USCIS Updates Policy Guidance for the “Sought to Acquire” Requirement Under the Child Status Protection Act
On August 24, 2023, USCIS announced that it has updated its Policy Manual to clarify how the extraordinary circumstances exception will be applied to the “sought to acquire” requirement under the Child Status Protection Act (CSPA) to reflect the February 14, 2023 policy change.
The CSPA protects certain beneficiaries from losing their eligibility for immigrant visas and adjustment of status because they “age out” by turning 21 years of age during the immigration process and no longer qualify as a child for immigration purposes. To benefit from the CSPA, noncitizens must seek to acquire lawful permanent resident status within 1 year of when an immigrant visa becomes available. On February 14, 2023, USCIS issued policy guidance updating when an immigrant visa becomes available for the purpose of calculating an applicant’s CSPA age.
This change to the USCIS Policy Manual:
Explains that USCIS considers the policy change to reflect an extraordinary circumstance that may excuse an applicant’s failure to meet the sought to acquire requirement;
Clarifies that USCIS may excuse an applicant’s failure to meet the sought to acquire requirement if they did not apply to adjust their status because they could not calculate their CSPA age under the prior policy or their CSPA age would have been calculated as over 21, but they are now eligible for CSPA age-out protection under the new policy; and
Clarifies that USCIS consider applicants to have met the sought to acquire requirement if their application to adjust their status was pending on Feb. 14, 2023 and they applied to adjust their status within 1 year of a visa becoming available based on the Final Action Dates chart under the policy guidance that was in effect when they applied.
Under the policy guidance in effect before February 14, 2023, some noncitizens may not have applied to adjust their status because a visa was not available to calculate CSPA age under the prior policy, or the noncitizen’s CSPA age would have been calculated to be over 21 years old. If these noncitizens apply to adjust their status under the new policy issued on February 14, 2023, they may not be able to meet the 1-year sought to acquire requirement. However, noncitizens who do not meet this requirement may still benefit from the CSPA if they can establish that their failure to meet the requirement was the result of extraordinary circumstances.
USCIS Updates Voter Registration Guidance for Naturalization Ceremonies
On August 25, 2023, USCIS announced an update to its Policy Manual to provide clarification on voter registration access at administrative naturalization ceremonies.
The updated guidance:
Affirms that USCIS provides access to voter registration services at each administrative naturalization ceremony, including information regarding points-of-contact for voting and voter registration;
Provides that USCIS offices request that election officials from state or local government election offices attend ceremonies to distribute, collect, and review voter registration applications, and to officially register new citizens to vote;
Affirms that USCIS offices coordinate with non-partisan, non-governmental organizations for voter registration services when state and local government election officials are not available; and
Provides that, to the extent feasible, USCIS offices invite governmental or non-governmental organizations offering on-site voter registration services the opportunity to introduce themselves and address the naturalization candidates before the ceremony.
USCIS has also published Form N-401, Voter Registration Services Attestation, for non-governmental agencies to submit a one-time request for field offices to participate in administrative naturalization ceremonies.
Welcome Jennifer Ramirez!
Iandoli, Desai & Cronin are pleased to announce that Jennifer Ramirez has joined our firm as a paralegal. Jennifer has extensive experience working in immigration law and we are happy to have her join our team.
Attorney Anthony Pawelski’s article on the positive economic impact of immigrants in New England
Iandoli, Desai & Cronin would like to share Attorney Anthony Pawelski’s article on the positive economic impact of immigrants in New England, which was featured by the American Immigration Lawyers Association (AILA). Attorney Pawelski provides immigration services to clinicians, researchers, and professional staff at Mass General Brigham.
August 2023 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.
In August, the EB-1 preference category on the Final Action Chart for all countries will be backlogged. The EB-1 priority date for China and India is February 1, 2022, and January 1, 2012, respectively. The EB-1 priority date for all other countries will be August 1, 2023. This means an otherwise qualified foreign national with an approved EB-1 I-140 may not file the I-485 in August if their priority date is later than what is listed on the Visa Bulletin.
The EB-2 and EB-3 preference categories remains backlogged for all countries, which means that individuals in these categories may not file Form I-485 applications until their priority date becomes “current.”
