​Alien Registration Requirement.

On Jan. 20, 2025, President Trump issued the Protecting the American People Against Invasion executive order which directed the Department of Homeland Security to ensure that aliens comply with their duty to register with the government under section 262 of the Immigration and Nationality Act (INA) (8 U.S.C. 1302), and ensure that failure to comply is treated as a civil and criminal enforcement priority.

The INA requires that, with limited exceptions, all aliens 14 years of age or older who were not fingerprinted or registered when applying for a U.S. visa and who remain in the United States for 30 days or longer, must apply for registration and fingerprinting. Similarly, parents and guardians must ensure that their children below the age of 14 are registered. Within 30 days of reaching his or her 14th birthday, the previously registered alien child must apply for re-registration and to be fingerprinted.

Once an alien has registered and appeared for fingerprinting (unless waived), DHS will issue evidence of registration, which aliens over the age of 18 must carry and keep in their possession at all times.

It is the legal obligation of all unregistered aliens (or previously registered children who turn 14 years old) in the United States to comply with these requirements. Failure to comply will result in criminal and civil penalties, up to and including misdemeanor prosecution and the payment of fines.

Registration is not an immigration status, and registration documentation does not establish employment authorization or any other right or benefit under the INA or any other U.S. law.

American Indians born in Canada who entered the United States under section 289 of the INA, and members of the Texas Band of Kickapoo Indians who entered the United States under the Texas Band of Kickapoo Act, are not required to register.

Who has already registered?

Anyone who has been issued one of the documents designated as evidence of registration under 8 CFR 264.1(b) has registered. Also, anyone who submitted one of the forms designated at 8 CFR 264.1(a) and provided fingerprints (unless waived) and was not issued one of the pieces of evidence designated at 8 CFR 264.1(b), complied with the registration requirement of INA 262. Aliens who have already registered include:

• Lawful permanent residents;
• Aliens paroled into the United States under INA 212(d)(5), even if the period of parole has expired;
• Aliens admitted to the United States as nonimmigrants who were issued Form I-94 or I-94W (paper or electronic), even if the period of admission has expired;
• All aliens present in the United States who were issued immigrant or nonimmigrant visas prior to arrival;
• Aliens whom DHS has placed into removal proceedings;
• Aliens issued an employment authorization document;
• Aliens who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, I-700, even if the applications were denied; and,
• Aliens issued Border Crossing Cards.

Who must apply for registration

• All aliens 14 years of age or older who were not registered and fingerprinted (if required) when applying for a visa to enter the United States and who remain in the United States for 30 days or longer. They must apply before the expiration of those 30 days.
• The parents and legal guardians of aliens less than 14 years of age who have not been registered and remain in the United States for 30 days or longer, prior to the expiration of those 30 days.
• Any alien, whether previously registered or not, who turns 14 years old in the United States, within 30 days after their 14th birthday.

Who is not registered?
Anyone who has not been issued one of the documents designated as evidence of registration under 8 CFR 264.1(b) and has not submitted one of the forms designated at 8 CFR 264.1(a) and provided fingerprints (unless waived) is not registered. Aliens who have not registered include:

• This includes:
  • Aliens who are present in the United States without inspection and admission or inspection and parole;
  • Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration; and,
  • Aliens who submitted one or more benefit requests to USCIS not listed in 8 CFR 264.1(a), including applications for Deferred Action for Childhood Arrivals or Temporary Protected Status, who were not issued evidence of registration.

How to register
DHS will soon announce a form and process for aliens to complete the registration requirement. Beginning Feb. 25, 2025, aliens required to register should create a USCIS online account in preparation for the registration process. See our How to Create a USCIS Online Account page for more information. Once the registration process is implemented, aliens will submit their registration, and parents and guardians will submit registration applications on behalf of their children under 14, through their USCIS online account.
Information will be updated in the coming days.

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

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

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

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

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

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

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

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

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

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

The USCIS webpage TPS for Venezuela.

Global Visa Wait Times

Last updated: 1-7-2025

The estimated wait time to receive an interview appointment at a U.S. Embassy or Consulate can change weekly and is based on actual incoming workload and staffing. These are estimates only and do not guarantee the availability of an appointment.

Note: Embassies and Consulates may have a separate process for visa cases where the in-person interview requirement is waived.  In general wait times for those cases are shorter, but they are not reflected in the table below. 

​Please check the individual Embassy or Consulate website to determine if your case is eligible for a waiver of the in-person interview. 

Applicants scheduling visa appointments in a location different from their place of residence should check post websites for nonresident wait times.

​See more here. 

List is here. 

​

Update on Form I-134A

Release Date 01/28/2025

​Программа Ю4Ю для Украины временно приостановлена.
Если у вас есть возможность подать на ТПС, это остается лучший вариант для многих украинцев в США. 

Due to the Jan. 20, 2025 Executive Order, Securing Our Borders, USCIS is pausing acceptance of Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, until we review all categorical parole processes as required by that order.

Read here.

On January 23, 2025, the Department of Homeland Security (DHS) announced a pause of the Uniting for Ukraine (U4U) Parole Program, a special program implemented after Russia’s invasion of Ukraine that permits Ukrainians seeking temporary refuge to travel to and work in the United States.
The DHS directive halts the review and adjudication of both initial and renewal parole applications under the U4U program. While not officially terminated, the directive suggests that DHS will not accept new applications for initial parole periods or renewal (or “reparole”) applications for those seeking to extend their parole in the United States. During an undetermined review period, individuals outside the United States should not expect decisions on pending applications, and those currently in the United States are strongly encouraged to explore alternative options to maintain legal status and work authorization. 

The best policy at this time is to avoid International Travel: Foreign nationals with Advance Parole or similar travel authorizations are advised not to leave the United States. Due to heightened scrutiny at ports of entry, travelers risk being denied reentry and may face expedited removal proceedings. Those seeking reentry have reportedly been asked to voluntarily depart or risk detention. 

However, recently the CBP posted this update, advising travelers that the old form I-512, Advance Parole, are still acceptable documents for reentry to the United States.

​Please see here.  
​https://www.cbp.gov/sites/default/files/2025-01/executive_order_on_securing_our_borders_20250122.pdf

Мы опубликовали видео про этут тут:

https://youtube.com/shorts/F0jxH2JbUcc?si=9XiLYtcS-LTEsJGY ​
​

The Department of State (DOS) revised the J-1 Skills List, which lists home countries to which foreign nationals are subject to a two-year foreign home residency requirement.

• The 37 countries that have been removed from the J-1 Skills List are: Albania, Algeria, Argentina, Armenia, Bahrain, Bangladesh, Bolivia, Brazil, Chile, China, Colombia, Costa Rica, Dominican Republic, Gabon, Georgia, Guyana, India, Indonesia, Kazakhstan, Laos, Malaysia, Mauritius, Montenegro, Namibia, Oman, Paraguay, Peru, Romania, Saudi Arabia, South Africa, South Korea, Sri Lanka, Thailand, Trinidad and Tobago, Turkey, United Arab Emirates, and Uruguay.
• This change applies retroactively. J nonimmigrant exchange visitors who were subject to the two-year foreign residency requirement based upon the Skills List at the time of their admission to the United States in J status will no longer be subject to the residency requirement if their country has been eliminated from the list.
• This change is particularly impactful for professionals who often face significant career disruptions and personal hardships due to the two-year foreign home residency requirement. Exempted individuals will be able to pursue further training and employment in the U.S. without disruption.
• The elimination of this requirement for certain countries may make the United States a more attractive destination for top talent.

The change, however, does not affect individuals who are subject to the two-year requirement on other grounds, such as government funding or physicians in the United States for graduate medical training.
J-1 visas are work-and-study-based exchange visitor programs established by DOS. The Skills List that became part of that program was established to identify countries with a shortage of certain skills and then ensure that those who gained those skills in the United States would return to their home countries to ensure that knowledge and skills gained during the exchange program would be shared with the individual’s home country. From time to time, DOS revises the list to ensure it is accurately accomplishing the goal that foreign nationals return to their home country when most needed. In this revision, DOS is updating the countries included on the Skills List, but not updating the skills listed.

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

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

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

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

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

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

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

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

Increased use of detention pending removal from the United States.

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

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

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

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

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

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

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

Effective January 22, 2025, USCIS Waives COVID-19 Vaccination Requirement for Adjustment of Status Applicants. This vaccine is lo longer required for an application for a Green Card.

Effective Jan. 22, 2025, USCIS is waiving any and all requirements that applicants for adjustment of status to that of a lawful permanent resident present documentation on their Form I-693, Report of Immigration Medical Examination and Vaccination Record, that they received the COVID-19 vaccination.

USCIS will not issue any Request for Evidence or Notice of Intent to Deny related to proving a COVID-19 vaccination. USCIS will not deny any adjustment of status application based on the applicant’s failure to present documentation that they received the COVID-19 vaccination.

------
​

22 января 2025 USCIS отменили требование о првивке от Ковида-19 для иммигрантов подающих на грин карту. Теперь если вы подаете на грин карту и делаете медосмотр, вам прививка от Ковида уже не нужна.

Если вы уже подали и получили  RFE, вам стоит ответить на этот запрос, но прививка не требуется.

​

As required by law, the Department of Homeland Security Immigration & Customs Enforcement (ICE), through the Federal Register, announced increases for penalties under the Immigration Reform & Control Act (IRCA), effective January 2, 2025. The higher penalties are for those cases where the penalties are assessed on February 13, 2024, and thereafter. These increases were about 1%, which is similar to the 2024 increases due to inflation.

​With an expected surge in ICE I-9 audits and ICE raids, employers should pay careful attention to their I-9 forms and conduct an internal I-9 audit to correct, any I-9 errors. Such an internal I-9 audit could save an employer substantial money if audited by ICE. 

​Form I-9 is here
Employers must:

• Have a completed Form I-9 on file for each person on their payroll who is required to complete the form;
• Retain and store Forms I-9 for three years after the date of hire, or for one year after employment is terminated, whichever is later; and
• Make their forms available for inspection if requested by authorized U.S. government officials from the Department of Homeland Security, Department of Labor, or Department of Justice.

Below are the offenses with the old and new penalties:
​

​DHS to Extend Temporary Protected Status for Ukraine

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

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

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

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

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

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

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

--

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

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

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

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

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

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

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

Q: I have been a permanent resident since 2023. What is the process for a green card holder to bring their new spouse from India to the USA after obtaining permanent residency?
​
A: Congratulations on your marriage!

