Prosecutorial Discretion (PD) Update
Prosecutorial Discretion (PD) allows ICE attorneys to decide on a case-by-case basis which immigration cases to focus on. Generally, if ICE attorneys find that a case is not a priority—or “nonpriority”—then they will exercise PD. If ICE attorneys find that a case is a priority for enforcement, then they will generally not agree to exercise PD. A memorandum released on April 4, 2022, provided new guidance for how ICE’s attorney should use PD.
General Overview of the New Guidance
ICE attorneys are to prioritize three groups of cases:
- threats to national security
- threats to public safety
- threats to border security
ICE attorneys should use prosecutorial discretion for other cases in deciding actions such as
- Filing a Notice to Appear
- Moving to dismiss, administratively close, or continue proceedings
- Stipulating to the issues, relief, or bond or
- Pursuing an appeal
New Temporary TPS Rule: Designation of Afghanistan for TPS
On May 20, 2022, the Department of Homeland Security (DHS) announced that the Secretary of Homeland Security the designation of Afghanistan for Temporary Protected Status (TPS).
- This designation allows eligible Afghan nationals (and individuals having no nationality who last habitually resided in Afghanistan) who have continuously resided in the United States since March 15, 2022, and who have been continuously physically present in the United States since May 20, 2022, to apply for TPS.
- Effective May 20, 2022, for 18 months through November 20, 2023.
Reinstatement of the Cuban Family Reunification Parole Program
- The Department of State announced plans to reinstate the Cuban Family Reunification Parole Program and increase capacity for consular services in Cuba. This will make it possible for more Cubans to reunite with their families in the United States through regular immigration channels. Limited immigrant visa processing will continue in Havana, but most immigrant visa cases will still be processed at the U.S. Embassy in Georgetown, Guyana. There is no immediate change to consular services at the U.S. Embassy in Havana.
- Currently, there is no effective date for these plans.
I-765 Employment Authorization Documents (EADs)
Certain applicants who have filed Form I-765, Application for Employment Authorization, qualify for automatic extensions of their expiring employment authorization and/or EADs while their application is pending.
Who qualifies for this extension?
- Properly filed Form I-765 for a renewal of their employment authorization and/or EAD before their current EAD expired, and
- Are otherwise eligible for a renewal, which means that:
- The renewal application is under a category eligible for an automatic 180-day extension; and
- The Category on the current EAD matches the “Class Requested” on the Form I-797C Notice of Action, Receipt Notice.
Making an Expedite Request
You may ask USCIS to expedite adjudication of a benefit request (such as an application or petition) for an immigration benefit.
USCIS considers an expedite request if it meets one or more of the following:
- Severe financial loss to a company or person, provided that the need for urgent action is not the result of the petitioner’s or applicant’s failure to:
- Timely file the benefit request, or
- Timely respond to any requests for additional evidence;
- Emergencies and urgent humanitarian reasons;
- Nonprofit organization whose request is in furtherance of the cultural or social interests of the United States;
- U.S. government interests; or
- Clear USCIS error.
How do I request expedited processing?
- Generally, request expedited processing by calling the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833) or
- By using the Ask Emma program on the USCIS website after obtaining a receipt notice.
June 2022 Visa Bulletin: Family-Based Breakdown
To be eligible to file a family-based adjustment application with USCIS in June, a family-sponsored foreign national’s priority date must be earlier than the date listed below for their preference category and country.
What are the USCIS Cutoff Dates for Family-Sponsored Preferences in June 2022?
First: (F1) Unmarried Sons and Daughters of U.S. Citizens:
- China and India: December 1, 2014
- Mexico: February 1, 2000
- Philippines: March 1, 2012
- All other countries: December 1, 2014
(F2A) Spouses and Children of Permanent Residents:
(F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents:
- China and India: September 22, 2015
- Mexico: February 1, 2001
- Philippines: March 1, 2012
- All other countries: September 22, 2015
Third: (F3) Married Sons and Daughters of U.S. Citizens:
- China and India: November 22, 2008
- Mexico: September 15, 1997
- Philippines: June 8, 2002
- All other countries: November 22, 2008
Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens:
- China: March 22, 2007
- India: September 15, 2005
- Mexico: March 1, 2000
- Philippines: August 22, 2002
- All other countries: March 22, 2007