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.**
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.
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:
Death of an immediate relative or grave illness or serious accident of an immediate relative who is located in the U.S.;
Urgent medical treatment for the applicant or their minor child;
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;
An unexpected business trip that will occur within 10 days after the first available visa appointment; or
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.