UPDATE
NY Immigration Courts Closed Tomorrow, February 13, 2024
Check the EOIR Operational Status Webpage EOIR Operational Status Update An email sent out by EOIR states that the Broadway, Varick Street, and Federal Plaza Immigration Courts in New York City will be closed tomorrow, February 13, 2024. The Boston, Elizabeth, Hartford, New York – Broadway, New York – Federal Plaza, New York – Varick, and Newark immigration courts will be closed tomorrow, Feb. 13. Please see EOIR’s Operational Status webpage for details on internet-based hearings that will proceed, the alternate filing location, and agency operations nationwide. Internet-Based Hearings Are Not Cancelled Depending on Immigration Judge Check the EOIR Operational Status Webpage to see if your online hearing is going forward because they are specific to the Immigration Judge. 26 Federal Plaza: Internet-based hearings will proceed for IJs Cohen, Douchy, Golovnin, Gordon-Uruapka, Johnson-Papillo, Loprest, McFarland, Segal, Sponzo, Thompson, Tsankov, Segal, and Zagzoug. Alternate filings at Batavia. Varick Street: Internet-based hearings will proceed for IJs Kolbe and Mulligan. Alternate filings at Batavia. 290 Broadway: Internet-based hearings will proceed for IJ McKee. Alternate filings at Batavia. EOIR Operational Status
USCIS Policy Alert: Family-Based Conditional Permanent Residents
USCIS Policy Alert, PA-2023-33, dated December 12, 2023https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20231212-Family-BasedCPRs.pdf U.S. Citizenship and Immigration Services (USCIS) issued policy guidance in the USCIS Policy Manual regarding family-based conditional permanent residents. The update clarifies what noncitizens must do to change the basis of filing in cases of waivers based on battery or extreme cruelty. It also clarifies that if a noncitizen’s conditional permanent resident status is terminated for failing to timely file Form I-751, they may be eligible to adjust permanent resident status on a new basis. This is true even if USCIS issues a notice of termination of conditional permanent resident status before the noncitizen files Form I-485, Application to Register Permanent Residence or Adjust Status. Under the Immigration Marriage Fraud Amendments of 1986, a noncitizen obtains permanent resident status on a conditional basis for two years if: To remove the conditions on their permanent resident status, conditional permanent residents generally must file Form I-751 within the 90-day period before the two-year anniversary of when they obtained conditional permanent resident status. The new guidance, Volume 6 of the Policy Manual, is effective immediately and applies prospectively to applications filed on or after December 12, 2023. On that date, this policy update will supersede the guidance found in Chapter 25.1 of the Adjudicator’s Field Manual (AFM), related AFM appendices, and related policy memoranda. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance on the topic. Policy Highlights Summary of Changes Affected Section: Volume 6 > Part I, Family-Based Conditional Permanent Residents • Adds content to previously reserved chapters 1, 2, 4, 5, 6, and 7, and adds content to previously reserved sections A, B, C, D, E, F, H, and I in chapter 3. USCIS may also make other minor technical, stylistic, and conforming changes consistent with this update. Citation: Volume 6: Immigrants, Part I, Family-Based Conditional Permanent Residents [6 USCIS-PM I] (Chapters 1-7).
New USCIS Form Editions (Form I-601A, G-325A, & I-907)
On November 13, 2023, USCIS released a new edition of the Form I-601A, Application for Provisional Unlawful Presence Waiver. The new edition is the 08/31/21. You can find the edition date of a form on the bottom of the page. See uscis.gov/forms/forms-update for information about updates to USCIS forms. On October 31, 2023, USCIS announced a new edition of the Form G-325A, Biographical Information (for Deferred Action). The new edition date for the G-325A is the 10/25/23 edition, which will be the only edition accepted starting today, November 14, 2023. New 08/31/2021 Edition Form I-601A Updated Form I-601A, Application for Provisional Unlawful Presence Waiver Form G-325A Update to Form G-325A, Biographic Information (for Deferred Action). New Edition Dated 10/25/23.
