The DHS has revoked Temporary Protected Status, or TPS for more than 300,000 Venezuelans in the United States (October 2023 TPS), leaving the Venezuelans vulnerable to potential deportation in the coming months. 

In September 2025, 2021 TPS for Venezuela will come to the end too.

This time, the administration has decided to make the changes more immediate. Those under TPS from Venezuela who received the protections in 2023 will lose their temporary status 60 days after the government publishes the termination notice.

The notice indicates that more than 300,000 Venezuelans had TPS until April 2025. Another group of more than 250,000 Venezuelans have protections through September and for now will not be affected, but could be in danger of losing their status in the future. 

On Feb. 1, 2025, Secretary of Homeland Security Kristi Noem decided to terminate Temporary Protected Status (TPS) under the 2023 designation for Venezuela.
TPS and related benefits associated with the 2023 designation will no longer be in effect starting 60 days after publication of the termination notice in the Federal Register.

This announcement impacts approximately 600,000 Venezuelans currently in the United States with TPS.
Former Secretary Mayorkas designated Venezuela for TPS once on May 9, 2021, and a second time on Oct. 3, 2023. Under Secretary Mayorkas’ Jan. 17, 2025, notice, TPS was extended as follows:

• The 2021 designation expires Sept. 10, 2025. Employment authorization documents for individuals who registered under the 2021 designation expire April 2, 2026.
• The 2023 designation expires Oct. 2, 2026. Employment authorization documents for individuals who registered under the 2023 designation expire April 2, 2026.

2021 registrants were permitted to register under the 2023 designation. Secretary Noem’s announcement intends to vacate the Jan. 17, 2025, notice. Following Secretary Noem’s announcement, any 2021 registrants who registered under the 2023 designation will have their 2021 designations restored.

As a result of this announcement, USCIS will no longer accept Venezuela TPS re-registration applications (Form I-821) and Applications for Employment Authorization (Form I-765) filed under former Secretary Mayorkas’ Jan. 17, 2025, redesignation. USCIS will cease processing applications already submitted and return associated filing fees. Additionally, USCIS will invalidate Venezuela TPS work authorization documents, approval notices, and I-94 forms issued with Oct. 2, 2026, expiration dates.

It will be published in the Federal Register on February 5, 2025.

The USCIS webpage TPS for Venezuela.

Highlights of the New Executive Orders relating to immigration law and policies signed since January 2025.
​
National Emergency Declaration at the Southern Border
President Trump declared a national emergency to mobilize the U.S. military, expedite border wall construction, and bolster surveillance through drones and advanced technology. This measure aims to deter illegal crossings and improve border integrity and security.

Designation of Drug Cartels as Foreign Terrorist Organizations
The administration has classified drug cartels as “foreign terrorist organizations.” This designation will facilitate more robust measures against their operations and may influence broader immigration enforcement actions.

End of Humanitarian Parole Programs
The administration continues to affirm plans to terminate programs that had provided legal pathways for migrants from countries like Cuba, Haiti, Nicaragua, and Venezuela, as well as similar programs for Afghans, Ukrainians, and other groups. This signals a shift away from temporary humanitarian admissions and toward stricter immigration controls.

Re-examination of Temporary Protected Status grants to ensure they “are appropriately limited in scope and made for only so long as may be necessary to fulfill the textual requirements of that statute”.

Changes to Asylum and Refugee Policies
The executive orders aim to end “catch and release” practices and significantly restrict asylum rights, reducing the ability of migrants to seek protection upon arrival. These measures may face legal challenges claiming they are inconsistent with existing U.S. and international law.
​
Additionally, the administration intends to suspend the refugee resettlement program for four months. The refugee resettlement program has, for several decades, allowed hundreds of thousands of people fleeing war and persecution to come to the United States. President Trump similarly suspended the refugee program at the beginning of his first term, and, after reinstating it, significantly reduced the number of refugees admitted annually.

Enhanced Interior Enforcement
Key actions include reinstating the “Remain in Mexico” policy, expanding the 287(g) program—which deputizes state and local officials as federal immigration enforcement agents—and issuing financial penalties to sanctuary cities that do not cooperate with federal immigration authorities. Both actions reflect the Trump administration’s campaign promise to crack down on illegal immigration and carry out mass deportations.

A measure “ensuring that employment authorization is provided in a manner consistent with [existing employment authorization regulations], and that employment authorization is not provided to any unauthorized alien in the United States.”

A directive to “take all appropriate action. . .to encourage aliens unlawfully in the United States to voluntarily depart as soon as possible.”

Increased use of detention pending removal from the United States.

End Birthright Citizenship
One of the key announcements is the effort to end birthright citizenship. Birthright citizenship ensures that anyone born in the United States automatically becomes an American citizen. It is expected to face legal challenges.

The new Executive Order challenges this historical precedent, and seeks to limit citizenship to children of at least one U.S. citizen or lawful permanent resident (green card holder), regardless of physical presence.
On January 20, 2025, Inauguration Day, President Trump signed an executive order entitled “Protecting the Meaning and Value of American Citizenship”, which interprets the language “subject to the jurisdiction thereof” in the Fourteenth Amendment of the Constitution to mean that U.S. citizenship does not extend to individuals born in the United States:
1. when that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth,
2. or when that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.
The Executive Order directs agencies not to “issue documents recognizing United States citizenship, or accept documents issued by State, local, or other governments or authorities purporting to recognize United States citizenship” to individuals falling within these categories.

The Executive Order specifies that it applies “only to persons who are born within the United States after 30 days from the date of this order”, after February 19, 2025, and does not explain whether the U.S. citizenship of a child who has already been born to two non-U.S. citizen or LPR parents will continue to be recognized.
Based on the text of the EO, citizenship would also no longer be granted children born to individuals on temporary visas, including employment-based visas. The Executive Order is scheduled to take effect on February 19, 2025, however a legal challenge has already been filed. Other lawsuits are sure to follow, and the executive order may be blocked by federal courts. 

Visa applicants and employers can expect to see many of these policies implemented immediately, which may result in processing delays and even possible denials. The Executive Order also directs various agencies to -- within 60 days -- identify countries that may post a security risk and for which a suspension of admission may be warranted. This directive signals a potential return of policies similar to the travel ban that was implemented in 2017 against several countries. 

