Important Updates to USCIS Policy

USCIS recently announced several policy updates aimed at improving immigration services. These changes impact requests for expedited processing, the validity period for certain employment authorization documents, also known as “work permits,” and the issuance of Requests for Evidence and Notices of Intent to Deny. 

Requests for Expedited Processing

USCIS reinstated its policy of allowing nonprofits whose request is in furtherance of cultural and social interests of the U.S. to request expedited processing for benefits even if the application is eligible for premium processing. USCIS also clarified the circumstances under which work permits can be expedited based on severe financial loss to a person or company. USCIS clarified that job loss can be sufficient to show severe financial loss to an applicant or company based on the individual circumstances. 

Validity Period for Certain Work Permits

Certain applicants for adjustment of status are eligible to receive a work permit while applications to adjust status are pending. Prior to the new policy guidance, the work permit would be valid for only one year. USCIS will now issue those work permits with a validity period of two years. 

Requests for Evidence and Notices of Intent to Deny

USCIS announced that they are once again following the policy guidance from their June of 2013 memo when adjudicating applications for benefits. Under this memo, if an application is submitted that is missing evidence that could demonstrate eligibility, the proper course of action is for USCIS to issue a Request for Evidence or Notice of Intent to Deny and give the applicant time to submit the requested evidence or correct a deficiency in the application. In July of 2018, the Trump Administration rescinded the June 2013 memo and empowered officers to simply deny applications instead of issuing a Request for Evidence or Notice of Intent to Deny. This caused harm to applicants who submitted applications that omitted documentation or information through an innocent mistake. USCIS rescinded the July 2018 memo and will, once again, be following the June 2013 memo. 

What Documents Do Carriers Require to Board Permanent Residents?

The COVID-19 pandemic has complicated many aspects of the immigration process and caused delays in the processing of cases. However, it has also created issues for lawful permanent residents (LPRs) and Conditional Permanent Residents (CPRs) who have been unable to return to the U.S. as planned after a trip abroad. Many LPRs departed the U.S. close in time to the expiration of their Permanent Resident Card (PRC) possibly leaving them abroad with an expired document. Some CPRs departed the U.S. and were unable to return to the U.S. prior to filing their I-751, Petition to Remove Conditions on Residence.

Recently, Customs and Border Protection (CBP) issued guidance to airlines and other carriers regarding what is and what is not a valid immigration document for purposes of boarding a carrier bound for the U.S.

Unexpired Permanent Resident Card

If you are a lawful permanent resident in possession of a valid PRC, an airline should let you board with no further documentation. Airlines should not determine whether or not you are admissible to the U.S.

Valid Reentry Permit

If you are in possession of a valid reentry permit, an airline should allow you to board with no additional documents. You must be in possession of the original permit and a copy is not an acceptable boarding document.

Expired Permanent Resident Card - Part 1

Passengers in possession of an expired PRC may be boarded as long as the card had a 10-year validity date. 

Expired Permanent Resident Card - Part 2

Some LPRs have an expired PRC that has an extension sticker on the back that extended the validity of the card for one year. As of January 2021, those stickers have been discontinued. However, PRCs with that sticker will remain valid until the expiration date. LPRs who have expired PRCs should now use their expired PRC and their original I-797 (Receipt Notice) for their I-90s (Green Card Renewal) for travel. The combination of the expired PRC along with the I-797 extends the validity of the PRC for one year. 

Expired Conditional Resident Cards

Conditional Permanent Residents (CPRs) are non-citizens who were granted permanent residence for a period of two years. If you are a CPR with an expired green card, you must be in possession of the original I-797 (Receipt Notice) showing that you timely filed your I-751, Petition to Remove Conditions on Residence. If you are not in possession of both your expired card and the original receipt notice, you will not be allowed to board the airline or other vessel entering the U.S. 

In the guidance from CBP, the agency wrote that airlines should only be determining whether a passenger is in possession of proper boarding documents and immigration documents, not whether they are eligible to enter the U.S. under the immigration laws. Keep in mind that being allowed onto an airplane, train, etc. does not guarantee your admission into the U.S. If you have an extended absence from the U.S. or questions about your immigration documents, you should contact an immigration attorney in advance of your intended departure.