Украинцы находящиеся в США смогут получить временные статус TPS на 18 месяцев. Только что было объявлено USCIS. Это относится только к тем украинцам, кто находился на территории США на 1 марта 2022 года. Если вы приехала после 1 марта, то этот TPS статус вы получить не сможете.
DHS также объявили сегодня, что приостанавливается депортация украинцев (с ордерами о депортации) в Украину.

DHS Designates Ukraine for Temporary Protected Status for 18 Months
WASHINGTON — The Department of Homeland Security (DHS) announced the designation of Ukraine for Temporary Protected Status (TPS) for 18 months.

A country may be designated for TPS when conditions in the country fall into one or more of the three statutory bases for designation: ongoing armed conflict, environmental disasters, or extraordinary and temporary conditions. This designation is based on both ongoing armed conflict and extraordinary and temporary conditions in Ukraine that prevent Ukrainian nationals, and those of no nationality who last habitually resided in Ukraine, from returning to Ukraine safely. These conditions result from the full-scale Russian military invasion into Ukraine, which marks the largest conventional military action in Europe since World War II. 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 water or access to food, basic supplies, shelter, and emergency medical services.

Individuals eligible for TPS under this designation must have continuously resided in the United States since March 1, 2022. Individuals who attempt to travel to the United States after March 1, 2022 will not be eligible for TPS. Ukraine’s 18-month designation will go into effect on the publication date of the forthcoming Federal Register notice. The Federal Register notice will provide instructions for applying for TPS and an Employment Authorization Document (EAD). TPS applicants must meet all eligibility requirements and undergo security and background checks.

TPS status. 

UKRAINE Update: 02/25/2022

Новости из Белого Дома. Пресс секретарь объявил, что США готовы принять беженцев (refugees) с Украины.
​
Вначале им нужно покинуть страну и стать беженцами - например, уехать с Украины в Европу, и затем подавать на статус беженца.

Если украинцы находятся на территории США, то они могут подавать на политическое убежище (political asylum), статус asylee.

On February 24, 2022, Russia invaded Ukraine, it's estimated that up to 5 million Ukrainians may flee their country. White House Press Secretary Jen Psaki told reporters the United States is ready to accept some of those refugees.

Since the invasion began early Thursday, Ukrainians fleeing the fighting have entered Poland, Romania, and Moldova, and there are centers set up at the borders to provide assistance.

In December 2021, Ukraine's defense minister estimated that between 3 and 5 million Ukrainians might be forced to leave their homes if Russia invaded. In comparison, about 1 million refugees entered Europe between 2015 and 2016 from Syria, Iraq, and Afghanistan, and nearly 1.5 million people were displaced in 2014 when Russia invaded Crimea.

​Read here.

https://news.yahoo.com/white-house-u-prepared-accept-030505583.html?fr=sycsrp_catchall

UKRAINE UPDATE: 02/24/2022

UKRAINE UPDATE:

The US embassy in Kyiv, Ukraine evacuated and all consular services were suspended. 

If you have a immigrant visa case assigned to Ukraine, consult your attorney to decide what to do, and if your case can be transferred to another US embassy in another country.

In Russian: с 12 февраля 2022 все консульские сервисы и выдача виз (даже без интервью, как вейвер) были приостановлены в посольстве США в Киеве в Украине. Более того, посольство было эвакуировано. По последним данным многие сотрудники выехали в Польшу после Львова.
Если у вас есть дело на иммиграционную визу (грин карту) по воссоединению семьи в посольстве в Киеве, обсудите с вашим адвокатом ваши шаги по переводу дела в доугое посольство США в другой стране, возможно ли это, что для этого нужно сделать.
В настоящее время невозможно предсказать когда ситуация вернется в норму.
Желаем вам мира!

Official announcement is here.

