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

Tips for International Travelers Entering the United States in 2025

4/10/2025

Travel to the United States has gotten trickier in recent months. Below is a summary of tips recommended by the Alliance of Business Immigration Lawyers for international travelers to the United States:

Make sure all of your documents are in order and have not expired, and that you do not have a renewal application pending. Consult with an immigration attorney before traveling for advice in specific situations.
Consider not entering the United States now if your country is on a proposed “red” list of travel ban countries, which includes Afghanistan, Bhutan, Cuba, Iran, Libya, North Korea, Somalia, Sudan, Syria, Venezuela, and Yemen.
Remember that U.S. Customs and Border Patrol officers have wide leeway at ports of entry to decide who enters and who does not, regardless of visa status, and to conduct electronic searches. They can require travelers to unlock cell phones, reveal laptop passwords, or give officers their digital cameras, for example. U.S. citizens and green card holders can refuse to answer questions (other than those establishing identity and status) and still enter the country (although this could lead to delays or seizure of devices), but those with visas do not have the same rights. The American Civil Liberties Union of Northern California advises you not to give up your green card voluntarily. Some advise turning off phones and wiping data from all devices before passing through a port of entry.
If your device is confiscated, request the name, badge number, and agency of the officer, and ask for a receipt or call the agency to request one.
Keep your immigration attorney’s contact information handy, along with contact information for a local friend. If it appears that you might be going into a secondary inspection, you can text your friend and ask them to get in touch with your immigration attorney.
Keep in mind that in the past, rejected travelers were often put on the next plane out, but more recently, some have been detained for days, weeks, or more.
Check your home country’s travel advisories and warnings before traveling. Consider deferring travel to or from the United States if not necessary.

If you are referred to secondary inspection, request an interpreter if needed and available. There ordinarily will be a transcript (official record) of the questions and answers.

How to Schedule In-Person Appointment at Local USCIS Office Online

8/22/2023

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).

Starting in 2024 US Visitors to EU Schengen Countries will need a Travel Authorization

7/27/2023

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

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

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

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

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

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

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

USCIS Opens HART Humanitarian, Adjustment, Removing Conditions and Travel Documents 6th Service Center

3/30/2023

USCIS Opens the Humanitarian, Adjustment, Removing Conditions and Travel Documents (HART) Service CenterU.S. Citizenship and Immigration Services (USCIS) is announcing the opening of the Humanitarian, Adjustment, Removing Conditions, and Travel Documents (HART) Service Center, the sixth service center within its Service Center Operations (SCOPS) directorate, and the first to focus on humanitarian and other workload cases.
HART will promote cohesive and consistent adjudicative operations, and its dedicated workforce will improve the quality and efficiency of our humanitarian caseload processing. This workforce will continue to receive the robust, specialized training currently provided to employees who are processing these forms. These applications and benefits affect the most vulnerable of noncitizens, and the opening of this service center will make a positive impact in the quality, timeliness, and scale of our humanitarian processing abilities.
After a review of USCIS processing times, we deemed that the greater focus should be provided to these humanitarian-based benefits, which led to the creation of the HART Service Center. With HART, we are taking action to improve our service in partnership with community groups. In fact, the creation of HART is partially the result of the feedback we have received from our partnership with stakeholders and community groups.
HART will initially exist as a hybrid service center, with virtual adjudication capabilities and coordination with existing service centers for certain administrative support. HART will ultimately transition to a 100% virtual service center with no geographic physical location, across multiple time zones. This center will be identified by the specialized work adjudicated by its staff and not by a brick-and-mortar facility or location.
HART will process both digital and paper-based applications and petitions and will partner with existing service centers to support physical onsite necessities such as file exchange and administrative support.

The HART Service Center will initially focus on the following case types:

Form I-601A, Application for Provisional Unlawful Presence Waiver;
Bona Fide Determination (BFD) for Form I-918, Petition for U Nonimmigrant Status;
Form I-730, Refugee/Asylee Relative Petition; and
VAWA-based Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.

The establishment of HART is associated with five hiring phases. We completed the first two phases of forming HART on Jan. 29, 2023, with internal reassignments and leadership details of approximately 150 current SCOPS personnel.
The third phase of internal reassignments is currently in process, pending onboarding and training. On Feb. 28, HART was operational with 30% staffing levels and is currently staffed with 150 positions. Through this phased approach, HART will ultimately grow to 480 positions. Phase four is expected to begin in the coming weeks, with the posting of a public USCIS job notice that will seek to attract a pool of applicants from across the country with experience working with the vulnerable populations HART serves. Phase four hiring will focus on bringing staffing levels to 60%-85% of authorized positions by the end of FY 2023. We anticipate by the end of FY 2024, staffing levels will be at 95%-98% of authorized positions. These benchmarks will determine hiring and training which will ultimately establish HART as fully operational.
Customer Service: Existing customer service channels will continue to be operational during this transition. Customer Service inquires for HART will be supported by the existing service centers.
Address Changes: Address changes for VAWA-based Form I-360 and Form I-918 BFD will continue to be sent to the Vermont Service Center physical address for processing per the instructions on our website at uscis.gov/addresschange.
Inquiries from Attorney and Accredited Representatives: Attorneys and accredited representatives may send inquiries to the same email boxes they have historically used, as these email addresses are not changing. Unrepresented petitioners and applicants may send signed written inquires/requests for biometrics appointments, including a new date/time or location, to the physical address found on our website.
Filing Instructions: The transition to HART will not affect current filing instructions. Please continue to follow the filing instructions as indicated in the “where to file” section on each form type’s webpage. Any future changes to filing locations will be posted on webpages for each form and announced via alerts. To register for alerts and updates, please visit: uscis.gov/news/alerts.

