Articles Posted in DHS

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A new family reunification parole process has been launched, this time for qualifying nationals of Ecuador.

Who is eligible?


Nationals of Ecuador petitioned by family members who are U.S. citizens or lawful permanent residents and who have received approval on Form I-130, Petition for Alien Relative, to join their family in the United States may participate in this new parole process.

Parole will allow such nationals and their immediate family members to be admitted to the United States lawfully for a period of up to three years, while waiting to apply to become lawful permanent residents.

Qualifying beneficiaries must be outside the United States, must not have already received an immigrant visa, and meet all other requirements, such as screening, vetting, and medical requirements.


How does the family reunification process work?


The Family Reunification Parole process is initiated when the Department of State sends an invitation by mail or e-mail to the petitioning U.S. citizen or lawful permanent resident family member whose Form I-130 is already approved. The petitioner is the person who has filed the Form I-130 petition with USCIS on behalf of the foreign national.

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We are happy to report that the Biden administration has accelerated Israel’s designation into the Visa Waiver Program (VWP).

Previously, the government announced that Israeli nationals could begin to travel to the United States visa-free starting on November 30th.

However, as of yesterday, Thursday, October 19, 2023, the Department of Homeland Security (DHS) issued a new press release notifying the public that eligible Israeli nationals can now start applying for authorization to travel to the United States on a temporary basis through the U.S. Customs and Border Protection’s (CBP) Electronic System for Travel Authorization (ESTA). For the time being, the ESTA application is only available in the English language but will soon be made available in other languages.

ESTA authorizations are generally valid for two years upon issuance and allow successful applicants to travel to the United States for tourism or business purposes for up to 90 days without first obtaining a U.S. visa. Israeli citizens and nationals with valid B-1/B-2 visas may continue to use them for business and tourist travel to the United States.

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The November Visa Bulletin has arrived! In this blog post we share with you the changes that you can expect to see in the visa bulletin for the upcoming month of November.

Whether you are applying for an immigrant visa at a U.S. Consulate overseas or applying for adjustment of status to permanent residence in the United States, you won’t want to miss these important updates.


Overview


What is the Visa Bulletin?


The Department of State releases the visa bulletin on a monthly basis, which summarizes the availability of immigrant visa numbers for that particular month in the employment and family preference categories. The purpose of the visa bulletin is to inform immigrants who are subject to the numerical quota system of when they are eligible to apply for an immigrant visa or adjustment of status application. Applicants can determine their place in line by looking at the priority date on their underlying immigrant petition. Applicants with a priority date that is “current” on the Visa Bulletin can move forward with the immigration process, because that means a visa number is available to them.


What are the preference categories that are subject to the numerical limitations?


The Family Sponsored Preference Categories and their annual limits are as follows:

First: (F1) Unmarried Sons and Daughters of U.S. Citizens:  23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents:  114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

  1. (F2A) Spouses and Children of Permanent Residents:  77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
  2. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents:  23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of U.S. Citizens:  23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens:  65,000, plus any numbers not required by first three preferences.

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The long-awaited news is finally here. The Department of State has announced the designation of Israel into the Visa Waiver Program (VWP) effective November 30, 2023.

Beginning on that date, citizens and nationals of Israel will be able to apply to travel to the United States for tourism or business purposes for up to 90 days, without first obtaining a U.S. visa by applying on the Electronic System for Travel Authorization (known as ESTA). ESTA travel authorizations are generally valid for two years upon issuance.

Israeli citizens with valid B1/B2 visas may continue to use them for business and tourist travel to the United States.

The move will also benefit U.S. Citizens, considering that Israel has updated its travel policies to allow all U.S. citizens to request entry to Israel for up to 90 days for business, tourism, or transit without obtaining a visa. Israel has also granted Palestinian-Americans both living in the West Bank and the United States, the ability to enter Israel visa free, and fly in and out of Ben Gurion airport without restrictions.

Israel will join 40 other countries in becoming part of the Visa Waiver Program.

In the announcement, Secretary of Homeland Security Alejandro N. Mayorkas remarked, “This designation, which represents over a decade of work and coordination between the United States and Israel, will enhance our two nations’ collaboration on counterterrorism, law enforcement, and our other common priorities. Israel’s entry into the Visa Waiver Program, and the stringent requirements it entails, will make both of our nations more secure.”

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It’s official. The U.S. Citizenship and Immigration Services (USCIS) has confirmed that it will be increasing the validity period of work permits also known as Employment Authorization Documents (EADS) to 5 years, for certain categories of noncitizens who are employment authorized incident to their immigration status and those who must apply for employment authorization including:

  • Refugees
  • Asylees
  • Noncitizens paroled as Refugees
  • Noncitizens granted Withholding of Removal
  • Noncitizens with pending applications for Asylum or Withholding of Removal
  • Noncitizens with pending applications for Adjustment of Status (green cards) under INA 245
  • Noncitizens seeking Suspension of Deportation or Cancellation of Removal

Additionally, USCIS has released policy guidance clarifying that the Arrival/Departure Record (Form I-94) may be used as evidence of an alien’s status and employment authorization for certain EAD categories that are employment authorized incident to their immigration status or parole.

