U.S. Citizenship and Immigration Services (USCIS) is reminding eligible Deferred Action for Childhood Arrivals (DACA) recipients that they have one week to properly file their DACA renewal requests and associated applications for employment authorization. As previously announced, for recipients whose DACA and work authorization expire between Sept. 5, 2017, and March 5, 2018, inclusive, USCIS will continue to accept renewal requests through Oct. 5, 2017. These requests must be properly filed and physically received by the agency at the proper filing location no later than Oct. 5. The mailing address and instructions can be found here: https://www.uscis.gov/i-821d-addresses. Renewal requests that are granted will be valid for two years, unless otherwise terminated or revoked.

Individuals with DACA and associated work authorization that expire after March 5, 2018, are no longer eligible to submit a renewal request. However, their current DACA and work authorization will remain valid until they expire, unless otherwise terminated or revoked.

Individuals with DACA and associated work authorizations that expired on or before Sept. 4, 2017, who had not properly filed a renewal request that was received on or before Sept. 5, 2017, are also no longer eligible to request renewal.

Based on legal guidance issued by the Attorney General, Acting Secretary of Homeland Security Elaine Duke issued a memorandum on Sept. 5, 2017, initiating an orderly wind-down of DACA. Additional information on this topic can be found on the USCIS website.

Acting Secretary of Homeland Security Elaine Duke has extended Temporary Protected Status (TPS) for eligible nationals of South Sudan (and eligible individuals without nationality who last habitually resided in South Sudan) through May 2, 2019. After consulting with the appropriate U.S. government agencies, and reviewing country conditions, acting Secretary Duke determined that an 18-month extension of South Sudan for TPS is necessary because the ongoing armed conflict and extraordinary and temporary conditions that prompted the 2016 TPS redesignation have persisted.

Current beneficiaries of South Sudan’s TPS designation seeking to extend their TPS status must re-register. The deadline will be published in the Federal Register and on www.uscis.gov/tps  later this week. Those who re-register and request a new employment authorization document (EAD) may receive an automatic extension of their expiring EAD for up to 180 days from the date their current EAD expires. If a beneficiary’s EAD request is approved, they will receive a new EAD with an expiration date of May 2, 2019. TPS beneficiaries are strongly encouraged to re-register and file their EAD applications as early as possible to avoid lapses in documentation of employment authorization.

Additional information about TPS for South Sudan, including guidance on eligibility, the application process and where to file is available online at uscis.gov/tps. Further details about this extension of TPS for South Sudan, including the application requirements and procedures, will appear in a Federal Register notice to be published soon.

On September 5, 2017, President Trump directed the U.S. Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) to phase out and eventually end Deferred Action for Childhood Arrivals (DACA) over two and half years. This means that, as of September 5, 2017:

U.S. Citizenship and Immigration Services (USCIS) will begin expanding in-person interviews for certain immigration benefit applicants whose benefit, if granted, would allow them to permanently reside in the United States. This change complies with Executive Order 13780, “Protecting the Nation From Foreign Terrorist Entry Into the United States,” and is part of the agency’s comprehensive strategy to further improve the detection and prevention of fraud and further enhance the integrity of the immigration system.

Effective Oct. 1, USCIS will begin to phase-in interviews for the following:

• Adjustment of status applications based on employment (Form I-485, Application to Register Permanent Residence or Adjust Status).

• Refugee/asylee relative petitions (Form I-730, Refugee/Asylee Relative Petition) for beneficiaries who are in the United States and are petitioning to join a principal asylee/refugee applicant.

Previously, applicants in these categories did not require an in-person interview with USCIS officers in order for their application for permanent residency to be adjudicated. Beyond these categories, USCIS is planning an incremental expansion of interviews to other benefit types.

“This change reflects the Administration’s commitment to upholding and strengthening the integrity of our nation’s immigration system,” said Acting USCIS Director James W. McCament. “USCIS and our federal partners are working collaboratively to develop more robust screening and vetting procedures for individuals seeking immigration benefits to reside in the United States.”

Conducting in-person interviews will provide USCIS officers with the opportunity to verify the information provided in an individual’s application, to discover new information that may be relevant to the adjudication process, and to determine the credibility of the individual seeking permanent residence in the United States.  USCIS will meet the additional interview requirement through enhancements in training and technology as well as transitions in some aspects of case management.

Additionally, individuals can report allegations of immigration fraud or abuse by completing ICE’s HSI Tip Form.

In accordance with the judge’s ruling, DHS has suspended any and all actions implementing the affected sections of the Executive Order entitled, “Protecting the Nation from Foreign Terrorist Entry into the United States.”
This includes actions to suspend passenger system rules that flag travelers for operational action subject to the Executive Order.
DHS personnel will resume inspection of travelers in accordance with standard policy and procedure.
At the earliest possible time, the Department of Justice intends to file an emergency stay of this order and defend the President’s Executive Order, which is lawful and appropriate.  The Order is intended to protect the homeland and the American people, and the President has no higher duty and responsibility than to do so.