Since 2005, our office is helping clients with VAWA humanitarian cases. To contact an attorney, please email us.

С 2005 года мы помогаем нашим клиентам получить грин карты самостоятельно через гуманитарную петицию ВАВА. Обращайтесь за помощью по емейл.

COVID-19 Vaccination Requirement for Nonimmigrants Visitors to USA

11/15/2022

In October 2021, new travel rules were announced. The rules required proof of COVID-19 vaccination and applied to all nonimmigrant travelers to the USA and were supposed to expire on November 8, 2022. However, they were renewed again.

Overview

All nonimmigrant foreign nationals are required to present proof of being fully vaccinated against COVID-19 prior to boarding a flight to the United States from a foreign country
Applies only to nonimmigrant foreign nationals entering the United States.
Nonimmigrant means someone who is NOT a: U.S. citizen, U.S. national, lawful permanent resident, or traveling to the United States on an immigrant visa
This latest requirement is an extension of a previous requirement which was set to expire on November 8, 2022

The Transportation Security Administration (TSA) has extended the requirement for all nonimmigrant foreign nationals to present proof of being fully vaccinated prior to entering the United States. Below, we have defined “fully vaccinated” along with the documentation required to establish proof as well as exceptions to this requirement.

Definition of Fully-Vaccinated
This becomes effective November 9, 2022, and continues the requirement for all nonimmigrant foreign nationals to provide proof of COVID-19 vaccination prior to boarding a flight to the United States. The definition of a Fully Vaccinated Against COVID-19 includes:

two weeks (14 days) since a person received one dose of an accepted single-dose-series COVID-19 vaccine (e.g., Janssen/J&J); OR
two weeks (14 days) since a person’s second dose in a two-dose series of an accepted COVID-19 vaccine; OR
two weeks (14 days) since a person received the full series of an accepted COVID-19 vaccine (not placebo) in a clinical trial; OR
two weeks (14 days) since the person received two doses of any “mix-and-match” combination of accepted COVID-19 vaccines administered at least 17 days apart
NOTE: A full 14 days must have passed since the day the COVID-19 vaccine series was completed. For example, if the vaccine series was completed on the first day of the month, the person is considered fully vaccinated on the 15th of that month.

Several types of documentation are acceptable for proof of COVID-19 vaccination, including verifiable (digital or paper), non-verifiable paper records, and non-verifiable digital records.

A verifiable vaccination record, also known as a verifiable vaccination credential, may be paper or digital and typically includes a QR code (Quick Response code) that links to information confirming the credential was generated from an immunization record in an official database and is protected from tampering. When available, verifiable records are preferred as they indicate that the verifiable credential was generated from an immunization record in an official database and that the credential is valid and legitimate.
A non-verifiable vaccination record is an official record of vaccination that is not digitally linked to an official database with official immunization records and is protected from tampering.
All forms of proof of COVID-19 vaccination must have personal identifiers (full name plus at least one other identifier such as date of birth or passport number) that match the personal identifiers on the passenger’s passport or other travel documents.
Airlines and aircraft operators must determine when the translation of documentation of vaccination is necessary for review.

Exceptions (for nonimmigrants)
The Center for Disease Control (CDC) has established certain exceptions to this requirement, including:

Persons on diplomatic or official foreign government travel
Children under 18 years of age
Participants in certain COVID-19 vaccine trials
Persons with medical contraindications to receiving a COVID-19 vaccine
Persons issued a humanitarian or emergency exception
Persons with valid nonimmigrant visas (excluding B-1 [business] or B-2 [tourism] visas) who are citizens of a country with limited COVID-19 vaccine availability (Table 4)
Members of the U.S. Armed Forces or their spouses or children (under 18 years of age)
Sea crew members traveling pursuant to a C-1 and D nonimmigrant visa
Persons whose entry would be in the U.S. national interest, as determined by the Secretary of State, Secretary of Transportation, or Secretary of Homeland Security (or their designees)

A complete list of required documentation for excepted travelers can be found on the CDC website.

CDC and USCIS Covid-19 vaccination requirements for IMMIGRANTS were updated in July 2022:

"Effective July 25, 2022, the lower age limit for the COVID-19 vaccine requirement is 6 months of age. Any applicant 6 months through 4 years of age who presents for a medical examination on or after this date will be subject to this requirement... This is in addition to older applicants who are already subject to these requirements."

For more, visit the CDC website.

TPS for Ukraine Updates from USCIS

7/14/2022

TPS for Ukraine Updates: Новости по ТПС для Украины.

Today, on July 14, 2022, I attended a conference call with the USCIS headquarters, and they provided important updates about TPS for Ukraine. Below are some of the talking points in English and Russian.

Cегодня 14 июля 2022 USCIS ответили на многие вопросы по ТПС для Украины во время конференции с адвокатами, которую я посетила.

1) USCIS is expecting that the processing time for TPS for Ukraine will be about 6 months. Soon, the processing times will be available at USCIS website. Ожидается, что сроки рассмотрения ТПС для Украины будут 6 месяцев. Скоро даты будут опубликованы онлайн на сайте USCIS.

