OBTAINING AN EMERGENCY TRAVEL DOCUMENT

A common question from clients and potential clients is what they should do if they need to travel outside the U.S. and, if they are able to travel, what impact that will have on their immigration status and/or pending applications. This article will cover a few common scenarios in which someone is eligible to apply for an emergency travel document and the process to obtain this permit. 

Travel Permits Tied to Other Applications

In certain cases, if you have a pending adjustment of status application, you can file an application for a travel document called an advance parole document. This document allows you to return to the U.S. after temporary travel abroad without abandoning your application for adjustment of status. To obtain an emergency travel document, the best practice is to contact USCIS and request an emergency appointment at the local USCIS field office. When you attend this appointment, you will need to bring a completed I-131, Application for Travel Document, and all required supporting documents, including proof of your emergency or humanitarian situation. If USCIS approves your request for an emergency travel document, the agency typically issues the travel document on the same day. These travel documents are typically valid for a maximum period of 30 days.

You can also utilize this process if you have Deferred Action for Childhood Arrivals (DACA), a pending I-589, Application for Asylum and Withholding of Removal, Temporary Protected Status (TPS), and certain other applications. Not all travel permits require an emergency or humanitarian situation. However, current processing times for travel permits issued without expedited processing are significantly delayed.

Important Note Regarding Foreign Travel

An advance parole document does not guarantee that you will be allowed to reenter the U.S. and it is important that you speak to a qualified legal professional regarding the risks and benefits of traveling using an emergency document. 

**This article is intended to be construed as individual legal advice and does not create an attorney/client relationship.**

Documents to Include with Your N-400

Applying for citizenship in the U.S. is an exciting step in anyone’s immigration journey. However, like all things having to do with immigration, it can also be quite stressful and confusing. Some common questions include: 

↠ What form(s) do I use?

↠ How do I answer the questions?

↠ What if I fill part of it out wrong?

↠ What documents do I include?

↠ What can I expect at the interview?

↠What happens if I don’t pass the civics and history test?

This article will focus on the “What documents do I include?” question. Specifically, this article will address what documents to include when you are applying for naturalization because you have been a lawful permanent resident who is married to and residing with a U.S. citizen spouse for at least three years. This article will assume the applicant has no arrests, citations or detention and has not been separated from the U.S. citizen spouse. Basically, it is assuming a completely “clean” and straightforward case.

Here are the documents we include with these applications: 

↠ A copy of the front and back of the applicant’s green card; 

↠ A copy of the applicant’s tax returns for the most recent three years. If an applicant 

   files as “married but filing separately,” we also include the spouse’s taxes;

↠ A copy of the applicant’s marriage certificate and, if applicable, proof that all prior 

   marriages for the applicant and the applicant’s spouse have been terminated;

↠ If applicable, we attach the birth certificates for the applicant’s children;

↠ Proof that the applicant has been residing with their U.S. citizen spouse for three 

   years. This can include joint leases or mortgages, joint insurance statements, joint bills 

   covering the three year period, etc.

↠ Evidence of the Applicant’s good moral character. In practice, if an applicant has no 

   arrests, citations, detention, etc., letters of recommendation are generally not 

   necessary. This changes if the applicant has negative information in their record. 

If you have any questions about eligibility for naturalization, what documents to include, etc., you should consult with an attorney.

DHS Designates Afghanistan for Temporary Protected Status for 18 Months

On March 15, 2022, the Department of Homeland Security (DHS) designated Afghanistan for Temporary Protected Status (TPS). This designation lasts for 18 months from the date the designation is published in the Federal Register. 

Are you eligible? 

Nationals of Afghanistan residing in the U.S. are eligible for TPS if they meet the following requirements: 

1. You must have continuously resided in the U.S. as of March 15, 2022; 

2. You must file you application for TPS within the registration period; 

3. You must establish that you are otherwise eligible for TPS. There are certain bars to eligibility which an attorney can discuss with you if you are interested in applying for TPS. 

If you have questions about your eligibility for TPS, please contact us at www.fourcornerslaw.com or 503.446.3396.