1. File the I-130 petition for your spouse. It can be filed by mail, but it is better to file it online at myUSCIS (http://my.uscis.gov) website.
2. Wait until form I-130 is approved by USCIS.
3. Wait until your Priority date is current. NVC will notify you and create an online account before that.
4. Submit a visa application, form DS-260, online. Save a Confirmation Page (for the interview) and the application itself (for your records).
5. Prepare and submit form I-864, Affidavit of Support. Attach all required documents. Send some of them documents to your spouse.
6. Wait for a visa interview date to be scheduled. The NVC will email you.
7. Your spouse will attend a medical examination after the interview is scheduled.
8. Your spouse will attend an immigrant visa interview at the US embassy or consulate in their home country.
9. If/when a visa is issued, you will pay the final Green Card fee of $235 online to USCIS, and your spouse can travel to the USA. An immigrant visa is usually valid for 6 months or less.
10. Once arrived in the US, she/he becomes a permanent resident. A green card and a social security card will be mailed to your or your attorney’s address within 2–3 months.
​
P.S. If you obtained your residency (aka green card) through a marriage to a US citizen, you should consult an attorney before starting the process for your new spouse.

If you need legal advice or help, please email or schedule a consultation with an attorney, please email or use our online scheduler at Calendly.com/lubasmal

Начиная с 2 декабря 2024, если вы подаете на грин карту по форме I-485 в USCIS, как смена статуса adjustment of status - вы обязаны пройти и приложить медосмотр, форма I-693, вместе с вашим заявлением на грин карту. Иначе вы можете получить отказ (а не запрос RFE, как было ранее).

If you are applying for a Green Card by filing a form I-485, as adjustment of status.

Effective Dec. 2, 2024, if you are required to submit Form I-693, Medical Exam, or a partial Form I-693 (such as the Vaccination Record), you must submit it with your Form I-485. Otherwise, USCIS may reject your Form I-485 if submitted without a required medical exam.

​Read the alert here https://www.uscis.gov/i-485 

If you need help or advice, please email or use our online scheduler at Calendly.com/lubasmal

​

US Citizens Must Apply for ETA Before Traveling to UK Starting Jan. 8, 2025

​​Just as UK citizens must obtain electronic authorization via the Electronic System for Travel Authorization (ESTA) before traveling to the United States for business or tourism, U.S. citizens are now required to obtain Electronic Travel Authorisation (ETA) before visiting the UK.

All non-Europeans may apply for an ETA as of Nov. 27, 2024. U.S., Canadian and Australian citizens, who were previously able to travel to the UK with just a valid passport, must now obtain an ETA before arriving in the UK unless they already have a UK visa or have a British or Irish passport.
​
An ETA replaces visa-free travel to the UK. Travelers using ETA are permitted in the UK for up to six months for purposes of tourism, visiting family and friends, business, or short-term study; for up to three months on the Creative Worker visa concession; for a permitted paid engagement or for transiting through the UK. For any other purpose, travelers should consult an immigration attorney to determine whether a visa is required. Travelers can apply for the ETA via the UK ETA App or online.

It costs 10 GBP and typically takes about three working days to be approved.

Once approved, the ETA is valid for two years.


Who does not need an ETAYou do not need an ETA if any of these apply to you:

• you have a visa
• you have permission to live, work or study in the UK (including settled or pre-settled status or right of abode)
• you are a British or Irish citizen
• you are travelling with a British overseas territories citizen passport
• you live in Ireland and you are travelling from Ireland, Guernsey, Jersey or the Isle of Man

Dual citizensIf you are a dual citizen with British or Irish citizenship, you do not need an ETA. Prove your permission to travel using your British passport, Irish passport or other passport containing a certificate of entitlement.
What you can do with an ETAYou can get an ETA instead of a visa if you are:

• coming to the UK for up to 6 months for tourism, visiting family and friends, business or short-term study
• coming to the UK for up to 3 months on the Creative Worker visa concession
• coming to the UK for a permitted paid engagement
• transiting through the UK – including if you are not going through UK border control

If you are coming to the UK for another reason, check if you need a visa instead.
What you cannot do with an ETAYou cannot:

• stay in the UK for longer than 6 months
• do paid or unpaid work for a UK company or as a self-employed person, unless you are doing a permitted paid engagement or event or work on the Creative Worker visa concession
• claim public funds (benefits)
• live in the UK through frequent or successive visits
• marry or register a civil partnership, or give notice of marriage or civil partnership - you will need to apply for a Marriage Visitor visa

How much it costsIt costs £10 to apply. Everyone travelling needs to get an ETA, including babies and children. You can apply for other people.
You cannot get a refund after you apply.
Before you startYou need:

• the passport you will travel with - not a photocopy or digital passport
• access to your emails
• a credit card, debit card, Apple Pay or Google Pay

You will need to upload or take photos of the:

• passport
• face of the person applying

You do not need to enter your travel details.
Apply for an ETAThe fastest way to apply is using the UK ETA app.

​https://www.gov.uk/guidance/apply-for-an-electronic-travel-authorisation-eta

The F-1 nonimmigrant visa status allows noncitizens to study in the United States at U.S. colleges and universities. F-1 students may be eligible for off-campus employment under the following programs: Curricular Practical Training; Optional Practical Training (OPT); and Science, Technology, Engineering, and Mathematics Optional Practical Training Extension (STEM OPT). General eligibility requirements for off-campus F-1 employment include that the training be related to the student’s area of study and be authorized by the Designated School Official and U.S. Citizenship and Immigration Services (USCIS). On August 27, 2024, USCIS updated its Policy Manual to clarify guidance for F-1 students concerning eligibility for post-completion OPT and the period during which F-1 students may apply for STEM OPT extensions.
F-1 students may be eligible for employment authorization under OPT prior to completing their course of study (pre-completion OPT) or after completing their course of study (post-completion OPT). Under post-completion OPT, an F-1 student may be eligible for up to 12 months of practical training (employment) at each level of education.
Specifically, the policy manual update confirms that F-1 students may be eligible for post-completion OPT after completion of an associate’s, bachelor’s, master’s, or doctoral degree program. The section of the policy manual on post-completion OPT eligibility for F-1 students indicates that the student must, “[h]ave completed a course of study or be in an associate’s, bachelor’s, master’s, or doctoral degree program and have completed all course requirements for the degree (excluding thesis or equivalent).” The policy manual also notes that for post-completion OPT, F-1 students may work as a volunteer or unpaid intern “as long as this practice does not violate any labor laws, and the employment is related to the program of study” and that F-1 students employed under post-completion OPT must work at least 20 hours per week.
An F-1 student who meets certain requirements may be eligible for an additional 24 months of employment authorization based on a STEM OPT extension. One requirement for STEM OPT extensions is that the F-1 student must have earned a bachelor’s, master’s, or doctorate degree in a field designated as a STEM field by the Department of Homeland Security. The USCIS updates to the policy manual correct the period during which students may apply for STEM OPT extensions and include other technical corrections. The STEM OPT Extension section for F-1 Practical Training in the policy manual includes the eligibility requirements for F-1 students to apply for STEM OPT extensions based on previously obtained STEM degrees as well as future STEM degrees. In terms of future STEM degrees, the policy manual indicates that if an F-1 student enrolls in a “new academic program and earns another qualifying STEM degree at a higher educational level, the student may be eligible for one additional 24-month STEM OPT extension, for a total of two lifetime STEM OPT extensions.” Therefore, if an F-1 student completes a STEM OPT extension based on a qualifying bachelor’s degree, the F-1 student may subsequently apply for an additional STEM OPT extension based on a qualifying master’s degree.
The updated guidance from USCIS further details eligibility requirements for OPT and STEM OPT for F-1 students and U.S. employers. The USCIS policy manual can also be used as guidance for employers in determining how F-1 students can maintain, extend, and potentially gain future eligibility for U.S. employment authorization under the OPT and STEM OPT programs.

USCIS Policy Manual.

DHS Announces Expedited Asylum Processing at Northern Border to Deter Unauthorized Migrants

The Department of Homeland Security (DHS) has announced measures to reduce unauthorized migration across the U.S. border with Canada:

• Starting August 14, 2024, asylum officers conducting threshold screening interviews (TSI) for noncitizens who are processed pursuant to the U.S.-Canada Safe Third Country Agreement (STCA) are considering credible testimony, documents, and other reliable evidence available at the time of the TSI. Additional documentary evidence may not be submitted after the interview concludes, DHS announced, noting that “[a] lack of documentary evidence alone does not preclude noncitizens from establishing that they qualify for an exception to the STCA.”
• Additionally, DHS has reduced the time period for noncitizens to consult with attorneys or representatives before their TSIs from 24 hours to “a minimum of four hours beginning at the time the noncitizen is provided an opportunity to consult with a person of the noncitizen’s choosing and continuing only during the hours of 7 a.m. and 7 p.m. local time.”

“DHS carefully reviewed its implementation of the Safe Third Country Agreement with Canada and concluded that it could streamline that process at the border without impacting noncitizens’ ability to have access to a full and fair procedure for determining a claim to asylum or equivalent temporary protection,” the agency said. Migrants crossing the northern border without authorization and taken into U.S. custody increased from 2,200 in 2022 to a record 16, 500 so far in fiscal year 2024.

Read more at:

• USCIS notice (Aug. 13, 2024).
• S. to Speed Up Asylum Processing at Northern Border to Deter Migrant Crossings, CBS News (Aug. 14, 2024).

Starting Aug. 19, 2024, you may file Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens, online with the applicable filing fee. There is no fee waiver available for Form I-131F.

Each requestor, including noncitizen stepchildren, must file a separate Form I-131F requesting parole in place, and each requestor must have their own USCIS online account. A parent or legal guardian may create an online account for their minor child if the purpose is to submit a form on behalf of the minor. If a parent or legal guardian is not available, a primary caregiver or legal assistance provider may also help a child create their own USCIS online account. Information on creating a USCIS online account is available on the How to Create a USCIS Online Account page.

UPDATE effective 08/26/2024:

Administrative Stay of Keeping Families Together - as of August 26, 2024, temporarily can't file a I-131F, application for Parole In Place.

On Aug. 26, 2024, the United States District Court for the Eastern District of Texas, in Texas v. Department of Homeland Security, issued an administrative stay, preventing the Department of Homeland Security (DHS) from granting parole in place under Keeping Families Together for 14 days.

To comply with the district court’s administrative stay, USCIS will, until further notice:

Not grant any pending parole in place requests under Keeping Families Together.

Continue to accept filings of Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens.

Continue to schedule biometric appointments and capture biometrics at Application Support Centers (ASCs).

