USCIS EXTENDS COVID-19 RELATED FLEXIBILITY

On October 24^th, USCIS issued a renewed automatic extension of 60 days to the due date of several types of requests and notices. This extension applies to Requests for Evidence, Continuations to Requests for Evidence, Notices of Intent to Deny, Notices of Intent to Revoke, Notices of Intent to Rescind, Notices of Intent to Withdraw TPS, and Motions to Reopen an N-400. This extension applies through January 24, 2023 and is effective for any request or notice that was issued between March 1, 2020 and January 24, 2023.

HOMELAND SECURITY SECRETARY DESIGNATES ETHOPIA FOR TEMPORARY PROTECTED STATUS AMID CIVIL WAR

Ethiopia is currently enduring the one of the longest and bloodiest ongoing civil conflicts in the world. Tens of thousands of civilians and soldiers have lost their lives since November 2020, when the federal and regional Tigray governments declared each other illegitimate. In response, the Biden administration finally announced on Friday that Ethiopians who continuously reside in the United States as of October 20,2022 will be able to apply for TPS, deferral from deportation and work permits. The initial grant of TPS is only an 18-month designation.

ADMINISTRATIVE APPEALS OFFICE DECISION RESCINDED BY USCIS AND UPDATES ADDED TO THE TPS TRAVEL AUTHORIZATION

In accordance with the policy memorandum issued by USCIS earlier this year, advanced parole will no longer be the method used to allow TPS beneficiaries to travel. A new TPS travel authorization will be provided which will serve as evidence of prior consent for travel and also as evidence that the TPS holder may be considered “inspected and admitted” for immigration purposes. This will allow TPS beneficiaries to qualify as “present in the United States pursuant to lawful admission,” even if they were present without admission or parole when they were initially granted TPS status. Due to these changes, TPS holders will finally have a possible pathway to citizenship by applying for adjustment of status under INA 245. 

NOTICES OF INTENT TO TERMINATE EB-5 REGIONAL INVESTMENT CENTERS RECEIVE AUTOMATIC EXTENSION

USCIS notifies EB-5 petitioners of its intent to terminate the regional center license for a variety of reasons, but the most common are failure to continue to serve the purpose of promoting economic growth and failure to timely file the annual I-924A annual report with the associated USCIS filing fee of $3,035. Under Federal law, regional centers have 30 days in which to respond to a NOIT. However, USCIS has issued a 60-calendar day automatic extension to any of the Notices that were dated between March 1, 2020 and January 24, 2023.