Florida’s Role in Supporting Federal Immigration Goals
Florida has proposed legislation designed to align Florida’s state policies with the Trump administration’s federal immigration priorities. These include:

• Maximum Participation in the 287(g) Program: Florida will mandate compliance from local officials, imposing penalties for non-compliance.
• State Crime for Illegal Entry: The legislation creates a state offense for illegal entry, coupled with a self-deportation mechanism.
• Unauthorized Alien Transport Program (UATP): Expansion of this program will facilitate the detention and deportation of unauthorized individuals.
• Repeal of In-State Tuition for Undocumented Students: This move underscores a stricter approach to benefits extended to unauthorized residents.
• Voter Registration Reforms: Measures will ensure identity verification and impose severe penalties for voter fraud.
• Restrictions on Financial Transfers: New rules will require identity verification for foreign remittance transfers, aiming to reduce potential misuse.

Implications and Challenges
These policies are expected to face legal challenges. Some of them can be declared invalid by the courts. 

​DHS to Extend Temporary Protected Status for Ukraine

Extension Allows Eligible Ukrainian Nationals Who Arrived on or Before August 16, 2023, to Maintain TPS and Employment Authorization Following Vetting

WASHINGTON – The Department of Homeland Security announced today the extension of Temporary Protected Status (TPS) for Ukraine for 18 months. The extension of TPS is due to ongoing armed conflict and extraordinary and temporary conditions in Ukraine that prevent eligible Ukrainian nationals from safely returning.

After reviewing the country conditions in Ukraine and consulting with interagency partners, it was determined that an 18-month TPS extension is warranted because of conditions resulting from the expansion of the Russian military invasion into Ukraine, the largest conventional military action in Europe since World War II. Russia’s expanded military invasion has led to high numbers of civilian casualties and reports of war crimes and crimes against humanity committed by Russian military forces and officials. This invasion has caused a humanitarian crisis, with significant numbers of individuals fleeing and damage to civilian infrastructure that has left many without electricity or access to medical services. These conditions prevent Ukrainian nationals and habitual residents from safely returning. Such a determination meets the statutory obligation to decide, at least 60 days before the expiration of a TPS designation, whether the conditions for designation continue to be met and merit an extension.

The extension of TPS for Ukraine allows approximately 103,700 current eligible beneficiaries to re-register for TPS, if they continue to meet eligibility requirements. Re-registration is limited to individuals who previously registered for TPS under Ukraine’s designation. This population includes nationals of Ukraine (and individuals without nationality who last resided in Ukraine) who have been continuously residing in the United States since at least August 16, 2023, with or without lawful immigration status. Every individual processed by the Department of Homeland Security goes through rigorous national security and public safety vetting during the original application process and again during re-registration. If any individual is identified as posing a threat, they may be detained, removed, or referred to other federal agencies for further investigation or prosecution as appropriate. Individuals are barred from TPS if they have been convicted of any felony or two misdemeanors.

DHS recognizes that not all re-registrants may receive a new Employment Authorization Document before their current EAD expires and is automatically extending for 12 months the validity of EADs previously issued under Ukraine’s TPS designation.

U.S. Citizenship and Immigration Services (USCIS) will continue to process pending applications filed under the Ukraine designation. Both initial applicants and re-registering current beneficiaries who have a pending Form I-821 or Form I-765 do not need to file either application again. If USCIS approves an individual’s pending Form I-821, USCIS will grant them TPS through October 19, 2026. Similarly, if USCIS approves a pending TPS-related Form I-765, USCIS will issue the individual a new EAD that will be valid through the same date.  

A soon-to-be-published Federal Register notice will explain the eligibility criteria, timelines, and procedures necessary for current beneficiaries to re-register and renew EADs.

--

Только что было объявлено о продлении ТПС для Украины на дополнительный период 18 месяцев с 19 апреля 2025 по 19 октября 2026.

Если вы находились в США до 16 августа 2023 вы сможете подать на ТПС (временный статус защиты).

Если у вас и ваших детей уже есть ТПС, вы сможете продлить.

Также подавайте на разрешение на работу, форма I-765, и получите автоматическое продление EAD на 12 месяцев.

Пока решение не было опубликовано в Федеральном Регистре, только после публикации можно будет подать.

Не забывайте про ваших детей - каждому нужно подать заявление на ТПС по отдельности.

Мы опубликовали краткое видео тут:  www.youtube.com/@lubasmalimmigrationlawyer

Eligible Ukrainians Can Now Apply for Re-Parole - Form I-131 with a Filing Fee.

С 11 октября 2024 новая форма заявления I-131 заменила старую форму (edition date 06/17/2024). Новая форма I-131 имеет 14 страниц вместо 5, и много новых опций. Будьте внимательны выбирая опцию для Украины как онлайн так и в бумажной форме. Смотрите на странице 4 в бумажной форме. Госпошлина за эту опцию re-parole for Ukraine $630 (или на $50 дешевле, если подается онлайн). 

Начиная с 27 февраля 2024 украинцы, находящиеся в США по гуманитарному паролю в связи с войной, могут подать заявление на продление пароля (форма I-131 с уплатой госпошлины). ПОСЛЕ того, как пароль продлят, если его утвердят, заявитель может подать заявление на новое разрешение на работу.
​
Важно подать ДО истечения пароля, но можно подать и позже Важно подавать не вместе, а по отдельности: 1) Form I-131, 2) Form I-765 - после утверждения I-131. 

Продление пароля полезно тем украинцам и членам их семей - кто НЕ получили ТПС, у кого нет заявления на грин карту на рассмотрение, и нет других вариантов для лагализации для легализации. Это важно сделать если вы хотите оставаться в легальном статусе, и у вас нет других вариантов.

Предпочтительно подавать онлайн.

Каждый член семьи подает отдльно со своего аккаунта. Заявления не зависят друг от друга.

Пароль продлят на два года с даты истечения текущего пароля.

Утверждение не гарантировано. 

Только ЕСЛИ утвердят пароль,можно будет подавать на разрешение на работу по этой категории. Или вы можете подавать на разрешение на работу по ТПС, если у вас есть статус TPS/

Помните, что с 1 апреля 2024 вступают в силу новые госпошлины.

​
Начиная с 27 февраля 2024 украинцы, находящиеся в США по гуманитарному паролю в связи с войной, могут подать заявление на продление пароля (форма 131 с уплатой госпошлины, которая в настоящее время 575). ПОСЛЕ того, как пароль продлят, если его продлят, заявитель сможет подать заявление на новое разрешение на работу.
Важно подать ДО истечения пароля. Важно подавать не вместе, а по отдельности: 1) Form I-131 - госпошлина $575, 2) Form I-765 - после утверждения I-131. Госпошлина $410.
С 1 апреля 2024 вступают в силу новые госпошлины.

