Automatic Extension of TPS for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal
U.S. Citizenship & Immigration Services (USCIS) announced the automatic extension of the validity of TPS-related Employment Authorization Documents (EADs); Notices of Action (Forms I-797); and Arrival/Departure Records (Forms I-94), for those beneficiaries under the TPS designations. This includes beneficiaries with TPS designations for:
- El Salvador,
- Nicaragua,
- Honduras,
- Nepal,
- Haiti, and
- Sudan.
While the current expiration date was set for December 31, 2022, validity will be extended through June 30, 2024, provided that TPS designation is not withdrawn for individual ineligibility.
DACA Update
On October 5, 2022, the U.S. Court of Appeals for the Fifth Circuit issued a decision on the 2012 Deferred Action for Child Arrivals (DACA) policy. The Fifth Circuit partially agreed with the district court’s July 2021 decision declaring the 2012 DACA policy unlawful. However, the Fifth Circuit preserved the partial stay issued by the district court in July 2021 and sent the case back to the district court for further proceedings regarding the new DACA regulation published August 2022 and scheduled to go into effect on October 31, 2022.
What does this mean for those who have already been granted DACA?
Currently, the Fifth Circuit’s decision does not affect those who currently have DACA. The decision also does not affect DACA-related Employment Authorization Documents. USCIS is still accepting and processing renewal DACA requests, accompanying requests for employment authorization, and applications for advance parole for current DACA recipients.
What does this mean for those who want to request DACA for the first time?
USCIS will continue accepting but not processing first-time DACA requests.
New Migration Enforcement Process for Venezuelans
The Department of Homeland Security announced a new migration enforcement process for Venezuelans on October 12, 2022. This process is a joint effort with Mexico to reduce the number of people arriving at the Southwest U.S. border and increase order and safety for people fleeing the humanitarian and economic crisis in Venezuela.
Effective Immediately: Venezuelans who enter the U.S. between ports of entry, without authorization, will be returned to Mexico.
The effort to reduce irregular migration of Venezuelans includes a new process to bring up to 24,000 qualifying Venezuelans into the U.S. lawfully and safely. This process will only exist if Mexico accepts the return of Venezuelans attempting to irregularly enter the U.S.
To be eligible, Venezuelans must:
- have a supporter in the U.S. who will provide financial and other support;
- pass rigorous biometric and biographic national security and public safety screening and vetting; and
- complete vaccinations and other public health requirements.
Venezuelans are ineligible if they:
- have been ordered removed from the United States in the previous five years;
- have crossed without authorization between ports of entry after the date of announcement (Oct. 12, 2022);
- have irregularly entered Mexico or Panama after the date of announcement, or are a permanent resident or dual national of any country other than Venezuela, or currently hold refugee status in any country; or
- have not completed vaccinations and other public health requirements.
Venezuelans should not travel to Mexico to pursue entry into the United States. Venezuelans approved via this process will be authorized on a case-by-case basis to travel to the United States by air directly to an interior port of entry. Once in the United States, they will be eligible to apply for work authorization.
New USCIS Public Charge Inadmissibility Rule: Effective December 23, 2022
USCIS announced a final rule on the public charge ground of inadmissibility. When individuals apply to be admitted into the U.S. or become a lawful permanent resident, USCIS can deny the application if it determines that the individual is “likely to become a public charge.” The new rule goes into effect December 23, 2022, and will apply to applications postmarked on or after that date.
What does “likely to become a public charge” mean?
It means an individual who would primarily depend on the government for support.
Under the final rule, USCIS will determine if individuals are likely to become a public charge based on the following:
- Your age, health, family status, financial status, education, and skills;
- Whether a sponsor has submitted Form I-864, Affidavit of Support Under Section 213A of the INA, for you (when required); and
- Whether you have received or are receiving:
- Supplemental Security Income (SSI);
- Cash assistance for income maintenance under Temporary Assistance for Needy Families (TANF);
- State, tribal, territorial, or local cash benefit programs for income maintenance (often called “General Assistance”); or
- Long-term institutionalization at government expense.
Under U.S. immigration law, public charge inadmissibility does not affect or apply to some applicants. The new rule will not affect you if you are:
- Already a lawful permanent resident (in most cases);
- A refugee;
- An asylee;
- Applying for or re-registering for Temporary Protected Status;
- A special immigration juvenile; or
- Applying for or have T, U, or Violence Against Women Act (VAWA) status.
National Visa Center (NVC) Immigrant Visa Backlog Report: November 2022
Since March 2020, the COVID-19 pandemic has dramatically affected the Department of State’s visa processing times. The pandemic continues to severely impact the number of visas U.S. embassies and consulates abroad can process.
- Immigrant visa applicants whose cases are documentarily complete at NVC and ready for interview as of October 31
- 423,367
- Documentarily complete immigrant visa applicants scheduled for November 2022 interview appointments
- 38,607
- Eligible immigrant visa applicants pending the scheduling of an interview after November 2022 appointment scheduling was completed
- 384,760
