U.S. Department of State to Hold Passport Application (“Acceptance”) Fairs

On March 9, 2022, the U.S. Department of State (DOS) announced that it will hold special passport application fairs across the country in March and April. To see the locations of the fairs, please check the DOS announcement link below as locations are regularly being added. 

The majority of these fairs are meant for first-time passport applicants and children using Form DS-11 to apply. DOS encourages those eligible for renewal to file applications by mail.  

DOS has indicated that for those applying for a passport via regular non-expedited service can expect to receive a passport in 8 to 11 weeks. If a person requires expedited processing, they can pay an additional $60 fee and should expect to receive a passport in 5 to 7 weeks. Please note that DOS has said that the passport fair locations do not offer appointments for urgent travel in less than 5 weeks. 

Links: 

• U.S. Department of State Announcement: https://travel.state.gov/content/travel/en/News/passports/special-passport-acceptance-fairs.html 

VISA BULLETIN

Each month, the U.S. Department of State (DOS) publishes the Visa Bulletin, listing all "preference" categories and states whether a backlog exists for each one.  In addition, the categories are folded into two charts: “Final Action” chart and a “Dates for Filing” chart for Family-Based immigration and Employment-Based immigration. 

For April 2022, USCIS has indicated that for Employment-Based immigration, the “Dates for Filing” chart should be used in establishing eligibility to file the I-485 Adjustment of Status petitions. This means that those who filed an Immigrant Petition [Form I-140] on or before the date given in the Visa Bulletin may file an application for permanent resident status [Form I-485]. USCIS has also indicated that on March 15, 2022, President Biden signed a law that includes authority for an EB-5 Immigrant Investor Regional Center Program and various implementation effective dates for the program. The program will be in effect through September 30, 2027. USCIS will review the new legislation and additional guidance is forthcoming. 

In April, the EB-1 preference category on the Final Action Chart for all countries including China and India will be “current.” This means the I-485 applications may be filed immediately with the Form I-140. Also, any otherwise qualified national of China or India with an approved EB-1 I-140 may file the I-485 in April. 

The EB-2 preference category remains “current” for all countries other than China and India, which means that individuals in these categories may immediately file I-485 applications. China and India remain backlogged on both the Final Action and Dates for Filing Charts.  

The EB-3 preference category is also “current” for all countries other than China and India, which remain backlogged on both the Final Action and Dates for Filing Charts.  

The complete Visa Bulletin, including priority dates for family-based immigrant applications, can be found on the Department of State website.  

If you have questions about planning, please feel free to reach out and schedule a consultation with one of the attorneys at Iandoli, Desai & Cronin (info@iandoli.com).

Massachusetts House of Representatives Passes Bill to Allow Driver's Licenses for Undocumented Immigrants

On February 16, 2022, the Massachusetts House of Representatives passes a bill that would allow undocumented immigrants to apply for driver’s licenses.  The bill passed in the house by a 120-36 vote, and still requires approval by the State Senate, before being sent to the governor for signature.

The bill requires individuals provide documentation license including proof of their identity, residency in the state and date of birth. The new rules would apply to those who do not have proof they are in the country legally, including those not eligible for a Social Security number. Applicants must present at least two documents. The first must be either a valid unexpired foreign passport or a valid unexpired consular identification.

A second kind of identification could include an unexpired driver’s license from any US state or territory, a birth certificate, a valid unexpired foreign national identification card or foreign driver’s license, or a marriage certificate issued in Massachusetts. At least one document must contain a photograph. The bill also states that immigrants eligible for the driver’s licenses would not be registered to vote. Legislators have also stated that measures will be taken to ensure that the information provided by applicants will not be used to profile, target or report a person to immigration authorities.  If the measure passes, licenses will not be available until July 1, 2023.

Extension of EAD validity

On February 7, 2022, U.S. Citizenship and Immigration Services published updated policy guidance to change the maximum validity period that may be granted for Employment Authorization Documents (EADs) issued to certain applicants, as well as to provide general guidance on adjudicating Form I-765, Application for Employment Authorization.

Starting today, USCIS will generally grant new and renewed EADs that are valid for two years to applicants in the following categories:

• Admitted as a refugee (a)(3);

• Granted asylum (a)(5);

• Granted withholding of deportation or removal (a)(10); and

• VAWA self-petitioner (c)(31).