Beginning Feb. 27, 2024, certain Ukrainian citizens and their immediate family members displaced by the war and paroled into the United States on or after Feb. 11, 2022, will be able to apply for a new period of parole (also known as re-parole) for up to two years. USCIS will consider these applications on a discretionary, case-by-case basis for urgent humanitarian reasons or significant public benefit. To apply for re-parole, eligible applicants should submit Form I-131, Application for Travel Document, with the appropriate filing fee through a USCIS online account to save time and reduce errors commonly found on paper-filed forms that can lead to delays. Once approved for re-parole, Ukrainians can then apply for an initial or renewal Employment Authorization Document with USCIS. 

To be eligible for re-parole under this process, you must demonstrate the following: 

• That you are a Ukrainian citizen or their immediate family member who was paroled into the United States on or after Feb. 11, 2022; 
• That there are continued urgent humanitarian reasons or significant public benefit for issuance of a new period of parole, including the urgent humanitarian reasons or significant public benefit factors identified above, as well as any additional factors; 
• That you warrant a favorable exercise of discretion; 
• That you are physically present in the United States; 
• That you have complied with the conditions of the initial parole; and 
• That you clear biographic and biometric background checks. 

You can find your initial date of parole on your Form I-94, Arrival/Departure Record, issued by U.S. Customs and Border Protection.
It is important that you file your application for re-parole before the end of your initial parole period. If circumstances allow, USCIS recommends filing your application for re-parole no later than 60 days before the last day of your initial parole period.  

Required Documents
You must use Form I-131 to request re-parole. You can submit Form I-131 online or on paper by mail. You do not need to file Form I-134, Declaration of Financial Support, or Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, as a supporter is not required for re-parole. Regardless of whether you apply for re-parole online or on paper by mail, you must provide documentation to confirm your initial period of parole and identity, including your photo, name, and date of birth. Examples include: 

• Form I-94; 
• A copy of both sides of your USCIS-issued Employment Authorization Document (EAD), if you applied for and received one; 
• A copy of both sides of your U.S. government-issued driver’s license or U.S. government- issued ID, if you applied for and received one; or 
• A copy of the identity (biographical) page of your passport and copies of all admission and parole stamps in your passport for entries into the United States. Please note that children may be included in a parent’s Ukrainian passport; in such cases, the children’s information will not be on the identity page. 

If you submit any document containing information in a foreign language to USCIS, you must include a full English language translation that the translator has certified as complete and accurate and include the translator’s certification that they are competent to translate from the foreign language into English. 

Employment Authorization
If USCIS approves your application for re-parole, you can then apply separately for a new EAD, for the duration of your new period of parole, by submitting Form I-765, Application for Employment Authorization, to USCIS after they approve your re-parole.

If you file Form I-765 before grant of re-parole, USCIS may deny your Form I-765, and will not refund any associated fees. You can apply for an EAD through a USCIS online account.  

While their new EAD application is pending, parolees who have received re-parole may be able to show their new Form I-94 (issued following the grant of re-parole) as acceptable evidence of identity and employment authorization for a period of up to 90 days from the date they are hired (or for reverification of employment eligibility when the initial EAD expires).  To use the I-94 for this purpose, a parolee must have been:  

• Granted re-parole as a certain Ukrainian citizen or an immediate family member;  
• Have a most recent date of entry on or before Sept. 30, 2023; and  
• Have a new I-94 with “UHP” listed as the class of admission.  

Within 90 days, the employee must present an unexpired EAD or unrestricted Social Security card and a List B identity document such as a state-issued driver’s license or identification card to meet the Form I-9 requirements.   

Have You Moved? 
As a condition of your parole, you must update your address with USCIS each time you move and within 10 days of moving. We strongly encourage you to change your address through your USCIS online account. This will help ensure you receive all correspondence and benefits from us in a timely manner and avoid possible delays.  
​
Frequently Asked Questions 
What do I need to know to complete the Form I-131 for re-parole? 
 On the online form, this will be the first question under the first section, called “Basis of Eligibility.” In the same section you must also select “yes” to the question, “Are you applying for re-parole?” 
  
On the paper form, this option is located in part 2, item 1.e. You also must write “Ukraine Re-Parole” at the top of the form if you file on paper and mail your form to the designated filing location. 
  
For detailed instructions on how to apply for re-parole under this process, visit the Re-Parole Process for Certain Ukrainians webpage. 
 

How much does it cost to apply for re-parole? 
The current Form I-131 filing fee is $575. There is no cost for biometric services. If you want to request a fee waiver, you must file Form I-131 on paper. You cannot apply for re-parole online if you are submitting a fee waiver request.  
  
Note: Our fees will be changing on April 1, 2024. Before filing, you should always check for the most up-to-date filing fee by visiting the Form I-131 page. 
 

Do I need to apply for a new EAD to be able to continue working? 
Yes. If your application for re-parole is approved, you may file Form I-765 through your USCIS online account. Do not file your Form I-765 until after we approve your re-parole application. Eligible parolees whose Form I-765 is approved will receive an EAD that they can present to their employer for Form I-9, Employment Eligibility Verification.  
  
If you are approved for re-parole, you may be able to use your updated I-94 as an acceptable identity and work authorization document for a limited time while USCIS adjudicates your Form I-765, if you were paroled on or before Sept. 30, 2023.  Individuals who receive a Form I-131 approval notice showing a new period of parole should visit the U.S. Customs and Border Protection Form I-94 website to view and print a copy of their new Form I-94. If USCIS approves your re-parole application, the updated I-94 will show a “class of admission” of “UHP.” 
  
For parolees who are granted re-parole and whose new, unexpired Form I-94 includes a UHP class of admission and a “Most Recent Date of Entry” on or before Sept. 30, 2023, the Form I-94 is an acceptable List A receipt that shows their identity and employment authorization for Form I-9, Employment Eligibility Verification. This satisfies the Form I-9 requirement for 90 days from the date of hire (or in the case of reverification, the date employment authorization expires). 
 
After the 90-day period, parolees must present an unexpired EAD, or unrestricted Social Security card and acceptable List B identity document from the Form I-9 Lists of Acceptable Documents (such as a state-issued driver’s license or identification card). We recommend filing Form I-765 as soon as we approve your re-parole application. USCIS will provide additional guidance to employers about completion of the Form I-9. 
  

My first EAD is expiring soon. Will USCIS waive the filing fee for my second EAD? 
No. While USCIS did not initially require a filing fee for most of the parolees who are now eligible to apply for this process, you must submit Form I-765 for your second EAD, and include the current filing fee of $410. Before you file, check for the most up-to-date filing fee by visiting the Form I-765 page.  
  