2) Some TPS applications will be denied. The reasons for denial are inadmissibility grounds, criminal, frivolous asylum application (it is important!), reinstatement of a prior deportation order, etc. Некоторые заявления на ТПС получат отказ. Например, если у вас открыто решение по депортации, вы подавали фривольное заявление на полит убежище в прошлом, у вас есть судимости и другие основания для признания вас невъездным в США. Проконсультируйтесь с адвокатом.

3) Application for TPS can be filed online. However, if you are requesting a fee waiver, currently, it can be only filed by mail. However, USCIS is working on making a Fee Waiver request available for online filing soon. Заявление на ТПС может быть подано как онлайн так и по почте. Если вы хотите подать бесплатно - только по почте. USCIS планируют скоро поменять правила - и разрешить подачу бесплатно онлайн (подать заявление на fee waiver).

4) Be careful preparing your application and what documents you are submitting with your application.
Внимательно готовьте свое заявление и документы для подачи.

5) Avoid immigration scams. Consult licensed attorneys, not notarios or someone says that they are a "paralegal" or "immigration consultant". USCIS sees a lot of fraudulent activity.
Избегайте иммиграционного мошенничества. Многие нотариусы, паралигалы и так называемые "иммиграционные консультанты" на самом деле не являются адвокатами, не имеют права давать юридический совет, но занимаются иммиграционными услугами. Обращайтесь за помощью к адвокату. USCIS видит много нарушений и мошенничества по делам ТПС.

6) If your application is pending too long or you didn't receive a Receipt Notice, form I-797, they might be investigating your case more closely. Consult an attorney. Если ваше заявление слишком долго ждет решения или вы даже не получили письмо с номером дела, возможно какие-то проблемы именно с вашим заявлением, и оно требует больше времени. Проконсультируйтесь с адвокатом.

7) You can travel to Ukraine and return back to the USA if you have an advance parole (if TPS is pending) or travel authorization (if TPS is granted). Вы можете путешествовать в Украину и обратно в США, если у вас есть travel document. А именно, advance parole (если ТПС все еще на рассмотрении) или travel authorization (если ТПС уже утвержден). Помните, что это требует особого заявления, госпошлины и времени для получения.

8) If you applied for TPS online and made a mistake that you noticed too late, there is a way to correct it through your online account.
Если вы сделали ошибки в своем заявлении онлайн, то есть способы их исправить через ваш аккаунт онлайн.

9) YES, you can have another valid Non-immigrant status while in TPS. However, you must maintain that status. There are rules to follow. Да, вы можете одновременно с ТПС поддерживать другой неиммиграционный статус. Помните, что важно не нарушать это второй статус, чтобы его не потерять (например, студенческий).

10) If you left Ukraine in a hurry and do not have some important documents, there is a way to submit "secondary evidence", and if accepted, it could be used instead of the missing documents from Ukraine.
Если вы оставили на Украине какие-то важные документы и у вас их нет с собой, их можно заменить другими документами. Проконсультируйтесь с адвокатом.

11) In some instances, people without Ukrainian citizenship could be granted TPS. В некоторых ситуациях человек не являющийся гражданином Украины может получить статус ТПС для Украины. Это узкие исключения.

12) TPS is issued individually to each applicant (to parents and children separately). You need to submit an application for each family member. There is no "derivative" TPS status. Статус ТПС это не семейный статус. Он не выдается на всю семью. Каждый должен подать индивидуальное заявление, включая детей. Кому-то могут отказать, не взирая на родственные связи, если они не соответствуют требованиям ТПС.

Для консультации с адвокатом, пишите по адресу.[email protected]

Admission after Authorized Travel for TPS Makes Them Eligible for Adjustment Under INA 245a

7/3/2022

Big news for TPS:

On July 1, 2022, USCIS updated its policy regarding eligibility for adjustment of status of certain recipients of TPS. USCIS clarified that TPS beneficiaries who travel abroad temporarily, with the prior consent of the USCIS (new travel authorization form I-512T), and who return to the USA in accordance with that prior authorization, may be inspected and admitted into TPS upon return, with certain exceptions. TPS beneficiaries whom DHS has inspected and admitted into TPS after such authorized travel are considered “inspected and admitted” and therefore eligible to apply for a green card through a process known as adjustment of status under INA 245(a) and INA 245(k). This is true even if the TPS beneficiary was present without admission or parole when initially granted TPS. USCIS introducув a new form, TPS Travel Authorization (Form I-512T) for authorizing such travel. A TPS applicant has to be eligible to apply for a green card, in one if the categories, this didn't change.

Briefly in Russian:

1 июля 2022 USCIS опубликовал официальный меморандум, который изменил стырые правила по ТПС. Теперь человек в статусе ТПС, может получить разрешение на поездки за границу, новую форму, которую вводят специально для ТПС, и по возвращении в США, ему или ей будет разрешен официальный въезд в США на основании инспекции офицером на границе. С этим официальным разрешением на въезд, человек сможет подать на грин карту через процесс известный как adjustment of status, даже если до этого они въехали без визы и проживали нелегально в США. Естественно, человек должен иметь основания для подачи на грин карту, в соответствии с законом.