On February 12, 2022, the Department of State ordered the departure of most U.S. direct hire employees from Embassy Kyiv due to the continued threat of Russian military action. The Department previously authorized the voluntary departure of U.S. direct hire employees and ordered the departure of eligible family members on January 23, 2022.
On Sunday, February 13, 2022, the Department of State suspended consular services to include interview waiver services at the U.S. Embassy in Kyiv. Applicants for U.S. nonimmigrant visas may apply in any country in which they are physically present and where there are appointments available. As each U.S. Embassy has specific application procedures, you should contact the U.S. Embassy or Consulate where you wish to apply directly. Contact information for U.S. Embassies and Consulates is available at www.travel.state.gov.
If you have an immigrant visa case currently pending with U.S. Embassy Kyiv and would like to transfer processing of an immigration case to another U.S. Embassy, you must contact the receiving U.S Embassy in that country to authorize and initiate transfer. The Embassy will have a list of requirements which must be satisfied in order to begin the transfer process.

https://ua.usembassy.gov/visas/​

Under the proposed Public Charge rule, DHS proposes to change a definition from “likely at any time to become a public charge” to “likely to become primarily dependent on the government for subsistence.” Consistent with long-standing agency practice, DHS proposes to consider the following public benefits when making a public charge inadmissibility determination:

• Supplemental Security Income (SSI);
• Cash assistance for income maintenance under the Temporary Assistance for Needy Families (TANF) program;
• State, Tribal, territorial, and local cash assistance for income maintenance; and
• Long-term institutionalization at government expense.

DHS proposes that it not consider noncash benefits such as food and nutrition assistance programs including the Supplemental Nutrition Assistance Program (SNAP), the Children’s Health Insurance Program, most Medicaid benefits (except for long-term institutionalization at government expense), housing benefits, and transportation vouchers. DHS would also not consider disaster assistance received under the Stafford Act; pandemic assistance; benefits received via a tax credit or deduction; or Social Security, government pensions, or other earned benefits. 
By law, many categories of noncitizens are exempt from the public charge ground of inadmissibility and would not be subject to the proposed rule. Some of these categories are refugees, asylees, noncitizens applying for or re-registering for temporary protected status (TPS), special immigration juveniles, T and U nonimmigrants, and self-petitioners under the Violence Against Women Act (VAWA). Under the proposed rule, if a noncitizen received public benefits while in an immigration category that is exempt from the public charge ground of inadmissibility, DHS would not consider the noncitizen’s past receipt of such benefits as part of any future public charge determination.

The Proposed Rule is published here. And here. 

On March 9, 2021, USCIS stopped applying the 2019 Public Charge Rule introduced by previous administration and reverted to the 1999 rule. Current overview of a public charge rule is here. 

Briefly in Russian:

Департамент госбезопасности США опубликовал сегодня законопроект нового закона о Получении пособий для иммигрантов и как это влияет на возможность отакза грин карты как Public Charge (получатель пособий).

Закон от 2019 был отменен и его прекратили приминять в марте 2021. USCIS вернулся к применению старого закона от 1999, который более мягкий.

Сегодня опубликован новый законопроект, который сужает категории пособий, получение которых может лишить иммигранта шанса получить грин карту или вид на жительство в США.

Закон менят само определение того, что является public charge и получение каких именно пособий или бенефитов считается public charge. 

Категрии пособий за которые можно лишиться шанса на грин карту сужены в основном на те группы, где пособие в форме денежных выплат. Medicaid за некторыми исключениями теперь не будет влиять на получение грин карты.

USCIS published policy guidance in the USCIS Policy Manual on eligibility, filing, and adjudication requirements addressing Violence Against Women Act (VAWA) self-petitions to update practices and align USCIS policies with recent court decisions.

USCIS updated interpretation of the requirement for "shared residence" to occur during the qualifying spousal or parent-child relationship. Instead, the self-petitioner must demonstrate that they are "residing or have resided with the abuser at any time in the past".

USCIS is also implementing nationwide the decisions in Da Silva v. Attorney General, 948 F.3d 629 (3rd Cir. 2020), and Arguijo v. United States, 991 F.3d 736 (7th Cir. 2021).

Da Silva v. Attorney General held that when evaluating the good moral character requirement, an act or conviction is “connected to” the battery or extreme cruelty when it has “a causal or logical relationship.”