If you want to request a fee waiver, you must file Form I-765 on paper. You cannot apply for an EAD online if you are submitting a fee waiver request. 
 

If I request a fee waiver, will it affect my application? 
 
No. Requesting a waiver of the Form I-765 fee does not affect the adjudication of your employment authorization. 
 

Do I need to file any other forms to apply for re-parole? 
No. You only need to file Form I-131 with the required supporting documents to apply for re-parole.  
 

How soon can I file for re-parole? 
 
It is important that you file your application for re-parole before the end of your initial parole period. If circumstances allow, USCIS recommends filing your application for re-parole no later than 60 days before the last day of your initial parole period. We will be prioritizing cases based on parole expiration dates. 
 

What if my initial parole expires while my re-parole application is pending?  After your initial parole expires, you no longer are in an authorized period of stay unless you have been granted an immigration status, such as asylum or TPS, or are otherwise in an authorized period of stay, such as if you have a pending asylum, TPS, or Green Card application. We encourage you to file your re-parole application as soon as possible. 


Action Items 

• Create your free USCIS online account today to apply for re-parole. By applying online, you can prevent common mistakes on your forms. If you already have an account, confirm that you have access to it. Through a USCIS online account, you can check the status of your case, access your notices from USCIS, communicate with us, and respond to requests for evidence. Even if you plan to apply for re-parole and for a new EAD by paper, you are still encouraged to create a USCIS online account to check on your case status and access USCIS notices. 
• Update your address through your USCIS online account or follow the information provided on our How to Change Your Address webpage if you are filing on paper. This will help to ensure you receive all correspondence and benefits in a timely manner. 
• Review and ensure completion of all attestation requirements through your USCIS online account, including:

• • An attestation that you have completed vaccine requirements or are eligible for an exception to vaccine requirements for measles, polio, and the first dose of an FDA-approved or -authorized COVID-19 vaccine or a WHO-Emergency use listed (EUL) COVID-19 vaccine. 
  • An attestation that you received a medical screening for tuberculosis, including an Interferon-Gamma Release Assay (IGRA) test, within 90 days. 

• Gather all required documents. 
• Timely apply for re-parole before your initial parole period ends.  
• Learn more about the benefits of filing online today. 

Important Resources 

• How to Create a USCIS Online Account in Ukrainian 
• How to Create a USCIS Online Account in Russian 
• Request technical support with your USCIS online account. 
• Learn more about re-parole for certain Ukrainian citizens and non-Ukrainian immediate family members at the Re-Parole Process for Certain Ukrainians webpage. 
• We may have the answer to your questions on our frequently asked questions page.  

 ​Immigrants are now far more likely to face the complexities of the immigration court system alone, without an attorney. As of December 2023, only 30% of immigrants with pending cases have immigration attorneys, down from 65% just four years ago. There are not enough judged and immigration courts.

This new data comes from Syracuse University’s Transactional Records Access Clearinghouse (TRAC). On January 24, TRAC published data showing that representation rates at U.S. immigration courts have decreased significantly. These trends highlight concerns about migrants’ ability to obtain an attorney to navigate our immigration system.

Federal law generally provides immigrants the right to secure legal representation before federal immigration agencies, but immigrants must pay the cost—or secure the assistance of a pro bono (free) attorney, if they can find one. There is no right to have a free lawyer in Immigration Court.

he assistance of an attorney can be crucial to succeeding in one’s case. For example, in removal proceedings, immigrants not subject to immigration detention are five times more likely to obtain relief if they are represented. Attorneys also contribute to efficiencies in removal proceedings, including fewer hearings and more successful claims.

Cases before the immigration courts have grown substantially in the last decade. In 2013, there were 344,230 pending cases. Now the backlog stands at more than 3.2 million cases.

This is the result of many reasons. Recently, however, as undocumented migrant arrivals increase, a dramatic increase in newly filed cases during the past year--nearly 1.5 million—are causing concern about whether the supply of immigration attorneys can meet the current demand by asylum seekers.

In addition, many of those filing the asylum claims, don't see it necessary to consult or hire an attorney. Many migrants who spent US$15,000-$50,000 and more to travel to the USA to illegally cross the Southern border (many arriving from Asia or Europe), incorrectly assume that the lawyer will be provided to them for free, or take for granted that their status will be approved, or simply don't care as long as they are in the USA. Often, ethical attorneys refuse representation when the prospective clients have no legitimate claim for immigration benefits besides being interested in living in the United States. As a result, currently, only about 30% of immigrants with cases in Immigration Court have attorneys.

There is a deep and growing crisis at the Southern border, affecting our already ineffective immigration system, and creating many national security risks.

Q: I came to the United States on Humanitarian Parole from Ukraine (or Venezuela, Haiti, etc). I didn't apply for a work permit yet, and I do not have an employment authorization yet. I need a SSN to apply for certain benefits. Can I apply for a SSN even though I don't have a work permit yet?

A: Yes, you can. 
​
Parolees from several countries  who have been granted humanitarian parole may be eligible to apply for a U.S. social security number. There are two potential methods.

(1) You can either apply directly to the Social Security Administration, or (2) you may apply for one when you file Form I-765 Application for an Employment Authorization Document (EAD).
A humanitarian parolee with only a Form I-94 or a parole stamp in their passport may only apply for a non-work Social Security number (SSN). If you are applying for benefits, your local welfare or social service agency should provide you with a referral letter to the Social Security Administration explaining that the agency needs your SSN in order to process your application for benefits. With this letter, the Social Security Administration will accept your application for an SSN.
To apply for a non-work SSN directly through the Social Security Administration, fill out the application for a Social Security Card and print the application. Bring it to your nearest Social Security Administration office, along with your passport, I-94, birth certificate, marriage certificate, and the referral letter from the welfare or social services agency. You may need to make an appointment in advance at the Social Security Administration. Prepare translations of any required documents in advance.
The link for the social security card application can be found at https://www.ssa.gov/forms/ss-5.pdf
You can look up the closest Social Security Administration office at https://secure.ssa.gov/ICON/main.jsp#officeResults
You may also apply for a social security number when you apply for your work permit, which can be provided to employers. When filling out your Form I-765 – Application for Employment Authorization Document (EAD), check boxes 14 and 15 to receive a Social Security Card. You may do this even if you previously received a non-work SSN. The information you provide on this form will then be sent to the Social Security Administration to issue you a social security card.

Once you receive your Social Security Card, please remember to sign it, and keep it in a safe place (it is not advisable to carry it on your person).