The district court’s administrative stay order does not affect any applications that were approved before the administrative stay order was issued at 6:46 p.m. Eastern Time on Aug. 26, 2024. Individuals granted parole in place under this process before the administrative stay order was issued may still file for any other immigration benefit for which they may be eligible, including employment authorization and adjustment of status to that of a lawful permanent resident.

Please note: You can only apply for employment authorization after your Form I-131F is approved. If you file your Form I-765, Application for Employment Authorization, before USCIS approves your Form I-131F request under this process, USCIS will reject or deny your Form I-765.

Biometric Appointments
USCIS continues to schedule biometric appointments consistent with the administrative stay order issued by the district court on Aug. 26, 2024. All individuals with biometric appointments should plan to appear at their appointment at the scheduled date, time, and ASC indicated on their notice. Individuals should not arrive on a different date, unless they have rescheduled their appointments. Individuals who were turned away at an ASC will have their appointment rescheduled by USCIS.

As a reminder, individuals must print their biometric appointment notice and bring it with them to their appointment. In addition, if individuals are unable to attend the appointment, they can reschedule using the online rescheduling request process, as long as rescheduling takes place before the initial appointment expires. For more information, see the Preparing for Your Biometric Services Appointment page.



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Who is eligible to apply for Parole in Place under this new program?

Q. What are the eligibility criteria for Keeping Families Together?
A. To be considered for this process as a noncitizen spouse of a U.S. citizen, you must:

• Be present in the United States without admission or parole;
• Have been continuously physically present in the United States since at least June 17, 2014, through the date of filing your request;
• Have a legally valid marriage to a U.S. citizen on or before June 17, 2024;
• Have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security; and
• Submit biometrics and undergo required background checks and national security and public safety vetting.

To be considered for this process as a noncitizen stepchild of a U.S. citizen, you must:

• Have been under the age of 21 and unmarried on June 17, 2024;
• Be present in the United States without admission or parole;
• Have been continuously physically present in the United States since at least June 17, 2024, through the date of filing your request;
• Have a noncitizen parent who entered into a legally valid marriage with a U.S. citizen on or before June 17, 2024, and before your 18th birthday;
• Have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security*; and
• Submit biometrics and undergo required background checks and national security and public safety vetting.

*NOTE: Consistent with the Sept. 30, 2021, Guidelines for the Enforcement of Civil Immigration Law (PDF), a noncitizen who poses a threat to border security will be generally disqualified from receiving parole in place pursuant to this process. However, there is an exception for stepchildren who entered the United States unlawfully after Nov. 1, 2020, and who otherwise meet the criteria for parole in place under this process.
All such requests for parole in place are considered on a case-by-case basis for urgent humanitarian reasons or a significant public benefit, in the exercise of discretion, taking into account the totality of the circumstances of each individual request.


Application for Parole in Place must be filed only ONLINE using a new online form I-131F.
Application fee is $580 per person.
Approval is not guaranteed because it is a discretionary and decided on a case-by-case basis.
If approved, will be granted parole under 212(d)(5) for 3 years.
Under section 212(d)(5)(A) of the Immigration and Nationality Act (INA) to allow certain noncitizen “applicants for admission” to be present in the United States on a temporary, case-by-case basis for urgent humanitarian reasons or a significant public benefit.
If approved, can apply for adjustment of status (aka Green Card) if eligible.
If approved, can apply for a work permit under c(11).

Applying for Employment Authorization

After you are granted parole in place under Keeping Families Together, you may apply for discretionary employment authorization from USCIS. To apply for an Employment Authorization Document (EAD) as a parolee, you must submit Form I-765, Application for Employment Authorization, using the (c)(11) category code with either the required fee or a fee waiver request.
To file Form I-765 online, eligible applicants will access their USCIS online account at my.uscis.gov.

Leaving the United States
A grant of parole in place through Keeping Families Together does not authorize parole back into the United States if you decide to depart. If you depart the United States after being granted parole in place, your period of parole will automatically terminate. If you depart the United States without first obtaining an Advance Parole Document, you run a significant risk of not being able to return to the United States and you may also be ineligible for future immigration benefits.
CAUTION: Travel outside of the United States, even with advance parole, may have severe immigration-related consequences, including with respect to potential inadmissibility or execution of an outstanding order of removal. Parole into the United States is not guaranteed even if you have been granted advance parole prior to leaving the country. You are still subject to immigration inspection at a U.S. port of entry to determine whether you may be paroled into the United States and whether you are eligible for the immigration status you seek. For further information, see our Travel Documents page. Consultation with a qualified attorney or accredited representative is strongly advised prior to any travel outside of the United States.
Subsequent Filing of Form I-130 or Form I-360 Petition
A grant of parole in place does not establish eligibility for future immigration benefits, including an immigrant petition or lawful permanent resident status. To establish eligibility for lawful permanent resident status, the petitioning U.S. citizen spouse or parent of a parolee must file Form I-130, Petition for Alien Relative, or in the case of certain widow(er)s and their children, parolees must file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.
USCIS will determine eligibility for those petitions in a separate adjudication. For purposes of Form I-130 based on marriage, you must demonstrate that you entered into a bona fide marriage with the beneficiary, and for a Form I-130 for a stepchild, you must demonstrate a bona fide stepparent-stepchild relationship.
There are additional requirements for Form I-360 for certain widow(er)s and their children, including filing deadlines, residence requirements, and marital status requirements. A stepchild may remain eligible for an immigrant petition despite their parent’s marriage to a U.S. citizen being terminated through death of either parent or divorce, so long as a bona fide stepparent-stepchild relationship continues to exist following the death or divorce.
Subsequent Filing of Form I-485
A grant of parole in place does not by itself establish eligibility for adjustment of status to lawful permanent resident under INA section 245(a). A grant of parole in place satisfies the requirement under INA section 245(a) that the applicant has been inspected and paroled by an immigration officer.
However, it does not satisfy any other requirements for adjustment of status, including the requirement to have an approved immigrant petition with a visa immediately available and establishing that the noncitizen is not inadmissible under any applicable ground in INA section 212(a), 8 U.S.C. 1182(a).
If granted parole in place, the noncitizen would need a qualifying family member to file Form I-130 on their behalf, or file Form I-360 on their own behalf (if not previously filed; see above). The noncitizen would also need to file Form I-485, Application to Register Permanent Residence or Adjust Status, and possibly Form I-601, Application for Waiver of Grounds of Inadmissibility, if needed.

С сегодняшнего дня 19 августа 2024 открылась программа, о которой было объявлено в июне. Подача заявления на пароль возможна только онлайн: форма I-131F и госпошлина 580 на человека. Это не заявление на грин карту, а заявление на тип гуманитарного пароля для тех, кто въехал в США без визы. Если пароль утвердят, затем можно будет подавать на разрешение на работу и на грин карту.

Form I-131F guide is here.

Form I-131F.

Additional information.

Hope you find this information helpful!

If you need help, please email to schedule a consultation or use our online scheduler.

Parole Process Paused for Cubans, Haitians, Nicaraguans, and Venezuelans

The Department of Homeland Security DHS has temporarily paused the issuance of advance travel authorizations (ATAs) for Cuban, Haitian, Nicaraguan, and Venezuelan beneficiaries while it reviews the supporter application process.

U.S. Citizenship and Immigration Services (USCIS) said it continues to accept Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, but no requests will be confirmed until the review of the supporter application process is complete.

“Beneficiaries who have already received an ATA should check their myUSCIS account for updates before making travel arrangements and prior to travel. Individuals with a valid ATA are permitted to travel. ATA processing will restart as soon as possible once this thorough review concludes,” USCIS said.

The U.S. government may grant advance travel authorization to up to 30,000 noncitizens each month to seek parole on a case-by-case basis under the processes for Cubans, Haitians, Nicaraguans, and Venezuelans. Effective May 17, 2023, under the new review process, USCIS randomly selected about half of the monthly total of Forms I-134A, Online Request to be a Supporter and Declaration of Financial Support, regardless of filing date, from the entire pending workload to review. We will review the other half of the monthly total of Forms I-134A based on when the case was submitted under the first-in, first-out method, which prioritizes the oldest Forms I-134A for review. This is intended to maintain a meaningful and equitable opportunity for all beneficiaries of a Form I-134A to move forward through the process and seek advance travel authorization.

Eligible beneficiaries must:

• Have a supporter in the United States;
• Undergo and clear robust security vetting;
• Meet other eligibility criteria; and
• Warrant a favorable exercise of discretion.

USCIS posted here.

Those who have filed an I-485 application adjustment of status must obtain advance parole before they travel outside the US while their I-485 application. Section 212(d)(5)(A) of the Immigration and Nationality Act (INA) authorizes the Secretary of Homeland Security, at his or her discretion, to “parole into the United States temporarily under such conditions as he [or she] may prescribe only on a case-by-case basis for urgent humanitarian reasons or significant public benefit any alien applying for admission into the United States.” Travelling outside the US without advance parole will result in abandonment of the application. It may also result in a finding of inadmissibility at the port of entry.

Nonimmigrants who are in H-1B or L-1 status do not need to apply for advance parole and can return to the US on the underlying H-1B or L-1 visa in their passports. Those in H-1B or L nonimmigrant status who travel on advance parole may be paroled to resume in H-1B and L status under USCIS policy established in the USCIS so called Cronin memo. Nonimmigrants in valid V-1 or V-2/V-3 status or K-3/K-4 status who have an I-485 application pending also do not need advance parole.

It is thus important for the adjustment applicants to obtain advance parole BEFORE departing the US by filing Form I-131. The processing times for an advance parole can be very long and can vary from one USCIS service center to another. These processing times are published on https://egov.uscis.gov/processing-times/. They are not exact processing times as the USCIS qualifies them by stating that 80% of cases are completed within the published processing time. Hence, the processing time may take longer or shorter than the published processing time.

Advance parole can also be granted to one who has been paroled pursuant to INA 212(d)(5) or to one who has been granted deferred action under the Deferred Action for Childhood Arrivals (DACA). The instructions to From I-131 provides details under which travel permission is granted under various situations. It should also be noted that if an individual who has been unlawfully present and is subject to the 3 or 10 year bar upon departing the United States, leaving the US under advance parole is not considered a departure for triggering the 3 or 10 year bars under INA 212(a)(9)(B) pursuant to Matter of Arrabally and Yerrabelly.

Expedited Processing of Advance Parole:

The USCIS has published criteria at https://www.uscis.gov/forms/filing-guidance/expedite-requests to expedite the processing of a number of applications including the I-131 application for advance parole. These include

• 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 to timely respond to any requests for evidence;
• Emergencies or urgent humanitarian situations;
• Nonprofit organization (as designated by the Internal Revenue Service (IRS)) whose request is in furtherance of the cultural or social interests of the United States;
• Government interests, including cases identified by the government as urgent because they involve the public interest, public safety, national interest, or national security interests; and
• Clear USCIS error.