Greyhound Settles Lawsuit Over Warrantless Immigration Searches and Detentions in Washington State

The State of Washington filed a lawsuit against Greyhound Lines, Inc. alleging that its conduct in allowing immigration agents to conduct warrantless and suspicionless enforcement actions in the Greyhound station located in Spokane, Washington violated the State’s anti-discrimination protections and the Consumer Protect Act. 

CBP and ICE agents have a history of boarding buses in the Spokane Greyhound station and detaining passengers to inquire about their immigration status. In January 2019, comedian Mohanad Elshieky was detained by CBP agents at the Greyhound station in Spokane and the incident resulted in CBP paying Elshieky a settlement of $35,000 after Elshieky sued for unlawful detention. The Spokane City Council attempted to ban the practice of immigration agents boarding buses at the station but the government released a memo taking the position that the practice is protected by federal law. After the release of that memo, Greyhound announced it would no longer allow immigration authorities onto their premises without a warrant even though the company previously took the position that they were powerless to stop the practice. 

Greyhound has now reached a settlement with Washington in which the company agreed to take the following steps: 

1. Pay $2.2 million into a settlement fund to provide restitution to those impacted by the warrantless searches and detentions; 

2. Greyhound will not allow immigration officials onto its buses or non-public property for the purpose of warrantless or suspicionless searches and detentions; 

3. Greyhound must not post or provide deceptive information about the government’s ability to conduct warrantless or suspicionless enforcement activity; 

4. Greyhound must implement a policy that clarifies that the company and its employees will not consent to allowing immigration officials to conduct a search without a judicially enforceable warrant; 

5. Greyhound must implement a procedure for maintaining records regarding all warrants and demands for access to their property;

6. Greyhound must provide clear notice on its buses operating in Washington stating that it does not consent to immigration agents boarding its buses or entering its property for the purpose of conducting warrantless or suspicionless searches. 

The Washington State Attorney General will create a claims procedure for people who were negatively impacted by warrantless searches. The Attorney General will also make reasonable efforts to locate individuals who may be entitled to a restitution payment from the settlement fund. 

TPS Extended for Certain Countries

USCIS issued a notice announcing the extension of Temporary Protected Status (TPS) for the following countries: (1) El Salvador; (2) Haiti; (3) Nicaragua; (4) Sudan; (5) Honduras; and (6) Nepal. If you are the beneficiary of TPS from one of these countries, that means that USCIS has automatically extended your employment authorization document (work card). USCIS has also extended I-94s for TPS beneficiaries from the above countries. 

For beneficiaries of TPS from the above-listed countries, USCIS has extended the validity of employment authorization through December 31, 2022 provided the authorizations were issued during a certain time frame. If you have questions about the validity of your TPS or work authorization, you should contact an attorney to review your documentation. 

COVID VACCINE REQUIREMENT FOR MEDICAL EXAMS

U.S. Citizenship and Immigration Services (USCIS) announced that, as of October 1, 2021, immigrants subject to the requirement of a medical examination must complete a COVID-19 vaccine series and provide documentation of vaccination. This applies to all medical exams signed on or after October 1, 2021. For exams completed on or after October 1, 2021, applicants must provide proof of vaccination in the form of a record or medical chart with notes from appropriate medical personnel. Self-reported vaccinations will not be accepted as proof of vaccination. 

There are blanket waivers to the vaccination requirement in the following circumstances: 

1. If an applicant is too young to receive the vaccine; 

2. If an applicant has a medical contraindication to the vaccine; 

3. If an applicant resides in an area where the applicant does not have access to an 

     approved vaccine or the supply is so low that it would cause an unreasonable delay in 

    the applicant’s application;

Applicants can apply for an individual waiver based on religious or moral objections. If an applicant seeks an individual waiver, the applicant needs to file a Form I-601. To obtain a waiver of the vaccination requirement, an applicant must establish the following: 

1. The applicant must be opposed to all vaccines in any form; 

2. The applicant’s objection must be based on religious or moral beliefs; and 

3. The applicant’s religious belief or moral conviction must be sincere. 

These waivers are also subject to an officer’s discretion, which means that prior to granting a waiver, in addition to considering the above-listed requirements, the officer will determine if the waiver should be granted as a matter of discretion.