Here is a guidance from the SSA office: https://secure.ssa.gov/poms.nsf/lnx/0110211600

Here is an application for a work permit, which can be filed online at USCIS website: https://www.uscis.gov/i-765

In September 2023, the Department of Homeland Security (DHS) announced both the extension and redesignation of Temporary Protected Status (TPS) for Venezuela. The detailed instructions are now available in the Federal Register.
The 18-month extension of TPS and employment authorization for those who already have TPS runs from March 11, 2024, until September 10, 2025.
The redesignation, on the other hand, runs from October 3, 2023, until April 2, 2024.

The timing for applying for the extension and the redesignation are different.

Venezuelans who are already in TPS and have employment authorization must apply for the extensions during the 60-day registration period that runs from January 10, 2024, until March 10, 2024. Failure to re-register could result in a withdrawal of status.

Because DHS recognizes that there may be a gap in employment authorization even for those who timely apply, Venezuelan TPS-based Employment Authorization Documents (EADs) with expiration dates of March 10, 2024, or September 9, 2022, will be automatically extended until March 10, 2025. Once new EADs are issued, they will have an expiration date of April 2, 2025.

Individuals who are taking advantage of the redesignation may make initial TPS and EAD applications between October 3, 2023, and April 2, 2025, when the redesignation will expire. As with those seeking extensions, individuals must meet all the general eligibility requirements, but they also must show:

• Continuous residence in the United States since July 31, 2023; and
• Continuous physical presence in the United States since October 3, 2023.

Individuals making initial applications must have a valid EAD to show work authorization. The automatic extensions would not apply.

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

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

Текст самого законопроекта пока не был опубликован на сайте Конгресса.

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

Это информация с сайта Конгресса США:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

On February 21, 2023, the Biden administration recently announced a proposed asylum regulation. It would create a new asylum application process for adults and families who present themselves unannounced to U.S. border officials to request asylum, and had traveled through another country on their way to the U.S. without applying for asylum – and being denied — there.

The government insists that every asylum seeker has the power to avoid the ban by sticking to what it calls “lawful pathways”, that implies it’s unlawful to seek asylum if you enter the United States between ports of entry. And the regulation creates a whole procedure to determine whether and how the ban applies.

So, to illustrate the steps of the proposed regulation, here is “How to Seek Asylum In the United States (Under the Biden Administration’s Proposed Asylum Transit Ban), In 12 Not-At-All-Easy Steps" created by a non-profit  organization American Immigration Council.

• Step 1: If you are from Cuba, Haiti, Nicaragua, Ukraine or Venezuela, and you have not irregularly entered Panama (through the Darién) or Mexico: go to step 2. If not, go to step 3.
• Step 2: If you have people in the U.S. willing to sponsor you who make enough money, cash for airfare, a passport, and time to wait: apply for humanitarian parole, which will allow you to fly into the U.S. and work legally for 2 years. If you don’t, go to Mexico and Step 3.
• Step 3: Try to find safe shelter on the Mexican side of the border (while evading Mexican immigration enforcement if you don’t have permission to be in Mexico). If you can find it, and you have the ability to freely travel to a port of entry (instead of having your smuggler decree where you’ll be crossing), go to step 4. If not, cross into the U.S. between ports of entry, request asylum, and go to step 7 for your eventual screening interview.
• Step 4: If you have a phone that can install CBP One, the ability to read English, Spanish, or Haitian Kreyol (but really just English, since that’s what the error messages are in), and patience to try to search for appointments day after day when the limited slots fill up or the app glitches: download CBP One and keep trying to get an appointment until you access the normal asylum process. If you run out of patience, money, or hope, go to step 5.
• Step 5: Go to the port of entry – assuming there aren’t U.S. or Mexican officials positioned in front of it preventing you from setting foot on U.S. soil. Try to get the attention of an officer and request asylum if you make it onto U.S. soil, then go to step 6.
• Step 6: Wait for your credible fear interview with an asylum officer. You can argue to them that you were unable to use CBP One due to an “ongoing and serious obstacle”; the burden is on you to prove that. If you can persuade the official it is more likely than not you were thus prevented, go to the normal asylum process, starting with a credible fear interview. Otherwise, go to step 7.
• Step 7: The asylum officer will ask whether you applied for—and were denied—asylum in another country before coming to the U.S. If you didn’t, you are now presumed barred: ineligible for asylum. Go to step 8.
• Step 8: The asylum officer will now find out if you qualify for an exemption to the bar – in legal terms, whether you “rebut the presumption” of ineligibility. If you were subject to an “acute” medical emergency; in “imminent and extreme danger;” or being trafficked in a “severe form” and can demonstrate all of this to the asylum officer’s satisfaction, you will be allowed to access the normal asylum process, including a credible fear interview. Otherwise, go to step 9.
• Step 9: At this point, the interview will proceed like a normal asylum screening interview, with questions about persecution faced in your home country and why you fear return. But the standard for passing the interview has shifted. Instead of the normal asylum process, which uses a “credible” standard met by 60 percent of interviewees over the last year (though it’s been higher in the past), you’re now subject to a “reasonable” standard that about a third of interviewees have met over that period. If you can pass the higher bar, you pass the interview and will be allowed to stay in the U.S. to appear before an immigration judge; go to step 11. If you can’t, go to step 10.
• Step 10: You fail the interview. If you want to appeal to a judge, request it in writing and go to step 12; otherwise, you will be deported.
• Step 11: You are allowed to apply for asylum before the immigration judge. However, it’s not clear from the draft regulation what happens next. The text of the draft regulation doesn’t say anything further has to happen, so judging by that, you will be allowed to access the normal asylum process. But the way DHS says the new system will work—in the preamble published in the Federal Register alongside the draft regulation, and on its website—is more complicated, and suggests you may still be ineligible for asylum and could only apply for “withholding of removal.” That means it’s possible the final regulation will be changed to reflect the more complicated process, and if not, the ambiguity may be used to your disadvantage. For that, go to step 12.
• Step 12: The judge reviews your interview transcript with the asylum officer and does their own review of whether you have demonstrated that you meet an exception to the bar (like the asylum officer did in step 8). If they find you do, you will be allowed to access the normal asylum process. If not, they’ll then review whether you demonstrate “reasonable fear” (as in step 9). If they find you do have a “reasonable fear,” you may be allowed to access the normal asylum process, or may be restricted to withholding of removal. If they find you don’t, you will be deported.

This chart is not meant to be legal advice. Because if this seems convoluted—not to mention unclear—then know that the government is giving both itself and the public less than the usual amount of time to comment on and revise the draft regulation before it’s finalized.

