Monthly Seminars are Back!
Our New Year’s resolution is to begin our in-person seminars once again! The seminars will be held the 2nd Saturday of every month at starting 9:30am. After each seminar, attendees will be given the opportunity to have a free general consultation with our experienced immigration attorney. Seating is limited, so please call our office to sign up for our next seminar.
DHS Announces Process Enhancements for Supporting Labor Enforcement Investigations
On January 13, a new Dept. of Homeland Security (DHS) issued policy set forth protections from deportation for any worker who comes forward to report labor abuses. Under the new policy, immigrant workers who are the victim of, or witness to, any violation of labor rights can receive “deferred action,” temporary permission to remain in the United States legally and obtain employment authorization.
To become eligible for deferred action, a worker will have to report the violation to any state or local labor agency, once complaint is filed the worker must a request for a “Statement of Interest”, then the DOL will have to agree and provide a statement to submit to U.S. Citizenship and Immigration Services (USCIS). The worker will then need to submit evidence demonstrating that they satisfy the criteria for the program and USCIS will determine whether to grant the worker deferred action. If granted, the worker would receive a work permit and permission to remain in the United States for a set period of time (typically two years).
Extension and Redesignation of Haiti & Somalia for TPS
The Department of Homeland Security (DHS) has posted a notice for the extension and redesignation for Haiti for Temporary Protected Status (TPS) for 18 months, from February 4, 2023, through August 3, 2024. For Somalia, the extension and redesignation will be from March 18, 2023, through September 17, 2024.
This extension and redesignation of Haiti for TPS allows nationals of Haiti (and individuals having no nationality who last habitually resided in Haiti) who have continuously resided in the United States since Nov. 6, 2022, and who have been continuously physically present in the United States since Feb. 4, 2023, to apply for TPS. Those who have been continuously residing in the United States since Nov. 6, 2022, and have a pending TPS application with USCIS do not have to refile at this time.
Nationals from Somalia who were already residing in the United States as of January 11, 2023, will be eligible for TPS under Somalia’s redesignation if they also meet all other eligibility requirements. Somalis entering the United States after January 11, 2023, are not eligible for TPS under this redesignation.
USCIS Extends Green Card Validity for Conditional Permanent Residents with a Pending Form I-751 or Form I-829
USCIS is extending the validity of Permanent Resident Cards (also known as Green Cards) for applicants who properly file Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status for 48 months beyond the card’s expiration date. This change started on January 11, 2023, for Form I-829 and will start on January 25, 2023, for Form I-751. USCIS has updated the language on Form I-751 and Form I-829 receipt notices to extend the validity of a Green Card for 48 months for individuals with a newly filed Form I-751 or Form I-829. USCIS will issue new receipt notices to eligible conditional permanent residents who previously received notices with an extension shorter than 48 months and whose cases are still pending.
As a reminder, conditional permanent residents who plan to be outside of the United States for a year or more should apply for a reentry permit by filing Form I-131, Application for Travel Document, before leaving the United States.
USCIS Faces New Class Action Lawsuit for its Extreme Delays in Processing I-601A Provisional Waivers
A lawsuit was recently filed against U.S. Citizenship and Immigration Services (USCIS) on behalf of 248 people, and a class of tens of thousands more, to end the delays on their I-601A Provisional Waiver, which have increased exponentially to about three years. The plaintiffs seek to certify a class of noncitizens who have filed or will file this type of waiver application and whose application has been pending for at least 12 months. For applications filed in the future, the lawsuit asks USCIS to decide the waiver application within six months from the date the application is filed.
The lawsuit was filed in the federal district court for the Western District of Washington by the American Immigration Council and the law firms of Gibbs Houston Pauw, Bless Litigation, Joseph & Hall PC, Kuck Baxter Immigration Partners LLC, and Siskind Susser, PC.
Asylum Applicants Can Now File Form I-765 Online
U.S. Citizenship and Immigration Services is now allowing certain Asylum applicants to file Form I-765, Application for Employment Authorization, online. Effective immediately, applicants for employment authorization under category (c)(8), Pending Asylum and Withholding of Removal Applicants and Applicants for Pending Asylum under the ABC Settlement Agreement, may file Form I-765 online.
Individuals may file Form I-765 150 days after they file their asylum application (filing date can be found on the receipt notice). To file Form I-765 online, individuals must first visit my.uscis.gov to create a USCIS online account. There is no cost to create an account. A USCIS online account offers a variety of features, including the ability to communicate directly with USCIS about an application through a secure inbox. Individuals who have previously filed a USCIS form online may use an existing USCIS online account.
Visa Bulletin Update – February 2023
For all family-sponsored preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for February 2023.
DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS
