Form I-131A Now Available

From: https://www.uscis.gov/news/alerts/form-i-131a-now-available

USCIS has published Form I-131A, Application for Travel Document (Carrier Documentation), a new form that allows lawful permanent residents (LPRs) to apply for a travel document (carrier documentation) if they:

• Are returning from temporary overseas travel of less than one year, and their Green Card has been lost, stolen or destroyed, or
• Are returning from temporary overseas travel of less than two years, and their Reentry Permit has been lost, stolen or destroyed.

The length of the absence will be measured from the time the LPR departed the U.S. to the time he or she pays the Form I-131A fee.

Applying for Carrier Documentation

To file Form I-131A, LPRs must pay the required fee online and then apply in person at a U.S. Embassy or Consulate.

The embassy or consulate will generally issue the carrier documentation within two weeks. The LPR should present the carrier documentation, which may be a boarding foil (similar to a visa) or transportation letter, to a transportation carrier instead of their Green Card or Reentry Permit.

The carrier documentation allows an LPR to prove to a transportation carrier only that they are authorized to travel to a United States port of entry to apply for admission to the United States. It is not a guarantee of admission or parole into the United States. CBP will conduct all required inspections when the LPR arrives at a United States port of entry and will make the final determination of whether to admit or parole the LPR to the United States.

Filing a Form I-131A does not give an LPR a new Green Card. To apply for a new Green Card, they must file Form I-90, Application to Replace Permanent Resident Card, and pay the filing fee. Visit our Form I-90 page at uscis.gov/I-90 for more information.

LPRs with Expired Green Cards

LPRs with expired Green Cards may not need to file Form I-131A. We encourage LPRs to check with their airline or vessel before determining whether to file Form I-131A.

Although regulations generally require an LPR to travel with a valid Green Card, CBP policy permits a transportation carrier bound for the United States to board an LPR  without carrier documentation if:

• They have an expired Green Card that was issued with a 10-year expiration date, or
• They have an expired Green Card with a 2-year expiration date AND a Form I-797, Notice of Action, showing that they have filed a Form I-751 or Form I-829 to remove the conditions on their permanent resident status. The Notice of Action extends the validity of the card for a specified length of time, generally one year.

Filing Fee

The filing fee for Form I-131A is $360. There is no biometric services fee. The fee for this form must be paid online using a credit or debit card or U.S. bank account through our online payment system.

Applicants cannot use a fee waiver for this form. As with all immigration fees, USCIS does not issue refunds, regardless of the decision on the application.

Form I-131A filing fee is current as of the publication date of this alert. However, because USCIS fees change periodically, please verify the current fee at uscis.gov/forms.

Where to File

Before appearing at a U.S. Embassy or U.S. Consulate to file Form I-131A, LPRs must submit the filing fee on the USCIS website. When appearing in person at a U.S. Embassy or U.S. Consulate to file Form I-131A, they must bring evidence that they paid the fee. Please contact the nearest U.S. Embassy or U.S. Consulate or visit its website to verify that they can process the Form I-131A and to read instructions on how to file.

Deferred Enforced Departure Extended for Liberians in U.S.

From USCIS:

USCIS Automatically Extends Validity of Employment Authorization Documents

WASHINGTON—President Obama has announced an extension of Deferred Enforced Departure (DED) for certain Liberian nationals through March 31, 2018. U.S. Citizenship and Immigration Services (USCIS) will automatically extend employment authorization documents (EADs) for Liberian nationals covered by this extension of DED. Current DED-based EADs that have an expiration date of Sept. 30, 2016, will now be valid through March 31, 2017. The six-month automatic extension of existing EADs will allow eligible Liberian nationals to continue working while they file their applications for new EADs. The extension also gives USCIS time to process and issue new EADs.

Certain individuals are not eligible for DED, including:

• Liberians who did not have Temporary Protected Status (TPS) on Sept. 30, 2007, and are therefore not covered under current DED;
• Certain criminals; 
• People subject to the mandatory bars to TPS; and
• Those whose removal is in the interest of the United States.

USCIS will publish a notice in the Federal Register with information regarding the extension of EADs for eligible Liberian nationals and instructions on how to obtain employment authorization for the remainder of the DED extension. 

For additional information about DED for Liberian nationals, please visit the Deferred Enforced Departure webpage. Liberian nationals or employers may also contact the USCIS National Customer Service Center at 1-800-375-5283 (TDD for the deaf and hard of hearing: 1-800-767-1833).