Individuals who may be affected by this Executive Order may visit the CBP INFO Center website for additional information.  On the webpage, travelers may also request additional guidance by clicking on the ‘Email us your Question’ button

Below are the actions taken in accordance with the Executive Order signed January 27, 2017.

USCIS continues to adjudicate applications and petitions filed for or on behalf of individuals in the United States regardless of their country of origin, and applications and petitions of lawful permanent residents outside the U.S. USCIS also continues to adjudicate applications and petitions for individuals outside the U.S. whose approval does not directly confer travel authorization. Applications to adjust status also continue to be adjudicated, according to existing policies and procedures, for applicants who are nationals of countries designated in the Jan. 27, 2017, “Executive Order: Protecting the Nation From Foreign Terrorist Entry Into the United States.”

Effective October 5, 2016, USCIS has increased the validity period for initial or renewal Employment Authorization Documents for asylum applicants from one year to two years. Applicants with pending asylum claims file Form I-765, Application for Employment Authorization, under category (c)(8). This change applies to all (c)(8)-based applications that are pending as of October 5, 2016 and all such applications filed on or after October 5, 2016.

The U.S. Department of Homeland Security published a change to the existing F-1 STEM OPT program that allows for prospective students to apply for a 24-month extension of post-completion OPT, as compared to the previously available 17-month extension.

Eligibility for STEM OPT Extension

In order to qualify for the STEM OPT extension, students must:

• have been granted OPT and currently be in a valid period of OPT
• have earned a bachelor’s master’s or doctoral degree from a school accredited by the U.S. Department of Education-recognized accrediting agency and certified by the Student and Exchange Visitor Program (SEVP).
  • Previously obtained STEM degrees: If you are a student participating in a 12-month program OPT based on a non-STEM degree, you may be able to use a prior STEM degree from an eligible accredited educational institution to apply for the STEM OPT extension. You cannot have already received a prior STEM OPT extension for this degree.
• work for an employer who meets all the requirements listed:
  • Be enrolled in E-Verify and remain in good standing
  • Report material changes to STEM OPT student’s DSO within 5 business days
  • Implement a formal training program to augment the student’s learning through practical experience
  • Provide an OPT opportunity commensurate with those of similarly situated U.S. workers

OPT Students Currently (or Pending) with a 17-month Extension

If you currently have a 17-month STEM OPT extension, you may apply to add 7 months to your STEM OPT period on or after May 10, 2016, as long as you have at least 150 days of valid employment authorization remaining on the date you properly file your new Form I-765. Please note that you must properly file your Form I-765, with fee, on or before August 8, 2016. USCIS will deny applications with less than 150 days of validity remaining and applications filed after August 8, 2016.

We granted a 17-month extension to any STEM OPT extension application approved before May 10, 2016. This included applications in which the student mistakenly requested a 24-month extension before being eligible to do so.

If your application for a 17-month STEM OPT extension was pending on May 10, 2016, USCIS will send you a request for evidence (RFE) to allow you to demonstrate that you are eligible for a 24-month STEM OPT extension.

The Filipino World War II Veterans Parole (FWVP) Program, effective June 8, 2016, allows certain eligible U.S. citizens and lawful permanent residents (LPRs) to request parole for their eligible family members.

If approved for parole, your eligible family members will be able to reunite with family members in the United States before their immigrant visas become available and apply for work authorization.

Who is eligible?

You may be eligible to request parole for your qualifying relatives if you meet the following requirements:

• You are either a U.S. citizen or LPR living in the United States;
• You have established that you are either a Filipino WWII veteran (as defined under section 405 of IMMACT90 as amended by Section 112 of Department of Justice Appropriations Act, 1998,) or are the surviving spouse of such individual;
• You, the Filipino WWII veteran or surviving spouse, filed a Form I-130, Petition for Alien Relative, for a family member and it was approved on or before the date you filed the request for parole; and
• An immigrant visa is not yet available for your relative.

Requirements:

A qualified petitioner can request parole on behalf of a family member (beneficiary) who meets the following criteria:

• The beneficiary (including any accompanying spouse or child*) on a Form I-130 filed by the WWII veteran or the veteran’s surviving spouse, and the form was approved on or before the date the petitioner requested parole; and
• The beneficiary has a qualifying, legal relationship with the WWII veteran that existed on or before May 9, 2016.

*The principal principal beneficiary’s spouse and unmarried children under age 21 (known as derivative beneficiaries) may also be eligible for benefits under the FWVP Program. Derivative beneficiaries will only be considered for parole if the principal beneficiary is approved for parole. Derivative beneficiaries are not eligible for the FWVP Program on their own.

If you are the surviving spouse of a Filipino World War II veteran, eligible beneficiaries only include your son or daughter who is also the son or daughter of the Filipino WWII veteran. This includes step-children, legitimated children, children born out of wedlock and adopted children. You may request parole under the FWVP Program on behalf of these individuals, even if the approved Form I-130 on which they are beneficiaries was filed by the deceased veteran, as long as that Form I-130 was reinstated or, if pending at the time of the petitioner’s death, was subsequently approved by USCIS.