Additionally, USCIS will generally grant new and renewed EADs up to the end of the parole or deferred action period to applicants in the following categories:

• Paroled into the United States for urgent humanitarian reasons or significant public benefit (c)(11); and

• Granted deferred action (non-DACA) (c)(14).

Increasing the maximum validity period that may be provided on EADs for these categories will help ease processing backlogs by reducing the frequency and number of times these applicants must renew their EADs and will help prevent gaps in employment authorization and documentation.

This policy update is effective immediately. Therefore, new and renewed EADs issued for impacted categories on or after February. 7, 2022, will reflect the updated validity periods. EADs issued before February. 7, 2022, are not affected. USCIS will continue to issue replacement EADs with the same validity date as the original EAD.

CBP Begins Issuing New I-94 Designations for L-2 and E Dependent Spouses Granting Employment Authorization Incident to Status

In November 2021, U.S. Citizenship and Immigration Services (USCIS) issued policy guidance addressing the automatic extension of status for H-4, L-2, and E dependent spouses, as well as confirming that L-2 and E dependent spouses (but not H-4 dependent spouses) hold work-authorization incident to their status, meaning that these dependent spouses will not need an employment authorization document (EAD) to work in the United States. USCIS indicated that it would work with U.S. Customs and Border Protection (CBP) to update the I-94 system to indicate work authorization, as the system previously in place did not differentiate between work-authorized L-2 and E dependent spouses and non-work-authorized L-2 and E dependent children.

On January 31, 2022, CBP began implementing the new I-94 system at ports of entry throughout the United States, issuing admission codes so that E and L spouses’ I-94s now bear a spousal designation in the form of an “S” next to the E or L2 designation (e.g., an L-2 spousal I-94 is now designated as “L2S”). For E and L-2 dependent spouses who last entered the United States before January 31, 2022, and who have pending E dependent or L-2 extension-of-status applications with USCIS, it is expected that USCIS will soon issue approval notices with the new designation.  An I-94 with the appropriate dependent spouse designation can be used as an employee’s “List C” document for I-9 purposes, along with an additional “List B” document to confirm the employee’s identity.

USCIS releases Notice for Certain Natives/Citizens of Cuba who are “Arriving Aliens and were Denied Adjustment of Status due to lack of proof that they were Admitted or Paroled

USCIS released a notice on February 23, 2022 stating that if you are a native or citizen of Cuba who:

(1)  Meets the definition of n “arriving alien” under 8 C.F.R. 1.2; and

(2)  were, prior to the entry of a removal order under Section 240 of the Immigration and Nationality Act (INA), initially released by the Department of Homeland Security (DHS) from DHS custody into the United States under INA 236 (for example, with a Form I-220A, Order of Release on Recognizance, or on a DHS Bond under INA 236)2 between January 12, 2017 and November 17, 2021; and

(3)  has not departed the United States since this initial release by DHS from DHS custody; and

(4)  applied for adjustment of status under the Cuban Adjustment Act (CAA) by filing a Form I-485, Application to Register Permanent Residence or Adjust Status (Form I-485) with USCIS; and

(5)  USCIS denied your Form I-485 based solely on a determination that you did not meet your burden of establishing that you had been admitted or paroled as required for adjustment of status under the CAA.

You may:

• File a new Form I-485 with USCIS, with fee, or with a Form I-912, Request for a Fee Waiver (Form I-912), if eligible; or

• File a timely Form I-290B, Notice of Appeal or Motion (Form I-290B) with USCIS, with fee, or with a Form I-912, if eligible.  If a timely Form I-290B is filed and the above criteria are met, USCIS will reopen and re-adjudicate the previously denied Form I-485.

Additionally, if the deadline for filing a timely Form I-290B has passed, you may, for a period of one year from the date of this notice, file an untimely Form I-290B, with fee, or with a Form I-912, if eligible.  If an untimely Form I-290B is filed within one year from the date of this notice and the above criteria are met, USCIS will reopen and re-adjudicate the previously denied Form I-485.  An untimely Form I-290B should be annotated “UNTIMELY MTR – DENIED CAA I-485 FOR NO ADMISSION OR PAROLE.”