To be eligible for adjustment of status under INA 245(a), a noncitizen must have been inspected and admitted or inspected and paroled into the United States, unless exempt from this requirement. On June 7, 2021, the U.S. Supreme Court upheld the interpretation that a noncitizen who enters the United States without having been inspected and admitted or inspected and paroled, and who is subsequently granted TPS, generally does not meet this requirement.1 USCIS is updating its guidance to reflect the decision of the Supreme Court. USCIS is also updating the effect of authorized travel by a TPS beneficiary on eligibility for adjustment of status under INA 245(a). On August 20, 2020, USCIS adopted a decision by the Administrative Appeals Office in Matter of Z-R-Z-C- as agency policy.

Matter of Z-R-Z-C- held that treating TPS beneficiaries who were paroled upon returning from travel authorized under INA 244(f)(3) as parolees for purposes of eligibility for adjustment of status under INA 245(a) was contrary to the language of the statute, as such noncitizens should not be considered to have been paroled, despite the issuance and use of parole documents for reentry into the United States. The adoption of this holding as the agency’s policy position significantly changed the agency’s position on the effect of authorized travel and return to the United States by TPS recipients. Matter of Z-R-ZC- also held that being “inspected and admitted” after TPS-authorized travel does not constitute being inspected and admitted for purposes of adjustment of status under INA 245(a).

USCIS has reviewed its interpretation of the relevant statutory authority3 and the effect of TPS authorized travel on eligibility for adjustment of status, and on July 1, 2022, rescinded its designation of Matter of Z-R-Z-C- as an adopted decision.

USCIS is updating its guidance to clarify that TPS beneficiaries who travel abroad temporarily, with the prior consent of the U.S. Department of Homeland Security (DHS), and who return in accordance with that prior authorization, may be inspected and admitted into TPS upon return, with certain exceptions. TPS beneficiaries whom DHS has inspected and admitted into TPS after such authorized travel are “inspected and admitted” for purposes of adjustment of status under INA 245(a) and INA 245(k).

This is true even if the TPS beneficiary was present without admission or parole when initially granted TPS.

USCIS is also updating its guidance relating to how it authorizes TPS beneficiaries to travel pursuant to the Miscellaneous and Technical Immigration and Nationality Amendments of 1991 (MTINA).

USCIS is introducing a new form, TPS Travel Authorization (Form I-512T) for authorizing such travel and will no longer be using Authorization for Parole of an Alien Into the United States (Form I512L) for this population. Presenting with a valid Form I-512T allows a U.S. Customs and Border Protection (CBP) officer at a port-of-entry to admit the named bearer into TPS.

USCIS is also removing guidance and reserving the affected Policy Manual section regarding the effect of TPS and TPS-authorized travel on whether a naturalization applicant was lawfully admitted for permanent residence, as required under INA 318.

The removed guidance did not reflect the 2021 Supreme Court decision that conferral of TPS was not an admission, and it applied the rescinded policy in Matter of Z-R-Z-C- to TPS beneficiaries who returned from authorized travel. Guidance reflecting these changes will be issued subsequently. USCIS is also updating its guidance relating to when adjustment of status applications are in the jurisdiction of USCIS, as opposed to the jurisdiction of the Executive Office for Immigration Review (EOIR).

The update also clarifies that jurisdiction is based on whether or not DHS places a noncitizen into removal proceedings as an “arriving alien.” This guidance, contained in Volume 7 of the Policy Manual, is effective immediately and applies prospectively to applications adjudicated on or after July 1, 2022. The guidance in Part B, Chapter 2, Section A, Subsection 5, Temporary Protected Status, also applies retroactively to past travel in all cases arising under the jurisdiction of the U.S. Court of Appeals for the Fifth Circuit under the recent decision Duarte v. Mayorkas, 27 F.4th 1044 (5th Cir. 2022), as well as in individual cases arising elsewhere where USCIS has determined that retroactive application is appropriate, as explained in the guidance. The guidance contained in the Policy Manual is controlling and supersedes Adjudicators Field Manual Chapter 54.4(a)(3)(A), TPS Advance Parole Procedures, and any other related prior guidance on the topic.

Policy Highlights:

• Incorporates the Supreme Court’s decision in Sanchez v. Mayorkas.

• Reflects the rescission of Matter of Z-R-Z-C- as an adopted decision.

• Clarifies that if a TPS beneficiary is inspected and admitted into TPS following a return from authorized travel, this meets the requirements of INA 245(a) and 245(k) for adjustment of status.

• Provides that USCIS may deem past travel under advance parole to have been an admission into TPS in certain cases.

• Clarifies the circumstances under which USCIS or EOIR have jurisdiction over adjustment of status applications following a TPS beneficiary’s inspection and admission into TPS after a return from authorized travel.

• Clarifies that jurisdiction over an adjustment application by a noncitizen in removal proceedings is based on whether or not DHS placed the noncitizen into those proceedings as an “arriving alien.”

• Removes and reserves guidance discussing TPS when considering whether a naturalization applicant was lawfully admitted as a permanent resident as required under INA 318. Summary of Changes Affected Section: Volume 7 > Part A > Chapter 3 > Section D, Jurisdiction

• Makes revisions throughout to clarify basis for jurisdiction and to incorporate new policy on effect of TPS-authorized travel. Affected Section: Volume 7 > Part B > Chapter 2 > Section A, “Inspected and Admitted” or “Inspected and Paroled” • Revises Subsection 5 (Temporary Protected Status), in its entirety. Affected Section: Volume 12 > Part D > Chapter 2 > Section C, Effect of Change in Law

• Removes text under Subsection 2 (Case Law), Temporary Protected Status and Admission or Parole into the United States for Adjustment of Status, and reserves section.