Executive Office for Immigration Review Swears in 15 Immigration Judges

https://www.justice.gov/eoir/pr/executive-office-immigration-review-swears-15-immigration-judges

EB-5 & Other USCIS Timelines For September 2016

For more information about the EB-5 program, please contact the JQK Law Firm at (310) 582-5904 or info@jqklaw.com

Form I-526 (Immigrant Petition by Alien Entrepreneur)

17.1 months (.4 month increase from previous month!)

Form I-829 (Petition by Entrepreneur to Remove Conditions) 

22 months (.7 month increase from previous month!) 

Form I-924 (Application for Regional Center)

11 months (.8 month increase from previous month)

Click here for other USCIS Processing times, 

Click here for Asylum Processing Times,
Click here for AAO Processing times,
Click here for Department of Labor processing times and information on backlogs,

Click here for Department of State Visa Bulletin,

Click here for Visa application Wait Times for Various Posts,

Click here for When to Expect Your Green Card.

No Definite Right to Free Immigration Counsel for Minors

http://mimesislaw.com/fault-lines/9th-circuit-dumps-right-to-counsel-lawsuit-only-feels-a-little-bad-about-it/13067

New 5 Star Review for JQK Law

State Department: No Eyeglasses Policy for Visa and Passport Photographs

https://travel.state.gov/content/dam/visas/policy_updates/16-STATE-106142.pdf

How to Inquire About your DACA Renewal Request

From USCIS:

We are aware that some DACA (Deferred Action for Childhood Arrivals) recipients may have submitted requests for renewals that have been pending longer than normal processing times. We make every effort to adjudicate cases within 120 days, whether they were filed timely or not. Timely filed cases are those that were submitted at least 120 days before the expiration of the current period of DACA and the employment authorization document.

There are several options available to inquire about DACA renewal requests:

If a case has been pending longer than 105 days, you may submit an inquiry to the USCIS Customer Contact Center atmy.uscis.gov/account/needhelp or via your online account at my.uscis.gov/account/inbox.  

The Customer Contact Center can also provide general information and help with setting up an online account even if your case has not been pending longer than 105 days.

You may also contact us at 1-800-375-5283 (TDD for deaf and hard of hearing: 1-800-767-1833), and USCIS customers can always check their case status through Case Status Online. 

As a general reminder, please note that factors that may affect the timely processing of your DACA renewal request include, but are not limited to:

• Failure to appear at an Application Support Center (ASC) for a scheduled biometrics appointment to obtain fingerprints and photographs. No-shows or rescheduling appointments will require additional processing time.
• Issues of national security, criminality or public safety discovered during the background check process that require further vetting.
• Issues of travel abroad that need additional evidence/clarification.
• Name/date of birth discrepancies that may require additional evidence/clarification.
• The renewal submission was incomplete or contained evidence that suggests a requestor may not satisfy the DACA renewal guidelines and USCIS must send a request for additional evidence or explanation.

Please also keep your address up to date to ensure that our materials are delivered to your current physical address. You can update your mailing address online.

And, remember, the wrong help can hurt! To learn information on protecting yourself against immigration services scams, visit our Avoid Scams web page, at uscis.gov/avoidscams.

Executive Office for Immigration Review Announces New Chief Immigration Judge

https://www.justice.gov/eoir/pr/executive-office-immigration-review-announces-new-chief-immigration-judge

Temporary Protected Status Benefits Under Designations of Guinea, Liberia and Sierra Leone Extended Six Months for Orderly Transition Before Termination in May 2017

From USCIS:

WASHINGTON—Secretary of Homeland Security Jeh Johnson is extending TPS benefits for beneficiaries of TPS under the designations of Guinea, Liberia, and Sierra Leone for 6 months for the purpose of orderly transition before the designations terminate, effective May 21, 2017. After reviewing country conditions and consulting with the appropriate U.S. government agencies, Secretary of Homeland Security Jeh Johnson has determined that conditions in Guinea, Liberia, and Sierra Leone no longer support their designations for Temporary Protected Status (TPS). The widespread transmission of Ebola virus in the three countries that led to the designations has ended. 

To provide for an orderly transition, current TPS beneficiaries will automatically retain their TPS and have the validity of their current Employment Authorization Documents extended through May 20, 2017. Beneficiaries do not need to pay a fee or file any application, including for work authorization, in order to retain their TPS benefits through May 20, 2017. 

Although TPS benefits will no longer be in effect starting May 21, 2017, TPS beneficiaries will continue to hold any other immigration status that they have maintained or acquired while registered for TPS. The Department of Homeland Security urges individuals who do not have another immigration status to use the time before the terminations become effective in May to prepare for and arrange their departure from the United States or to apply for other immigration benefits for which they may be eligible. 