The USCIS has included certain travel related requests under “emergencies or urgent humanitarian situations” as follows:

Expedited processing of a travel document may be warranted when there is an unexpected need to travel abroad, for example,  for a funeral. Expedited processing of a travel document may also be warranted when there is a pressing or critical need to travel outside the United States for a planned event, but processing times prevent USCIS from issuing the travel document by the planned date of departure. When there is a request to expedite processing of a travel document for a planned event, we will consider whether the applicant timely filed Form I-131 or timely responded to a request for evidence.

Unfortunately, a desire to travel solely for vacation generally does not meet the definition of a pressing or critical need to travel.

The best way to contact USCIS is by contacting the customer support number at 800-375-5283 once the I-131 receipt notice has been issued with the appropriate case number. There are other suggested ways too, set forth at https://www.uscis.gov/contactcenter in addition to calling the telephone number such as contacting USCIS’s chatbot, Emma. Submitting documents in support of the request in the USCIS online account is also required prior to contacting the USCIS.

Emergency Advance Parole:

An alternate way to request faster processing of advance parole is by requesting an emergency appointment if there is a pressing need to travel in less than 15 days. See https://www.uscis.gov/greencard/greencardprocesses/traveldocuments/emergencytravel for further details. The USCIS includes the following examples that qualify for emergency parole:

• An applicant who has a pressing or critical need to travel to obtain medical treatment in a limited amount of time.
• An applicant who has a pressing or critical need to travel due to the death or grave illness of a family member or close friend.
• An applicant who timely applied for a travel document and requested expedited processing, but their case remains pending, and they now must travel within 15 days for a pressing or critical professional, academic, or personal commitment.

The emergency advance parole will be issued for only 30 days although the previously filed I-131 application will continue to process even if the emergency parole is granted for 30 days. The applicant must have gone through the biometrics procedure. Even if there is already a pending I-131 application that was previously filed, the requestor must submit a completed I-131 application during the appointment at the local USCIS office along with supporting documentation that is listed under the USCIS’s above mentioned expedited criteria.

USCIS Policy Manual Chapter 4 was recently updated: Automatic Acquisition of Citizenship after Birth (INA 320).

In July 2024, USCIS updated their Policy Manual, and published this Memorandum.

PA-2024-21: Children’s Acquisition of Citizenship Provisions

• Affirms that applicants who already filed an application for a Certificate of Citizenship and were
denied, but became eligible following a change in USCIS policy, may file a motion to reopen the
prior USCIS denial of their application.
• Clarifies that a U.S. citizen parent may meet the requirement of physical presence in the United
States (or outlying possession) before the child’s birth regardless of immigration status.
• Clarifies that in cases where a child is born out of wedlock to two U.S. citizen parents and cannot
acquire U.S. citizenship from the father, the mother meets the requirement by demonstrating 1
year of continuous physical presence in the United States or one of its outlying possessions
before the child’s birth.
• Affirms that, for purposes of acquiring citizenship at birth, USCIS requires that a parent must be
recognized as a legal parent of the child by the relevant jurisdiction at the time of the child’s
birth.
• Clarifies that a child acquires citizenship under statutes requiring all conditions to be met while
the child is under 18 years of age if the last condition was satisfied on the day of the child’s 18th
birthday. Similarly, a child is eligible to obtain citizenship under INA 322 if USCIS approves the
application and the child takes the oath (if required) on the day of the child’s 18th birthday.
• Confirms that USCIS accepts a valid and unexpired U.S. passport or a Consular Report of Birth
Abroad (CRBA) as evidence of U.S. citizenship. However, USCIS also determines whether the
applicant properly acquired U.S. citizenship and if necessary, may request that DOS revoke the
U.S. passport or cancel the CRBA before USCIS adjudicates an application for a Certificate of
Citizenship.
• Clarifies processes when USCIS, in addition to applicant’s claim of U.S. citizenship, adjudicates
claims to U.S. citizenship for applicant’s parents or grandparents (sometimes called “nested
claims of U.S. citizenship”). When adjudicating applications for a Certificate of Citizenship, if an
applicant’s parent or parents’ U.S. citizenship is unknown or unclear, the officer must determine
the applicant’s parents’ (and, if necessary, grandparents’) U.S. citizenship status before
adjudicating the applicant’s citizenship claim.
• Clarifies that for purposes of an application for naturalization filed under the provision for
children of a U.S. citizen who subjected them to battery or extreme cruelty, a stepchild’s
relationship with the U.S. citizen stepparent does not need to continue to exist at the time of the
application for naturalization.
• Adds new guidance on how to calculate physical presence in U.S. territorial waters and
provides several updates to Nationality Charts 1, 2, 3, and 4.

Please remember that a child MUST meet all the requirements to automatically become a US citizen.

Please remember that a form N-600 can be only filed ONCE.

Please remember that if a US passport or CRBA (Consular Report of Birth Abroad) was issued by the Department of State4, it can be revoked if later applied for a N-600, and it was denied.

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A. General Requirements: Child Automatically Acquiring Citizenship after Birth[1]The Child Citizenship Act of 2000 (CCA) amended INA 320 and removed INA 321 to create only one statutory provision and method for children in the United States to automatically acquire citizenship after birth. According to INA 320, a child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met on or after February 27, 2001:[2]

• The person is a child[3] of a parent who is a U.S. citizen by birth or through naturalization (including an adoptive parent);[4]
• The child is under 18 years of age;[5]
• The child is a lawful permanent resident (LPR);[6] and
• The child is residing[7] in the United States in the legal and physical custody of the U.S. citizen parent.[8]

B. Legal and Physical Custody of U.S. Citizen ParentLegal custody refers to the responsibility for and authority over a child. For purposes of this provision, USCIS presumes that a U.S. citizen parent has legal custody of a child and recognizes that the parent has lawful authority over the child, absent evidence to the contrary, in all of the following scenarios:[9]

• A biological child who currently resides with both biological parents who are married to each other, living in marital union, and not separated;
• A biological child who currently resides with a surviving biological parent, if the other parent is deceased;
• A biological child born out of wedlock who has been legitimated and currently resides with the parent;
• An adopted child with a final adoption decree who currently resides with the adoptive U.S. citizen parent;[10]
• A child of divorced or legally separated parents where a court of law or other appropriate government entity has awarded primary care, control, and maintenance of the child to a parent under the laws of the state or country of residence.

USCIS considers a U.S. citizen parent who has been awarded “joint custody” to have legal custody of a child. There may be other factual circumstances under which USCIS may find the U.S. citizen parent to have legal custody to be determined on a case-by-case basis.
C. Children of Armed Forces Members or U.S. Government Employees (or their Spouses)[11]On March 26, 2020, the Citizenship for Children of Military Members and Civil Servants Act was enacted into law.[12] This Act provides that, under certain conditions, children of U.S. armed forces members or U.S. government employees (or their spouses)[13] who are residing outside the United States acquire citizenship under INA 320.[14] This applies to such children who were under the age of 18 on that date.[15] 
A child born outside of the United States acquires automatic citizenship under INA 320 in cases where the child is an LPR and is in the legal and physical custody of his or her U.S. citizen parent who is:[16]

• Stationed and residing outside of the United States as a member of the U.S. armed forces;[17]
• Stationed and residing outside of the United States as an employee of the U.S. government;[18] or
• The spouse residing outside the United States in marital union[19] with a U.S. armed forces member or U.S. government employee who is stationed outside of the United States.[20]

In cases involving the child of a U.S. armed forces member residing outside the United States, the child must be authorized to accompany and reside with the U.S. armed forces member as provided by the member’s official orders.[21] If the spouse of the U.S. armed forces member is the qualifying U.S. citizen parent, the spouse must be authorized to accompany and reside with the U.S. armed forces member as provided by the member’s official orders.[22] 
The official orders that authorize a child and, if applicable, his or her U.S. citizen parent, to accompany and reside with the member of the U.S. armed forces outside of the United States are a statutory requirement for that child to acquire citizenship under INA 320. If the child (and, if applicable, U.S. citizen parent) being added to the orders is the last action for the child to qualify for acquisition, then the date of the order becomes the date of acquisition. There is no statutory requirement for children of U.S. government employees or their spouses to be included on the employee’s official orders. 
The child of a U.S. armed forces member or a U.S. government employee (or his or her spouse) must meet the general requirements under INA 320(a)(1)-(2) in addition to being an LPR residing in the legal and physical custody of his or her U.S. citizen parent. All statutory requirements must be met before the child reaches the age of 18, including, if applicable, the issuance of the official orders for the child (and, if applicable, the U.S. citizen parent) to accompany and reside with the U.S. armed forces member who is stationed outside the United States.
D. Acquiring Citizenship Before the Child Citizenship Act of 2000The Child Citizenship Act (CCA) applies only to those children born on or after February 27, 2001, or those who were under 18 years of age as of that date. Persons who were 18 years of age or older on February 27, 2001, do not qualify for citizenship under INA 320. For such persons, including adopted children,[23] the law in effect at the time the last condition was met before reaching 18 years of age is the relevant law to determine whether they acquired citizenship.
Former Section 321 of the Immigration and Nationality Act
In general, former INA 321 applies to children who were already 18 years of age on February 27, 2001, but who were under 18 years of age in 1952, when the current Immigration and Nationality Act became effective.
In general, a child born outside of the United States to two noncitizen parents, or one noncitizen parent and one U.S. citizen parent who subsequently lost U.S. citizenship, acquires citizenship under former INA 321 if:

• The child’s parent(s) meet one of the following conditions:​
  • Both parents naturalize;​
  • One surviving parent naturalizes if the other parent is deceased;​
  • One parent naturalizes who has legal custody of the child if there is a legal separation of the parents; or​
  • The child’s mother naturalizes if the child was born out of wedlock and paternity has not been established by legitimation.
• The child is under 18 years of age when his or her parent(s) naturalize; and
• The child is residing in the United States pursuant to a lawful admission for permanent residence at the time the parent(s) naturalized or thereafter begins to reside permanently in the United States.