Arguijo v. USCIS allows stepchildren and stepparents to continue to be eligible for VAWA self-petitions even if the parent and stepparent divorced.

Clarifies how USCIS considers the 2-year filing requirement when the self-petitioner’s marriage is terminated, the abusive U.S. citizen family member dies, and the abusive family member loses or renounces U.S. citizenship or LPR status. 

Clarifies that INA 204(a)(2) does not apply when a self-petitioner files a Form I-360 based on a qualifying relationship to an abusive LPR spouse but does apply if the self-petitioner acquires LPR status and subsequently files a family-based spousal petition. 

Provides guidance on special considerations for self-petitions filed subsequent to a Petition for Alien Relative (Form I-130) and an Application to Register Permanent Residence or Adjust Status (Form I-485).

​Citation Volume 3: Humanitarian Protection and Parole, Part D, Violence Against Women Act [3 USCIS-PM D] 

These updates are in accordance with Executive Order 14012: Restoring Faith in Our Legal Immigration System and Strengthening Integration and Inclusion Efforts for New Americans. (https://www.whitehouse.gov/briefing-room/presidential-actions/2021/02/02/executive-order-restoring-faith-in-our-legal-immigration-systems-and-strengthening-integration-and-inclusion-efforts-for-new-americans/)

Briefly in Russian:
Недавно были внесены поправки и изменения в закон ВАВА / VAWA, о помощи жертвам домашнего насилия, и как они могут получить грин карту без помощи абьюзера. Изменения были внесены в официальное Руководство для сотрудников USCIS, которое опублоковано на их сайте.

The new guidance can be found in the USCIS Policy Manual and in USCIS Memo https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20220210-VAWA.pdf

 Edition 01/25/2022:

In General

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

USCIS:

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

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

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

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

• Emergencies and urgent humanitarian reasons;

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

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

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

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

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

• Clear USCIS error.

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

Adoptions

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

Appeals

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

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

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

Applications for Asylum

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

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

Last Reviewed/Updated:
01/25/2022

​

​USCIS Extends Flexibility for Responding to Agency Requests
for additional 60 days after the due date, if the decision was made or request sent between Nov. 1, 2021, and March 26, 2022, inclusive. USCIS will consider a Form I-290B or Form N-336 filed within 90 days of the date of issuance.
​
Если запрос на документы RFE был сделан в промежутке между 1 ноября 2021 и 26 марта 2022, то у вас появилось дополнительных 60 дней для ответа на запрос RFE или 90 дней с момента решения на обжалования, аппеляции решения по вашему делу.

12/30/2021 In response to the COVID-19 pandemic, U.S. Citizenship and Immigration Services is extending the flexibilities it announced on March 30, 2020, to assist applicants, petitioners, and requestors who are responding to certain:

Requests for Evidence;
Continuations to Request Evidence (N-14);
Notices of Intent to Deny, NOID
Notices of Intent to Revoke, NOIR
Notices of Intent to Rescind, NOIR
Notices of Intent to Terminate regional centers; and
Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

Response Due Date:
This flexibility applies to the documents listed above if the issuance date listed on the request, notice or decision is between March 1, 2020, and March 26, 2022, inclusive. USCIS will consider a response to the above requests and notices received within 60 calendar days after the response due date set in the request or notice before taking any action.
In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion, or Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if:
The form was filed up to 90 calendar days from the issuance of a decision we made; and
We made that decision between Nov. 1, 2021, and March 26, 2022, inclusive.
Under previously announced flexibilities, USCIS considered a Form I-290B or a Form N-336 if the form was filed up to 60 calendar days from the issuance of a decision by USCIS, and if such decision was issued between March 1, 2020, and Oct. 31, 2021, inclusive.

​To schedule a consultation with immigration attorney, please email us.

​Read here.

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.

​

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

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

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

In Russian: 

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

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

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

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

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

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

Briefly in Russian:

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

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

Детали и инструкции должны быть опубликованы скоро.