Citation

Volume 7: Adjustment of Status, Part A, Adjustment of Status Policies and Procedures, Chapter 3, Filing Instructions [7 USCIS-PM A.3]; Part B, 245(a) Adjustment, Chapter 2, Eligibility Requirements [7 USCIS-PM B.2]. Volume 12: Citizenship and Naturalization, Part D, General Naturalization Requirements, Chapter 2, Lawful Permanent Resident Admission for Naturalization [12 USCIS-PM D.2].

USCIS Memo, dated July 1, 2022.

Read another post on this topic here - I-512T Travel Authorization for TPS Beneficiary v. Advance Parole for I-821 pending.

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.

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

9/21/2021

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

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

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

How does this affect Americans?

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

What about unvaccinated Americans?

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

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

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

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

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

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

Read more here.

Travel to USA from European Union Under Visa Waiver During COVID-19

1/13/2021

The Visa Waiver Program (VWP) enables most citizens or nationals of participating countries* to travel to the United States for tourism or business for stays of 90 days or less without obtaining a visa. Travelers must have a valid Electronic System for Travel Authorization (ESTA) approval prior to travel and meet all requirements explained below. If you prefer to have a visa in your passport, you may still apply for a visitor (B) visa.
Requirements for Using the Visa Waiver Program (VWP)
You must meet all of the following requirements to travel to the United States on the VWP:
Must Be a Citizen or National of a VWP Designated Country*

You must be a citizen or national of the following countries* to be eligible to travel to the United States under the VWP.

Andorra
Australia
Austria
Belgium
Brunei
Chile
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece

Hungary
Iceland
Ireland
Italy
Japan
Latvia
Liechtenstein
Lithuania
Luxembourg
Malta
Monaco
Netherlands
New Zealand

Norway
Poland
Portugal
San Marino
Singapore
Slovakia
Slovenia
South Korea
Spain
Sweden
Switzerland
Taiwan*
United Kingdom**

**To be eligible to travel under the VWP, British citizens must have the unrestricted right of permanent abode in England, Scotland, Wales, Northern Ireland, the Channel Islands, and the Isle of Man.
Each Traveler Must Have a Valid ESTA
In order to travel without a visa on the VWP, you must have authorization through the Electronic System for Travel Authorization (ESTA) prior to boarding a U.S. bound air or sea carrier. ESTA is a web-based system operated by U.S. Customs and Border Protection (CBP) to determine eligibility to travel under the VWP to the United States for tourism or business. Visit the ESTA webpage on the CBP website for more information.
Updating Your ESTA
In most cases, your ESTA will be valid for two years. You also must obtain a new ESTA if you: (1) receive a new passport, including an emergency or temporary passport; (2) change your name; (3) change your gender; (4) change your country of citizenship; or (5) need to change your responses to any of the “yes” or “no” questions on the ESTA application.
Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015
Under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015, travelers in the following categories must obtain a visa prior to traveling to the United States as they are no longer eligible to travel under the Visa Waiver Program (VWP):

Nationals of VWP countries who have traveled to or been present in Democratic People's Republic of Korea, Iran, Iraq, Libya, Somalia, Sudan, Syria, or Yemen on or after March 1, 2011 (with limited exceptions for travel for diplomatic or military purposes in the service of a VWP country).
Nationals of VWP countries who are also nationals of Democratic People's Republic of Korea, Iran, Iraq, Sudan, or Syria.

These individuals can apply for visas using regular appointment processes at a U.S. Embassy or Consulate. For those who require a visa for urgent travel to the United States, U.S. Embassies and Consulates stand ready to handle applications on an expedited basis.

If an individual who is exempt from the Act because of his or her diplomatic or military presence in one of the seven countries has his or her ESTA denied, he or she may go to the CBP website, or contact the CBP information Center. The traveler may also apply for a nonimmigrant visa at a U.S. Embassy or Consulate.
U.S. Customs and Border Protection strongly recommends that any traveler to the United States check his or her ESTA status prior to making any travel reservations or travelling to the United States. More information is available on the Department of Homeland Security (DHS) website.
Have the Correct Type of Passport
You must have a passport that is valid for at least 6 months after your planned departure from the United States (unless exempted by country-specific agreements). For families, each member of your family, including infants and children, must have his/her own passport.
In addition, you must have an e-passport to use the VWP. An e-passport is an enhanced secure passport with an embedded electronic chip. The chip can be scanned to match the identity of the traveler to the passport. E-Passports must be in compliance with standards set by the International Civil Aviation Organization (ICAO). You can readily identify an e-passport, by a symbol on the cover. See the example below. More information about e-passports is available on the DHS website.

More information here and here.

How to file a VAWA self-petition and apply for a Green Card

5/9/2020

Briefly for our clients in Russian:

Q/Вопрос: Как я могу подать петицию на VAWA . Я и мой муж расписаны. Проживали вместе, но как оказалось он не в себе когда пьет. Документы на грин карту мы не подавали. У меня нет ни грин карты ни разрешения на работу.

A/Ответ: Добрый день! Вы можете подать петицию VAWA и также заявление на грин карту, разрешение на работу и на поездки БЕЗ участия мужа (во многих случаях это можно делать одновременно).

