Delays in Production of Work Authorization and LPR Cards
AILA Doc No. 15082732 | Dated August 27, 2015
Multiple AILA members have reported delays between approval of a client's I-765 or I-485 and the client's receipt of the employment authorization card or lawful permanent resident card. USCIS has confirmed that the card production facility in Corbin, KY is undergoing maintenance, and all card production work was transferred to the facility in Lee's Summit, MO.
As a result, there is a backlog of cases in Lee's Summit, and clients may not receive their cards until two-three weeks after approval of the underlying application. USCIS anticipates that the backlog will be resolved sometime in September 2015.
Temporary Protected Status Extended for Haiti | USCIS
Current TPS Haiti beneficiaries seeking to extend their TPS status must re-register during a 60-day period that runs from Aug. 25, 2015, through Oct. 26, 2015. U.S. Citizenship and Immigration Services (USCIS) encourages beneficiaries to re-register as soon as possible once the 60-day re-registration period begins. USCIS will not accept applications before Aug. 25, 2015.
The 18-month extension also allows TPS re-registrants to apply for a new Employment Authorization Document (EAD). Eligible TPS Haiti beneficiaries who re-register during the 60-day period and request a new EAD will receive one with an expiration date of July 22, 2017. USCIS recognizes that some re-registrants may not receive their new EADs until after their current EADs expire. Therefore, USCIS is automatically extending current TPS Haiti EADs bearing a Jan. 22, 2016, expiration date for an additional six months. These existing EADs are now valid through July 22, 2016.
The Department of Homeland Security (DHS) is extending the initial registration deadline for Temporary Protected Status (TPS) from May 20, 2015, to Aug. 18, 2015, for eligible nationals of Liberia, Guinea, and Sierra Leone (and people without nationality who last habitually resided in one of those three countries). Further details about the extension of the initial registration period appear in a Federal Register notice published today.
We strongly encourage eligible TPS applicants from these three countries to apply as soon as possible because applications will only be accepted through August 18, 2015.
We began accepting TPS applications on Nov. 21, 2014, from applicants of these three countries when DHS announced the 18-month TPS designations for Liberia, Guinea, and Sierra Leone, from Nov. 21, 2014, through May 21, 2016. If you submitted an application for one of these three countries and we previously returned the application based on the May 20, 2015 deadline, you may now resubmit your complete application by Aug. 18, 2015.
To be eligible for TPS, you must demonstrate that you meet all eligibility criteria, including that you have been “continuously residing” in the United States since Nov. 20, 2014, and “continuously physically present” in the United States since Nov. 21, 2014. You must also undergo thorough security checks. Individuals with certain criminal records or who pose a threat to national security are not eligible for TPS.
Additionally, you may apply for TPS even if you are a Liberian national currently covered under the two-year extension of Deferred Enforced Departure (DED) based on President Obama’s Sept. 26, 2014 memorandum. If you are a DED-covered Liberian national and you have an EAD or have applied for an EAD, you do not need to apply for another EAD related to this TPS designation. However, if you are granted TPS, you may request a TPS-related EAD at a later date as long as the TPS designation for Liberia remains in effect.The Department of Homeland Security (DHS) is extending the initial registration deadline for Temporary Protected Status (TPS) from May 20, 2015, to Aug. 18, 2015, for eligible nationals of Liberia, Guinea, and Sierra Leone (and people without nationality who last habitually resided in one of those three countries). Further details about the extension of the initial registration period appear in a Federal Register notice published today.
Through this Notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) has designated Nepal for Temporary Protected Status (TPS) for a period of 18 months, effective June 24, 2015 through December 24, 2016. Under section 244(b)(1)(B) of the Immigration and Nationality Act (INA), 8 U.S.C. 1254a(b)(1)(B), the Secretary is authorized to designate a foreign state (or any part thereof) for TPS upon finding that the foreign state has experienced an earthquake resulting in a substantial, but temporary, disruption of living conditions.This designation allows eligible Nepalese nationals (and aliens having no nationality who last habitually resided in Nepal) who have continuously resided in the United States since June 24, 2015, and have been continuously physically present in the United States since June 24, 2015 to be granted TPS.
A new Pew Research Center Poll was recently released which shows that a majority of Americans (and even a majority of Republicans) favor a path to legal status for undocumented immigrants who meet certain conditions.
To see the full article on the poll results see this link:
Here is brief extract and a link to an article from Juan Escalante about how different immigration reform programs look when you are a politician and when you have to live with it. (extra points for the Game of Thrones reference!)
Thanks to President Obama's recent executive action on immigration, today millions of immigrants would have been able to apply for relief. Sadly the Republican Party has blocked comprehensive immigration reform and the expansion of Deferred Action for Childhood Arrivals (DACA) is now caught up in the courts, along with a program known as Deferred Action for Parental Accountability (DAPA) — which could shield parents of U.S. citizens from deportation.
Republicans remain eager to deploy every maneuver they can to deny undocumented immigrants like myself peace of mind. Whether it is denying us driver's licenses, in-state tuition, or other opportunities that would facilitate the contributions of undocumented immigrants to this great country, the Republican Party continues to put speed bumps on our path.
I have US citizen clients who live in fear that their husband or wife will be taken up and shipped out of the country leaving them to care for children and maintain a household alone. To say nothing of being able to help their spouse who might be sent back to a country they haven't seen in decades with little more than the shirt on their back.
While we are waiting for expanded DACA and DAPA to be released from the Injunction ordered by a Federal Judge in Texas -- it is important to note that persons already granted deferred action under the initial DACA program need to start the renewal process well in advance of their employment authorization expiration date. See below
From: U.S. Citizenship and Immigration Services [mailto:email@example.com]
Sent: Tuesday, April 07, 2015 6:39 PM
Subject: USCIS Message: Deferred Action for Childhood Arrivals (DACA) Renewal
Please help us spread this message in immigrant communities:
U.S. Citizenship and Immigration Services (USCIS) reminds recipients of Deferred Action for Childhood
Arrivals (DACA) that their current period of DACA and employment authorization could expire if they wait
too long to request renewal.
We strongly encourage you to submit your renewal request 150 to 120 days before your current period of
DACA and employment authorization will expire. Timely filing will help ensure USCIS has sufficient time
to consider your request.
On March 27, 2015, USCIS began mailing renewal reminder notices to DACA recipients 180 days prior to
the expiration date of their current period of DACA. Previously, these reminder notices were mailed 100
days in advance.
USCIS continues to accept initial and renewal requests for two-year grants of DACA under the guidelines
established in 2012. A federal district court order issued on February 16, 2015, enjoining USCIS from
implementing the expanded DACA guidelines did not impact USCIS’ ability to continue processing DACA
requests under the 2012 guidelines.
You may request renewal of DACA if you met the initial DACA guidelines and you:
• Did not depart the United States on or after August 15, 2012, without advance parole;
• Have continuously resided in the United States since you submitted your most recent,
approved DACA request, up to the present time; and
• Have not been convicted of a felony, a significant misdemeanor, or three or more
misdemeanors, and do not otherwise pose a threat to national security or public safety.
Visit uscis.gov/daca or uscis.gov/acciondiferida to get updates and all the information you need to make an
initial or renewal request for DACA.
As always, we encourage you to beware of immigration scams. Visit uscis.gov/avoidscams or
uscis.gov/eviteestafas to learn how to protect yourself and how to find authorized legal services.
Public Engagement Division
U.S. Citizenship and Immigration Services
AILA Doc. No. 15040860. (Posted 4/8/15)