Congratulations Dreamers: Secretary Napolitano Announces Deferred Action Process for Young People Who Are Low Enforcement Priorities

Secretary of Homeland Security Janet Napolitano announced that effective immediately, certain young people who were brought to the United States as young children, do not present a risk to national security or public safety, and meet several key criteria will be considered for relief from removal from the country or from entering into removal proceedings. Those who demonstrate that they meet the criteria will be eligible to receive deferred action for a period of two years, subject to renewal, and will be eligible to apply for work authorization.

“Our nation’s immigration laws must be enforced in a firm and sensible manner,” said Secretary Napolitano. “But they are not designed to be blindly enforced without consideration given to the individual circumstances of each case. Nor are they designed to remove productive young people to countries where they may not have lived or even speak the language. Discretion, which is used in so many other areas, is especially justified here.”

DHS continues to focus its enforcement resources on the removal of individuals who pose a national security or public safety risk, including immigrants convicted of crimes, violent criminals, felons, and repeat immigration law offenders. Today’s action further enhances the Department’s ability to focus on these priority removals.

Under this directive, individuals who demonstrate that they meet the following criteria will be eligible for an exercise of discretion, specifically deferred action, on a case by case basis:

1. Came to the United States under the age of sixteen;
   
2. Have continuously resided in the United States for a least five years preceding the date of this memorandum and are present in the United States on the date of this memorandum;
   
3. Are currently in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States;
   
4. Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety;
   
5. Are not above the age of thirty.

Only those individuals who can prove through verifiable documentation that they meet these criteria will be eligible for deferred action. Individuals will not be eligible if they are not currently in the United States and cannot prove that they have been physically present in the United States for a period of not less than 5 years immediately preceding today’s date. Deferred action requests are decided on a case-by-case basis. DHS cannot provide any assurance that all such requests will be granted. The use of prosecutorial discretion confers no substantive right, immigration status, or pathway to citizenship. Only the Congress, acting through its legislative authority, can confer these rights.

While this guidance takes effect immediately, USCIS and ICE expect to begin implementation of the application processes within sixty days. In the meantime, individuals seeking more information on the new policy should visit USCIS’s website (at www.uscis.gov), ICE’s website (atwww.ice.gov), or DHS’s website (at www.dhs.gov). Beginning Monday, individuals can also call USCIS’ hotline at 1-800-375-5283 or ICE’s hotline at 1-888-351-4024 during business hours with questions or to request more information on the forthcoming process.

For individuals who are in removal proceedings and have already been identified as meeting the eligibility criteria and have been offered an exercise of discretion as part of ICE’s ongoing case-by-case review, ICE will immediately begin to offer them deferred action for a period of two years, subject to renewal.

USCIS to Centralize Filing and Adjudication for Certain Waviers of Inadmissibility in the United States

New System Will Standardize Process for Immigrant Visa Applicants Worldwide


Beginning June 4, 2012, individuals abroad who have applied for certain visas and have been found ineligible by a U.S. Consular Officer, will be able to mail requests to waive certain grounds of inadmissibility directly to a U.S. Citizenship and Immigration Services (USCIS) Lockbox facility. This change affects where individuals abroad, who have been found inadmissible for an immigrant visa or a non-immigrant K or V visa, must send their waiver applications.

Currently, applicants experience processing times from one-month to more than a year depending on their filing location. This centralization will provide customers with faster and more efficient application processing and consistent adjudication. It is part of a broader agency effort to transition to domestic filing and adjudication; it does not reflect a change in policy or the standards by which the applications are adjudicated. Individuals filing waiver applications with a USCIS Lockbox will now be able to track the status of their case online.

The change affects filings for:

• Form I-601, Application for Waiver of Grounds of Inadmissibility
• Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal
• Form I-290B, Notice of Appeal or Motion, (if filed after a denial of a Form I-601 or Form I-212).

Applicants who mail their waiver request forms should use the address provided in the revisedform instructions on the USCIS website. Applicants who wish to receive an email or text message when USCIS has received their waiver request may attach Form G-1145, E-Notification of Application/Petition Acceptance, to their application.

During a limited six-month transition period, immigrant visa waiver applicants in Ciudad Juarez, Mexico, will have the option to either mail their waiver applications to the USCIS Lockbox in the United States or file in-person at the USCIS office in Ciudad Juarez. USCIS is aware of the pending caseload for applicants in Ciudad Juarez and is taking proactive steps to work through these cases. USCIS will significantly increase the number of officers assigned to adjudicate the residual cases filed before June 4, and those filed during the interim six-month transition period. USCIS has already begun to test this process and has transferred applications from Ciudad Juarez to other USCIS offices in the United States.  

USCIS Changes Look and Feel of Form I-797C

On April 2, 2012, USCIS  issued Form I-797C, Notice of Action, with a new look and feel. USCIS will print the Form I-797C on plain bond paper. This change is estimated to save the agency about $1.1 million per year. 

This form change will help reduce public perception that the Form I-797C demonstrates evidence of an immigration benefit or status. The top of the new Form I-797C will clearly display: “THIS NOTICE DOES NOT GRANT ANY IMMIGRATION STATUS OR BENEFIT.” The following is a sample of how this disclaimer will appear on the Form I-797C:

Please note, the Form I-797C, Notice of Action is used ONLY for certain types of communication between individuals and the agency including notifications of:

• Receipt (notifies the customer that their payment and application/petition has been received by USCIS)
• Rejection (notifies the customer that their application/petition has been rejected due to incorrect information or payment)
• Transfer (notifies the customer that their case was relocated to another USCIS office for processing)
• Re-Open (notifies the customer that USCIS has approved a motion to re-open their completed case and it is being processed)
• Appointment (notifies the customer that they have an appointment with USCIS to obtain fingerprint or biometric capture, to attend an interview, or that their appointment has been rescheduled)

Form I-797C appointment notices will also contain disability accommodation information on the back of the form.  Previously this information was included as a separate flyer that was sent along with the notice.  Printing this information on the back of the form will save additional resources by consolidating the notice and disability information into one form.

