Transcript Refugee and Asylee Adjustment of Status
Presented by Lutheran Immigrant and Refugee Service and World Relief October 10 and 13, 2011
We will cover: Basic eligibility Review I-485 Form Filing and processing issues Other Issues 2
“Mo” is a refugee who comes to your office. He has heard that he needs to talk to you about getting his green card. He knows nothing about what this means or what he is supposed to do. You are a great caseworker so you spend time interviewing Mo and finding out his story, including some issues that might be a problem for what you tell him is called his application for lawful permanent residence. 3
You find out that in Mo’s culture it is common to have multiple wives. He had to divorce all but one of them to come here. He lives with her but would like to take another wife as well.
He also has a lot of children. He came with most of them but he didn’t know where all of them where when he applied for refugee status, so he did not list them all.
He is an active member of his mosque and was in his home country as well.
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Mo is getting nervous with all of the questions you are asking and decides that it sounds like a hassle and he does not have much money. He asks you why should he and his family even go about this process?
You have not done a lot of adjustment cases, so you look through your notes. You explain what you have learned from trainings and your experience.
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◦ Live and work permanently in US May travel to and from the US without special authorization (with Refugee Travel Document) Limited time period allowed outside US or deemed to have abandoned status May apply for naturalization after meeting requirements As LPR, can petition for unmarried adult children (whereas can’t on I-730) But: May be deported 6
INA Section 209 ◦ Refugees shall adjust under INA Sec. 209(a); 8 CFR Sec. 209.1
Unadjusted refugees may be detained! Asylees may adjust under INA Sec. 209(b); 8 CFR Sec. 209.2
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◦ ◦ ◦ Parolees are allowed to adjust if specific adjustment legislation for them.
Cuban parolees:
Cuban Refugee Adjustment Act of 1966 (P.L. 89-732) and § 203(c)(3) of P.L. 104-114, Cuban Liberty and Democratic Solidarity Act
March 4, 2008 USCIS memo (attached) explains timing and procedure for Cuban parolees filing for renewal of parole, EAD, and adjustment May apply one year after receive parole 8
• Former Soviet Lautenberg parolees: Lautenberg Amendment to Foreign Operations Appropriations Act of 1990 (P.L. 101-167, or H.R. 3743), was updated annually through FY 2011 but not currently renewed Under current legislation and government interpretation, former Soviet Lautenberg parolees who entered the U.S. by 9/30/11 in parole status will be allowed to adjust status (see USCIS information in attachments) Currently no deadline on when they must apply under the law, but may and should apply after one year of entering U.S.
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◦ ◦ ◦ ◦ INA Sec. 209(a) Admitted as a refugee under INA Sec. 207 One year of physical presence Refugee status not terminated Admissible Regulations-8 CFR § 209.1 10
◦ ◦ ◦ ◦ ◦ INA Sec. 209(b) Granted asylum under INA Sec. 208 One year of physical presence Continue to meet refugee definition Not firmly resettled and Admissible Regulations - 8 CFR § 209.2 11
◦ ◦ ◦ ◦ One year physical presence Counted from date of initial admission/grant Cumulative Need not be continuous Travel outside US does not restart clock 12
◦ ◦ ◦ ◦ ◦ Derivative asylees must still be derivatives to adjust Derivative spouse must still be married to the principal Derivative child cannot be married Principal must still be alive Principal cannot be a U.S. citizen Meet other requirements listed on the previous slides 13
◦ ◦ ◦ Nunc Pro Tunc Asylum Applications Where asylee derivative’s status as spouse or child of principal asylee ends (principal dies, child marries, spouses divorce), s/he will need to file a “nunc pro tunc” I-589 asylum application to be eligible to adjust status Generally a bare-bones I-589 and copy of the principal’s I-589 if possible Derivative will be interviewed at local Asylum Office Not to determine eligibility for asylum in own right, but to verify derivative is in the US and her identity 14
◦ ◦ ◦ CSPA applies to unmarried derivative children over 21 If child named on refugee or asylum application of principal, and was unmarried and under 21 yrs old on date principal applied, then child preserves derivative status as long as stays unmarried through adjustment CSPA does not apply to asylum applications filed prior to August 6, 2002 See USCIS CSPA information attached 15
