Immigration Blog
USCIS will Allow More Individuals who had “Aged Out” under Prior Child Status Protection Act (CSPA) Guidelines to submit late Green Card Applications
USCIS has issued additional Child Status Protection Act guidance to allow the agency to exercise its discretion to accept an adjustment application and accord CSPA protections to a foreign national even if more than one year has elapsed since their priority date became current under the State Department’s Visa Bulletin Dates for Filing. The new guidance further refined a February 2023 policy that introduced a more generous formula for calculating an applicant’s CSPA age, thereby offering greater protection against a child aging out of the ability to obtain a green card as a derivative of their
China's Accession to Hague's Apostille Convention Expected to Streamline EB-5 Processing
On March 8, 2023, China officially acceded to the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents, also known as the “Apostille Convention”. The Apostille Convention is an international treaty that simplifies the process of authenticating public documents for use in foreign countries. Prior to China's accession to the Apostille Convention, Chinese nationals who were applying for EB-5 visas were required to have their documents authenticated by the Chinese embassy or consulate in the United States. This process could be time-consuming and expensive, and
Asylum Seekers and Third Country Agreement
The Safe Third Country Agreement (STCA) is an agreement between Canada and the United States that allows refugees to make asylum claims in Canada only if they have first made a claim in the United States, or vice versa. The agreement was signed in 2002 and came into effect in 2004. The STCA has been controversial since it was signed. Some people argue that it is unfair to refugees, as it forces them to make asylum claims in countries where they may not feel safe. Others argue that the STCA helps to prevent asylum fraud and abuse. In recent years, there have been a number of cases where people
NEW PAROLE PROGRAM FOR VENEZUELANS
The Department of Homeland Security (DHS) announced a New Parole Program for Venezuelans who seek to enter the United States. To be eligible for the program Venezuelans must apply online to be granted parole and prove (1) they have a supporter in the United States who agrees to provide housing and other supporters as needed; (2) must pass national security and public safety vetting; (3) must agree to fly at their own expense to an interior US port of entry (POE), rather than entering at a land POE. Individuals who within the past five (5) years, have been ordered removed from the US or have
Filipino Wwii Vets Parole & Haitian Family Reunification Parole Program Reopened
The Filipino World War II Veterans Parole (FWVP) program and the Haitian Family Reunification Parole (HFRP) program, which aim to reunite eligible U.S. citizens and residents with certain family members who live abroad and who are waiting in long immigrant visa backlogs, have been reopened. U.S. Citizenship and Immigration Services’ (USCIS) decision to reverse the 2019 terminations comes at a much-needed time for people currently in the programs. However, the ongoing effects of the COVID-19 pandemic will likely cause a delay for Filipino veterans and Haitians who are not already enrolled in
Biden Administration Plans to Rescind Covid-19 Travel Bans
Today President Biden announced that the United States will be putting in place strict protocols to prevent the spread of COVID-19 from passengers flying internationally into the United States, by requiring that adult foreign nationals traveling to the United States be fully vaccinated. This policy means that the US Government will no longer implement the current 212(f) travel policies for individual countries as of early November, and will be moving to a consistent, stringent requirement for all international air travelers coming to the United States. Specifically: Starting in early November
INTERVIEW WAIVED FOR SOME F, M AND J ACADEMIC VISAS
International students are now and have always been among the Department of State’s highest priorities. The Department recognizes the important contributions these students make to our college and university campuses; the positive impact they have on U.S. communities; and the rich benefits of academic cooperation in increasing cultural understanding, furthering research, knowledge, and supporting U.S. diplomacy. The Department is committed to supporting the U.S. academic community, while administering U.S. law. The Department also recognizes this is a critical period of time for students
Court Affirms The Department Of State’S Policy To Count Dependents Toward Eb-5 Visa Cap
The U.S. Court of Appeals for the District of Columbia Circuit has ruled that family members count toward a cap on visas. The ruling found that spouses and children of EB-5 investors must be included in the tally with the annua; 10,000 visas in the EB-5 program. A panel of three judges dismissed the case of Chinese investors and their family members who claimed Congress intended family-member visas to be excluded in the 10,000 visas in the EB-5 program. The D.C. Circuit affirmed that the Immigration and Nationality Act has required the State Department, since 1965, grant visa applicant spouses
Extension and Redesignation of Somalia for TPS
On June 19, 2021, The Department of Homeland Security announced the extension and redesignation of Somalia for Temporary Protected Status (TPS) for 18 months, from Sept. 18, 2021, through March 17, 2023. The extension of TPS for Somalia allows approximately 447 current beneficiaries to retain TPS through March 17, 2023, so long as they meet TPS eligibility requirements. The redesignation of Somalia for TPS allows an estimated 100 additional Somali nationals (or individuals having no nationality who last habitually resided in Somalia) who have been continuously residing in the United States