Please note that this is still a proposed rule. The period for public comment is short—30 days instead of 60—and the time the government will take to read those comments could be constrained. The Biden administration has said that it anticipates it will have a new policy regime in place to succeed Title 42 when the national COVID emergency ends, which is currently set to happen on May 11, 2023. This regulation is written to serve as that policy: it says it won’t go into effect until Title 42 ends, which means the administration thinks there’s a good chance it will be finalized before then. That gives the government as little as six weeks for a process that often takes up to a year.

Read more here.

The Department of Homeland Security (DHS) today posted a Federal Register notice on Temporary Protected Status (TPS) for Haiti. The notice provides information about how to register or re-register for TPS under Haiti’s extension and redesignation for an additional 18 months, from February 4, 2023, through August 3, 2024. Last month, Secretary of Homeland Security Alejandro N. Mayorkas announced the 18-month extension and redesignation of Haiti for TPS.

The registration process begins on January 26, 2023. All individuals who want to request TPS under the designation of Haiti must file an application.

The extension of TPS for Haiti allows approximately 107,000 current beneficiaries to retain TPS through August 3, 2024, if they continue to meet TPS eligibility requirements. It is estimated that approximately 105,000 additional individuals in the United States may be eligible for TPS under the redesignation of Haiti. Only individuals who have been continuously residing in the United States since November 6, 2022, are eligible for TPS under Haiti’s redesignation.

Existing TPS beneficiaries who wish to extend their status to August 3, 2024, must re-register during the 60-day re-registration period from January 26, 2023, through March 27, 2023, to ensure they keep their TPS and employment authorization without a gap. DHS recognizes that not all re-registrants may receive new Employment Authorization Documents (EADs) before their current EADs expire on February 3, 2023, and is automatically extending through February 3, 2024, the validity of EADs previously issued under the TPS designation of Haiti.

U.S. Citizenship and Immigration Services will continue to process pending applications filed under Haiti’s initial TPS designation. Individuals with a pending Form I-821, Application for Temporary Protected Status, or a related Form I-765, Application for Employment Authorization, do not need to file either application again.

New applicants for TPS under the redesignation of Haiti must submit Form I-821, Application for Temporary Protected Status, during the initial registration period that runs from January 26, 2023, through August 3, 2024. Haiti TPS applicants may file Form I-821 online. When filing a TPS application, applicants can also request an EAD by submitting Form I-765, Application for Employment Authorization, either with their Form I-821 or separately at a later date. Applicants may also submit Form I-765 online.

The Federal Register notice explains the eligibility criteria, timelines, and procedures necessary for current beneficiaries to re-register and renew their EAD, and for new applicants to submit an initial application under the redesignation and apply for an EAD.
​

Generally, being a dual national (having two or more citizenships, one of which in a TPS-designated country) does not prohibit an applicant from applying for TPS.

However, a dual national applicant should very carefully consider his or her "operative nationality" and "firm resettlement" issues before applying for TPS.

It is advisable to consult an attorney before applying.

Operative Nationality

Although US law recognizes dual nationality, a person may claim only one nationality at a time for immigration matters within the United States. This singular “operative nationality” becomes the crucial first test in assessing whether the dual national may qualify for TPS.

USCIS generally looks at how the applicant entered the US in order to determine operative nationality. For example, what passport they used to travel to the United States, and when applying for extension or change of status, how did they identify their nationality on forms and applications?

If you entered with a passport from a TPS-designated country and that country is shown on the I-94, it’s safe to say you have met the operative nationality test. If so, move to the next analysis.
 
Firm Resettlement

Even if the dual national passes the operative nationality test, the USCIS officer may still challenge by issuing a request for additional evidence (RFE) and assess whether the dual national may have firmly resettled in another country.

The law state that a noncitizen is “considered to be firmly resettled if, prior to arrival in the United States, he or she entered into another country with, or while in that country, received, an offer of permanent resident status, citizenship, or some other type of permanent resettlement”.

Under the firm resettlement analysis, simply having a passport from the non-TPS country without living in that non-TPS-country should not give rise to a firm resettlement finding. However, ask an advise from an attorney before applying.
Even if the dual national did enter the non-TPS-country, the applicant may still establish that they are not subject to the firm settlement bar by showing that there were no significant ties or there were restrictive conditions in the non-TPS-country.

USCIS explained these factors in a March 29, 2021 Questions and Answers on “Designation of Syria for Temporary Protected Status,” by stating the following:
"TPS applicants may submit evidence regarding when and how they obtained their non-TPS citizenship, the nature of their family and other ties to the non-TPS country, whether they have lived in the other country, when and how long they lived in that country, dates of visits to the non-TPS country of citizenship, and any other information that the applicant believes may be relevant to the firm resettlement issue. ".

More information on TPS is here.

Eligibility Requirements

To be eligible for TPS, you must:

• Be a national of a country designated for TPS, or a person without nationality who last habitually resided in the designated country;
• File during the open initial registration or re-registration period, or you meet the requirements for late initial filing during any extension of your country’s TPS designation (Late initial filers see ‘Filing Late’ section below);
• Have been continuously physically present (CPP) in the United States since the effective date of the most recent designation date of your country; and
• Have been continuously residing (CR) in the United States since the date specified for your country. (See your country’s TPS web page to the left). The law allows an exception to the continuous physical presence and continuous residence requirements for brief, casual and innocent departures from the United States. When you apply or re-register for TPS, you must inform USCIS of all absences from the United States since the CPP and CR dates. USCIS will determine whether the exception applies in your case.

You may NOT be eligible for TPS or to maintain your existing TPS if you:

• Have been convicted of any felony or two or more misdemeanors committed in the United States;
• Are found inadmissible as an immigrant under applicable grounds in INA section 212(a), including non-waivable criminal and security-related grounds;
• Are subject to any of the mandatory bars to asylum. These include, but are not limited to, participating in the persecution of another individual or engaging in or inciting terrorist activity;
• Fail to meet the continuous physical presence and continuous residence in the United States requirements;
• Fail to meet initial or late initial TPS registration requirements; or
• If granted TPS, you fail to re-register for TPS, as required, without good cause.

Briefly in Russian:

Нередко человек, подающий на TPS, имеет два или более гражданства.

В каких ситуациях USCIS утверждает TPS таким лицам с двойным гражданством, у которых потенциально есть безопасная страна?

1) Вначале проводится анализ по какому паспорту человек въехал в США, какое гражданство было заявлено при въезде.

2) Если это гражданство страны, где TPS статус был объявлен, то второй элемент теста - проживал ли человек в безопасной стране своего второго гражданства, какая связь с этой страной? 

