EMPLOYMENT AUTHORIZATION – ANOTHER BANDAID
Non-citizens who have Employment Authorization cards (EAD), and wish to extend them, have to file an application on Form I-765. Upon filing, the applicant receives a Filing Fee Receipt (Form I-797).
The Receipt serves also as an automatic extension which used to be 180 days.
Recently, USCIS realized they are not processing the renewal applications within the 180 days. Therefore, they started to give the automatic extension for 540 days, which is approximately 1 1/2 years.
Let’s hope that in 1 1/2 years they succeed in processing an application for renewal of an employment card.
NO MORE COMBO CARDS
When applying for Adjustment of Status (Form I-485), non-citizens apply also for Employment Authorization (Form I-765) and Advance Parole (a permit to travel – Form I-131). USCIS used to issue a Combo Card, an employment card which also served as a Travel Permit.
Recently, USCIS stopped this useful arrangement, and now issues the two permits separately: first, the Employment Card, which cannot be used for travel, and then a separate Travel Permit.
PROSECUTORIAL DISCRETION – STILL ALIVE
Some time ago, the Biden Administration published “guidelines” for US ICE, about what CATEGORIES of non-citizens should be given priority in REMOVAL actions, and what categories to “leave alone”.
However, some Federal Judges agreed that such “guidelines” are a violation of immigration law – and the guidelines were cancelled.
In reaction, US ICE made it known that ICE officers still have the authority to exercise Prosecutorial Discretion in individual cases. Meaning: an officer can still decide to leave you alone, if you make an INDIVIDUAL request in your own case and provide reasons why you should be left alone.
Separately, US ICE announced that one factor they would consider in favor of the applicant is if anyone in their family is serving, or has served, in the Armed Forces of the U.S. This may convince US ICE to leave you alone.
Sending your American citizen son or daughter to serve in any branch of the U.S. Armed Forces could be a good career move for any non-citizen.