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

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

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

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

• Requests for Evidence;
• Continuations to Request Evidence (N-14);
• Notices of Intent to Deny;
• Notices of Intent to Revoke;
• Notices of Intent to Rescind;
• Notices of Intent to Terminate regional centers; and
• Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion, or Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if:

• The form was filed up to 60 calendar days from the issuance of a decision we made; and
• We made that decision anytime from March 1, 2020, through Jan. 15, 2022

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

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

• RFE, Requests for Evidence;
• Continuations to Request Evidence (N-14);
• NOID, Notices of Intent to Deny;
• NOIR, Notices of Intent to Revoke;
• NOIR, Notices of Intent to Rescind;
• Notices of Intent to Terminate regional centers; and
• Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion, or Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if:

• The form was filed up to 60 calendar days from the issuance of a decision we made; and
• We made that decision anytime from March 1, 2020, through Sept. 30, 2021

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

Briefly in Russian:

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

See here.

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

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

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

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

USCIS will deem a petition bona fide if: 

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

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

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

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

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

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

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

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

For more information, see USCIS Policy.

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

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

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

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

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

DV visa fee payment instructions are here.

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

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

​Read more about the DV process here.

​Read about Adjustment of status here.

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

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

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

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

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

​Read here.

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

• Requests for Evidence;
• Continuations to Request Evidence (N-14);
• Notices of Intent to Deny;
• Notices of Intent to Revoke;
• Notices of Intent to Rescind;
• Notices of Intent to Terminate regional centers;
• Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant;
• Filing date requirements for Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA); or
• Filing date requirements for Form I-290B, Notice of Appeal or Motion.

Notice/Request/Decision Issuance Date:
This flexibility applies to the above documents if the issuance date listed on the request, notice, or decision is between March 1, 2020, and Jan. 31, 2021, inclusive.

Response Due Date: 
USCIS will consider a response to the above requests and notices received within 60 calendar days after the response due date set in the request or notice before taking any action. Additionally, we will consider a Form N-336 or Form I-290B received up to 60 calendar days from the date of the decision before we take any action.
USCIS will provide further updates as the situation develops at uscis.gov/coronavirus for USCIS updates.

Briefly in Russian:

USCIS продлил период, когда разрешено отчечать на запросы из USCIS в вечение дополнительных 60 дней. Этот период с 1 марта 2020 был продлен до 31 января 2021, включительно.
Это значит, что если вы получили запрос из USCIS до 31 января 2021Б и там указана дата, до которой ваш ответ должен быть получен, у вас есть дополнительный период 60 дней для ответа на этот запрос.

Update from USCIS:
​
The USCIS lockbox facilities have received a significant increase in filings in recent weeks. This increase, along with the facilities COVID-19 safety restrictions, is causing significant delays for processing receipt notices, forms I-797.
If you properly filed your form, USCIS will send a receipt notice to the mailing address provided on your form within 30 days. If your submission is incomplete or improperly filed, it can be rejected.

Suggestions and tips from USCIS:

Review the form instructions and checklist of required initial evidence on the form webpage (if this option is available for your form);
Use correct editions of the forms (download them from USCIS website);
Properly sign your applications;
Submit a correct filing fee;
Mail your application to a correct address using the USPS, UPS, DHL or FedEx;
Submit single-sided photocopies of requested documents;
Always send in original passport photos where requested;
Submit only the required evidence and supporting documentation listed in the form instructions;
If you cannot provide the required primary evidence when filing a form, review the form instructions for appropriate secondary evidence.

For more information about USCIS filing tips, please visit USCIS.

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.

ILRC published a brief summary of temporary changes U.S. Citizenship and Immigration Services (USCIS) has made in response to COVID-19. Changes include plans for reopening USCIS facilities after suspending all in-person services, including interviews and biometrics appointments, from March 18 to June 3, 2020; automatic extensions for Requests for Evidence (RFEs), Notices of Intent to Deny (NOIDs), and other responses; and an alert meant to combat the new public charge rule's negative effect on immigrants getting testing, treatment, and care for COVID-19 due to fears about how it might affect their case. 

