Palmer Polaski Blog

On June 16, 2021, the Attorney General mercifully vacated precedential decisions in Matter of A-B– and Matter of L-E-A- that were intended to restrict asylum. The prior decisions obstructed those seeking asylum benefits as a result of domestic abuse and gang violence due to familial ties. The old precedent also intended to severely limit eligibility […]

USCIS updated policy guidance in its Policy Manual regarding applicants’ registration to vote through a state’s department of motor vehicles or other state benefit application process and the effects on an applicant’s good moral character (GMC). This is a key development because applicants for naturalization must demonstrate GMC during the required period of time immediately […]

USCIS has temporarily suspended the biometrics submission requirement for certain applicants filing Form I-539, requesting an extension of stay or a change of status to H-4, L-2, or E nonimmigrant status. USCIS will allow adjudications for those specific categories to proceed based on biographic information and related background checks, without capturing fingerprints and a photograph. […]

Effective June 9, USCIS announced new policies on expedited processing, Requests for Evidence (RFEs), Notices of Intent to Deny (NOIDs), and employment authorization documents. These policies seek to alleviate the negative impact of application process delays and offer applicants additional opportunities to request that their applications be expedited. In addition, the new policies demand more […]

On June 7, 2021, the Supreme Court unanimous held in Sanchez v. Mayorkas that a grant of Temporary Protected Status (TPS) does not qualify as being “admitted and inspected” for purposes of adjustment of status. Prior to this decision, federal circuit courts were split on the issue. Accordingly, many TPS recipients living in parts of […]

TPS for Venezuelans: DHS has designated Venezuela for Temporary Protected Status (TPS) for 18 months, effective 3/9/21 through 9/9/22. The notice also provides information about Deferred Enforced Departure (DED) and DED-related EADs for eligible Venezuelans. TPS Extended for Syria: USCIS announced the extension of the designation of Syria for TPS for 18 months, from 3/31/21 […]

Effective April 22, the DHS will provide relief to Syrian and Venezuelan citizens who are in the United States as lawful F-1 nonimmigrant status. DHS has recognized that due to the ongoing armed conflict and extraordinary and temporary conditions in Syria and the current humanitarian crises in Venezuela, F-1 nonimmigrant students who rely on financial […]

USCIS has experienced delays at certain lockboxes in issuing receipt notices for Form I‐765 for optional practical training (OPT) for F‐1 students. These delays are due to COVID‐19 restrictions, a dramatic increase in filings of certain benefit requests, postal service volume and delays, and other external factors. In an effort to address the problem, USCIS […]

On March 18, 2021, Virginia passed legislation allowing for juvenile and family courts to retain jurisdiction of matters where a child has petitioned the court to make findings that would allow them to apply for Special Immigrant Juvenile Status (SIJS) before the age of 21. The law goes into effect on July 1, 2021. Juveniles […]

On April 16, 2021, President Biden signed an order limiting U.S. refugee admissions to 15,000 despite previously promising to increase the refugee admissions to 62,500 in this fiscal year and promising in February to raise the admissions rate to 125,000. This cap on admissions matches President Trump’s historical low in 2020, where actual refugee admissions […]