Afghan parolees applying to adjust status as an Afghan Special Immigrant do not have to pay the filing or biometric services fees for Form I-485, Application to Register Permanent Residence or Adjust Status
Today, we announced a final rule to align the Special Immigrant Juvenile (SIJ) classification with existing federal statutes and clarify SIJ eligibility criteria and evidentiary requirements to improve the efficiency and effectiveness of the program.
In addition to issuing the SIJ final rule, we are updating guidance in the USCIS Policy Manual regarding deferred action and related employment authorization for SIJs with an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, who are ineligible to apply to adjust status to become a lawful permanent resident (LPR) solely because an immigrant visa number is not immediately available.
U.S. Citizenship and Immigration Services reminds the public that we offer immigration services that may help people affected by extreme situations including the invasion of Ukraine.
On , Secretary of Homeland Security Alejandro N. Mayorkas announced a new designation of Ukraine for TPS for 18 months. For additional information, please see the news release.
On , the U.S. District Court for the District of Columbia in the case, Asylumworks, et. al. v. Ale, final rule, Removal of 30-day Processing Provision for Asylum Applicant-Related Form I-765 Employment Authorization Applications Rule and the , final rule, Asylum Application, Interview, and Employment Authorization for Applicants Rule UkraineDate reviews. Effective immediately, USCIS has ceased applying these rules to asylum applicants. Instead, USCIS is applying the provisions of 8 C.F.R. §§ 208 and 274a that were in place before the rules listed above took effect in . This applies to the adjudication of Forms I-765 and I-589 that were pending with USCIS as of , as well as to Forms I-765 and I-589 received on or after that date.
As a result of the Asylumworks order, effective immediately, applicants for employment authorization in the (c)(08) category SHOULD NOT submit the $85 biometric services fee with their Form I-765. The biometric services fee is no longer required and submitting the $85 biometric services fee may cause your application to be rejected for overpayment. USCIS will continue to provide updates regarding how the Asylumworks order impacts applicants and USCIS processes.
On , Secretary of Homeland Security Alejandro N. Mayorkas announced the extension and redesignation of South Sudan for TPS for 18 months from . For additional information, please see the TPS South Sudan page and the Federal Register notice.
The 2019 Public Charge Final Rule is no longer in effect, and DHS will partner with federal agencies to ensure impacted individuals are aware.
We are no longer applying the , the U.S. District Court for the Northern District of Illinois’ , decision which vacated the Inadmissibility on Public Charge Grounds final rule nationwide. USCIS immediately stopped applying the Public Charge Final Rule to all pending applications and petitions.
Afghan nationals paroled into the United States on or after , due to the humanitarian crisis in Afghanistan and seeking employment authorization may file an initial Form I-765, Application for Employment Authorization, without a fee. All Afghan parolees must have a Form I-765 approved by U.S. Citizenship and Immigration Services before they can legally work in the United States.
Nov. 8: Afghan Nationals Applying for Adjustment of Status Based on Employment by or on Behalf of the U.S. Government or by the International Security Assistance Force (ISAF) in Afghanistan
If you are an Afghan parolee with an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, as an Afghan employed by or on behalf of the U.S. government or ISAF in Afghanistan, and you did not complete Form I-485, Application to Register Permanent Residence or Adjust Status, at a safe haven, we encourage you to file Form I-485 at your earliest convenience to apply to become a lawful permanent resident and receive a Green Card. You must provide a U.S. address to file Form I-485. You do not have to pay the filing or biometric services fees for Form I-485 if you were paroled into the United States due to the humanitarian crisis and are applying for adjustment as an Afghan Special Immigrant. For more information visit the Green Card for an Afghan Who Was Employed by or on Behalf of the U.S. Government or Green Card for an Afghan or Iraqi Translator or Interpreter webpages.
S. Court of Appeals for the Seventh Circuit lifted its stay of the U
On , the U.S. District Court for the Southern District of Texas held that the DACA policy “is illegal.” The Court granted summary judgment on plaintiffs’ Administrative Procedure Act (APA) claims; vacated the DACA memorandum issued by former Secretary of Homeland Security Napolitano; remanded the memorandum to DHS for further consideration; and issued a permanent injunction prohibiting the government’s continued administration of DACA and the reimplementation of DACA without compliance with the APA. The Court, however, temporarily stayed its order vacating the DACA memorandum and its injunction with regard to individuals who obtained DACA on or before , including those with renewal requests.
Consistent with this order, DHS will continue to accept the filing of both initial and renewal DACA requests, as well as accompanying requests for employment authorization. However, pursuant to the order from the Southern District of Texas, DHS is prohibited from granting initial DACA requests and accompanying requests for employment authorization. Also consistent with that order, DHS will continue to grant or deny renewal DACA requests, according to existing policy. If you have questions about this decision or want to learn more, visit our Additional Information re: DACA Texas II decision page.