The complete Visa Bulletin, including priority dates for family-based immigrant applications, can be found on the Department of State website. There is no additional information at this time on how various backlogs will progress starting in the new fiscal year (October 1, 2023). Iandoli, Desai & Cronin will continue to monitor the situation and provide client updates if/when we receive additional information.
If you have questions about planning, please schedule a consultation with one of the attorneys at Iandoli, Desai & Cronin (info@iandoli.com).
Department of Homeland Security Adds Eight Qualifying Fields of Study to the STEM Designated Degree Program List
The Department of Homeland Security (DHS) amended the DHS STEM Designated Degree Program List and added eight additional qualifying field of study and corresponding Department of Education Classification of Instructional Programs (CIP) code. The new codes are:
Landscape Architecture (04.0601)
Institutional Research (13.0608)
Mechatronics, Robotics, and Automation Engineering Technology/Technician (15.0407)
Linguistics and Computer Science (30.4801)
Composite Materials Technology/Technician (15.0617)
Developmental and Adolescent Psychology (42.2710)
Geospatial Intelligence (43.0407)
Demography and Population Studies (45.0501)
U.S. Citizenship and Immigration Services to Publish Revised Form I-9
U.S. Citizenship and Immigration Services (USCIS) will publish a revised version of Form I-9, Employment Eligibility Verification on August 1, 2023. Among the improvements to the form is a checkbox E-Verify employers can use to indicate remote examination of identity and employment authorization documents. Employers who were participating in E-Verify and created a case for employees whose documents were examined during COVID-19 flexibilities (March 20, 2020, to July 31, 2023), may choose to use the new alternative procedure starting on August 1, 2023, to satisfy the physical document examination requirement by August 30, 2023. Employers who were not enrolled in E-Verify during the COVID-19 flexibilities must complete an in-person examination by August 30, 2023. The revised Form I-9 will be published on uscis.gov on August 1, 2023. Employers can use the current Form I-9 (edition date 10/21/19) through October 31, 2023.
Customs and Border Protection Announces ESTA Ineligibility for Travelers Who Have Been Present in Cuba
In January 2021, the Secretary of State designated Cuba as a State Sponsor of Terrorism, making individuals who have been present in Cuba on or after this date ineligible for travel under the visa waiver program (VWP). The restriction on VWP travel also applies to individuals who are dual nationals of both a VWP country and Cuba at the time of applying. On July 6, 2023, the Department of Homeland Security updated the Electronic System for Travel Authorization (ESTA) application to reflect these changes. If an ESTA application has already been approved and it is later determined that the traveler has been present in Cuba or holds dual nationality with both a VWP country and Cuba, ESTA will be revoked, with very limited exceptions for certain military and government employees.
Department of Homeland Security to Begin Implementation of Family Reunification Parole Process for Colombia, El Salvador, Guatemala, and Honduras
The Department of Homeland Security (DHS) announced the start of new family reunification parole (FRP) processes for nationals of Colombia, El Salvador, Guatemala, and Honduras whose family members are U.S. citizens or lawful permanent residents and who have received approval to join their family in the United States. Nationals of these countries can be considered for parole for a period of up to three years while they wait to apply to become a lawful permanent resident. Qualifying beneficiaries of an approved Form I-130, Petition for Alien Relative, must be outside the United States, meet all requirements, including screening and vetting and medical requirements, and must not have already received an immigrant visa. Individuals paroled into the United States will be able to apply for employment authorization while they wait to become a lawful permanent resident.
European Union Introduces New Visa Requirement for U.S. Citizens, Other Nationals to Travel to Europe
The European Union (EU) announced a new travel requirement for U.S. nationals and over sixty other visa-exempt countries. Citizens of these countries will not be required to obtain travel authorization to enter most European countries. Starting in 2024, visa-exempt nationals traveling to the EU for short-term stays, including visits for tourism and business, will need to obtain ETIAS travel authorization. ETIAS travel authorization is valid for a visit of up to 90 days within a 180-day period. Applications for travel authorization cost seven euros for people over 18 and under 70 years of age and can be completed on the ETIAS website. ETIAS is currently not operational and the date at which it will begin accepting applications has not been released. Most applications should be processed “within minutes” but the EU recommends applying well in advance of a trip in the event that an application requires additional information or an interview.