Нередки случаи, коглда именно по этому пункту USCIS присылает RFE или запрос на дополнительные документы, и отказы по этому сонованию также бывают.

Если вы сомневаетесь, лучше проконсультироваться с адвокатом перед подачей заявления на TPS.

(1) New program similar to Uniting for Ukraine was announced today for Venezuela.

​Details to follow soon at. https://www.uscis.gov/venezuela

The Biden administration agreed to accept up to 24,000 Venezuelan migrants at U.S. airports, similar to how Ukrainians have been admitted since Russia’s invasion, while Mexico has agreed to take back Venezuelans who come to the U.S. illegally over land, the U.S. and Mexico said Wednesday.

To be eligible, Venezuelans must:

have a supporter in the United States who will provide financial and other support;
pass rigorous biometric and biographic national security and public safety screening and vetting; and
complete vaccinations and other public health requirements.

*** Venezuelans are ineligible if they:

have been ordered removed from the United States in the previous five years;
have crossed without authorization between ports of entry after the date of announcement;
have irregularly entered Mexico or Panama after the date of announcement, or are a permanent resident or dual national of any country other than Venezuela, or currently hold refugee status in any country; or
have not completed vaccinations and other public health requirements.

Venezuelans approved via this process will be authorized on a case-by-case basis to travel to the United States by air directly to an interior port of entry, thus relieving pressure at the border. Once in the United States, they will be eligible to apply for work authorization.


(2)  DHS Announces Extension of Temporary Protected Status TPS for Venezuela Until March 10, 2024.

Release Date: July 11, 2022
WASHINGTON--Secretary of Homeland Security Alejandro N. Mayorkas is extending the designation of Venezuela for Temporary Protected Status (TPS) for 18 months. 

The 18-month extension of TPS for Venezuela will be effective from September 10, 2022, through March 10, 2024. Only beneficiaries under Venezuela’s existing designation, and who were already residing in the United States as of March 8, 2021, are eligible to re-register for TPS under this extension. Venezuelans who arrived in the United States after March 8, 2021, are not eligible for TPS. Approximately 343,000 individuals are estimated to be eligible for TPS under the existing designation of Venezuela. 
The forthcoming Federal Register notice will provide instructions for re-registering for TPS and applying for the renewal of an Employment Authorization Document (EAD). Venezuelans who are currently eligible for TPS under the existing designation but may have not yet applied with U.S. Citizenship and Immigration Services (USCIS) should file their applications prior to the September 9, 2022, application deadline, including those Venezuelans who are covered under the January 2021 grant of Deferred Enforced Departure (DED). Venezuela’s DED is set to expire July 20, 2022. 

​Read more here.

USCIS is updating guidance in the USCIS Policy Manual regarding Afghan and Iraqi nationals seeking special immigrant classification. The new guidance is effective immediately.
The updated guidance:

• Explains that noncitizens seeking an Afghan Special Immigrant Visa (SIV) on or after July 20, 2022, must file Form DS-157, Petition for Special Immigrant Classification for Afghan SIV Applicants, with the Department of State when they are applying for Chief of Mission approval. In some circumstances, noncitizens must still file a petition with USCIS to pursue an Afghan SIV;
• Updates eligibility criteria to reflect that the employment requirement for an Afghan SIV is now one year and clarifies what type of employment with the International Security Assistance Force qualifies;
• Updates eligibility criteria for surviving spouses and children of deceased principal noncitizens to expand the scope of who may apply for Afghan and Iraqi SIVs;
• In cases where a visa is not immediately available, removes the date limitation to convert an approved petition for an Afghan or Iraqi translator or interpreter to an approved petition for an Iraqi or Afghan employed by or on behalf of the U.S. government; and
• Clarifies statutory requirements that a noncitizen seeking an Afghan or Iraqi SIV must establish that they provided faithful and valuable service to the U.S. government by submitting a positive recommendation or evaluation from their supervisor.

For more information, see the Policy Alert (PDF, 347.6 KB). Visit the Policy Manual Feedback page to provide feedback on this update. USCIS welcomes feedback on this guidance and will consider any feedback received in future updates.

​USCIS Policy Manual is here.
​July 20, 2022 USCIS Policy Alert is here.

Ukraine
The TPS designation of Ukraine enables nationals of Ukraine and individuals having no nationality who last habitually resided in Ukraine, and who have continuously resided in the United States since April 11, 2022, to file initial applications for TPS. The FRN provides instructions for applying for TPS and an EAD. TPS applicants must meet all eligibility requirements and undergo security and background checks.
TPS designation for Ukraine will go into effect on April 19, 2022, and individuals must also prove their continuous physical presence in the United States since the designation date. The FRNs explain the procedures necessary for an individual to submit an initial registration application under the designations and to apply for an EAD or an Employment Authorization.

C 19 апреля 2022 года украинские граждане находящиеся в США на 11 апреля 2022 могут подавать на временный защищённый статус или TPS. Начиная с 19 апреля заявление на TPS и на разрешение на работу могут быть поданы или онлайн или по почте. Если вы решите подать прошение о бесплатной подаче заявлений, то вы сможете подать только по почте. Если вы будете оплачивать госпошлины, то сможете подать онлайн. Подача онлайн уже открыта!

The official rule was published in the Federal Register on April 19, 2022: https://www.federalregister.gov/documents/2022/04/19/2022-08390/designation-of-ukraine-for-temporary-protected-status 

Filing InformationUSCIS offers the option to applicants for TPS under Ukraine's designation to file Form I-821 and related requests for EADs online or by mail. When filing a TPS application, applicants can also request an EAD by submitting a completed Form I-765, Request for Employment Authorization, with their Form I-821.
Online filing: Form I-821 and I-765 are available for concurrent filing online.[50] To file these forms online, you must first create a USCIS online account.[51]
Mail filing: Mail your application for TPS to the proper address in Table 1.
Table 1—Mailing Addresses

Mail your completed Application for Form I-821, Temporary Protected Status and Form I-765, Application for Employment Authorization, Form I-912, Request for Fee Waiver, if applicable, and supporting documentation to the proper address in Table 1.TravelTPS beneficiaries may also apply for and be granted travel authorization as a matter of discretion. You must file for travel authorization if you wish to travel outside the United States. If granted, travel authorization gives you permission to leave the United States and return during a specific period. To request travel authorization, you must file Form I-131, Application for Travel Document, available at www.uscis.gov/​i-131. You may file Form I-131 together with your Form I-821 or separately. When filing the Form I-131, you must:

• Select Item Number 1.d. in Part 2 on the Form I-131; and
• Submit the fee for the Form I-131, or request a fee waiver, which you may submit on Form I-912, Request for Fee Waiver.