Latest updates: 
On November 3, 2020, a circuit court of appeals allowed USCIS to continue implementing the new public charge rule nationwide, just one day after a district court vacated the rule as illegal. In July 2020, the rule was also briefly paused during the COVID-19 public health emergency.

On September 22, 2020, USCIS updated its website to indicate that it intends to apply the new public charge rule to all applications postmarked on or after February 24, 2020, meaning even those filed between July 29, 2020 and August 12 or September 11, 2020. In recognition that during the uncertainty surrounding the litigation summarized above some applicants subject to public charge may have filed adjustment applications without Form I-944, USCIS’ new public charge form, USCIS stated it would issue RFEs for the missing forms and evidence for cases received before October 13, 2020.

After October 13, 2020, any adjustment application lacking Form I-944 where required will be rejected. USCIS has republished Form I-944, at uscis.gov/i-944.

USCIS has also published an alert to the public charge page of their website acknowledging that the recently implemented public charge rule may have chilled individuals from seeking medical treatment for COVID-19. The alert states that USCIS will not consider testing, treatment, or preventive care related to COVID-19 as part of the public charge inadmissibility determination, and also that it will consider explanations of COVID-related effects like job loss necessitating use of other public benefits. After briefly removing this alert from its website in late July, USCIS re-posted it on August 21, 2020. 

12/03/2020 Update: On 12/02/2020, the Ninth Circuit Court of Appeals invalidated controversial "public charge" new rule.. again. The public charge rule causes financial harm to states and doesn't promote self-sufficiency as the administration has suggested. The court also argued that the administration failed to explain the abrupt change in policy.

Quick Summary of Updates:

• Planned furlough of 13,400 USCIS employees temporarily halted, again - page 1 • Field offices have started reopening and resuming some interviews and other in-person services with social distancing and other health & safety precautions – page 2
• Starting September 23, 2020 until at least March 22, 2021, the Asylum Office will require applicants use USCIS-provided telephonic interpreters, unless they require a language not available through the government-provided interpreter service – page 3
• Throughout closures, Service Centers and lockboxes have continued to accept applications – page 3
• During office closure USCIS was re-using some biometrics but as Application Support Centers (ASCs) reopen, USCIS will stop doing this – page 3 • Copies of signatures accepted in place of original, “wet ink” signatures – page 3
• USCIS has extended its allowance for extra time to respond to Requests for Evidence (RFEs), Notices of Intent to Deny (NOIDs), and other responses – page 3
• COVID-19 and public charge: after the July 2020 injunction in light of COVID-19 was stayed in September 2020, another court decision on November 2, 2020 briefly stopped the new rule but one day later, on November 3, 2020, USCIS was again allowed to apply the new public charge rule nationwide – page 4
• Contacting USCIS during the pandemic – page 5
​USCIS’ Contact Center, reachable online at https://egov.uscis.gov/e-request/Intro.do and by phone (800-375- 5283), is supposed to be available for emergency requests for service, including requests to schedule Infopass appointments in time-sensitive, urgent situations, for instance emergency advance parole.
• USCIS should do more to ameliorate negative effects of USCIS office closures – page 5 

​New Naturalization Civics Test:

USCIS has revised the civics portion of the naturalization test. All applicants for naturalization who filed their N-400, Application for Naturalization on or after December 1, 2020, will be required to take the 2020 version of the civics test. 

For more information, visit The 2020 Version of the Civics Test page. New 128 Questions and Answers are here (PDF file), or here (online version). 

The revised civics test includes more questions that test the applicant’s understanding of U.S. history and civics (128 questions).

The revised test will not change the passing score, which will remain at 60%. Candidates must answer 12 questions correctly, out of 20 in order to pass.

USCIS will maintain the current guidelines for statutorily established special considerations for applicants who are 65 years old or older and have at least 20 years of lawful permanent resident status. These applicants will be asked 10 questions and must answer a minimum of 6 questions correctly in order to pass.

