The USCIS has issued a few updates that are relevant and applicable to majority of applicants and petition filers. Take note that what we have here is a summary of updates. For full details, please check the USCIS website.
1.) Temporary waiver of 60-day rule for report of medical examination and vaccination record
Temporarily waives the “60-day rule” requiring that the civil surgeon’s signature on an otherwise valid Form I-693 be no more than 60 days before the applicant files the application for the underlying immigration benefit.
Presently, USCIS considers a completed Form I-693 to retain its evidentiary value for two years after the civil surgeon signed, as long as the date is no more than 60 days before the applicant filed the application for the underlying immigration benefit. This is commonly referred to as the “60-day rule”.
2.) Updated policy on expedite criteria
US Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual regarding criteria used to determine whether a case warrants expedited treatment.
This clarifies criteria and circumstances under which USCIS considers expedite requests from non-profit organizations as determined by the Internal Revenue Service; provides additional examples of when expedite requests made by federal, state or local agencies, including US labor and employment agencies, may be considered; adds examples to further illustrate how the expedite criteria relates to emergencies and urgent humanitarian reasons; explains that some circumstances may affect or delay USCIS’ ability to expedite such as where an application or petition requires inspection or where the expedite request is for an ancillary benefit that depends on a decision on a primary benefit request.
3.) Photographs and signatures for applications for certificates of citizenship
Explains that Form N-600 applicants generally don’t need to submit paper photographs, since USCIS can, in most cases, collect the applicant’s photograph and signature at an ASC appointment; clarifies that the information collected in connection with the form isn’t submitted to the Federal Bureau of Investigation for background checks; paper photographs may still be required for applicants residing outside the US. Children under age five don’t have to submit a fingerprint. Parents or legal guardians may sign for a child under 14; explains that USCIS may consider a Form N-600 abandoned where the applicant fails to appear for an ASC appointment unless USCIS receives a timely change of address or rescheduling request.
4.) Violence against women act self-petitions
Consolidates and updates guidance on eligibility, filing, and adjudication requirements for VAWA-based Form I-360s to reflect current laws and existing practice; changes the interpretation of the requirement for shared residence to occur during the qualifying relationship and, instead, requires the self-petitioner to reside or have resided with the abuser at any time in the past; Implements the decision in Da Silva vs. Attorney General; implements the decision in Arguijo v. USCIS; clarifies how USCIS considers the two-year filing requirement when the self-petitioner’s marriage is terminated, the abusive US citizen family member dies, and the abusive family member loses or renounces US citizenship or LPR status; clarifies that INA 204(a)(2) doesn’t apply when a self-petitioner files a Form I-360 based on a qualifying relationship to an abusive LPR spouse but does apply if the self-petitioner acquires LPR status and subsequently files a family-based spousal petition; provides guidance on special considerations for self-petitions filed subsequent to a Petition for Alien Relative (Form I-130) and an Application to Register Permanent Residence or Adjust Status (Form I-485).
5.) Updating general guidelines on maximum validity periods for employment authorization documents based on certain filing categories
Provides general guidance on the adjudication of Form I-765 as it relates to determining eligibility, reviewing evidence, and issuing a decision; and adds charts outlining EAD validity timeframes for 8 CFR 274a.12(a) and 8 CFR 274a.12(c) categories.
Updates the maximum validity period for initial and renewal EADs from 1 year to 2 years for employment authorization based on 8 CFR 274a.12(a)(3) (admitted as a refugee), 8 CFR 274a.12(a)(5) (granted asylum), 8 CFR 274a.12(a)(10) (withholding of deportation or removal), and 8 CFR 274a.12(c)(31) (VAWA self-petitioner); Updates the maximum validity period for initial and renewal EADs for employment authorization based on 8 CFR 274a.12(c)(11) (parole) and 8 CFR 274a.12(c)(14) (non-DACA deferred action) to the end date of the authorized parole or deferred action period; removes guidance related to the exercise of discretion as it relates to the general adjudication of Form I-765, and specific guidance related to the adjudication of Form I-765 based on a pending application for adjustment of status under INA 245 and deferred action, to remove redundancy and avoid confusion since these topics are sufficiently addressed in the general Form I-765 adjudication guidance.