Additional information about TPS is available at uscis.gov/tps. Federal Register notices posted for public inspection today contain further details about the six-month extension for orderly transition before the termination of the TPS designations ofGuinea, Liberia and Sierra Leone. 

For more information about USCIS and its programs, please visit www.uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis), Facebook(/uscis), Instagram (@uscis) and the USCIS blog The Beacon.

Updates to Filing Form N-400, Application for Naturalization

From USCIS:

Dear Stakeholder, We would like to share two important updates to filing Form N-400, Application for Naturalization, now that it is processed electronically. All applicants (except those who reside overseas): No longer need to submit two passport-style photographs. We will capture their photographs when they appear at the Application Support Center (ASC) for their biometrics appointment. Will be scheduled for a biometric service appointment at a local ASC for collection of their fingerprints, photographs and signature, regardless of their age. USCIS used to waive the fingerprint requirement for applicants 75 years or older, which meant they were not required to appear at an ASC. However, now that this form is processed electronically, those applicants do need to appear at an ASC. Our improved technology means we can capture fingerprints for applicants of all ages. This enhances our ability to confirm their identity and perform required background checks. We will update the form instructions, Policy Manual and Guide to Naturalization as soon as possible.  Applicants aged 75 and older do not have to pay the biometrics fee. All domestic USCIS facilities are accessible to individuals with disabilities. However, USCIS can make special arrangements to accommodate the needs of the elderly and applicants with disabilities, who are homebound or hospitalized.  This is known as homebound processing. Applicants who need to request an accommodation for their appointment can submit a service request online or call the National Customer Service Center (NCSC) at any time at 800-375-5283 (TDD: 800-767-1833). Remember that the wrong help can hurt! To learn information on protecting yourself against immigration services scams, visit our Avoid Scams webpage at uscis.gov/avoidscams. This site contains information on common scams, form filing tips, how to find legal services and where to report immigration scams. Kind Regards, Public Engagement Division US Citizenship and Immigration Services

USCIS Notice Regarding the October 2016 Visa Bulletin

DOS Publishes Visa Bulletin for October 2016

On Sept. 8, the Department of State published its Visa Bulletin for October 2016. The Visa Bulletin is a monthly report on visa availability. USCIS has determined that for the month of October 2016, applicants for all family-sponsored and employment-based preferences may use the Dates for Filing Visa Applications chart, except for certain employment-based fourth preference (EB-4) non-minister religious workers and for employment-based fifth preference (EB-5) Regional Center Program participants, as explained below. These two groups must use the Application Final Action Dates chart.

Notes:

·        Employment-based applicants include Special Immigrant Juveniles because they adjust their status under the EB-4 visa category.

·        Statutory authorization for both the EB-5 Regional Center Program and the EB-4 non-minister special immigrant program for certain religious workers is scheduled to expire on Sept. 30, 2016. Therefore, visas are unavailable for these categories after that date, unless Congress enacts, and the President approves, a law extending their eligibility. If these programs are reauthorized, USCIS will update the Visa Bulletin and program webpages.  For more details, read section D, “Scheduled Expiration of Two Employment Visa Categories,” in the October 2016 Visa Bulletin.

About the Visa Bulletin

Congress annually sets the numbers of immigrant visas that may be issued for the family-sponsored and employment-based immigrant preference categories. If you are a prospective immigrant in any of these categories, the Visa Bulletin shows when a visa is available to you based on your priority date.

Immigrant visas for immediate relatives of U.S. citizens are not subject to numerical limits.

The Department of State updates the Visa Bulletin on or about the eighth day of each month. USCIS updates information on its Adjustment of Status Filing Charts from the Visa Bulletin page about one week later. Sometimes, a category that is current one month will not be current the next month, or a priority date will move backward to an earlier date. This is called visa retrogression. It generally occurs when the annual limit for a category or country has been reached or is expected to be reached soon.  USCIS encourages those seeking immigrant visas to check the Visa Bulletin each month to learn about changes to the Visa Bulletin and possible visa retrogression.

Potentially Ineligible Individuals Have Been Granted U.S. Citizenship Because of Incomplete Fingerprint Records

https://www.oig.dhs.gov/assets/pr/2016/oigpr-091916.pdf

https://www.oig.dhs.gov/assets/Mgmt/2016/OIG-16-130-Sep16.pdf

New EB-5 bill HR 5992, the American Job Creation and Investment Promotion Reform Act

https://judiciary.house.gov/wp-content/uploads/2016/09/GOODLA_053_xml.pdf

DOJ Allows Asylum, Withholding of Removal and CAT to be filed by Mail in in Removal Proceedings

http://origin-nyi.thehill.com/blogs/congress-blog/judicial/296313-executive-office-for-immigration-review-policy-change-does-not

L-1A Intracompany Transfer Approval in Only 2 months (No RFE or Premium Processing

JQK Immigration Law Firm Received an L-1A Intracompany Transfer Approval in Only 2 months (without an RFE or Premium Processing)

USCIS Alerts Customers Affected by Severe Storms and Flooding in Louisiana to Available Immigration Relief

From USCIS:

USCIS offers immigration relief measures that may help people affected by unforeseen circumstances, such as disasters like the recent severe storms and flooding in Louisiana.