Applicants for naturalization with a filing date before 12/01/2020, are required to take the current 2008 version of the civics test.  

If you already filed your N-400, or will file it before December 1, 2020, you will take the current 2008 test.
​

• On November 2, 2020, a federal district court in Illinois has vacated the Department of Homeland Security/USCIS February 24, 2020 Public Charge Rule as a violation of administrative law.
• The court ruling prevents USCIS from applying the public charge rule nationwide starting today, November 2, 2020.
• USCIS is expected to issue guidance on the impact of the decision to applicants for adjustment of status and nonimmigrant changes and extensions of status, but has not yet done so.
• DHS is expected to appeal the court ruling, but the district court decision will remain in place while that appeal is pending.
• Today’s decision follows a string of judicial rulings regarding preliminary injunctions of the public charge rule, which concerned temporary bars to enforcement of the rule while several lawsuits continue. The most recent preliminary injunction ruling was the Second Circuit's September 11, 2020 decision, which allowed USCIS to resume applying the public charge rule nationwide while Second Circuit legal challenges are pending. Today’s Cook County decision is within the jurisdiction of the Seventh Circuit and is a final decision on the merits of the district court case. It therefore supersedes the September 11 decision, and will remain in place unless and until it is overturned by the Seventh Circuit Court of Appeals or by the U.S. Supreme Court.
• The legality of the public charge rule is being challenged in various jurisdictions. Disagreements among appeals courts could mean that the U.S. Supreme Court makes a final decision on whether the public charge rule is lawful.

Briefly in Russian:
2 ноября 2020 федеральный суд опять признал незаконным закон от 24 февряля 2020 о финансовой состоятельности Public Charge rule. USCIS не имеет право применять этот закон начиная с сегодняшнего дня.

Read the text of the decision here.

​Since 2004, we specialize in VAWA self-petitions, Petition I-360, which can be used by an abused spouse of any gender (wife or a husband), a child or a parent of an abusive US citizen or permanent resident.

Our clients often ask us about VAWA approval rate.

Here is the data for 2018:

• VAWA self-petition by a spouse: 75% approval rate (25% denial rate)
• VAWA self-petition by a child: 35% approval rate (65% denial rate)
• VAWA self-petition by a parent: 27% approval rate (73% denial rate)

The petition is submitted on USCIS Form I-360 to Vermont Service Center. 
Current processing times are 16-21 months.

To schedule a consultation with an attorney, please email at [email protected] We speak English and Russian.

Briefly in Russian:

С 2004 года мы специализируемся в петициях на грин карту от жертв домашнего насилия, ВАВА петициях.

Очень часто наши клиенты спрашивают о статистике по делам ВАВА.

По официальной статистике от USCIS за 2018 год, они утвержлают 75% петиций для жен/мужей, 35 петиций для детей, и только 27% для родителей (жертв внутрисемейного насилия).

Время рассмотрения этой петиции от 16 до 21 месяца. Только один отдел в Вермонте занимается этими петициями. 

Для того чтобы связяться с адвокатом и получить юридическую консультацию по вашему делу, пишите нам на [email protected]

In response to the coronavirus (COVID-19) pandemic, USCIS extended the 60-day response flexibility to 09/11/2020. It applies to the following:

     • Requests for Evidence / RFE;
     • Continuations to Request Evidence (N-14);
     • Notices of Intent to Deny;
     • Notices of Intent to Revoke;
     • Notices of Intent to Rescind and Notices of Intent to Terminate regional investment centers;
     • Filing date requirements for Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA); and
     • Filing date requirements for Form I-290B, Notice of Appeal or Motion.

This flexibility applies to the documents listed above if the issuance date listed on the request, notice, or decision is between March 1, 2020 and September 11, 2020.

USCIS will consider a response to a request or notice listed above received within 60 calendar days after the response due date set in the request or notice before taking any action. USCIS will consider a Form I-290B or a Form N-336 received up to 60 calendar days from the date of the decision before we take any action.

For More Information, please visit uscis.gov/coronavirus .