These changes can be found in the USCIS Policy Manual, and are also described in USCIS Policy Alert 2023-27 dated September 27, 2023.


What’s changed?


Previously, USCIS policy allowed for a maximum 2-year validity period of Employment Authorization Documents (EADs) for most categories of immigrants indicated above, and a maximum 1-year validity period for noncitizens paroled as refugees and those seeking suspension of deportation or cancellation of removal.

USCIS is now revising its guidelines to increase the maximum EAD validity period for these categories up to 5 years.

The purpose of increasing the validity period is to reduce the frequency in which noncitizens must file Form I-765 Application for Employment Authorization to renew their work permits (EADs).

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We kick off the week with a brand-new update from the U.S. Citizenship and Immigration Services (USCIS) for those applying to extend or change their nonimmigrant status using Form I-539.

The agency has announced that it will be exempting all I-539 applicants from paying the biometrics service fee of $85 beginning October 1, 2023 (applications postmarked October 1st or later will no longer need to include this fee), including those applicants filing Form I-539 requesting an extension of stay in or change of status to H-4, L-2, or E nonimmigrant status.


Will I still be scheduled for a biometrics (fingerprint) appointment?


USCIS has said that if you have filed Form I-539 before October 1st, certain filers will still be scheduled for an ASC appointment and should still attend that appointment as scheduled.

In most cases, however after October 1st applicants will not be scheduled to attend a biometric services appointment.

In some cases, USCIS may determine that biometrics are required and send the applicant a notice with information about appearing for their biometric services appointment.


What happens if I submit the biometrics fee by mistake?


If you mistakenly submit the $85 biometric services fee and the payment is submitted separately from the Form I-539 fee, USCIS will return the biometric services fee and accept the Form I-539.

If you mistakenly submit the biometric services fee and the payment is combined with a paper-based Form I-539 filing fee, USCIS will consider this an incorrect filing and reject your Form I-539.

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On September 20, 2023, the Department of Homeland Security (DHS) released a fact sheet unveiling new actions to cut down the processing time of work authorizations filed by certain asylum seekers.

Starting October 1, 2023, USCIS will speed up the processing of Form I-765 Applications for Employment Authorization, (also known as EADs) filed by parolees who schedule an inspection appointment through CBP One. Such individuals are eligible to apply for employment authorization immediately.

USCIS aims to decrease average processing times for EADs from 90 days to 30 days for such individuals and will allocate more personnel and resources to accomplish this objective.

Additionally, USCIS seeks to decrease average processing times to just 30 days for EADs filed in connection with the Cuban, Haitian, Nicaraguan, and Venezuelan parole programs.

Finally, to improve efficiency, USCIS will also be increasing the maximum validity period of initial and renewal EADs to five years for certain noncitizens, including:

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In this blog post, we summarize the movement of the family-sponsored and employment-based preference categories of the October Visa Bulletin.

This information will be helpful to those applying for an immigrant visa at a U.S. Consulate overseas, and those applying for adjustment of status to permanent residence in the United States.


Overview


What is the Visa Bulletin?


The Department of State releases the visa bulletin on a monthly basis, which summarizes the availability of immigrant visa numbers for that particular month in the employment and family preference categories. The purpose of the visa bulletin is to inform immigrants who are subject to the numerical quota system of when they are eligible to apply for an immigrant visa or adjustment of status application. Applicants can determine their place in line by looking at the priority date on their underlying immigrant petition. Applicants with a priority date that is “current” on the Visa Bulletin can move forward with the immigration process, because that means a visa number is available to them.


What are the preference categories that are subject to the numerical limitations?


The Family Sponsored Preference Categories and their annual limits are as follows:

First: (F1) Unmarried Sons and Daughters of U.S. Citizens:  23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents:  114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

  1. (F2A) Spouses and Children of Permanent Residents:  77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
  2. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents:  23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of U.S. Citizens:  23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens:  65,000, plus any numbers not required by first three preferences.

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The U.S. Citizenship and Immigration Services (USCIS) recently announced the reopening of an international field office in Havana, Cuba.

The Havana office will assist with U.S. immigration benefits and services, including conducting interviews, processing cases for pending Cuban Family Reunification Parole (CFRP) requests, and Form I-730, Refugee/Asylee Relative Petitions, and other limited appointment-only services such as collecting biometrics for U visa applications.

Services at the Havana Field Office will be available by appointment only.  USCIS has updated the USCIS International Immigration Offices page with more information about services and appointments available at the Havana Field Office.

Secretary of Homeland Security Alejandro Mayorkas said that the decision to reopen the Havana Field Office was made to, “reduce unlawful entries, deny resources to ruthless smuggling organizations, and streamline access to lawful, safe, and orderly pathways for those seeking humanitarian relief.”

This move marks a restoration of American relations in Cuba. During the Trump administration, the Havana Field Office was closed, following the suspension of operations in 2017 after the U.S. Department of State ordered all non-essential personnel and families to depart Cuba.

On June 9, 2022, the Biden administration announced it would be resuming operations under the Cuban Family Reunification Parole (CFRP) program, to provide a safe, orderly pathway for certain Cuban beneficiaries of approved family-based immigrant petitions (Form I-130) to wait in the United States for their immigrant visas to become available.

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