The Return of Domestic Violence Asylum

In 2014, the Board of Immigration Appeals (BIA) issued the decision Matter of A-R-C-G-, which opened a new avenue for asylum seekers. Specifically, the BIA held that, depending on the facts of a case, “married women in Guatemala who are unable to leave their relationship” can constitute a particular social group for purposes of asylum. The reasoning in this case also allowed women from other countries in abusive relationships to apply for asylum as long as they met the standards set in Matter of A-R-C-G- and its subsequent cases. 

In 2018, former Attorney General Jeff Sessions overruled Matter of A-R-C-G- and its subsequent cases in a decision called Matter of A-B-. In this case, the former Attorney General did not just overrule Matter of A-R-C-G-, which allowed domestic violence survivors from certain societies to apply for asylum, he made it more difficult for anyone being persecuted by a private actor to have a successful claim of asylum. 

In June of 2021, current Attorney General, Merrick Garland, overruled Matter of A-B- and restored an applicant’s ability to pursue asylum based on domestic violence in certain circumstances. The government is currently in the process of formulating official rules regarding domestic violence asylum. However, until those rules are drafted, published, and adopted, domestic violence asylum cases will be decided under the framework in Matter of A-R-C-G- and its subsequent cases. This is a win for asylum seekers and survivors of domestic violence that hopefully represents what will be a continued stark departure from the former administration’s relentless assault on the asylum process. 

**This article is meant for general informational purposes only. Asylum is a complicated area of immigration law and we highly recommend seeking legal counsel to evaluate your asylum claim.**

What is Happening with DACA?

If you are confused as to the state of the DACA program, you are not alone. It feels like there are never ending court decisions and headlines and they are all contradictory. Recently, the Supreme Court held that the Trump Administration’s termination of the DACA program was not lawful. However, the Supreme Court did not rule on the legality of the program. 

On July 16, 2021, a federal judge in Texas ruled that the DACA program is unlawful and ordered U.S. Citizenship and Immigration Services (USCIS) to stop granting initial DACA applications. The order does not impact renewal applications. That leaves the question, what is the current state of the DACA program? 

As of the date of this article, USCIS is accepting initial and renewal applications. However, USCIS can only grant renewal applications. USCIS will also continue to accept and, in some cases, grant applications for advance parole for people who have been granted DACA. The Biden Administration issued a statement confirming they will appeal the ruling of the District Court in Texas.  

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. 

Washington Bans For-Profit Detention Centers Including Immigration Detention Centers

The Washington State Legislature passed a law, which the Governor signed, banning for profit detention centers in the State of Washington. This also applies to immigration detention centers, which means that the Northwest Detention Center (NWDC), a large for-profit immigration detention center owned by GEO, a private company, will have to be shut down by 2025.

The NWDC is a 1575-bed privately owned, for profit detention center used to detain immigrants pending resolution of removal defense proceedings. GEO has a long-standing relationship with the U.S. government that dates back to the 1980s. GEO operates under multiple contracts with the U.S. government, in particular Immigration and Customs Enforcement (ICE). New York, Illinois, Nevada, and California have all enacted laws similar to the Washington law. In 2019, GEO signed new contracts with ICE for five GEO-owned private detention centers in California with a term of 15 years. Those contracts were expected to generate hundreds of millions of dollars in revenue for GEO. GEO sued the State of California over the law and the federal judge presiding over the case ruled largely in favor of the State of California. GEO appealed the ruling and the appeal is pending.

The Biden Administration filed a briefing in the California case in which it adopted the Trump Administration’s arguments that the state law is unconstitutional. The Biden Administration did order agencies not to renew contracts with private prisons but specifically exempted immigration detention facilities from that order. For the time being, the Biden Administration is fighting to maintain the status quo as it relates to immigration detention and keeping immigrants in these for profit, private detention centers. This will leave it to the states to determine whether for-profit detention centers are welcome within their borders. It is highly likely that the Administration will also challenge the Washington law as unconstitutional.

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. 

