Immigration Update by Elizabeth Ricci, Rambana & Ricci, PLLC Immigration Attorneys

Elizabeth RicciSeptember 7, 2020

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By Attorney Elizabeth Ricci, Rambana and Ricci, PLLC

TPS: On August 31, USCIS finally clarified that TPS holders leaving the US will maintain the immigration status they had before leaving the country. This is important because USCIS and CBP were referring some TPS holders to immigration court for deportation even after they had traveled abroad with authorization.

DACA: USCIS refuses to comply with the US Supreme Court order requiring the agency to accept initial DACA and travel authorization requests. At this time, USCIS will only accept DACA renewals which, if granted, will be in one-year increments.

FEES: USCIS fees will change on October 2, 2020. Most fees will increase but some will decrease. It is important to ensure your files contain the correct filing fee to avoid rejections and delays.

WORK AUTHORIZATION: The Form I-765 for work authorization recently changed. USCIS will now only accept the August 25, 2020 edition.

FURLOUGH: USCIS avoided furloughing staff. Hopefully the expected delays will be avoided.

CONSULATES: Some USCIS consulates are reopening. For more information, visit the specific consulate’s website which can be found at travel.state.gov.

NATIONAL VISAS CENTER: The NVC no longer sends emails to customers. All documentation must now be uploaded through the CEAC system.

EXECUTIVE ORDERS: Several executive orders still exist. Check with USCIS.gov, Travel.State.gov, or an experienced immigration attorney to see if an order affects your case.

IMMIGRATION COURTS: Some immigration courts remain closed. To find out if an immigration court is open for hearings, visit eoir.gov.

INTERVIEWS: USCIS now requires applicants to arrive no more than 15 minutes before the appointment and bring their own masks and pens to interviews. Attorneys may appear by phone or in person. Translators must appear by phone. USCIS is reporting problems as many officers do not have the ability to make three-way calls. That could disadvantage those with an attorney and translator appearing on the phone.

SIGNATURES: USCIS temporarily accepts scanned ink signatures (not electronic signatures). The agency requests that the originals be kept in case they are asked for.

COVID CONSIDERATIONS: USCIS is granting an additional 60 days to respond to Requests

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