If you are filing Form I-131 together with Form I-821, send your forms to the address listed in Table 1. If you are filing Form I-131 separately based on a pending or approved Form I-821, send your form to the address listed in Table 2 and include a copy of Form I-797 for the approved or pending Form I-821.Biometric Services Fee for TPSBiometrics (such as fingerprints) are required for all applicants 14 years of age and older. Those applicants must submit a biometric services fee. As previously stated, if you are unable to pay the biometric services fee, you may request a fee waiver, which you may submit on Form I-912, Request for Fee Waiver. For more information on the application forms and fees for TPS, please visit the USCIS TPS web page at uscis.gov/tps. If necessary, you may be required to visit an Application Support Center to have your biometrics captured. For additional information on the USCIS biometric screening process, please see the USCIS Customer Profile Management Service Privacy Impact Assessment, available at dhs.gov/privacy.
General Employment-Related Information for TPS Applicants and Their EmployersHow can I obtain information on the status of my TPS application and EAD request?

To get case status information about your TPS application, as well as the status of your TPS-based EAD request, you can check Case Status Online at uscis.gov , or visit the USCIS Contact Center at uscis.gov/contactcenter. If your Form I-765 has been pending for more than 90 days, and you still need assistance, you may ask a question about your case online at egov.uscis.gov/e-request/Intro.do or call the USCIS Contact Center at 800-375-5283

U.S. Citizenship and Immigration Services (USCIS) agreed to restore a path to permanent residency for many Temporary Protected Status (TPS) beneficiaries blocked by then-acting USCIS Director Ken Cuccinelli—an illegally appointed Trump official. ​. Because of today’s agreement, TPS beneficiaries impacted by this policy will be able to reopen and dismiss their removal orders and apply to adjust their status to become permanent residents—eliminating the threat of deportation if their TPS protections are revoked in the future.
The agreement is the result of a new settlement in CARECEN v. Cuccinelli, a lawsuit filed by Democracy Forward, the Catholic Legal Immigration Network, Inc. (CLINIC), Montagut & Sobral, PC, and Debevoise & Plimpton, LLP in August 2020. Seven Temporary Protected Status (TPS) beneficiaries and the Central American Resource Center (CARECEN) sued the Trump administration for unlawfully denying tens of thousands of TPS beneficiaries the opportunity to take steps to adjust their immigration status and become permanent residents. In the lawsuit, the seven current TPS holders shared their stories. Now, each one now has the opportunity to obtain permanent residence.
The December 2019 policy change, disguised as a mere clarification, was one of the Trump administration’s many efforts to eliminate TPS protections for tens of thousands of beneficiaries. The groups’ lawsuit alleged the change violated the Administrative Procedure Act and the Immigration and Nationality Act; was motivated by the Trump administration’s racial and anti-immigrant bias; and was unlawfully authorized by Ken Cuccinelli, whose appointment was deemed illegal by a federal court in March 2020 in response to a separate lawsuit brought by Democracy Forward, CLINIC, RAICES, and Debevoise & Plimpton LLP. 
“Today’s agreement will allow TPS beneficiaries—many of whom have lived in the U.S. for decades and built deep roots in their communities—to once again seek permanent residency and extinguish the threat of deportation if their TPS protections are revoked,” said Democracy Forward Senior Counsel John Lewis. “The Trump administration’s policy illegally sought to destabilize the lives of tens of thousands with TPS protections. We’re proud to have helped restore protections that ensure our neighbors have a path to pursue permanent residency.”

Learn more about the lawsuit here.

В результате судебного иска USCIS согласилось опять изменить правила и разрешать тем, кто в США на статусе TPS подавать на грин карту через процесс adjustment of status.

It was announced yesterday that the U.S. will accept up to 100,000 refugees from Ukraine to help with humanitarian crisis as a result of Putin's war.

As of today, this is just a promise and expression of intent. No further details, no application process has been established yet. Wait until the official rules are published.

США объявили о приеме 100 000 беженцев с Украины. Пока нет деталей, нет установленных процедур куда и как обращаться. Информация будет опубликована в скором будущем. Подождите пока информация и правила опубликованы в официальных источниках.
​

How to bring an immediate relative of a US citizen to the USA ASAP, if they are from Ukraine, Afghanistan, Ethiopia, and you are with them abroad. Immediate relatives are: spouses of a US citizen, unmarried children under 21 and parents of a US citizen (and you are over 21). Other relatives are not falling under the "immediate relative" category.

Как привезти близкого родственика в США в порядке ускорения: если вы американский гражданин, находитесь вместе с ними за пределами США, и ваш близкий родственник (муж, жена, незамужний ребенок до 21 года, родитель и вы старше 21 года), и ваш родственник из Украины, Афганистана или Эфиопии. Если вы еще не подали на них петицию, теперь вы сможете это сделать в американском посольстве, что позволит съэкономить время.

Local Filing of Form I-130 Petitions Filed by U.S. Citizens on Behalf of Afghan, Ethiopian, and Ukrainian Immediate Relatives Fleeing Conflict

If you are a U.S. citizen who is physically present overseas with your Afghan, Ethiopian, or Ukrainian immediate family members and have not yet filed an immigrant visa petition with USCIS, you may request to locally file a Form I-130 petition at the nearest U.S. embassy or consulate that processes immigrant visas.  This applies only to U.S. citizens affected by the large-scale disruptive events in Afghanistan, Ethiopia, and Ukraine.  Such citizens must be physically present in the country where they wish to file petitions.  They can request to locally file on behalf of their spouses, unmarried children under the age of 21, and parents who fled Afghanistan after August 2, 2021; Ethiopia after November 1, 2020; or Ukraine after February 1, 2022. 
Please email your nearest U.S. embassy or consulate’s Immigrant Visa Unit if you believe you may qualify to locally file a Form I-130 petition.  You can find those email addresses at each individual embassy or consulate website. 

​A list of U.S. embassies and consulates is available at https://www.usembassy.gov.

If you have already filed a Form I-130 petition with USCIS for your immediate relative and it has not yet been approved, you may inquire with USCIS regarding expedition: https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request.
Further information about the immigrant visa process is available at https://travel.state.gov/content/travel/en/us-visas/immigrate.html
For more information for nationals of Ukraine, please see https://travel.state.gov/content/travel/en/News/visas-news/information-for-nationals-of-Ukraine.html
Additional information for visa applicants from Ukraine is also available at https://travel.state.gov/content/travel/en/News/visas-news/announcement-of-processing-posts-for-visa-applicants-from-Ukraine.html.