Biden Administration Designates Venezuela for Temporary Protected Status for 18 Months

On March 8, 2021, the Department of Homeland Security (DHS) designated Venezuela for Temporary Protected Status (TPS). This designation lasts for 18 months, until September of 2022. By doing this DHS is recognizing the extraordinary but hopefully temporary situation for Venezuelan nationals currently residing in the U.S. DHS found that many factors prevent Venezuelan nationals from returning to Venezuela safely, such as a widespread humanitarian crisis, which has caused starvation, a growing number of non-state armed groups, repression, and a crumbling infrastructure. 

The Secretary of DHS stated that, “The living conditions in Venezuela reveal a country in turmoil, unable to protect its own citizens.” In response to this crisis, DHS has designated Venezuela for TPS. If you are granted TPS, you are protected from removal for the period of your TPS and are eligible for employment authorization.  

Are you eligible? 

Venezuelan citizens residing in the U.S. are eligible for TPS if they meet the following requirements: 

1. You must have continuously resided in the U.S. as of March 8, 2021; 

2. You must file you application for TPS within the 180-day registration period; 

3. You must establish that you are otherwise eligible for TPS. There are certain bars to eligibility which an attorney can discuss with you if you are interested in applying for TPS. 

   If you have questions about your eligibility for TPS, please contact us at www.fourcornerslaw.com or 503.446.3396.

Where Is My Receipt Notice?

If you filed an application for an immigration benefit recently and found yourself wondering if you will ever receive a receipt notice, you are not alone. As of January 29, 2021, most lockboxes were experiencing significant delays in processing applications. A summary, broken down by lockbox, is detailed below. 

Dallas Lockbox

The Dallas Lockbox has approximately 415,000 cases awaiting production of a receipt notice. 

Phoenix Lockbox

The Phoenix lockbox has approximately 67,000 envelopes in the processing queue awaiting production of a receipt notice. 

Chicago Lockbox

The Chicago Lockbox is providing receipt notices within approximately one week of receiving the application. 

If you are filing an application, we recommend also submitting Form G-1145, E-Notification of Application/Petition Acceptance. This form allows USCIS to send you a text message and email when your case is processed. The messages will also include your receipt number. This won’t speed up the process of USCIS getting through their queue but it will alert you that your case is in process while you are waiting for your receipt notice. 

New COVID-19 Testing Requirement For All Travelers Returning from Abroad

As of January 26, 2021, all travelers, including U.S. citizens and lawful permanent residents, will be required to get tested for COVID-19 no more than three days before entering the U.S. from a  foreign country and show a negative test result. Alternatively, if a passenger has been infected with and recovered from COVID-19, that passenger must show documentation confirming a positive test result and a letter from a health care provider confirming recovery and fitness to fly. This documentation is referred to as “Documentation of Recovery.” 

With limited exemptions, this new requirement applies to all passengers, regardless of immigration status, who are entering the U.S. after travel to any foreign country. If you are traveling using a negative test result taken within three days preceding your departure, the test result must read as follow: “NEGATIVE,” “SARS-CoV 2 RNA NOT DETECTED,” “SARS-CoV-2 ANTIGEN NOT DETECTED,” or “COVID-19 NOT DETECTED.” A test marked as “invalid” will not be acceptable. 

If you have any questions about these new travel requirements, please contact us. 

Social Security Number No Longer Required to Obtain an Oregon Driver License

The Oregon Legislature recently passed House Bill 2015, which went into effect on January 1, 2021. This is the bill that allows Oregonians to obtain a valid license without showing proof of lawful status in the U.S. The biggest benefit of this bill is that now Oregonians will be able to obtain a license without presenting a social security number. 

If you do not have a social security number, you can now apply for a license by making an appointment with the DMV and presenting the following: 

1. Your application; 

2. Proof of your full, legal name and identity; 

3. Proof of your date of birth; 

4. Proof of Oregon residency; and 

5. A signed statement confirming that you have not been assigned a social security number. 

For a complete list of required documents, please visit the Oregon DMV’s website at www.oregon.gov/odot/dmv. Some applicants have reported that the DMV is requiring a statement from the Social Security Administration that they have not been assigned a social security number. This requirement does not appear in the requirements listed on the DMV’s website, which provide that, if an applicant does not have a social security number, they must sign a statement confirming that they have not been assigned a number. However, if you would like an official statement that you have not been assigned a social security number, you can contact the social security administration. We can also provide you with a letter outlining the requirements of HB 2015 that you can present to the DMV when you apply for a license.  

