 calendar days after the response deadline set forth in the RFE or NOID will be considered by USCIS before any action is taken.

USCIS will provide further updates as the situation develops and will continue to follow CDC guidance. Education and precautions are the strongest tools against COVID-19 infection.

Local USCIS offices remain closed until April 7, 2020 (most likely, it will be extended). USCIS Service Centers are still open for business.

Please visit uscis.gov/coronavirus for latest facts and other USCIS updates.

03/30/2020 UPDATE:
​
​This flexibility applies to an RFE, NOID, NOIR, NOIT or appealable decision within AAO jurisdiction and the issuance date listed on the request, notice or decision is between March 1, 2020 and May 1, 2020, inclusive.
Response Due Date: Any response to an RFE, NOID, NOIR, or NOIT received within 60 calendar days after the response due date set in the request or notice will be considered by USCIS before any action is taken. Any Form I-290B received up to 60 calendar days from the date of the decision will be considered by USCIS before it takes any action.

During COVID-19 pandemic, our virtual online immigration law office remains OPEN.

A phone or video conference appointment with an attorney can be scheduled by emailing us.

On March 18, 2020, the United States Citizenship and Immigration Services announced the temporary closure of its local field and asylum offices as well as its application support centers. The closure will remain in effect until at least April 1, 2020.

On March 25th, temporary closure of USCIS local offices was extended to April 7th 2020, unless the public closures are extended further. This includes interviews, naturalization ceremonies and biometric collection appointments. However, USCIS will continue to provide emergency services during this time. If you have an emergency service request, please contact the USCIS Contact Center. Employees in these offices are continuing to perform mission-essential services that do not require face-to-face contact with the public.
USCIS field offices will send de-scheduling notices to applicants and petitioners with scheduled appointments impacted by the public closure. USCIS will also send de-scheduling notices to naturalization applicants scheduled for naturalization ceremonies, and will reschedule all applicants when USCIS resumes normal operations.

USCIS will post and update COVID-19 information here.

However, USCIS Service Centers remain open and cases are being processed.

We will continue to file new petitions with USCIS as well as continue to meet all deadlines. At this time, USCIS has not modified any deadlines or filing requirements.

​We will continue to monitor and provide updates at https://law-visa-usa.com/blog-usa-immigration-law-updates.html

Presidential Proclamation — Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus

White House, Mar. 11, 2020
"I, DONALD J. TRUMP, President of the United States, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 212(f) and 215(a) of the Immigration and Nationality Act, 8 U.S.C. 1182(f) and 1185(a), and section 301 of title 3, United States Code, hereby find that the unrestricted entry into the United States of persons described in section 1 of this proclamation would, except as provided for in section 2 of this proclamation, be detrimental to the interests of the United States, and that their entry should be subject to certain restrictions, limitations, and exceptions.  I therefore hereby proclaim the following:
Section 1.  Suspension and Limitation on Entry.  The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the Schengen Area during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation.
Sec. 2.  Scope of Suspension and Limitation on Entry.
(a)  Section 1 of this proclamation shall not apply to:
(i)     any lawful permanent resident of the United States;
(ii)    any alien who is the spouse of a U.S. citizen or lawful permanent resident;
(iii)   any alien who is the parent or legal guardian of a U.S. citizen or lawful permanent resident, provided that the U.S. citizen or lawful permanent resident is unmarried and under the age of 21;
(iv)    any alien who is the sibling of a U.S. citizen or lawful permanent resident, provided that both are unmarried and under the age of 21;
(v)     any alien who is the child, foster child, or ward of a U.S. citizen or lawful permanent resident, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications;
(vi)    any alien traveling at the invitation of the United States Government for a purpose related to containment or mitigation of the virus;
(vii)   any alien traveling as a nonimmigrant pursuant to a C-1, D, or C-1/D nonimmigrant visa as a crewmember or any alien otherwise traveling to the United States as air or sea crew;
(viii)  any alien
(A)  seeking entry into or transiting the United States pursuant to one of the following visas:  A-1, A-2, C-2, C-3 (as a foreign government official or immediate family member of an official), E-1 (as an employee of TECRO or TECO or the employee’s immediate family members), G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or NATO-6 (or seeking to enter as a nonimmigrant in one of those NATO categories); or
(B)  whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement;
(ix)    any alien whose entry would not pose a significant risk of introducing, transmitting, or spreading the virus, as determined by the Secretary of Health and Human Services, through the CDC Director or his designee;
(x)     any alien whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee;
(xi)    any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designees; or
(xii)   members of the U.S. Armed Forces and spouses and children of members of the U.S. Armed Forces.
(b)  Nothing in this proclamation shall be construed to affect any individual’s eligibility for asylum, withholding of removal, or protection under the regulations issued pursuant to the legislation implementing the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, consistent with the laws and regulations of the United States."