These measures may be available upon request:

• Change of nonimmigrant status or extension of nonimmigrant stay for an individual currently in the United States, even if the request is filed after the authorized period of admission has expired;
• Re-parole of individuals previously granted parole by USCIS;
• Expedited processing of advance parole requests;
• Expedited adjudication of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
• Expedited adjudication of employment authorization applications, where appropriate;
• Consideration of fee waivers due to an inability to pay;
• Assistance for those who received a Request for Evidence or a Notice of Intent to Deny but were unable to appear for an interview, submit evidence or respond in a timely manner;
• Replacement of lost or damaged immigration or travel documents issued by USCIS, such as a Permanent Resident Card (Green Card);
• Rescheduling of a biometrics appointment.

Note: When making a request, please explain how the severe storms or flooding created a need for the requested relief.

To learn how to request these measures, call the National Customer Service Center at 800-375-5283 (TDD for the deaf and hard of hearing: 800-767-1833). For more information, visit uscis.gov/humanitarian/special-situations.

Follow us on Facebook (/uscis), Twitter (@uscis), YouTube (/uscis) and the USCIS blog The Beacon.

Visa Bulletin for October 2016

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2017/visa-bulletin-for-october-2016.html

New USCIS Policy Memo: VAWA amendments to the Cuban Adjustment Act: Continued Eligibility for Abused Spouses and Children

VAWA amendments to the Cuban Adjustment Act: Continued Eligibility for Abused Spouses and Children

Fiscal Year 2017 Cap Set for CNMI-Only Transitional Workers

From USCIS:

WASHINGTON— In response to statutory requirements, the Department of Homeland Security (DHS) will allow up to 12,998 nonimmigrants in fiscal year (FY) 2017 for the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program. DHS published the notice in today’s Federal Register.
Under the CW-1 program, employers in the CNMI can apply for temporary permission to employ foreign nationals who are ineligible for any existing employment-based nonimmigrant category under the Immigration and Nationality Act. The CW program is in effect until Dec. 31, 2019. DHS reduced the FY 2017 CW-1 cap by one to meet the CNMI’s existing labor market needs and provide opportunity for potential growth, while meeting a statutory requirement to reduce the cap each year. Because the cap was reached for FY 2016 on May 5, DHS has decided to preserve the status quo, or current conditions, rather than aggressively reduce CW-1 numbers for FY 2017. We encourage CW-1 employers to file a petition for a CW-1 nonimmigrant worker as early as possible within 6 months of the proposed start date of employment. USCIS will reject a petition if it is filed more than 6 months in advance.
DHS reminds CNMI employers that the CW-1 program requires that the foreign worker be ineligible for any other employment-based nonimmigrant visa classification under U.S. immigration law, such as the H-2B classification for temporary or seasonal workers and the H-1B classification for workers in a specialty occupation. DHS urges CNMI employers to reevaluate whether their employees are eligible for any other existing employment-based nonimmigrant category, and if so, to use other U.S. nonimmigrant classifications when appropriate. For workers employed in the CNMI, there is no cap on H-2B or H-1B visas during the transition period ending Dec. 31, 2019. More information on these programs is available on the H-2B page and the H-1B page.
Today’s announcement does not affect the status of current CW-1 workers unless their employer files for an extension of their current authorized period of stay. Approved petitions with an employment start date between Oct. 1, 2016, and Sept. 30, 2017 will generally count towards the 12,998 cap. The cap applies only to CW-1 principals. It does not directly affect anyone currently holding CW-2 status, which is for spouses and minor children of CW-1 nonimmigrants. However, CW-2 nonimmigrants may be indirectly affected because their status depends upon that of the principal CW-1. For more information, please visit the CNMI-Only Transitional Worker (CW-1) Cap page or the U.S. Immigration Law in the Commonwealth of the Northern Mariana Islands (CNMI) page.
For more information on USCIS and its programs, please visit uscis.gov or follow us on Facebook (/uscis), Twitter (@uscis), YouTube (/uscis), and the USCIS blog The Beacon.