Если вы замужем (или развелись в течение 2-х лет перед подачей VAWA self-petition), проживали вместе в США (даже если сейчас вы выехали за пределы США), муж вас обижал/бил/притеснял/оскорблял/совершал другие насильственные действия против вас, вы человек моральный и без судимостей и т.п. -- вы можете подать все заявления вместе в USCIS в отдел VAWA, если ваш муж американский гражданин, и даже если он постоянный житель США (т.к. сейчас категория F2A is current).

Подготовка и подача VAWA petition очень сложный и трудоемкий процесс. Крайне важно предоставить и подать вместе ВСЕ сопроводительные документы и доказательства по делу. ВАВА отличается от других петиций тем, что решение по петиции VAWA принимается БЕЗ интервью, а на основании рассмотрения ваших документов. Консультация и помощь компетентного и опытного адвоката по делам ВАВА очень важны.

Сроки рассмотрения дел ВАВА в настоящий момент около 18-24 месяцев. Но в течение этого времени у вас будет разрешение на работу и SSN, если вы подготовили и подали все правильно. Вы можете подать петицию и во время COVID-19, т.к. отдел ВАВА открыт и работает. Всего доброго и удачи!

Если вам нужна помощь и консультация, пожалуйста свяжитесь с адвокатом по адресу [email protected] , мы вам вышлем список вопросов и документов нам нужно просмотреть перед консультацией, подтвердим стоимость и условия оплаты за консультацию, и договоримся о дате и времени телефонной или видеочат video call консультации. По делам ВАВА мы работаем с клиентами со всех штатов.

Мой ответ опубликован here.

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

2/19/2019

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.

Change in USCIS Policy Regarding Advance Parole I-131 Denials

2/19/2019

On November 16, 2018, during Ombudsman’s Office Annual Conference, USCIS Director, L. Francis Cissna confirmed that USCIS will end its practice of denying pending Advance Parole (travel document) applications when applicants travel internationally. This sudden change of policy was a result of the collaboration between USCIS and Ombudsman’s Office.

Over a year ago, suddenly, USCIS began denying applications for renewals of Advance Parole (I-131) documents, if an applicant traveled internationally while waiting for the I-131 approval. It was followed by thousands of applications being denied for abandonment, people unable to return to the U.S. after a temporary trip abroad, refiling of thousands of advance parole applications, emergency I-131 filings at local USCIS offices, and resulted in strain of the USCIS resources.

Currently, the USCIS website indicates that if an individual has an approved advance parole document while a second one is pending, they can travel on the approved document, provided the advance parole document is valid for the entire duration of the trip (will not expire until after they had returned to the U.S.). In this case, the pending I-131 application will not be considered by the USCIS as abandoned.

See more here.

Information in Russian: how to apply for adjustment of status or green card in the U.S.

12/8/2018

Information in Russian: how to apply for adjustment of status in the U.S. Brief overview, including recent changes, effective October 1st and November 19th, 2018.

Информация по русски о том, как подать заявление на грин карту, разрешение на работу и на поездки за границу, не выезжая из США.

(1) Первое видео - информация о грин-карте - краткий обзор с учетом недавних изменений в законе:
ВИДЕО О ГРИН-КАРТЕ

(2) Второе видео - продолжение о разрешении на работу и на поездки - как избежать ошибок, отказа или передачи дела на депортации, после новых изменений, которые вступили в силу с 1 октября и 19 ноября 2018:
ПРОДОЛЖЕНИЕ О РАЗРЕШЕНИИ НА РАБОТУ И ПОЕЗДКИ.

USCIS Will Destroy Undeliverable Green Cards, Work Permits After 60 Days

4/3/2018

NEWS from USCIS: Starting April 2, 2018, USCIS will destroy Permanent Resident Cards (Green Cards), Employment Authorization Cards (Work Permits) and Travel Documents returned to USCIS as undeliverable by the U.S. Postal Service after 60 business days, if USCIS is not contacted by the document’s intended recipient (applicant) to provide the correct address.

Update from USCIS: Начиная с 2 апреля 2018, USCIS будет уничтожать грин карты, разрешения на работу и на поездки за границу, если эти документы были возвращены в USCIS почтой как "недоставленные" (undeliverable), если заявитель не свяжется с USCIS, и не предоставит свой новый или правильный адрес в течение 60 дней после возврата документов почтой.

Holiday Travel Advisory

12/13/2017

Before making international travel plans, foreign nationals (with the exception of Canadians) must have a valid visa in their passports (preferably multiple-entry) to re-enter the United States. People who did not previously obtain a visa in connection with their current nonimmigrant status (had "change of status"), or whose visa has expired, will need to apply for an appropriate visa at the U.S. Consulate in their home country (and may need to submit a visa application and schedule a visa appointment before they depart the USA). The only exception is for visits to Mexico or Canada for less than 30 days under the visa revalidation rule. People traveling internationally must also have a valid and unexpired passport (or other travel document).

U.S. Consulates' visa processing procedures and times vary. Visa applicants should check the website of the Consulate where they plan to apply for their visa to obtain the most accurate information. Due to the increased security and mandatory interviews at most Consulates, visa issuance processing times are unpredictable and could be delayed.