As originally enacted in 1952, this section did not apply to adopted children of naturalized citizens.[24] Beginning on October 5, 1978, however, INA 321 became generally applicable to an adopted child if the child was residing in the United States at the time the adoptive parent or parents naturalized and the child was in the custody of his or her adoptive parents pursuant to a lawful admission for permanent residence.[25]
E. Application for Certificate of Citizenship (Form N-600)1. Submission of ApplicationA person born outside the United States who automatically acquires U.S. citizenship is not required to have evidence of such status. However, if the person seeks documentation of U.S. citizenship status, the person may file an Application for Certificate of Citizenship (Form N-600) with USCIS.[26]
The Secretary of Homeland Security has jurisdiction over the administration and enforcement of the INA within the United States, and the Secretary of State has jurisdiction over claims of U.S. citizenship made by persons who are abroad.[27] Therefore, generally, an Application for Certificate of Citizenship is submitted by persons who claim U.S. citizenship and are present within the United States. However, USCIS accepts a Form N-600 filed by a person who does not live in the United States, but USCIS does not adjudicate the application on the merits until the person is present in the United States in order to ensure that USCIS has jurisdiction over the application.[28]
A person who is at least 18 years of age may submit the Application for Certificate of Citizenship on the person’s own behalf. There is no filing fee for Form N-600 for current or former members of the U.S. armed forces if they are filing on their own behalf. A U.S. citizen parent or a legal guardian must submit the application for a child who has not reached the age of 18 years.[29]
USCIS issues proof of U.S. citizenship in the form of a Certificate of Citizenship if the Application for Certificate of Citizenship (Form N-600) is approved and the person takes the Oath of Allegiance, if required to do so.[30]
USCIS does not mail Certificates of Citizenship outside the United States except when a military member is issued a Certificate of Citizenship under INA 320[31] or a military member’s dependent child naturalizes under INA 322(d).
2. U.S. Passport or Consular Report of Birth Abroad as Evidence of CitizenshipA person may also apply for a U.S. passport with the U.S. Department of State (DOS) to serve as evidence of their U.S. citizenship.[32] A parent or legal guardian of a U.S. citizen child born outside the United States may also apply to the local U.S. embassy or consulate for a Consular Report of Birth Abroad (CRBA or Form FS-240).[33] A U.S. passport is valid for a limited time as established by DOS policies and standards on passport issuance.[34] Once a passport is expired, it is no longer conclusive evidence of citizenship.[35] Neither a CRBA nor a Certificate of Citizenship expires.
A valid, unexpired U.S. passport or a CRBA serves as evidence of a person’s U.S. citizenship.[36] An applicant for a Certificate of Citizenship may submit a valid and unexpired U.S. passport or a CRBA as evidence of U.S. citizenship.[37] The officer must review the valid U.S. passport or CRBA and the documentation submitted with the application and contained in the record to determine if it was issued properly.
The officer approves the Application for Certificate of Citizenship if the applicant is a U.S. citizen and meets all requirements.
3. Request to Revoke U.S. Passport or Cancel Consular Report of Birth AbroadIf the officer determines that the applicant is not a U.S. citizen or has evidence indicating that a U.S. passport or CRBA submitted as evidence was obtained or issued illegally, fraudulently, or erroneously, the officer reviews the case with USCIS counsel. Then, if appropriate, the officer may request that DOS revoke the U.S. passport or cancel the CRBA.[38]
Only DOS has the authority to revoke a U.S. passport or cancel a CRBA.[39] DOS may revoke a U.S. passport or cancel a CRBA in cases where the passport or CRBA was obtained or issued illegally, fraudulently, or erroneously.[40]
USCIS provides the following information to DOS in the passport revocation or CRBA cancellation request:

• The applicant’s complete biographic information, including name and any known aliases;
• The applicant’s last known address;
• All previous unexpired U.S. passport numbers and alien registration numbers (A-numbers);
• A copy of the CRBA or of the biographical page of the U.S. passport submitted as evidence (if available);
• An explanation for requesting revocation or cancellation, including reasons for the request, analysis of the facts and dates used in determining that the passport or CRBA should be revoked or cancelled, and evaluation of evidence indicating that the applicant did not acquire U.S. citizenship;
• Copies of all documentary evidence in support of the request, including certified translations of any documents written or originally prepared in a foreign language; and
• The contact information of the USCIS office making the request.

Adjudication of Application with Revocation or Cancellation Request
After reviewing the case on the merits and requesting a revocation of a U.S. passport or a cancellation of a CRBA from DOS, the officer generally may not complete the adjudication of the Application for Certificate of Citizenship until DOS responds.
If DOS notifies USCIS that it does not intend to revoke the passport or cancel the CRBA, USCIS approves the Application for Certificate of Citizenship.[41] However, in cases with unusual or complex circumstances, USCIS may further consult with DOS.
If USCIS has evidence indicating that a U.S. passport submitted as evidence was obtained or issued illegally, fraudulently, or erroneously, and the passport was valid at the time of filing, but is expired at the time of adjudication, the officer should review the case with USCIS counsel and DOS before adjudicating.[42]
If DOS revokes the U.S. passport or cancels the CRBA, the officer denies the application in cases where the applicant does not otherwise meet the eligibility requirements for issuance of a Certificate of Citizenship.
4. Photographs and SignatureUSCIS may require the applicant (person seeking the Certificate of Citizenship), regardless of age, to appear at a local Application Support Center (ASC)[43] for photograph and signature submission.[44] A parent or legal guardian may sign for a child under the age of 14.[45] The parent or legal guardian of the person for whom the Certificate of Citizenship is sought does not submit any photographs in connection with the Form N-600.
USCIS does not submit information collected in connection with Form N-600 to the Federal Bureau of Investigation (FBI) for a background check.
Photograph Submission Outside the United States
A person seeking a Certificate of Citizenship who is residing outside the United States only needs to submit two passport-style photographs with the properly submitted application. USCIS does not schedule overseas applicants for an ASC appointment. USCIS coordinates with military service members who are stationed outside of the United States, if necessary, to secure photographs.
Failure to Appear for the ASC Appointment
USCIS may consider the Form N-600 abandoned in cases where the person seeking a Certificate of Citizenship fails to appear for the ASC appointment, unless, by the appointment time, USCIS receives a change of address or rescheduling request that USCIS concludes warrants excusing the failure to appear.[46]
If USCIS denies the application due to abandonment, the person eligible for the Certificate of Citizenship, or the parent or legal guardian of the person eligible for the Certificate of Citizenship, or the parent or legal guardian who filed on behalf of a child seeking a Certificate of Citizenship, may submit a motion to reopen or reconsider by filing a Notice of Appeal or Motion (Form I-290B).[47]
USCIS does not deny an application for abandonment for failure to provide photographs if USCIS has evidence that the applicant is a member of the U.S. armed forces who is permanently or temporarily outside the United States and unable to provide photographs or appear to submit a photograph and signature for reasons related to the individual’s military service. USCIS coordinates with military service members in these circumstances.
F. Documentation and EvidenceThe applicant must submit the following required documents unless such documents are already contained in the USCIS administrative record or do not apply:[48]

• The child's birth certificate or record.
• Marriage certificate of child's parents, if applicable.
• Proof of termination of any previous marriage of each parent if either parent was previously married and divorced or widowed, for example:​
  • Divorce Decree; or​
  • Death Certificate.
• Evidence of United States citizenship of parent:​
  • Birth Certificate;​
  • Naturalization Certificate;​
  • Consular Report of Birth Abroad (FS-240);​
  • A valid unexpired U.S. passport; or​
  • Certificate of Citizenship.
• Documents verifying legitimation according to the laws of the child's residence or domicile or father's residence or domicile if the child was born out of wedlock.
• Documentation of legal custody in the case of divorce, legal separation, or adoption.
• If applicable, official orders (that is, a Permanent Change of Station (PCS)) from the respective department that authorized the child of the U.S. armed forces member, or the child of the spouse of such member and the spouse,[49] to accompany the U.S. citizen parent.
• Copy of Permanent Resident Card or Alien Registration Receipt Card or other evidence of lawful permanent resident status, such as an I-551 stamp in a valid foreign passport or travel document issued by USCIS.
• Copy of the full, final adoption decree, if applicable.[50]
• Evidence of all legal name changes, if applicable, for the child and U.S. citizen parent.

An applicant does not need to submit documents that were submitted in connection with:

• An immigrant visa application retained by the American Consulate for inclusion in the immigrant visa package; or
• An immigrant petition or application and included in a USCIS administrative file.

