POLICY UPDATES:
Simplified
august 2022
On July 20, 2022, there were legislative changes and transition affecting Afghan and Iraqi Special Immigrant Visas (SIVs). U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual on the transition of the responsibility to adjudicate certain Afghan SIV petitions to the U.S. Department of State (DOS) and to incorporate other changes to the Afghan and Iraqi SIV classifications resulting from the Emergency Security Supplemental Appropriations Act of 2021.
On July 11, 2022, The Department of Homeland Security posted for public inspection a Federal Register notice on Temporary Protected Status (TPS) for Venezuela for 18 months.
On July 28, 2022, USCIS announced that certain parolees can now file Form I-765, Application for Employment Authorization, online. This is an important step in USCIS’ efforts to employ technical solutions to streamline and improve processing efficiency and reduce wait times. Effective immediately, applicants for employment authorization under category (c)(11) may file Form I-765 online, with limited exceptions.
july 2022
President Biden recently wrote a memorandum, official statement, to Immigration and Customs Enforcement (ICE) establishing that there should be new guidelines administered by ICE officials, specifically ICE attorneys, in dismissing non-priority immigration cases.
On Monday, June 13, 2022, the United States Supreme Court ruled on two major immigration cases related to the right to bond. The first case, Johnson v. Arteaga-Martinez, involved a Mexican citizen who entered the U.S. and was ordered to be removed; however, Arteaga-Martinez sought “withholding of removal” under fears of torture, which means an individual is claiming they should not be sent back to the country they originate from as it is too dangerous for them to return.
With the United States Supreme Court ruling on June 13, the Biden administration is set to end Migrant Protection Protocols, put in place by the previous administration. This ruling also raises questions about ending Title 42.
june 2022
U.S. Citizenship and Immigration Services (USCIS) issued new policy updates in the USCIS Policy Manual. These updates are intended to clarify the criteria and circumstances for expedited processing; improve request for evidence and notice of intent to deny guidance. In addition, the updates to the manual should increase the validity period for initial and renewal employment authorization documents for certain noncitizens with pending adjustment of status applications.
The Department of Homeland Security (DHS) and Department of State (DOS) declared that Afghans who have supported and worked with the United States in Afghanistan, and who have undergone rigorous screening and vetting, can qualify for protection and other immigration benefits in the United States.
The Department of Homeland Security posted for public inspection a Federal Register notice on Temporary Protected Status (TPS) for Cameroon.
MAY 2022
Following the tragic mass shooting in Uvalde, Texas, United States Citizenship and Immigration Services has immigration services that may help people affected by unforeseen circumstances. You can find more about these qualifying circumstances here.
The processing of asylum claims has been directly addressed by Secretary of Homeland Security Alejandro N. Mayorkas. Mayorkas released a statement regarding the implementation of a rule that should ensure that noncitizens placed in expedited removal who are eligible for asylum are granted relief quickly, and those who are not are promptly removed. The rule went into effect on May 31, 2022 and the full statement can be found here.
On May 20, 2022, The Department of Homeland Security posted for public inspection a Federal Register notice on Temporary Protected Status (TPS) for Afghanistan. This also provides clarity and instructions about how to register for TPS under Afghanistan’s designation.
April 2022
Recent initiatives are focused on eliminating barriers to those seeking civil protection orders. Applying for a civil protection order can be a daunting process for victims of domestic violence, especially when English is not their first language. The Hamilton County (Cincinnati) Clerk of Courts has announced that access to language translators will be made easier for those residents in Hamilton County who might otherwise be too intimidated to seek assistance due to a language barrier.
The United States Citizenship and Immigration Services has launched a new program, “Uniting for Ukraine,” which provides a new pathway for Ukrainians to enter and temporarily stay in the United States for a two-year period. You can find more about this program here.
On April 15, 2022, the Department of Homeland Security announced the designation of Cameroon for Temporary Protected Status (TPS) for 18 months. Only individuals who are already residing in the United States as of April 14, 2022, will be eligible for TPS.
March 2022
The Biden administration has announced that they will allow up to 100,000 Ukrainian refugees into the U.S. in various expedited ways. This decision will hopefully open up more pathways for IRLC to assist families.
During the Trump administration, the Centers for Disease Control and Prevention invoked Title 42, a public health order that significantly impacts migrants crossing U.S. borders. The cause comes from the 1944 Public Health Services Law that, "allows the government to prevent the introduction of individuals during certain public health emergencies," said Olga Byrne, the immigration director at the International Rescue Committee. The Biden administration has been encouraged to halt this order. Advocates continue to fight in court, insisting that this protective measuring during the height of the COVID-19 global health pandemic is no longer necessary.
The Biden administration issued a new rule that will allow asylum officers, rather than just immigration court judges, to adjudicate the claims of immigrants seeking asylum at U.S. borders.
January 2022
There is a backlog of over one million cases in the immigration system. Despite the backlog, the electronic case system has made it difficult for applicants to track the status of their case.
In the last few weeks, our attorneys have noted an increase in Notices of Intent to Deny from United States Citizenship and Immigration Services (USCIS). These notices shut down cases immediately. In the past, applicants could work with their attorney to file a waiver that would allow the application to move past the first stage. Now, they are receiving these notices that stop a case and do not allow it to proceed if there is something in the case history (like a 3 or 10 year bar).
There are significant delays between when an application is filed with USCIS and when it is actually processed. The waiting period is currently between 12-14 months to simply get a notice to schedule an interview. This includes Adjustment of Status, DACA Renewals, Work Status Visas, and so on.