Following the Presidential Proclamation, many US embassies and consulates suspended operations.

The U.S. Embassy will suspend routine consular operations effective Monday, March 16, 2020.  This suspension will remain in effect until further notice.
During the period of suspended operations, we will be providing emergency services to U.S. citizens on a case-by-case basis.  U.S. citizens with verifiable emergency situations and confirmed travel tickets may contact us to request an appointment.
The  State Department currently recommends U.S. citizens reconsider international travel. See CDC information regarding high-risk traveler categories.
On March 11, 2010, the U.S. Government issued a proclamation that suspends the entry of immigrants or nonimmigrants who were physically present within the Schengen Area during the 14-day period preceding their entry or attempted entry into the United States.  The proclamation does not apply to U.S. citizens, lawful permanent residents, spouses of U.S. citizens or lawful permanent residents, diplomatic and official travelers, air and sea crew members, members of the U.S. Armed Forces and their spouses and children, and certain other categories of travelers.

How USCIS can help people affected by wildfires in California and other unforeseen circumstances? 

On a discretionary basis and upon request, USCIS offers the following immigration services that may help people affected by unforeseen circumstances: 

--Changing a nonimmigrant status or extending a nonimmigrant stay for an individual currently in the United States. 
--Expedited processing of advance parole requests;
--Expedited adjudication of requests for off-campus employmentauthorization for F-1 students experiencing severe economic hardship;
--Expedited adjudication of employment authorization applications, where appropriate;
--Consideration of fee waivers due to an inability to pay;
--Extension of response time or acceptance of a late response to a Request for Evidence or a Notice of Intent;
--Rescheduling an interview with USCIS;
--Expedited replacement of lost or damaged immigration or travel documents issued by USCIS, such as a Permanent Resident Card (Green Card); 
--Rescheduling a biometrics appointment. 

Note: When making a request, please explain how the wildfires in California or other unforeseen circumstances are related to the need for the requested relief.

​Read more here.

USCIS offers immigration services that may help people affected by unforeseen circumstances, including disasters such as Hurricane Harvey.

The following measures may be available on a case-by-case basis upon request:

• Changing a nonimmigrant status or extending a nonimmigrant stay for an individual currently in the United States. Failure to apply for the extension or change before expiration of your authorized period of admission may be excused if the delay was due to extraordinary circumstances beyond your control;
• Re-parole of individuals previously granted parole by USCIS;
• Expedited processing of advance parole requests;
• Expedited adjudication of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
• Expedited adjudication of employment authorization applications, where appropriate;
• Consideration of fee waivers due to an inability to pay;
• Assistance for those who received a Request for Evidence or a Notice of Intent to Deny but were unable to submit evidence or otherwise respond in a timely manner;
• Assistance if you were unable to appear for a scheduled interview with USCIS;
• Expedited replacement of lost or damaged immigration or travel documents issued by USCIS, such as a Permanent Resident Card (Green Card); and
• Rescheduling a biometrics appointment.

Note: When making a request, please explain how the impact of Hurricane Harvey created a need for the requested relief.

To learn how to request these measures or determine if an office is open, call the National Customer Service Center at 800-375-5283.

If you require assistance, please don't hesitate to contact our office at email.