If necessary, an officer may continue the application to request additional documentation to make a decision on the application. 
G. Citizenship Interview and WaiverIn general, an applicant must appear in person for an interview before a USCIS officer after filing an Application for Certificate of Citizenship. This includes the U.S. citizen parent or parents if the application is filed on behalf of a child under 18 years of age.[51] USCIS, however, may waive the interview requirement if all the required documentation necessary to establish the applicant's eligibility is already included in USCIS administrative records or if the required documentation is submitted along with the application.[52]
H. Decision and Oath of Allegiance1. Approval of Application, Oath of Allegiance, and Waiver for Children under 14 Years of AgeIf an officer approves the Application for Certificate of Citizenship, USCIS administers the Oath of Allegiance before issuing a Certificate of Citizenship.[53]
However, the INA permits USCIS to waive the taking of the Oath of Allegiance if USCIS determines the person is unable to understand its meaning.[54] USCIS has determined that children under the age of 14 are generally unable to understand the meaning of the oath. 
Accordingly, USCIS waives the oath requirement for a child younger than 14 years of age. If USCIS waives the oath requirement, USCIS issues a Certificate of Citizenship after the officer approves the application.
2. Denial of ApplicationIf an officer denies the Certificate of Citizenship application, the officer must notify the applicant in writing of the reasons for denial and include information on the right to appeal in the notice.[55] An applicant may file an appeal within 30 calendar days after service of the decision (33 days if the decision was mailed).
Footnotes
[^ 1] See INA 320. See Appendix: Nationality Chart 3 - Derivative Citizenship of Children [12 USCIS-PM H.3, Appendices Tab].
[^ 2] February 27, 2001 is the effective date for these CCA amendments.
[^ 3] For the definition of a child, see Chapter 2, Definition of Child and Residence for Citizenship and Naturalization [12 USCIS-PM H.2].
[^ 4] For cases based on an adoptive relationship, the requirements of INA 101(b)(1)(E), INA 101(b)(1)(F), or INA 101(b)(1)(G) must be met. For guidance on citizenship for adopted children, see Volume 5, Adoptions, Part F, Citizenship for Adopted Children [5 USCIS-PM F].
[^ 5] USCIS considers a child to be under the age of 18 years even if the last condition for acquisition of citizenship falls on the day of the child’s 18th birthday. See Matter of L. M. and C. Y. C., 4 I&N Dec. 617 (BIA 1952).
[^ 6] A person is generally considered to be an LPR once USCIS approves the adjustment application or once the person enters the United States with an immigrant visa. See INA 245(b). For certain classifications, however, the effective date of becoming an LPR is a date that is earlier than the actual approval of the status (commonly referred to as a “rollback” date). See Part D, General Naturalization Requirements, Chapter 2, LPR Admission for Naturalization, Section A, LPR at Time of Filing and Naturalization [12 USCIS-PM D.2(A)]. A person who is born a U.S. national and is the child of a U.S. citizen may establish eligibility for a Certificate of Citizenship without having to establish LPR status.
[^ 7] For the definition of residence, see Chapter 2, Definition of Child and Residence for Citizenship and Naturalization, Section F, Definition of U.S. Residence [12 USCIS-PM H.2(F)].
[^ 8] See INA 320. See 8 CFR 320.2. Certain children of U.S. armed forces members or U.S. government employees (or their spouses) who are residing outside the United States may acquire citizenship under INA 320. See Section C, Children of Armed Forces Members or U.S. Government Employees (or their Spouses) [12 USCIS‑PM H.4(C)]. See INA 320(c) (added by the Citizenship for Children of Military Members and Civil Servants Act, Pub. L. 116-133 (PDF) (March 26, 2020)).
[^ 9] See 8 CFR 320.1.
[^ 10] If the requirements of INA 101(b)(1)(E), or INA 101(b)(1)(F), or INA 101(b)(1)(G) are met. See Volume 5, Adoptions, Part E, Family-Based Adoption Petitions [5 USCIS-PM E]. See Volume 5, Adoptions, Part C, Child Eligibility Determinations (Orphan) [5 USCIS-PM C]. See Volume 5, Adoptions, Part D, Child Eligibility Determinations (Hague) [5 USCIS-PM D]. For information on citizenship for adopted children, see Volume 5, Adoptions, Part F, Citizenship for Adopted Children [5 USCIS-PM F].
[^ 11] For information about USCIS policies pertaining to this group of children before March 26, 2020, see Appendix: History of Acquiring Citizenship under INA 320 for Children of U.S. Citizens who are Members of the U.S. Armed Forces, U.S. Government Employees, or their Spouses [12 USCIS-PM H.4, Appendices Tab].
[^ 12] See Pub. L. 116-133 (PDF) (March 26, 2020) (codified at INA 320(c)).
[^ 13] Spouses must be U.S. citizens if the child seeks to acquire citizenship under INA 320 based on the child’s residence with that spouse.
[^ 14] The Citizenship for Children of Military Members and Civil Servants Act, Pub. L. 116-133 (PDF) (March 26, 2020), did not redefine “residence in the United States” for these children. Instead, it created an exception to the U.S. residence requirement by providing that INA 320(a)(3) is deemed satisfied in applicable cases.
[^ 15] These provisions do not affect children who have already been recognized by USCIS or the Department of State as having acquired U.S. citizenship under INA 320 through the issuance of a Certificate of Citizenship or passport.
[^ 16] This provision would also apply to a child adopted by a U.S. citizen parent if the child satisfies the requirements applicable to adopted children under INA 101(b)(1) and INA 320(b).
[^ 17] See INA 320(c)(2)(A)(i). For a list of qualifying military branches, see Part I, Military Members and their Families, Chapter 2, One Year of Military Service during Peacetime (INA 328), Section B, Honorable Service [12 USCIS-PM I.2(B)] and Section C, National Guard Service [12 USCIS-PM I.2(C)]. Service is not required to be “honorable” for the purposes of INA 320(c)(2)(A)(i) and a Request for Certification of Military or Naval Service (Form N-426) is not required as evidence.
[^ 18] See INA 320(c)(1)(A). An “employee of the U.S. government” means a person employed by the U.S. government and does not include a person employed under contract with the U.S. government. Because there is no statute or regulation defining employee or “employee of the Government of the United States” in the citizenship and naturalization context, the common law definition of employee applies. See Clackamas Gastroenterology Assoc., P.C., v. Wells, 538 U.S. 440, 448 (2003). See Nationwide Mutual Ins. Co. v. Darden, 503 U.S. 318, 322-23 (1992). The concept of “control” is the key to determining whether a person is an employee under the common law. See Nationwide Mutual Ins. Co. v. Darden, 503 U.S. 318, 323 (1992). Further, the plain language of the Citizenship for Children of Military Members and Civil Servants Act, Pub. L. 116-133 (PDF) (March 26, 2020), does not include persons employed under contract with the Government of the United States, in contrast to INA 316(b), which applies more specifically to persons “employed by or under contract with the Government of the United States.” 
[^ 19] Temporary orders, such as to serve in a combat zone or for mission support performance, do not affect the marital union between a military member and his or her spouse and would not impact acquisition of citizenship provisions under INA 320(c).
[^ 20] See INA 320(c)(2)(A)(ii) (spouses of U.S. armed forces member) and INA 320(c)(1)(B) (spouses of U.S. government employees).
[^ 21] See INA 320(c)(2)(B). For guidance on “official orders,” see Part I, Military Members and their Families, Chapter 9, Spouses, Children, and Surviving Family Benefits, Section A, General Provisions for Spouses, Children, and Parents of Military Members, Subsection 2, Documenting “Official Orders” [12 USCIS-PM I.9(A)(2)].
[^ 22] See INA 320(c)(2)(A)(ii).
[^ 23] For more information about adopted children who did not qualify under the CCA because they were at least 18 years of age on February 27, 2001 (were born on or before February 27, 1983), see Volume 5, Adoptions, Part F, Citizenship for Adopted Children, Appendix: How Previous Citizenship Provisions Apply to Adopted Children [5 USCIS-PM F, Appendices Tab].
[^ 24] See Section 321(b) of INA of 1952, Pub. L. 82-414 (PDF), 66 Stat. 163, 245 (June 27, 1952).
[^ 25] See Section 5 of the Act of October 5, 1978, Pub. L. 95-417 (PDF). The 1978 amendment limited this benefit to a child adopted while under 16 years of age. This restriction was removed in 1981 by the Act of December 21, 1981, Pub. L. 97-116 (PDF).
[^ 26] See 8 CFR 341.1. However, certain adopted children automatically receive a Certificate of Citizenship without having to file Form N-600. If an adopted child is admitted on an IR-3 or IH-3 visa (because the child’s adoption was finalized before entering the United States), is residing in the United States in the U.S. citizen parent’s legal and physical custody before the child reaches the age of 18, and otherwise fulfills the conditions of INA 320, USCIS automatically issues the child a Certificate of Citizenship. For additional information, see the USCIS Adoption webpage.
[^ 27] See INA 103(a)(1) and INA 104(a)(3).
[^ 28] See INA 341(a).
[^ 29] See 8 CFR 320.3(a).
[^ 30] See Section H, Decision and Oath of Allegiance [12 USCIS-PM H.4(G)]. See Part J, Oath of Allegiance, Chapter 2, The Oath of Allegiance [12 USCIS-PM J.2].
[^ 31] See 8 U.S.C. 1443a.
[^ 32] See 22 CFR 50.4.
[^ 33] See 22 CFR 50.5. See 8 FAM 101.1-2, Introduction to Consular Reports of Birth Abroad.
[^ 34] See 8 FAM 101.1, Introduction to U.S. Passports and Consular Reports of Birth Abroad.
[^ 35] See 22 U.S.C. 2705.
[^ 36] See Matter of Villanueva (PDF), 19 I&N Dec. 101 (BIA 1984) (Unless void on its face, a valid U.S. passport issued to a person as a citizen of the United States constitutes conclusive proof of the person’s U.S. citizenship). See 22 U.S.C. 2705 (A valid U.S. passport or CRBA has the same force and effect as proof of U.S. citizenship as Certificates of Naturalization or Certificates of Citizenship issued by USCIS). See 22 CFR 50.2.
[^ 37] A U.S. passport or CRBA does not serve as evidence of citizenship for noncitizen nationals.
[^ 38] See 22 U.S.C. 211a. See 22 CFR 51.60. See INA 361. See Rules Governing the Granting, Issuing, and Verifying of United States Passports, 31 FR 10603 (PDF) (Aug. 5, 1966). See Chapter 3, United States Citizens at Birth (INA 301 and 309), Section D, Application for Certificate of Citizenship (Form N-600), Subsection 3, Request to Revoke U.S. Passport or Cancel Consular Report of Birth Abroad [12 USCIS-PM H.3(D)(3)].
[^ 39] The process to request cancellation of a CRBA to DOS is the same as that for a passport revocation. The same process should be followed to request the revocation of a parent’s or grandparent’s U.S. passport or CRBA, when USCIS, while adjudicating an Application for Certificate of Citizenship, determines that it was issued illegally, fraudulently, or erroneously.
[^ 40] See INA 361.
[^ 41] See Matter of Villanueva (PDF), 19 I&N Dec. 101 (BIA 1984).
[^ 42] An expired U.S. passport may not be accepted as sufficient evidence of citizenship. In these cases, officers may need to request other evidence of U.S. citizenship.
[^ 43] Military service members may appear at any stateside USCIS ASC with or without an appointment. See Part I, Military Members and their Families, Chapter 6, Required Background Checks, Section C, Ways Service Members may Meet Fingerprint Requirements [12 USCIS-PM I.6(C)].
[^ 44] See 8 CFR 103.2(b)(9). See Volume 1, General Policies, and Procedures, Part C, Biometrics Collection and Security Checks, Chapter 2, Biometrics Collection [1 USCIS-PM C.2].
[^ 45] See 8 CFR 103.2(a)(2). See Volume 1, General Policies, and Procedures, Part B, Submission of Benefit Requests, Chapter 2, Signatures [1 USCIS-PM B.2].
[^ 46] See 8 CFR 103.2(b)(13)(ii). See Volume 1, General Policies and Procedures, Part C, Biometrics Collection and Security Checks, Chapter 2, Biometrics Collection [1 USCIS-PM C.2(A)].
[^ 47] See Notice of Appeal or Motion (Form I-290B). See 8 CFR 103.5 and 8 CFR 341.5(e). Although a person may file a motion to reopen or a motion to reconsider a denial due to abandonment, such a denial may not be appealed to the Administrative Appeals Office. See 8 CFR 103.2(b)(15). Moreover, any subsequent Application for a Certificate of Citizenship is rejected, and the applicant is instructed to submit a motion to reopen or reconsider. See 8 CFR 341.5(e). See 8 CFR 320.5(c).
[^ 48] See 8 CFR 320.3(b).
[^ 49] For guidance on “official orders,” see Part I, Military Members and their Families, Chapter 9, Spouses, Children, and Surviving Family Benefits, Section A, General Provisions for Spouses, Children, and Parents of Military Members, Subsection 2, Documenting “Official Orders” [12 USCIS-PM I.9(A)(2)].
[^ 50] For more information see Volume 5, Adoptions, Part F, Citizenship for Adopted Children, Chapter 3, Eligibility, Documentation and Evidence, Section B, Child Residing in the United States [5 USCIS-PM F.3(B)].
[^ 51] See 8 CFR 320.4.
[^ 52] See 8 CFR 341.2. See Section G, Documentation and Evidence [12 USCIS-PM H.5(G)].
[^ 53] See 8 CFR 320.5(a) and 8 CFR 337.1. See INA 337. See Part J, Oath of Allegiance, Chapter 2, The Oath of Allegiance [12 USCIS-PM J.2].
[^ 54] See INA 337(a). See 8 CFR 341.5(b).
[^ 55] See 8 CFR 320.5(b) and 8 CFR 103.3(a).