Please visit the U.S. Department of State for information regarding current visa appointment and processing wait times for each Consulate. We recommend a minimum of three to four weeks for the visa process.
Foreign nationals in the United States, who have a pending “change of status” or "extension of status" petition (from one nonimmigrant classification to another, or extension of the status in the same visa category) must remain in the United States until adjudication on their petition is complete. Foreign nationals who travel abroad while an application for change of nonimmigrant status is pending are considered to have abandoned their change of status portion of the petition.

Similarly, a pending advance parole application could be deemed abandoned and denied under recent policy changes. Please keep this in mind because in the past the situation was very different.

Foreign national employees should inform their U.S. employers regarding their plans to travel outside of the United States, and provide their departure and return dates and the countries to which they plan to travel. If possible, employers should provide employees with an employment verification letter that confirms the employee’s continued/current employment based on an approved nonimmigrant visa petition. This letter should be provided before employees depart the United States.

It is important to remember that the I-94 record expiration date governs the foreign national employee’s period of authorized stay in the United States. If an employee’s passport expires before the end date of the work authorization, status may be limited to the expiration date of the passport. If that occurs, the employee will need to renew the passport and travel outside of the country with a valid visa (prior to the expiration date noted on the I-94 record) to obtain a new I-94 record for the full period of stay authorized by the I-797 approval notice. Upon re-entry to the U.S., employees should obtain a copy of their admission record at the U.S. Customs and Border Protection site to ensure the entry information is correct.

Finally, the U.S. Supreme Court has ruled that President's third travel ban, impacting eight countries, is to be fully enforced, effective December 8 2017, while legal challenges in lower courts are pending. While this ban exempts certain individuals, caution should be taken by nationals of the following countries before traveling: Syria, Libya, Iran, Yemen, Chad, Somalia, North Korea and Venezuela.

Rescission of DACA Deferred Action for Childhood Arrivals Immigration Program: Sep 5 2017

9/5/2017

On September 5, 2017, on behalf of the President and current White House administration, the U.S. Attorney General formally announced the end by rescission of the 2012 immigration deferred action program known as Deferred Action for Childhood Arrivals ("DACA").

DACA did not confer any legal immigration status nor it was a path to the U.S. citizenship. DACA provided protection from deportation and work permits and advance parole/travel documents to approximately 800,000 young, undocumented immigrants brought to the U.S. as children from deportation and provided them with legal work authorization. his is disheartening to youth who have contributed so much both economically and culturally.

The U.S. Department of Homeland Security ("DHS") and USCIS will stop processing any initial DACA accepted at the USCIS office after September 5, 2017.

Any applications already accepted by this date will be processed. DHS/USCIS indicated that current beneficiaries of DACA will not be impacted before March 5, 2018, so "Congress can have time to deliver on appropriate legislative solutions."

DHS has also announced that it plans to continue to accept DACA renewal applications for any DACA beneficiary whose status expires between September 5, 2017 and March 5, 2018, so long as these applications are accepted by October 5, 2017. Any applications received after October 5 will be rejected.

Note: if your DACA work permit expires after March 5th 2018, you will not be able to renew it for additional two years, as those who can apply to renew IF their work permit expires before March 5th 2018.

In addition, DACA recipients whose valid employment authorization document is lost, stolen or destroyed may still request a replacement through the normal process.

Important: USCIS will no longer adjudicate advance parole request associated with DACA, any applications for advance parole that are currently pending will be administratively closed and filing fees refunded.

US Citizenship and Immigration Services says that information provided in support of the application will not be proactively provided to Immigration and customs Enforcement (ICE) or to Customs and Border Protection (CBP) for the purpose of immigration enforcement proceedings, unless the requestor meets the criteria for the issuance of a Notice to Appear or a referral to ICE. However, a DHS spokesman stated that if Congress does not act, then DACA beneficiaries would be treated as any other person who is in the country illegally, and therefore, subject to deportation or removal.

Additionally, all of the information provided to the government by DACA applicants will remain in the DHS system.

DHS has provided a Frequency Asked Questions webpage .

Briefly in Russian:

5 сентября 2017 Генеральный прокурор США заявил об окончании федеральной программы ДАКА, которая вступила в силу в 2012 году во время предыдущей администрации. По этой программе около 800,000 молодых людей получили разрешение на работу, поездки за границу и временную защиту от депортации.

ДАКА заявления поданные до 5 сентября 2017 будут рассмотрены, и утверждены, если соответствуют требованиям программы.

Заявления на продление разрешения на работу, находящиеся на рассмотрении на 5 сентября 2017, также будут рассмотрены.

Заявления на продление разрешения на работу, которое истекает между 5 сентября 2017 и 5 марта 2018, будут приняты и рассмотрены, если заявление на продление получено в иммиграционной службе ДО 5 октября 2017. То есть остался только месяц!

Помните, что если ваше разрешение на работу истекает после 5 марта 2018, вы уже не сможете его продлить на два года, как те, у кого они истекает до 5 марта 2018.

Заявления на разрешение на поездки за границу (advance parole) рассматриваться и утверждаться не будет.

Правительство заявило, что информация о молодых людях, подавших заявление ДАКА, не будет передаваться в соответствующие органы на депортацию (пока), но в будущем, если Конгресс не примет нового закона о защите иммигрантской молодежи, иммиграционная служба будет рекомендовать их на депортацию, так же как и всех других категорий лиц, проживающих в США нелегально.

Вопросы и ответы можно почитать тут.

What do you need to know if DACA program ends?