If you meet the above criteria you should attach a copy of this notice to the top of any new Form I-485 or Form I-290B, clearly indicate that you meet the qualifying criteria, and include evidence that you meet the qualifying criteria with the filing.   Additionally, if subsequent to the USCIS denial of the Form I-485 DHS has since issued you a parole under INA 212(d)(5), you should also include a copy of this parole (for example, a Form I-94 or other document issued to you by DHS indicating that you have been paroled under 212(d)(5)) with the new filing.

Presidential Executive Order Blocking the Entry of Ukraine “Bad Actors”

On February 21, 2022, President Biden signed an Executive Order to respond to President Putin’s action to purportedly recognize the so-called Donetsk and Luhansk People’s Republics (DNR and LNR) as “independent” states.

This Executive Order prohibits:

• New investment in the so-called DNR or LNR regions of Ukraine by a United States person, wherever located;

• The importation into the United States, directly or indirectly, of any goods, services, or technology from the so-called DNR or LNR regions of Ukraine;

• The exportation, reexportation, sale, or supply, directly or indirectly, from the United States, or by a United States person, wherever located, of any goods, services, or technology to the so-called DNR or LNR regions of Ukraine;

• And any approval, financing, facilitation, or guarantee by a United States person, wherever located, of a transaction by a foreign person where the transaction by that foreign person would be covered by these prohibitions if performed by a United States person or within the United States.
  

The Executive Order also provides authority to impose sanctions on persons determined:

• To operate or have operated since the date of the order in the so-called DNR or LNR regions of Ukraine;

• To be or have been since the date of the order a leader, official, senior executive officer, or member of the board of directors of an entity operating in the so-called DNR or LNR regions of Ukraine;

• To be owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, any person whose property and interests in property are blocked pursuant to this order;

• Or to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, any person whose property and interests in property are blocked pursuant to this order.
  

The Executive Order also states that the entry of individuals who fall under the above criteria as immigrants or nonimmigrants is suspended “…except where the Secretary of State or the Secretary of Homeland Security, as appropriate, so determines, based on a recommendation of the Attorney General, that the person’s entry would further important United States law enforcement objectives. (b) The Secretary of State shall implement this authority as it applies to visas pursuant to such procedures as the Secretary of State, in consultation with the Secretary of Homeland Security, may establish. (c) The Secretary of Homeland Security shall implement this order as it applies to the entry of noncitizens pursuant to such procedures as the Secretary of Homeland Security, in consultation with the Secretary of State, may establish. (d) Such persons shall be treated by this section in the same manner as persons covered by section 1 of Proclamation 8693 of July 24, 2011 (Suspension of Entry of Aliens Subject to United Nations Security Council Travel Bans and International Emergency Economic Powers Act Sanctions).”

The Department of the Treasury is issuing six General Licenses to ensure that humanitarian and other related activity can continue in these regions:

• The purpose of this E.O. is to deny Russia the chance to profit from its blatant violations of international law. These actions are not directed at the people of Ukraine or the Ukrainian government.

• Treasury’s General Licenses are designed to support the innocent people who live in the so-called DNR and LNR regions who did not have a choice in Russia’s destabilizing and illegitimate actions today.

• The licenses allow a short-term wind down of activities, as well as for the export to the regions of food, medicine and medical devices, and ensure personal remittances can continue to flow.

• The licenses also allow telecommunications and internet services to remain operational, and mail services to continue.

• The licenses allow international organizations to be able to provide aid to the people in these two regions.

U.S. Customs and Border Patrol to allow Certain Persons from Ukraine to Travel to the United States without a Pre-Departure Covid Test

On February 18, 2022, the Centers for Disease Control and Prevention (CDC) announced that, based on a request from the U.S. Department of State and consistent with the determination made by the Secretary of Homeland Security, it will exercise its enforcement discretion regarding certain aspects of its “Amended Order: Requirement for Proof of Negative COVID-19 Test Result or Recovery from COVID-19 for All Airline Passengers Arriving into the United States,” and its Amended Order Implementing Presidential Proclamation on Advancing the Safe Resumption of Global Travel During the COVID-19 Pandemic,” effective immediately. This exercise of enforcement discretion is limited to the following groups of individuals, to the extent they were physically present in Ukraine as of February 10, 2022: U.S. citizens; lawful permanent residents; noncitizens in possession of a valid U.S. immigrant visa; as well as noncitizen nonimmigrants who are traveling with a U.S. citizen or lawful permanent resident and possess valid travel documents allowing them to travel to the United States (collectively, “covered persons”). This exercise of enforcement discretion will enter into effect immediately and expire on March 1, 2022, at 23:59 ET, subject to any further extensions.