Employment Authorization Documents (EAD) Validity Extended to 5 Years
USCIS has updated guidance in the Policy Manual to increase the maximum validity period to 5 years for initial and renewal Employment Authorization Documents (EADs) for certain noncitizens who are employment authorized incident to status or circumstance, including those admitted as refugees, paroled as refugees, and granted asylum, as well as recipients of withholding of removal. EAD’s are now going to have a maximum validity period to 5 years for initial and renewal EADs for certain noncitizens who must apply for employment authorization, including applicants for asylum or withholding of removal, adjustment of status under INA 245, and suspension of deportation or cancellation of removal. See the Policy Alert from USCIS. The updated guidance also explains the categories of noncitizens who are automatically authorized to work (also known as being employment authorized incident to status or circumstance) and provides more information on who can present a Form I-94, Arrival/Departure Record, to an employer as an acceptable document showing employment authorization under List C of Form I-9, Employment Eligibility Verification. The Form I-94 must be accompanied by identity documentation for purposes of employment authorization. Finally, this guidance clarifies that certain Afghan and Ukrainian parolees are employment authorized incident to parole. Increasing the maximum EAD validity period to 5 years is intended to significantly reduce the number of new Forms I-765, Application for Employment Authorization, we receive for renewal EADs over the next several years, contributing to efforts to reduce associated processing times and backlogs. Note: Whether the noncitizen maintains employment authorization remains dependent on their underlying status, circumstances, and EAD filing category. For example, if an individual received an EAD under the (c)(9) category based on a pending adjustment of status application for the maximum validity period of 5 years, and the adjustment application is then denied, their ancillary employment authorization may be terminated before the expiration date listed on their EAD. This update also includes other clarifications related to employment authorization, includingclarifying that the Form I-94 can be used as both evidence of status and employment authorization forcertain noncitizens who are employment authorized incident to status or circumstance. The updatealso explains that certain Afghan parolees and certain Ukrainian parolees are employment authorizedincident to parole. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance. PA-2023-27 New Policy Highlights CitationS Volume 3: Humanitarian Protection and Parole, Part F, Parolees, Chapter 1, Purpose and Background [3 USCIS-PM F.1]. Volume 10: Employment Authorization, Part A, Employment Authorization Policies and Procedures, Chapter 2, Eligibility Requirements [10 USCIS-PM A.2] and Chapter 4, Adjudications [10 USCIS-PM A.4].
Asylum Interview Interpreter Requirements Updated
USCIS announced to policies that will be taking effect on September 13, 2023. Anyone attending an asylum interview after September 13, 2023, will be required to bring an interpreter to their interview if they are not able to do the interview in English. See the new affirmative asylum interpreter requirements below. AFFIRMATIVE ASYLUM INTERPRETER REQUIREMENTS Starting September 13, 2023, affirmative asylum applicants must bring an interpreter to their asylum interview if they are not fluent in English or wish to do their interview in a language other than English. If an affirmative asylum applicant needs an interpreter and does not bring one, or if their interpreter is not fluent in English and a language the applicant speaks, and the applicant does not establish good cause, USCIS may consider this a failure to appear for the interview and may dismiss the asylum application or refer the asylum application to an immigration judge. USCIS will determine good cause on a case-by-case basis. INTERPRETER REQUIREMENTS: BACKGROUND On Sept. 23, 2020, USCIS published a temporary final rule (TFR) requiring affirmative asylum applicants to use our contracted telephonic interpreters for their asylum interviews, instead of bringing an interpreter to the interview. We published this TFR to reduce the spread of COVID-19 during asylum interviews with USCIS asylum officers while the COVID-19 national emergency and public health emergency were in effect. We published four subsequent TFRs extending the requirement, with the current extension effective through Sept. 12, 2023. This fourth extension provided additional time after the national and public health emergencies expired to allow USCIS to prepare to return to the prior regulatory requirement. With the expiration of the TFR, we will be reverting back to the long-standing regulatory requirement for an affirmative asylum applicant to provide an interpreter under 8 CFR 208.9(g). MORE INFORMATION Please see USCIS’ Preparing for Your Affirmative Asylum Interview webpage for more information.