8/29/2017

What do you need to know if DACA deferred action program ends? Will you be able to continue to use your EAD, work permit, SSN, driver's license, return to the U.S. from abroad on an advance parole/travel document?

ILRC had published a brief Advisory in English here.

In Russian:

Что произойдет, когда программа ДАКА будет закрыта? Сможете ли вы по прежнему пользоваться своим разрешением на работу, карточкой соц страхования, водительскими правами? Сможете ли вы вернуться в США по документу адванс пароль? Краткое описание на английском тут.

New USCIS Advance Parole Travel Document Policy

8/25/2017

Warning for travelers on advance parole with I-485 pending: in an abrupt divergence from previous practice, the USCIS has begun denying I-131 Applications for Advance Parole if the Applicant had departed the U.S. while the application was pending.

When denying I-131 advance parole applications, USCIS is citing the I-131 *Form instructions*, "[i]f you depart the United States before the Advance Parole Document is issued, your application for an Advance Parole Document will be considered abandoned" .

Please don't depart the U.S. until after your advance parole or travel document was approved!

Предупреждение для тех, кто планирует путешествовать за пределы США по документу advance parole, пока ваше заявление на грин карту находится на рассмотрении (I-485 pending). USCIS изменило многолетнюю практику, когда требовалось только физическое присутствие заявителя в США во время подачи заявления.

Теперь требуется нахождение заявителя в США на протяжении всего времени, пока заявление находится на рассмотрении (3-4 месяца). В случае выезда за пределы США до утверждения advance parole, заявление будет отклонено, и заявление на грин карту также может пострадать (может быть закрыто).

#advanceparole #traveldocument #I131 #I485

Second Travel Ban or Muslim Ban Effective on March 16, 2017: Guidance from the U.S. Department of State

3/15/2017

Al Drago/The New York Times

Second Travel Ban or Muslim Ban executive order, signed by the president on March 6, 2017, becomes effective tomorrow, at midnight on March 16, 2017.

Iraq citizens have been excluded and not banned. People with valid visas, U.S. permanent residents, dual citizens, lawful residents of Canada are not included into the new travel ban. People who are waiting for a visa interview, foreign students and family members might be eligible to apply for a waiver.

The U.S. Department of State provided up-to-date detailed guidance regarding visas already issues and prospective visa applicants from the affected countries.

See guidance below.

What To Do If Your Green Card Lost, Stolen, Destroyed Abroad: New Form: I-131A Carrier Documentation

10/5/2016

On September 30, 2016, USCIS has published Form I-131A, Application for Travel Document (Carrier Documentation), a new form that allows lawful permanent residents (LPRs) to apply for a travel document (carrier documentation) if they:

Are returning from temporary overseas travel of less than one year, and their Green Card has been lost, stolen or destroyed, or
Are returning from temporary overseas travel of less than two years, and their Reentry Permit has been lost, stolen or destroyed.

Note: The length of the absence will be measured from the time the LPR departed the U.S. to the time he or she pays the Form I-131A fee.
Applying for Carrier Documentation
To file Form I-131A, LPRs must pay the required fee online and then apply in person at a U.S. Embassy or Consulate.
The embassy or consulate will generally issue the carrier documentation within two weeks. The LPR should present the carrier documentation, which may be a boarding foil (similar to a visa) or transportation letter, to a transportation carrier instead of their Green Card or Reentry Permit.
The carrier documentation allows an LPR to prove to a transportation carrier only that they are authorized to travel to a United States port of entry to apply for admission to the United States. It is not a guarantee of admission or parole into the United States. CBP will conduct all required inspections when the LPR arrives at a United States port of entry and will make the final determination of whether to admit or parole the LPR to the United States.
Filing a Form I-131A does not give an LPR a new Green Card. To apply for a new Green Card, they must file Form I-90, Application to Replace Permanent Resident Card, and pay the filing fee. Visit our Form I-90 page at uscis.gov/I-90 for more information.
LPRs with Expired Green Cards
LPRs with expired Green Cards may not need to file Form I-131A. We encourage LPRs to check with their airline or vessel before determining whether to file Form I-131A.
Although regulations generally require an LPR to travel with a valid Green Card, CBP policy permits a transportation carrier bound for the United States to board an LPR without carrier documentation if:

They have an expired Green Card that was issued with a 10-year expiration date, or
They have an expired Green Card with a 2-year expiration date AND a Form I-797, Notice of Action, showing that they have filed a Form I-751 or Form I-829 to remove the conditions on their permanent resident status. The Notice of Action extends the validity of the card for a specified length of time, generally one year.

Filing Fee
The filing fee for Form I-131A is $360. There is no biometric services fee. The fee for this form must be paid online using a credit or debit card or U.S. bank account through our online payment system.
Applicants cannot use a fee waiver for this form. As with all immigration fees, USCIS does not issue refunds, regardless of the decision on the application.
Because USCIS fees change periodically, please verify the current fee at uscis.gov/forms.
Where to File
Before appearing at a U.S. Embassy or U.S. Consulate to file Form I-131A, LPRs must submit the filing fee on the USCIS website. When appearing in person at a U.S. Embassy or U.S. Consulate to file Form I-131A, they must bring evidence that they paid the fee. Please contact the nearest U.S. Embassy or U.S. Consulate or visit its website to verify that they can process the Form I-131A and to read instructions on how to file.

Read here.