State Department Regulation Update
Effective November 2, 2015, the Department of State is updating its regulations regarding nonimmigrant visa format, and records retention procedures. These updates reflect changes in technology, including the current practice of issuing machine-readable visas and the planned future practice of issuing visas electronically. The Department is also removing an obsolete records retention provision and a visa review provision, both of which are now addressed in the Foreign Affairs Manual.
USCIS Updates Form I-485
USCIS recently published an update to the following forms and supplements:
- Form I-485, Application to Register Permanent Residence or Adjust Status
- Form I-485 Supplement A, Adjustment of Status Under Section 245(i)
- Instructions for Form I-485 Supplement C, HRIFA
- Instructions for Form I-485 Supplement E, T and U Nonimmigrants
For more information, including which older editions are still accepted, see Forms Updates page
USCIS is closing the Vienna Field Office
On December 31, 2015, USCIS will permanently close its field office in Vienna. The office will remain open to the public until November 30, 2015 and it will continue to accept applications until that time.
Beginning on December 1, 2015, people who live in Austria, Albania, Bosnia-Herzegovina, Bulgaria, Croatia, Czech Republic, Hungary, Kosovo, Macedonia, Montenegro, Poland, Romania, Serbia, Slovakia, or Slovenia must follow new filing instructions. Follow the link below for details.
Effective immediately, if you live in USCIS Vienna’s jurisdiction and you need to request a boarding foil because your Permanent Resident Card has been lost or stolen, follow the link below and follow the instructions provided.
http://www.uscis.gov/news/austria-uscis-vienna-field-office
El Salvador Temporary Protected Status (TPS) Beneficiaries with Pending Work Authorization Requests to Receive Interim Employment Authorization Documents (EADs)
Approximately 6,000 El Salvador TPS renewal applications were pending adjudication as of late September. These individuals had not yet received new EADs to replace ones that expired on September 9, 2015.
USCIS is issuing interim EADs, valid for 180 days, to those affected individuals. USCIS expects to adjudicate these cases and issue final EADs by the end of December 2015. The final EADs will have an expiration date of September 9, 2016.
This action only applies to current El Salvador TPS beneficiaries who have re-registered for TPS and requested an EAD and their request has been pending for 90 days or more.
Massachusetts Pushing for Statewide “Sanctuary City” Policy
“Sanctuary cities” is a controversial policy where local police officers are instructed not to cooperate with federal immigration enforcement agents. Critics believe that under this policy, local police become a shield for undocumented migrants facing deportation. Massachusetts, a vocal advocate for sanctuary cities, is pushing to make this a statewide policy. Presently, there are at least twenty-four state law makers who support this proposal as well as numerous immigrant rights groups.
However, the proposal faces opposition. Part of this opposition comes from a belief by opponents that sanctuary cities contribute to crime and jeopardize national security.
Supporters of the proposal reason that rather than contributing to crime, sanctuaries actually improve relationships between police and immigrant communities. Where normally immigrants underreport crimes because of fear of deportation, sanctuaries eliminate that problem and instead build a sense of trust and camaraderie. They also have noted that historically, more than half of the immigrants deported from Massachusetts have no criminal background. Moreover, they continue to assert that a statewide shield (dubbed the Trust Act) will not interfere with police efforts to fight crime.
Republican governor Charlie Baker has already said that he would veto sanctuary legislation if it reaches his desk.
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.