Keep in mind that if you obtain a license under HB 2015, this will not be a REAL ID Act compliant license. This means that beginning on October 1, 2021, you will not be able to use this license to enter a secure federal building or board a domestic flight. 

If you have any questions about obtaining an Oregon license, please contact us.

How Many Biometrics Appointments is USCIS Going to Schedule?

Our clients, as well firms all over the country, have been receiving multiple biometrics notices for the same application. For example, several of our clients have attended a biometrics appointment for an I-765, Application for Employment for Authorization, commonly referred to as a work permit, and, after attending the appointment, clients receive another notice instructing them to attend a second biometrics appointment. These notices offer no explanation as to why the second notice was issued. This is annoying and burdensome for clients, particularly for clients who do not reside close to the office where the biometrics are collected. 

When this happens, the first question that clients ask is, “Why did this happen?” There are many possible answers to that question. However, the most likely answer is that USCIS made a mistake and issued the second notice in error. There is also a possibility that there was a problem with the collection or readability of your fingerprints. In any case, we are advising clients to attend these appointments even though it is both annoying and burdensome for them. The main reason we advise clients to attend is to avoid a potential wrongful denial based on abandonment. It is easier to attend a technically unnecessary biometrics appointment than it is to get USCIS to rescind a wrongful denial. 

If you receive a biometrics notice and you are unable to attend, you need to let your attorney know immediately, so she can reschedule the appointment. If you do not have an attorney, follow the instructions for rescheduling on the biometrics notice to reschedule your appointment. 

Proposed Affidavit of Support Rule Places Heavy Burden on Sponsors

On October 3, 2020, USCIS announced its intention to amend the rules relating to the I-864, Affidavit of Support. This new rule would make it more difficult for petitioning sponsors to establish they meet the requirements to serve as what is commonly referred to as a “financial sponsor.” It will also make it more difficult for petitioning sponsors to locate eligible joint sponsors. Under the current rules, a financial sponsor must meet meet the following requirements and submit the following documents: 

1. The sponsor’s income must be at or above 125% of the federal poverty guidelines; 

2. The sponsor must submit their Federal Form 1040 (Tax Return), along with W-2s and 1099s, for the most recent tax year and disclose their adjusted gross income from the prior two tax years; 

3. Pay stubs from the most recent six months or bank accounts showing income from the most six months if self-employed; and

4. Proof of status in the U.S.

The new proposed rules will impose heavy documentary requirements on sponsors. Under the new rule, sponsors would have to submit extensive documentation, including credit reports, credit scores, tax returns for three years, and extensive banking records. New requirements include, but are not limited to, the following: 

1. Requiring a joint sponsor if the petitioning sponsor received any kind of means tested benefit with the 36 months preceding the application. This would apply even if the petitioning sponsor now makes well over the federal poverty guidelines. For example, if someone received means tested benefits three years before petitioning for a relative but then had two steady years of income well above the federal poverty guidelines, the petitioner would still need a joint sponsor. In this scenario, a joint sponsor would be required even if a petitioning sponsor made over one million dollars a year for the two years preceding the application; 

2. All sponsors would be required to submit a full three years of tax returns or tax transcripts and W-2s and 1099s; 

3. The new rule would limit who can serve as a “household member” for purposes of establishing total household income. DHS is proposing limiting who can be a household member for purposes of total income to spouses of sponsors and, in certain circumstances, the intending immigration. For example, if a mother petitioned for a child and the the petitioning mother and sponsored child also live with an adult sibling, the sibling would no longer be able to serve as a household member for purposes of total income; 

4. Requiring sponsors and household members to submit credit scores and reports; 

5. Require banking information for sponsors and household members; and 

6. DHS would like to lift the requirement that USCIS would need to receive a subpoena from an outside agency before providing an outside agency with a certified copy of the Affidavit of Support. Under the new rule, DHS could provide an outside agency with a full copy of the affidavit and all supporting documents upon a “formal request.” 