Post graduation work opportunities: OPT

Optional Practical Training (OPT) is a method for international students to obtain post-graduation work experience. The standard amount of OPT time is up to 12 months. For students holding a degree in certain Science, Technology, Engineering, or Math (STEM) subjects, the total OPT time can be up to 36 months.
However, it is important to note that OPT is not necessarily guaranteed. Unfortunately, young people living away from home for the first time can often get distracted or side-tracked with the plethora of activities on a college campus. Regrettably, there are many instances of international students falling out of immigration status or missing certain OPT filing deadlines, because of poor communication with the Designated School Official (DSO) within a university's international students office. That is why we recommend international students to remain in close contact with the DSO and update the DSO on issues such as poor grades, illness, the need to transfer universities, or the desire to apply for OPT to avoid these issues.
In addition, it is worth noting that the three-year STEM OPT opportunity may be available for subjects that are not traditional STEM fields. For example, recently there is a trend for Master of Business Administration (MBA) with sufficient quantitative content to also qualify the student for three-year STEM OPT. In fact, if a student has a STEM undergrad degree and a STEM MBA degree, one could have up to six years of OPT work experience.

Post graduation work opportunities: Work visas and green card

For some graduates, the available OPT time may be insufficient and they may prefer to obtain a longer-term work visa. In this case, it is important to pay attention to the annual filing deadlines for the H-1B Specialty Occupation work visa lottery, which occurs once a year in March. Winning the H-1B lottery is certainly not guaranteed (i.e. average odds may be around 25-30%); however, the chances of winning can be increased if the student has a US master's degree or higher. That is because, beyond the regular cap of 65,000 H-1B visas, there is an additional pool of 20,000 H-1B visas for those with a US masterʼs degree or higher,  potentially increasing the lottery odds to around 50%.

In a 6-3 ruling in U.S. Department of State et al v. Munoz et al (Case Number 23-334), the Supreme Court of the United States (SCOTUS) reaffirmed the doctrine of consular nonreviewability ruling against a U.S. citizen’s spouse who argued that the federal government violated her due process rights by denying her Salvadoran spouse an immigrant visa based on an approved family-based petition. The doctrine of consular nonreviewability holds that because the INA fails to authorize judicial review of consular decisions denying visas, federal courts do not have the authority to review visa denials.
In Munoz, SCOTUS held that U.S. citizens do not have a constitutional fundamental liberty interest in their non-citizen spouse’s ability to be admitted to United States, moreover, that U.S. citizens are not constitutionally entitled to review of denied visas as they could not raise this issue indirectly in their spouse’s case.
Ms. Munoz, a U.S. citizen, and her non-citizen spouse of over 10 years, Mr. Munoz, were forced to live apart for several years. Mr. Munoz was denied a visa following several interviews and without any explanation other than a broad reference to section 212(a)(3)(A)Iii) of the Immigration and Nationality Act (INA), which makes an individual inadmissible if the consular officer “knows, or has reasonable ground to believe” that the individual seeks to enter the United States to engage in unlawful activity. Ms. Munoz eventually guessed (correctly) that the Consulate believed her husband was a member of MS-13, a transnational criminal gang, due to his tattoo. Mr. Munoz asked the Consulate to reconsider its visa denial, but the Consulate denied this request. The couple then filed a federal lawsuit against the Consulate and the Department of State (DOS), arguing, inter alia, that the government had abridged Ms. Munoz’s constitutional liberty interest in her husband’s visa application by failing to give a sufficient reason he was inadmissible under the cited INA provision. The District Court granted summary judgment in favor of DOS after DOS admitted the denial was in fact based on a consular officer’s determination that Mr. Munoz had religious tattoos that looked like gang logos. Thereafter, the Ninth Circuit Court of Appeals vacated the judgment, which brought the case next to the U.S. Supreme Court.
In its ruling, SCOTUS indicated that the “’the Due Process Clause specially protects’ only ‘those fundamental rights and liberties which are, objectively, deeply rooted in this Nation’s history and tradition.’” While Munoz invoked the fundamental right to marriage, SCOTUS concluded that Ms. Munoz was in fact claiming something different – the right to reside with her non-citizen spouse in the U.S. And that, SCOTUS concluded, is not a right deeply rooted in the nation’s history. Indeed, the country’s history instead recognizes instead the government’s sovereign authority to set the terms of admission and exclusion. SCOTUS also noted that while Congress has made some specific exceptions for spouses, Congress has not made spousal immigration a matter of right.
In its decision, SCOTUS distinguished an earlier case, Kerry v. Din, 576 U.S. 86 (2015) where in a concurring opinion, Justice Anthony Kennedy assumed that a U.S. citizen would have a liberty interest that would be burdened by a spouse’s visa denial and was therefore entitled to more information than a simple citation explaining the denial. In that case, Justice Kennedy was referring to the fact that a U.S. citizen should have some right to question a denial of a spouse’s visa because there could be “bad faith” denial.
Some advocates are concerned that SCOTUS’ opinion in Munoz could lead to unnecessary family separations and subject U.S. citizen spouses to arbitrary decisions by consular officers, denying them the opportunity to build their lives together with their spouses in the U.S. Moreover, this decision casts fear and uncertainty on non-citizen spouses who have an approved family-based petition who must leave the country temporarily to process their immigrant visas abroad – not knowing whether a consular officer may erroneously deny their visa. Ultimately, SCOTUS’ decision may force U.S. citizen spouses to leave the U.S. so they can live with their spouses abroad – without having had the ability to challenge a potentially erroneous visa denial by a consular officer.

https://www.supremecourt.gov/docket/docketfiles/html/public/23-334.html

https://supreme.justia.com/cases/federal/us/602/23-334/

Inquiries for VAWA, T, and U Filings (Including Form I-751 Abuse Waivers)If you have a previously filed, pending, or approved VAWA, T, or U-related case, you may call the USCIS Contact Center at 800-375-5283 (TTY: 800-767-1833) to request information about your case or certain services, such as an address change.
USCIS must verify your identity and confirm your eligibility to receive information before providing any information or other requested service. Before calling the USCIS Contact Center, you should have your receipt notice(s) for the particular form(s) on which you would like to request information or other services for reference during the call. You should also have a copy of the pending or approved application or petition that you are calling about readily available, if possible. If the USCIS Contact Center is unable to provide information or to make the change that you requested, you may be scheduled for an in-person appointment at a USCIS field office.
Protected individuals may also send a secure message from their USCIS online account, and USCIS will call the person to complete the enhanced identity through the specialized verification process. Once a protected person’s identity has been verified through this process, the Contact Center can respond to the inquiry or provide assistance.
Petitioners and applicants may also send signed written inquiries or requests for biometrics appointments, including a new date or time or location, to:

• For cases located at the Vermont Service Center (receipt number begins with EAC):

U.S. Citizenship and Immigration Services
Vermont Service Center
ATTN: Humanitarian Division
38 River Road
Essex Junction, VT 05479-0001

• For cases located at the Nebraska Service Center (receipt number begins with LIN):

U.S. Citizenship and Immigration Services
Nebraska Service Center
ATTN: I-918
P.O. Box 87918
Lincoln, NE 68501-7918
If the inquiry is related to a Form I-751 waiver based on battery or extreme cruelty, then petitioners and/or their representatives must submit the signed inquiry to the appropriate service center by paper correspondence:

• U.S. Citizenship and Immigration Services
  California Service Center
  ATTN: WS 13057
  P.O. Box 10751
  Laguna Niguel, CA 92607-1075
• U.S. Citizenship and Immigration Services
  Nebraska Service Center
  P.O. Box 87918
  Lincoln, NE 68501-7918
• U.S. Citizenship and Immigration Services
  Potomac Service Center
  6046 N Belt Line Rd. STE 114
  Irving, TX 75038-0020
• U.S. Citizenship and Immigration Services
  Texas Service Center
  ATTN: SRMT/COA or SRMT/IRT
  6046 N Belt Line Rd. STE 751
  Irving, TX 75038-0020
• U.S. Citizenship and Immigration Services
  Vermont Service Center
  ATTN: Humanitarian Division
  38 River Road
  Essex Junction, VT 05479-0001

Attorneys and accredited representatives may also send inquiries to the following email addresses:

• For U nonimmigrant petitions, Petitions for Qualifying Family Members of U-1 Nonimmigrant, and U-based adjustment of status applications located at the Nebraska Service Center: nsc.i‑[email protected]
• For U nonimmigrant petitions, Petitions for Qualifying Family Members of U-1 Nonimmigrant, and U-based adjustment of status applications located at the Vermont Service Center: [email protected]
• For all T nonimmigrant status and T-based adjustment of status applications: [email protected]
• For all VAWA petitions: [email protected]

Note: To receive a response, the individual making the inquiry must have a properly executed Form G-28, Notice of Entry of Appearance as Attorney or Representative, filed on the specific case. We will not respond to emails from anyone who is not named on the Form G-28 on file for the case.

This new update is intended to help those individuals who have no attorney or legal representative and try to contact USCIS about their cases. In the past, it was possible to mail a letter, but the response time was very long and not always reliable. Let's hope this new system works!

If you have an attorney, attorneys have other way of contacting the USCIS offices.

https://www.uscis.gov/policy-manual/volume-1-part-a-chapter-7

Work Visas and Green Cards for DACA Recipients and Undocumented College Students

On June 18, 2024, President Biden announced actions to facilitate waivers of inadmissibility (ineligibility to enter the U.S.) for certain college-educated DACA recipients who apply for temporary visas for “high skilled” jobs. The administration will direct the U.S. Department of State to update its guidance for the issuance of certain waivers so that qualifying DACA recipients can travel abroad to obtain temporary work visas without facing a ten-year penalty they would otherwise face when they depart the U.S. for processing. This new guidance will remove obstacles for certain DACA recipients, who currently do not have an independent pathway to lawful permanent resident status, to obtain a temporary work visa status that can more readily lead to a path to employment-based sponsorship of their green cards.