Pursuant to this exercise of enforcement discretion, covered persons will not be required to provide proof of a negative COVID-19 test result prior to boarding a flight to the United States or to complete the attestation at Section 1 of the Combined Passenger Disclosure and Attestation to the United States of America form.

CDC requests that all air carriers cooperate in this exercise of enforcement discretion. Noncitizen nonimmigrants must continue to complete Section 2 of the Combined Passenger Disclosure and Attestation to the United States of America form attesting to either being fully vaccinated and providing proof of being fully vaccinated against COVID-19 or, if traveling pursuant to an exception, including a national interest exception, that they have made arrangements to receive a COVID-19 test within three to five days of arrival in the United States, to self-quarantine for seven days, to self-isolate in the event of a positive COVID-19 test or the development of COVID-19 symptoms, and to become fully vaccinated for COVID-19 within 60 days of arrival in the United States if intending to stay in the United States for more than 60 days.

Information from the U.S. State Department for U.S. Citizens in Ukraine

The U.S. Department of State recommends that U.S. citizens in Ukraine complete this online form so that the State Department can communicate with you. U.S. citizens seeking to depart Ukraine can also call 1-833-741-2777 (in the United States) or 1-606-260-4379 (from overseas) for immediate assistance.

Visit this page for our latest alerts and messages to U.S. citizens in Ukraine.

The State Department encourages U.S. citizens to enroll in the Department of State’s Smart Traveler Enrollment Program (STEP). STEP enrollment gives you the latest security updates and makes it easier for the U.S. Embassy to contact you in an emergency.

Comprehensive information for U.S. citizens in Ukraine is available on the State Department’s Ukraine country information page.

The State Department also encourages those traveling by land from Ukraine to cross at the border crossings listed below, if you need assistance from a U.S. consular officer:

Poland: Poland has indicated to the U.S. government that U.S. citizens may now enter Poland through the land border with Ukraine. No advanced approval is required.  We encourage those traveling into Poland by land from Ukraine to cross at the Korczowa-Krakovets or Medyka-Shehyni border crossings. The U.S. embassy has consular officers stationed near these crossings to provide assistance. Please call +48 22 504 2784 or +48 22 504 2000 (Embassy Warsaw), or +48 12 424 5100 (Consulate General Krakow), or email ACSWarsaw@state.gov or KrakowACS@state.gov for further information.  You may contact the Polish Border Guard by email at zdsc.kg@strazgraniczna.pl or by phone at +48 22 500 4068, +48 22 500 4568, or +48 22 500 5468. The Polish Border Guard’s website also provides relevant information (in Polish). The U.S. Embassy and Consulate in Poland’s website describes entry and exit requirements (located under the header “Entry and Exit Requirements”).

Romania: The State Department encourages those traveling into Romania by land from Ukraine to cross at the Siret border crossing. The U.S. embassy will soon have consular officers stationed near this crossing to provide assistance.  Please call +40-41-270-6000 or email ACSBucharest@state.gov for further information.  Vaccinated and unvaccinated U.S. citizens may enter Romania by land. The Romanian Border Police’s website also provides relevant information. The U.S. Embassy in Romania’s website describes entry and exit requirements (located under the header “Entry and Exit Requirements”).

Hungary: The State Department encourage those traveling into Hungary by land from Ukraine to cross at the Záhony border crossing. The U.S. embassy will have staff stationed near this crossing to provide assistance. Please contact +36-1-475-4400 by phone or ACS.Budapest@state.gov by email for further information. U.S. citizens do not need a visa to enter Hungary, but should be prepared to show proof of vaccination, a negative COVID-19 test, or proof of recovery from COVID-19. Please contact +36-1-475-4400 by phone or ACS.Budapest@state.gov by email for further information. Hungarian Police’s website provides relevant information. The U.S. Embassy in Hungary’s website describes entry and exit requirements (located under the header “Entry and Exit Requirement”).