Form I-797C Notice of Actions issued before April 2, 2012, will remain valid. This change to Form I-797C is part of our ongoing efforts to improve customer service while enhancing agency operations. 

USCIS Proposes Process Change for Certain Waivers of Inadmissibility

Proposal would reduce time that U.S. citizens are separated from immediate relatives U.S. Citizenship and Immigration Services (USCIS) posted a Notice of Proposed Rulemaking (NPRM) in the Federal Register  that would reduce the time U.S. citizens are separated from their spouses, children, and parents (i.e. immediate relatives) who must obtain an immigrant visa abroad to become lawful permanent residents of the United States. This rule would allow certain immediate relatives of U.S. citizens to apply for a provisional waiver of the unlawful presence ground of inadmissibility while still in the United States if they can demonstrate that being separated from their U.S. citizen spouse or parent would cause that U.S. citizen relative extreme hardship. The proposed rule will not alter how USCIS determines eligibility for a waiver of inadmissibility or how an individual establishes extreme hardship. “The law is designed to avoid extreme hardship to U.S. citizens, which is precisely what this proposed rule will more effectively achieve,” said USCIS Director Alejandro Mayorkas. “The current process can subject U.S. citizens to months of separation from family members who are waiting for their cases to be processed overseas.  The proposed change will have tremendous impact on families by significantly reducing the time of separation.” USCIS also proposes creating a new form for immediate relatives of U.S. citizens who choose to apply for a provisional unlawful presence waiver. Once in effect, this form would be used for individuals filing an application for a provisional unlawful presence application before he or she departs the United States to complete the immigrant visa process at a U.S. Embassy or consulate abroad. The streamlined process would only apply to immediate relatives who are otherwise eligible for an immigrant visa based on an approved immediate relative petition. The proposed process outlined above is not in effect and is not available until USCIS publishes a final rule with an effective date in the Federal Register. USCIS will consider all public comments on the proposed rule announced today before publishing the final rule in the coming months. Individuals at this time should not to submit an application for a provisional unlawful presence waiver, or allow anyone to submit one on their behalf because it will be rejected. Source: www.uscis.gov

Secretary Napolitano announced the designation of Syria for Temporary Protected Status (TPS), based on deteriorating security conditions in Syria. The effective dates for the designation, as well as dates and procedures for the TPS registration process, will be detailed in a Federal Register notice that publishes next week. Applications should not be submitted until the designation becomes effective. 

Source: www.uscis.gov 

I-601 Provisional Waiver Is Not in Effect, Yet.

USCIS is considering changes that would allow certain immediate relatives (the spouse, children or parents of a U.S. citizen) who can demonstrate extreme hardship to a U.S. citizen spouse or parent to receive a provisional waiver of the unlawful presence bars before leaving the United States.

These procedures are not in effect and will not be available to potential applicants until USCIS publishes a final rule in the Federal Register specifying the effective date. USCIS plans to publish a notice of proposed rulemaking in the coming months and will consider all comments received as part of that process before publishing a final rule.

·         Do not send an application requesting a provisional waiver at this time. USCIS will reject any application requesting this new process and we will return the application package and any related fees to the applicant. USCIS cannot accept applications until a final rule is issued and the process change becomes effective. 

·         Be aware that some unauthorized practitioners of immigration law may wrongly claim they can currently file a provisional waiver application (Form I-601) for you. These same individuals may ask you to pay them to file such forms although the process is not yet in place. Please avoid such scams. USCIS wants you to learn the facts about protecting yourself and your family against scammers by visiting uscis.gov/avoidscams.

If you already have an immigrant visa interview with the U.S. Department of State, we strongly encourage you to attend. The Department of State may cancel your immigrant visa registration if you fail to appear at this interview.

Source: www.uscis.gov 

The new Queens Field Office.

USCIS FIELD OFFICE IN QUEENS, NEW YORK

QUEENS FIELD OFFICE

27-35 JACKSON AVENUE

QUEENS, NEW YORK 11101

The new Queens Field Office is a full-service USCIS facility with the capacity of approximately 500 customers a day. The office will serve residents of Queens and Brooklyn.

The new facility is the result of a national effort by USCIS to create a more accessible, efficient, and customer-friendly office spaces. The new Queens office is easily accessible by subway or bus.

Business hours are 7:00 AM to 3:30 PM, Monday through Friday. The office is closed on Federal holidays.

Daily, the 100 USCIS federal and contract employees of the Queens Field Office have the capacity to:

·      Interview 120 naturalization applications

·      Provide face-to-face assistance through INFOPASS appointments to 50 members of the public

·      Interview 50 adjustment of status (greencard) applicants

·      Process 100 Biometrics appointments (to capture fingerprints, ID photos, and signatures as part of application process)

The Queens facility features innovative customer service tools such as Infopass (a convenient, internet-based system that allows customers to schedule general customer service appointments at a kiosk in the office or on-line at www.infopass.uscis.gov), a spacious waiting area, private offices for conducting interviews, and a naturalization ceremony room.

The office is co-located with an Application Support Center, meaning that customers can complete the Biometric capture portion of their application (ID photo, fingerprint, and signature capture) at the Queens office.

The office occupies 48,328 square feet of space on two floors of a four-story building. The office space was formerly a warehouse, and all new systems were installed including electrical, plumbing, and heating and air conditioning. In additional a new elevator was installed for public access on the second floor.