To qualify, DACA recipients must have a degree from an accredited U.S. institution of higher education and a job offer from a U.S. employer in a related field.. Since DACA recipients either entered without authorization or were out of status when they received DACA protection, they are typically ineligible for a transition to a lawful status within the U.S.

Under current law, they are required to “consular process” outside the U.S. and obtain a work visa at a U.S. consulate. The individual’s departure from the U.S. could trigger removal bars (similar to those described above), requiring the individual to obtain a temporary waiver of inadmissibility from the government. These waivers, known as “d3 waivers” based on the section of the INA to which they relate, can take months to obtain and the outcome of such a waiver is not certain. These cumulative issues have chilled the interest of many employers and DACA recipients in pursuing these waivers.

In the coming weeks, the administration is expected to announce additional steps to streamline the availability of waivers. The U.S. Department of State will announce changes to its process for granting such waivers to DACA recipients through updates to the Foreign Affairs Manual, and DHS has indicated that it will adopt the State Department’s policy changes. These steps, if implemented, are very good news for many employers and the DACA recipients that they employ by providing a more efficient, robust and reliable process for transitioning DACA recipients to a more stable and lawful status in the U.S.

On June 18, 2024, President Joe Biden announced a new program that will allow certain spouses of United States citizens to apply for “parole-in-place" from the Department of Homeland Security (DHS). This program, which is not yet open for applications, will not only allow up to 550,000 people to receive temporary protections and work permits in the United States, but will generally allow them to apply for lawful permanent resident (LPR) status (also known as a green card) through their spouses without risking years of separation from their families.

PLEASE NOTE THAT THIS NEW RULE IS NOT THE LAW YET.  IT WILL BE PUBLISHED IN FEDERAL REGISTER AND BECOME THE LAW IN THE NEXT FEW MONTHS.

DO NOT FILE ANYTHING BASED ON THIS ANNOUNCEMENT YET.

Current U.S. law allows U.S. citizens to apply for their non-citizen spouses to obtain permanent residency, but the obstacles attached to this path have made it difficult and risky for many unauthorized immigrants to receive the legal status they are theoretically eligible for. The Biden administration’s new parole program solves the biggest of these problems. Even if the program itself is put on hold or reversed in future, those who have been granted parole under it will still have unlocked a far easier path to become permanent residents of the United States.
The Problem Being Addressed: Spouses of U.S. Citizens Who Could Not Become Citizens ThemselvesSpouses of U.S. citizens are generally eligible for an immigrant visa as an “immediate relative” of a citizen. This allows them to become legal permanent residents and, after a certain number of years, apply for U.S. citizenship. However, people who entered the United States “without inspection” (e.g. by crossing the U.S./Mexico border without prior approval) have a much harder path to permanent residency through their spouses. The only option generally available for them is so bureaucratically onerous, and risky, that many of them have been unable to receive the green cards for which they are theoretically eligible. As a result, some 1.2 million people are married to U.S. citizens without having formal immigration status themselves—even though, in theory, many should have a path to green cards.
Under federal law, some immigrants—namely, those who have already been “inspected and admitted” (generally, anyone who entered through an official port of entry) or “inspected and paroled” into the U.S.—can apply to adjust their status to permanent residency without having to depart the country to attend an immigrant visa interview at a U.S. embassy or consulate abroad. However, immigrants who entered without inspection do not have this option. They must leave the United States, go to a consulate abroad, and obtain a new immigrant visa to reenter.
Once they leave the United States to go to a consulate, however, they often trigger a years-long bar on legally reentering the country to be reunited with their families. This is because of a 1996 law that imposed bars of up to ten years on anyone who has been “unlawfully present” in the United States for more than one year, preventing them from receiving visas for which they would otherwise be eligible.
Immigrants married to U.S. citizens may apply for a waiver of the bar—thus allowing them to receive their immigrant visas and come back into the U.S. as permanent residents—if they can demonstrate that their citizen spouses would suffer “extreme hardship” from such a prolonged separation. Because approval of the waiver is not guaranteed, leaving the U.S. before the waiver has been approved is risky. Immigrants are allowed to apply for “provisional” waivers before leaving the U.S. to solve this problem. However, as of April 2024, the U.S. government was taking over 41 months—three and a half years—to adjudicate these waivers, in addition to the amount of time taken to adjudicate the underlying application for the immigrant visa and arrange a trip to the U.S. consulate.
The Solution: Parole-In-Place Allows People to Apply for Green Cards Without Leaving the U.S.U.S. immigration law allows the executive branch to grant “humanitarian parole” to certain people who otherwise lack a lawful basis to enter or remain in the U.S., when the government determines that a grant of parole would satisfy urgent humanitarian reasons or provide a significant public benefit. Humanitarian parole allows beneficiaries to temporarily enter or remain in the United States for a defined period, which can be anything from a few days to several years. Individuals who are granted parole are able to apply for work authorization if necessary to support themselves while in the United States. When humanitarian parole is granted to people who are already inside the United States, it is known as parole-in-place.
Someone who has been granted humanitarian parole, including parole-in-place, counts as having been “inspected and paroled” into the United States under federal law. This means that parolees who are eligible to apply for green cards through their spouses will be able to do so by applying for adjustment of status within the United States, without having to risk triggering reentry bars by leaving the country.
Importantly, even if someone’s particular grant of parole (including the protection from deportation and work permit that may be attached to it) expires or is revoked in future, they are still considered to have been paroled into the United States under immigration law. This means that even if the new parole program is struck down in court or is ended by a future president, those who have already been granted parole-in-place under the program will still be eligible to apply for green cards without leaving the country and risking separation.
Who Will Be Helped: Potentially Half a Million Immigrants and Their U.S. Citizen Spouses and ChildrenTo receive parole-in-place under the new Biden program, families will likely have to submit a new application using a form which has not yet been published. The June 18 announcement anticipates that applications will become available later this summer.
Without the form and accompanying Federal Register notice, the public does not know exactly who will be eligible for the new parole program. However, the June 18 announcement specified that the new program will be available only to people who:

• Have continuously resided in the United States since June 17, 2014;
• Were physically present in the United States on June 17, 2024;
• Have been legally married to a U.S. citizen as of June 17, 2024;
• Entered the United States without admission or parole and do not currently hold any lawful immigrant or nonimmigrant status;
• Have not been convicted of any disqualifying criminal offense;
• Do not pose a threat to national security or public safety; and
• Merit a favorable exercise of discretion.

Applicants will have to provide documentation proving that they meet the above criteria alongside their application form and pay a fee. However, it is not yet known exactly what forms of documentation will be accepted and what the fee will be.

Importantly, while the DHS announcement states that the parole program will be available only to people who are otherwise eligible for permanent residency, the list of criteria provided by DHS does not specify this. If this is not an explicit criterion for the parole program, some immigrants might be able to benefit for parole protections and work permits who are not eligible to convert those protections to permanent residency. For example, some individuals may be barred from adjusting their status to permanent residency if they were previously deported and then reentered the country without inspection.
The White House estimates that approximately 500,000 spouses of U.S. citizens will meet these criteria and will thus be eligible to apply for the new parole program. Additionally, children of applicants who are stepchildren of U.S. citizens will also be eligible for parole with their parents, adding 50,000 more potential beneficiaries.
Parole-in-place will give these individuals a genuine opportunity to receive the permanent residency for which they have theoretically been eligible for years or decades—and allow them to work legally in the United States while waiting for their immigrant visas to be approved. It will give much needed peace of mind and permanent solutions for not only these individuals, but their U.S. citizen spouses and, often, their U.S.-born children.

Read here.

f you have any questions or want to schedule a consultation, or need help, please email an attorney, or use our scheduler at https://calendly.com/lubasmal/

Briefly in Russian:

18 июня 2024 президент Байден подписал новый закон, который позволит супругам и детям супругов американских граждан получить гуманитарный пароль и затем грин карты, не выезжая из страны. Это поможет тем, кто въехал в США нелегально, например EWI, получить вначале пароль на 3 года parole-in-place. А затем грин карты.

Условия:
- нет судимостей
- не является риском для национальной безопасности
- это решение офицера - который не обязан давать положительный ответ
- непрерывное проживание в США более 10 лет с 17 июня 2014 года
- физически находился в США на 17 июня 2024
- брак с американским гражданином, заключенный до 17 июня 2024 (если не заключен, вы не сможете воспользоваться этим законом).

ВНИМАНИЕ - ПОКА ЭТОТ ЗАКОН НЕ ВСТУПИЛ В СИЛУ - НЕ ПОДАВАЙТЕ НИКАКИХ ЗАЯВЛЕНИЙ. В конце лета это новое правило будет опубликовано в Федеральном Регистре, и тогда мы узнаем все детали, и будет возможно подать заявления.

Для помощи обращайтесь только к адвокатам, а не к паралигалам или нотариусам, которые не имеют права давать юридический совет и оказывать помощь, если не работают в офисе адвоката под его руководством.

Пишите на емейл или запись на консультацию через наш онлайн календарь тут: https://calendly.com/lubasmal

USCIS Increases Automatic Extension of Certain EADs or Work Permits where an application for an extension was timely filed.

On April 4, 2024, U.S. Citizenship and Immigration Services (USCIS) announced a temporary final rule increasing the automatic extension period for certain employment authorization documents (EADs) to up to 540 days (from up to 180 days). The final rule is effective April 8, 2024, through September 20, 2027, except for the amendments to 8 CFR 274a.13(d)(5), which are effective from April 8, 2024, through October 15, 2025.
Noncitizens in certain employment eligibility categories who timely file Form I-765 (the Application for Employment Authorization) to renew their EADs may qualify for an automatic extension of their expiring EAD while their application remains pending. To be eligible for the automatic extension, (1) the Form I-765 must be properly and timely filed before the applicant’s current EAD expires (except certain applicants with Temporary Protected Status (TPS) or a pending TPS application); (2) the renewal application must be under a category that is eligible for automatic extension (the list of categories can be found here); and (3) the category on the applicant’s current EAD must match the “Class Requested” listed on the Form I-797C, Notice of Action, Receipt Notice.
The final rule increases the automatic extension period to up to 540 days for the following eligible EAD applicants: (1) applicants who timely and properly filed Form I-765 on or after October 27, 2023, if the application is still pending on April 8, 2024; and (2) applicants who timely and properly file their Form I-765 on or after April 8, 2024, and on or before September 30, 2025. As such, eligible renewal EAD applicants who meet one of these two categories may now receive up to 540 days of temporary work authorization while their renewal applications remain pending.