In the proposed rule, the government claims that, currently very little is currently required for a sponsor or joint sponsor to show their income is sufficient to sponsor an immigrant. However, as you can see by the requirements listed above in the first enumerated list, this is not correct. Under the current rules, a sponsor must submit a complete copy of their most recent Federal Form 1040 and all supporting schedules, all W-2s and W-9s for the most recent tax year, and six months worth of pay stubs. In situations where applicants need a joint sponsor, the primary complaint we hear is that the potential joint sponsor does not want to disclose so much financial information to the government. By imposing requirements that sponsors submit banking records, credit reports, etc., the administration will make it even more difficult to find a qualified joint sponsor. 

This rule appears to be another attempt to quell lawful immigration without going through Congress for comprehensive immigration reform. If you have questions about how these new rules could impact your case, please contact us. 

Do You Qualify for an Emergency Appointment at the Consulate?

The U.S. consulates were, and some still are, closed due to the COVID-19 pandemic. Some consulates have resumed processing for certain types of visas and emergency or humanitarian appointments. Each consulate is doing things a little bit differently to maintain safety as they begin reopening, so this article is designed to give you general information not specific legal advice. 

Generally, to get an emergency appointment, you must show that your case fits into one of the following categories: 

1. Death of an immediate relative or grave illness or serious accident of an immediate relative who is located in the U.S.;

2. Urgent medical treatment for the applicant or their minor child; 

3. A student or exchange visitor seeking to enter the U.S. in F, J, or M status with a program start date that is before the first available visa date; 

4. An unexpected business trip that will occur within 10 days after the first available visa appointment; or

5. An unexpected visit that is of significant political, journalistic, cultural, sporting, or economic importance that will occur within 10 days after the first available visa date. 

For the category of death or grave illness, you must show that person who passed away or suffers from the illness is an immediate relative. For purposes of humanitarian appointments, that means parent, child, sibling, grandparent, or grandchild. For example, if you are seeking a humanitarian K-1 visa due to your fiancee’s parent being gravely ill, that would not qualify because the person who suffers from the illness is not your immediate relative. Also, if you are seeking an expedited appointment for business reasons, you have to show that the event you need to attend was unexpected, which means the consulate will not expedite your visa for foreseeable events for which you did not submit a timely application. 

Emergency or humanitarian appointments are difficult to obtain and the consulate will not grant you an emergency appointment for anything less than the above-written grounds. If you do get an emergency appointment, it is also important to make sure you are navigating the various travel bans that are currently in place correctly. If you are in a position where you live in a country that does not have a U.S. consulate, you need to be certain that the consulate you are using for processing is scheduling appointments for non-residents. For example, as today, the consulate in Turkey, which services many clients from Iran, is not scheduling appointments for applicants who are not residents of Turkey. 

COVID-19 has caused lengthy, frustrating, and painful separations among family members. Many applicants expected to be united or reunited with their loved ones by now. If you have questions about emergency appointments, please contact us for a consultation. 

Work Permits and Travel Permits No Longer Bundled with Adjustment of Status Applications

As you know from our prior article, USCIS is raising their fees on October 3, 2020. For more information on the fee increase, please click here. What many applicants do not know is that this will have a severe impact on many adjustment of status applications, also known as I-485s. Prior to the fee increase, adjustment applicants were allowed to file applications for work and travel authorization at no extra cost. This amounted to a savings of almost $1000 in filing fees. Also, you could renew your work and travel permits with no filing fees as long as your green card application was pending. 

This is changing on October 3, 2020. As of October 3, 2020, USCIS will require filings fees for work permit and travel applications, even if they are filed with an I-485. Applicants who wish to apply for work and travel permits will now have to pay an additional $550 for a work permit and an additional $590 for a travel permit. 

Helpful Tips: If you are currently eligible to file an adjustment of status application, we highly recommend doing so before October 3, 2020. As long as your application is postmarked by October 2, 2020, you will not be subject to the fee increase. If you have a work or travel permit that is expiring within 120 days, you should consider filing your renewal applications before October 3, 2020. Again, as long as your application is postmarked by or before October 2, 2020, you will not be subject to the fee increase.  

Have Questions? Feel free to call or email us!