Category: Refugee Travel Document

Emergency Assistance by USCIS: Tornadoes in KY, AR, IL, MO

12/13/2021

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.

0 Comments

USCIS Updated Green Card Interview Requirements for Refugees and Asylees

12/15/2020

0 Comments

On December 15, 2020, USCIS announced updated guidance expanding the discretionary criteria USCIS officers use to determine whether to interview applicants filing Form I-485, Application to Register Permanent Residence or Adjust Status, based on refugee or asylee status. Whether an interview is necessary to determine the admissibility of an alien applying for lawful permanent resident status under INA § 209. The updates do not change the eligibility requirements to adjust status. 
The list of interview criteria can be found in the Policy Manual, Volume 7, Part L, Chapter 5, Part B. Each determination by USCIS to waive or require an interview will continue to be made at the discretion of the USCIS officer on a case-by-case basis. The updated criteria may result in more applicants requested to appear for an interview.

B. Interview Criteria

The decision to interview a refugee applicant for adjustment of status is made on a case-by-case basis.[1] Interviews are generally required when an officer is unable to verify identity or determine admissibility based solely on the immigration records available to the officer. Although the decision to conduct an interview is made on a case-by-case basis, an officer should generally refer a case for interview if it meets one or more of the following criteria:

The officer cannot verify the identity of the applicant through the information in the A-File.
The officer can verify the identity of the applicant through the information in the A-File, but the applicant is claiming a new identity.
Immigration records are insufficient for the officer to determine whether or not the applicant has refugee status.
The applicant has an approved Form I-730, but, if granted overseas, was not interviewed as part of the derivative refugee process or, if granted in the United States, was not interviewed prior to the approval.
The applicant’s Federal Bureau of Investigation (FBI) fingerprint results indicate that further processing is needed.
The officer cannot determine the applicant’s admissibility without an interview.
The officer determines that the applicant is inadmissible but that an interview is necessary to determine if a waiver is appropriate.
The applicant has an articulable national security or terrorism-related ground of inadmissibility concern.
Other eligibility fraud, identified on a case-by case basis, where Fraud Detection and National Security (FDNS), Center Fraud Detection Operations (CFDO), or Background Check Units (BCU) recommends interview.
Immigration records are insufficient for the officer to determine whether or not the applicant is inadmissible based on past or current placement in removal proceedings at any time.[2]
The applicant has conflicting or multiple identities, other than properly documented by legal name changes.
A sworn statement is required to address the applicant’s admissibility.
An interview would yield clarifying information, such as with an unclear response to a request for evidence concerning the applicant’s admissibility.
The applicant is a citizen of, or last habitually resided in, a country that is now, or was at the time of last residence, a State Sponsor of Terrorism.
The officer has any other articulable concern regarding identity, inadmissibility, national security, public safety, or fraud, and recommends an interview to help resolve that concern.

0 Comments

Traveling Abroad as Asylum Applicant, Asylee, or Lawful Permanent Resident

2/19/2019

0 Comments

Traveling Outside the United States as an Asylum Applicant, an Asylee, or a Lawful Permanent Resident Who Obtained Such Status Based on Asylum.

Asylum applicants, asylees, and lawful permanent residents who obtained such status based on their asylum status are subject to special rules with regard to traveling outside the United States.

--> An asylum applicant who leaves the United States without first obtaining advance parole shall be presumed to have abandoned his or her asylum application. Advance parole (see: USCIS Form I-131) allows certain aliens to return to the United States without a visa after traveling abroad.
Asylum applicants must receive advance parole before leaving the United States.
Advance parole does not guarantee that the alien will be paroled into the United States. Rather, the asylum applicant must still undergo inspection by an immigration inspector from United States Customs and Border Protection (CBP).

--> Asylees: Asylees (individuals who have been granted asylum) may travel abroad with the prior approval of the Secretary of the 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.
Generally, the asylee should obtain the refugee travel document prior to departure from the United States, though the applicable regulations also permit the issuance of a refugee travel document abroad under certain circumstances. 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.

--> Lawful Permanent Residents: Lawful permanent residents who obtained such status based on their asylum status may also travel abroad with refugee travel documents.

Read more here and here.

0 Comments

Emergency Assistance by USCIS: Tornadoes in KY, AR, IL, MO

USCIS Updated Green Card Interview Requirements for Refugees and Asylees

Traveling Abroad as Asylum Applicant, Asylee, or Lawful Permanent Resident

Author

Archives

Categories