USCIS updates

US Citizenship and Immigration Services is issuing policy guidance in the USCIS Policy Manual to clarify that a naturalization applicant’s burden to demonstrate they have been lawfully admitted for permanent residence applies only to their initial admission as a lawful permanent resident (LPR) or adjustment to LPR status.

USCIS is updating Volume 12, Part D, Chapter 2 in the Policy Manual to clarify that an applicant for naturalization must show that they have been lawfully admitted to the United States for permanent residence in accordance with all immigration laws in effect at the time of admission or adjustment. Consistent with the 4th Circuit Decision in Azumah v. USCIS, 107 F.4th 272 (4th Cir. 2024), USCIS will consider whether a naturalization applicant was lawfully admitted for permanent residence or was lawfully adjusted to permanent resident status at the time of their initial admission or adjustment, regardless of whether they were lawfully admitted for permanent residence at the time of any subsequent reentries to the United States.

This guidance, contained in Volume 12 of the policy manual, is effective immediately and applies to requests pending or filed on or after the publication date.

* * *

On November 7, 2024, the United States District Court for the Eastern District of Texas in State of Texas v. Department of Homeland Security, Case Number 24-cv-306 (E.D.T.X. Nov. 7, 2024) issued a final judgment vacating the Keeping Families Together (KFT) parole process, published at 89 Fed. Reg. 67,459 (Aug. 20, 2024).

Effective immediately, USCIS is taking the following steps to comply with the Court’s Order:

• Pending Form I-131F applications will not be adjudicated and intake of new Form I-131F applications will cease.

• Anyone with a future Application Support Center appointment in support of a filed Form I-131F should consider that appointment cancelled immediately. Anyone who appears for such an appointment will be turned away.

• External engagements on the KFT parole process are cancelled. In the coming days, USCIS will publish additional information on how it will handle pending cases and paid application fees.

* * *

USCIS has revised its guidance in the USCIS Policy Manual to align with the Classification for Victims of Severe Forms of Trafficking in Persons; Eligibility for “T” Nonimmigrant Status Final Rule. This rule was published in the Federal Register on April 30, 2024.

T nonimmigrant status, also called a T visa, allows certain victims of human trafficking to stay in the United States for an initial period of up to four years. The final rule strengthens the integrity of the T visa program and ensures eligible victims of human trafficking can get protections and stabilizing benefits in a timely way.

This policy is effective immediately and applies generally to applications pending or filed on or after Aug. 28, 2024, except for the bona fide determination process, which generally only applies to applications filed on or after Aug. 28, 2024. However, regarding pending applications, no provision of the rule applies to an applicant who filed before Aug. 28, 2024, if it would make an applicant who was eligible under the previous regulations, ineligible.

Specifically, this policy guidance:

• Emphasizes and expands on the “any credible evidence” provision and its applicability to applications for T nonimmigrant status;

• Emphasizes a victim-centered and trauma-informed approach to adjudicating applications for T nonimmigrant status;

• Explains the bona fide determination process for applicants for T nonimmigrant status;

• Provides additional exceptions to the general rule that departures from the United States after trafficking render an applicant unable to establish physical presence on account of their trafficking;

• Revises the definition of “law enforcement agency”;

• Clarifies the requirement that an applicant must establish that a perpetrator engaged in a specific prohibited action “for the purpose of” inducing a commercial sex act or subjecting the applicant to involuntary servitude, peonage, debt bondage, or slavery; and

• Explains that an applicant generally must report their trafficking to law enforcement authorities with jurisdiction to investigate their trafficking to satisfy the reporting requirement.

In addition, when an individual whose application is deemed bona fide files Form I-765, Application for Employment Authorization, under category (c) (40), we will consider whether to grant them deferred action and an Employment Authorization Document while we adjudicate their application for T nonimmigrant status. We recommend that applicants submit Form I-765 with their Form I-914, Application for T Nonimmigrant Status. Applicants for T nonimmigrant status don’t need to pay a fee to file Form I-765.