This month USCIS has agreed with the USCIS Ombudsman’s recommendation to implement a parole policy for U visa petitioners and qualifying family members who live abroad.

The U visa – available to individuals who have suffered substantial physical or mental abuse as a result of a qualifying crime and who meet certain other criteria – are capped at 10,000 per fiscal year.

When the U vis cap is exceeded, U petitioners who live abroad are placed on a waiting list and must then proactively seek humanitarian parole to enter the United States. As a result, victims of crimes residing abroad are not able to easily aid investigators and prosecutors.

The Ombudsman’s recommendation explains the clear regulatory authority for a parole policy and the significant public and humanitarian benefits.

Family reunification allows the victim to focus attention on the prosecution of the crime and on rebuilding his or her life.

In addition, U petitioners and derivate family members who remain abroad may be subject to violence and harm in the country in which they reside.

USCIS will change the current  policy and  implement this change when a new form and policy guidance are completed in Fiscal Year 2017 which commences on OCTOBER 1, 2016.

The following recommendations by the USCIS Ombudsman remain under consideration by USCIS:

(1) that USCIS allow for concurrent filings of the U visa and the request for parole; and

(2) that parole requests be adjudicated at the Vermont Service Center. 





Monday, August 01, 2016

WASHINGTON—Secretary of Homeland Security Jeh Johnson has redesignated Syria for Temporary Protected Status (TPS) and extended the existing TPS designation for the country from Oct. 1, 2016, through March 31, 2018.

This allows eligible nationals of Syria (or persons without nationality who last habitually resided in Syria) to register or re-register for TPS in accordance with the Federal Register notice published today.

To extend your TPS, you must reregister during the 60-day reregistration period that runs from Aug. 1, 2016, through Sept. 30, 2016. Syrian nationals and persons without nationality who last habitually resided in Syria, who have: · Continuously resided in the United States since Aug. 1, 2016, and · Been continuously physically present in the United States since Oct. 1, 2016 are eligible.

To obtain TPS, you may apply for TPS during the 180-day initial registration period that runs from Aug. 1, 2016, through Jan. 30, 2017. Individuals re-registering for TPS: Current beneficiaries under Syria’s TPS designation seeking to extend their TPS status must re-register during a 60-day period that runs from Aug. 1, 2016, through Sept. 30, 2016. U.S. Citizenship and Immigration Services (USCIS) encourages beneficiaries to re-register as soon as possible.

The 18-month extension also allows TPS re-registrants to apply for a new Employment Authorization Document (EAD).

Eligible Syria TPS beneficiaries who re-register during the 60-day period and request a new EAD will receive one with an expiration date of March 31, 2018. USCIS recognizes that some re-registrants may not receive their new EADs until after their current work permits expire. Therefore, USCIS is automatically extending current TPS Syria EADs with a Sept. 30, 2016, expiration date for an additional six months. These existing EADs are now valid through March 31, 2017.

To re-register, current TPS beneficiaries must submit:

· Form I-821, Application for Temporary Protected Status (re-registrants do not need to pay the Form I-821 application fee);

· Form I-765, Application for Employment Authorization, regardless of whether they want an EAD;

· The Form I-765 application fee (or a fee-waiver request) only if they want an EAD. If the re-registrant does not want an EAD, no application fee is required; and

· The biometric services fee (or a fee-waiver request) if they are age 14 or older. Individuals applying for TPS for the first time: For Syrian nationals (and persons having no nationality who last habitually resided in Syria) who do not currently have TPS, the TPS redesignation may allow them to apply for TPS if they have continuously resided in the United States since Aug. 1, 2016, and have been continuously physically present in the United States since Oct. 1, 2016.

 

Applicants must meet all other TPS eligibility and filing requirements.

To apply for the first time, individuals must submit:

· Form I-821, Application for Temporary Protected Status;

· The Form I-821 application fee;

· Form I-765, Application for Employment Authorization, regardless of whether they want an EAD;

· The Form I-765 application fee, but only if they want an EAD and are 14 to 65 years old (those under 14 or 66 and older do not need to pay the Form I-765 fee with their initial TPS application); and

· The biometric services fee if they are age 14 or older. Individuals who still have a pending initial TPS application under Syria’s designation do not need to submit a new Form I-821.

 

However, if they currently have a TPS-related EAD and want a new EAD, they should submit:

· Form I-765, Application for Employment Authorization; · The Form I-765 application fee, regardless of their age; and

· A copy of the receipt notice for the initial Form I-821 that is still pending.

Applicants may request that USCIS waive any fees based on inability to pay by filing Form I-912, Request for Fee Waiver, or by submitting a written request. Fee-waiver requests must be accompanied by supporting documentation. USCIS will reject the application of any applicant who fails to submit the required filing fees or a properly documented fee-waiver request. 


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