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USCIS Offers Relief Measures for Immigrants Affected by South Carolina Floods

USCIS is offering immigration relief measures to immigrants affected by severe flooding in South Carolina. Immigrants affected by the flooding, which has closed over 300 roads and bridges, may apply for the following relief measures:

• Change or extension of nonimmigrant status for an individual currently in the United States, even if the request is filed after the authorized period of admission has expired.
• Re-parole of individuals previously granted parole by USCIS.
• Expedited processing of advance parole requests.
• Expedited adjudication of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship.
• Expedited adjudication of employment authorization applications, where appropriate.
• Consideration of fee waivers due to an inability to pay.
• Assistance for those who received a Request for Evidence or a Notice of Intent to Deny but were unable to appear for an interview, submit evidence or respond in a timely manner.
• Replacing lost or damaged immigration or travel documents issued by USCIS, such as a Permanent Resident Card (Green Card).
• Rescheduling of scheduled biometrics appointment.

When applying for these relief measures, applicants must explain how the flooding created a need for the requested relief.

For more information about USCIS emergency relief policies, including instructions for applying for immigration relief, visit the USCIS website: http://www.uscis.gov/humanitarian/special-situations.

 

USCIS Releases Draft Policy Guidance for Review

USCIS has released a draft policy guidance regarding extreme hardship. The purpose of the proposed policy guidance is to clarify how USCIS would make extreme hardship determinations once the guidance is finalized.

According to USCIS, the draft guidance serves the following purposes:

• Describes which waivers require a showing of extreme hardship.
• Explains that an applicant has established extreme hardship to a qualifying relative if he or she is able to show that it is reasonably foreseeable that the qualifying relative would either relocate or remain in the United States, and that it is more likely than not that the relocation or separation would result in extreme hardship.
• Explains that the hardship must be of great suffering or loss, and that such hardship has to be greater than that usually encountered as a result of denial of admission or removal.
• Clarifies that extreme hardship is dependent on the individual circumstances of each particular case.
• Lists factors that may be considered when making an extreme hardship determination.
• Explains special circumstances that would often weigh heavily in favor of a finding of extreme hardship to a qualifying relative.
• Clarifies that factors, individually or in the aggregate, can be sufficient to meet the extreme hardship standard.
• Clarifies that hardship to two or more qualifying relatives may be considered “extreme” in the aggregate, if there is no single qualifying relative whose hardship alone is severe enough to be found “extreme.”

Policy guidance on the issue of extreme hardship is important because the term “extreme hardship” has not been explicitly defined. What qualifies as “extreme” is therefore up to the discretion of each person and this can be disadvantageous to people who are seeking protection under that status.

USCIS is seeking feedback on their draft guidance. This is an opportunity for stakeholders to impact policy before it is finalized. All feedback must be submitted by November 23, 2015.

For full comment feedback instructions, please visit the USCIS website: http://www.uscis.gov/outreach/feedback-opportunities/policy-manual-comment.

 

USCIS Changes Direct Filing Address for Some I-140 Petitions

Effective October 19^th, USCIS is changing the direct filing address for certain I-140 petitions that are submitted along with Form I-907, Request for Premium Processing. USCIS is implementing this change in order to increase efficiency in the processing of I-140 petitions.

This change only affects those with worksites in Maryland, New Jersey, New York, and Pennsylvania who are submitting Form I-140 petitions along with Form I-907 Premium Processing Requests. Those who meet those qualifications should mail their applications to the following addresses:

If submitting by regular mail:
Premium Processing
USCIS Nebraska Service Center
P.O. Box 87103
Lincoln, NE 68501-7103

If submitting by express delivery:
Premium Processing
USCIS Nebraska Service Center
850 S. Street
Lincoln, NE 68508

If you are submitting Form I-907 to upgrade a pending Form I-140 to premium processing, please mail Form I-907 to the service center that is currently processing the Form I-140.

Those who do not meet the criteria listed above should continue to file their forms as indicated on the form instructions. A full list of filing instructions is available online on the USCIS website: http://www.uscis.gov/i-140-addresses.

 

USCIS Adds Secure Laminates to Form I-797F and Form I-512L

In order to further protect certain travel authorization forms from fraud and tampering, USCIS has implemented a secure, transparent laminate to Forms I-7974, Transportation Letter and Forms I-512L, Parole Authorization Letter. Both of these forms authorize travel to the United States and the secure laminate adds an extra layer of authenticity and fraud protection. Previously issued versions of these forms without the security laminate will remain valid.

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