Slovakia: A list of open border crossings is available on the U.S. Embassy in Bratislava’s website. The U.S. embassy can provide consular assistance to U.S. citizens who cross into Slovakia from Ukraine.  Please call +421-2-5443-0861 or +421-903-703-666 by phone or email consulbratislava@state.gov for further information. All borders in Slovakia are open to vaccinated travelers, and unvaccinated travelers will be allowed entry in a humanitarian emergency, but may need to undergo testing and quarantine. The U.S. Embassy in Slovakia’s website describes entry and exit requirements (located under the header “Entry and Exit Requirements”) in more detail.

Moldova: U.S. citizens traveling into Moldova by land from Ukraine should avoid the Transnistria region and cross into Moldova either to the north or south of the region. The main Moldova-Ukraine border crossing south of Transnistria is Palanca – Mayaki Udobnoe. The main border crossing north of Transnistria is Otaci – Mohyliv-Podilskyi. U.S. Embassy personnel will be stationed near border crossings to provide assistance. Please contact +373-2240-8300 by phone or ChisinauACS@state.gov by email for further information. Travelers should not enter Moldova through the breakaway region of Transnistria, where the U.S. Embassy has limited access and cannot provide the full range of assistance to U.S. citizens. Travelers should note the Chisinau-Odesa train goes through Transnistria as well. More information on Transnistria can be found here.

U.S. citizens can enter Moldova, whether vaccinated or unvaccinated, though travel restrictions in-country will vary depending on vaccination status. The Moldovan Border Police’s website provides relevant information (in Romanian).  The U.S. Embassy in Moldova’s COVID-19 website describes entry and exit requirements in full under the header “Entry and Exit Requirements.”

The European Union: The European Union maintains a website with all travel restrictions for member states. 

State of Emergency in Ukraine

On February 23, the government of Ukraine declared a state of emergency. The decree went into force at midnight on February 24 for 30 days. Each oblast will decide on the measures to be implemented according to local requirements. Measures could include curfews, restrictions on the freedom of movement, ID verification, increased security inspections; and other measures.

On February 24, 2022, the Government of Ukraine closed its airspace to all commercial flights due to Russian military actions. U.S. citizens should not travel to Ukraine, and those in Ukraine should depart immediately using commercial or other privately available ground transportation options. The Department previously ordered the departure of most U.S. direct hire employees from Embassy Kyiv on February 12, 2022.

Actions to Take:

• Visit the U.S. Embassy in Kyiv’s webpage to view the most recent safety and security alerts for U.S. citizens.

• Regularly monitor local and international news and social media news channels.

• Ensure travel documents are valid and easily accessible.

• Review your personal security plans and always have a contingency plan in place that does not rely on U.S. government assistance.

• Get a COVID vaccine to facilitate your travel.

• Enroll in the Department of State’s Smart Traveler Enrollment Program (STEP). STEP enrollment gives you the latest security updates and makes it easier for the U.S. Embassy to contact you in an emergency.

• Regularly monitor the State Department’s website for current Travel Advisories. Read the Country Specific Information for Ukraine. For additional information, refer to the “Traveler’s Checklist” on the State Department’s website.

• Please see information on What the Department of State Can and Can’t Do in a Crisis.
  
  

For Assistance:

• Complete the Department of State’s online assistance form https://cacms.state.gov/s/crisis-intake

• Call +1 606 260 4379 outside the U.S.

• Call +1 833 741 2777 from the U.S. Email KyivACS@state.gov

Applicants for U.S. nonimmigrant visas may apply in any country in which they are physically present and where there are appointments available. As each U.S. Embassy has specific application procedures, you should contact the U.S. Embassy or Consulate where you wish to apply directly.  Contact information for U.S. Embassies and Consulates is available at www.travel.state.gov.

If you have an immigrant visa case currently pending with U.S. Embassy Kyiv and would like to transfer processing of an immigration case to another U.S. Embassy, you must contact the receiving U.S Embassy in that country to authorize and initiate transfer.  The Embassy will have a list of requirements which must be satisfied in order to begin the transfer process.