Requirements the same as for principals For adjustment purposes, it doesn’t matter whether the derivative refugee continues to be a derivative or not (unlike with asylees) 16
All identity documents All immigration documents All medical records and exam Birth certificates for children Evidence of one year physical presence (usually I-94) 17
Must go over all questions with client Encourage client to be truthful and as accurate as possible 18
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1. Health-related grounds (§212(a)(1)) 2. Criminal-related grounds (§212(a)(2)) 3. National security grounds (§212(a)(3)) 4. Economic grounds (§212(a)(4)) 5. Labor protection grounds (§212(a)(5)) 25
6. Illegal Entry and Immigration Violations (§212(a)(6)) 7. Documentation Requirements (§212(a)(7)) 8. Military Service Grounds (§212(a)(8)) 9. Prior Removals/Unlawful Presence (§212(a)(9)) 10. Miscellaneous Grounds (§212(a)(10)) 26
Eligibility- Inadmissibility
Inadmissibility grounds which do not apply to refugees and asylees under INA 209(c)
◦ ◦ Public charge: INA Sec. 212(a)(4) Labor certification: INA Sec. 212(a)(5) ◦ Immigration documents: INA Sec. 212(a)(7) Generous waiver of inadmissibility available for refugees and asylees Email [email protected]
◦ ◦ for copy of: Sept. 2011 webinar on Grounds of Inadmissibility, or Feb. 2011 webinar on Terrorism-Related Grounds of Inadmissibility: As They Affect Refugees & Asylees in the United States 27
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Form I-485 Form I-693 Application to Register Permanent Residence Form G-325a Biographic Information Sheet Medical Examination Report and Vaccination Supplement ◦ completed by civil surgeon ◦ submitted in sealed envelope Form I-602, Application by Refugee for Waiver of Grounds of Excludability (if necessary) Evidence of refugee/asylee/parolee status and one year physical presence – Form I-94 (copy) Birth certificate (copy), if available Evidence of any name change Photos (2) I-765 and I-131 if desired 37
◦ ◦ Asylees and parolees: complete entire Form I 693 Asylee derivatives who had medical overseas: Form I-693 only parts 1 (info about you) and vaccination section of part 2, and part 5 unless: Class A condition was noted on the overseas medical exam report or More than one year from eligibility to file for adjustment Refugees: I-693 only parts 1 (info about you) and vaccination section of part 2, and part 6 Local public health department doctors may complete vaccination supplements for refugees 38
◦ ◦ ◦ Forms and Fees: USCIS website: http://www.uscis.gov/portal/site/uscis/menuitem.5a
f9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf 2c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnex tchannel=db029c7755cb9010VgnVCM10000045f3d6 a1RCRD Form I-485 application fee: $985 For applicants under 14 years of age: Filing with the I-485 application of at least one parent have a fee total of $635 Biometrics fee (between age 14-79): $85 Fee waivers available for asylees and humanitarian parolees No fees for refugees (I-485, biometrics) 39
If fee actually paid, fee includes initial and renewals as necessary, as long as I-485 pending, of:
I-765 Application for Employment Authorization Document (EAD) and I-131 Application for Travel Document, All forms should be filed concurrently if possible, but can file later with copy of I-485 receipt See USCIS Q and A on fees and bundling (attached) Note that the bundling explanation is still accurate to our knowledge, but this document does not reflect the most updated fees and filing locations. 40
Based on inability to pay See 8 C.F.R. § 103.7 (c) Use form I-912 (though not required) Is available for asylees, and individuals under “an adjustment provision that does not require you to prove that you are not likely to become a public charge, such as the Cuban Adjustment Act, the Haitian Refugee Immigration Fairness Act, or similar provision” Form I-912, instructions, page 1, letter E Also can use for Lautenberg parolees 41
Always go to USCIS website for most current instructions: http://www.uscis.gov/portal/site/uscis/menuite m.5af9bb95919f35e66f614176543f6d1a/?vgnex
toid=3faf2c1a6855d010VgnVCM10000048f3d6a 1RCRD&vgnextchannel=db029c7755cb9010Vgn VCM10000045f3d6a1RCRD ◦ ◦ Currently….Initial adjustment applications: Cuban and Lautenberg parolees: currently file at Chicago Lockbox Refugees and asylees: currently file at Phoenix or Dallas lockbox, depending on your residence 42
◦ ◦ ◦ ◦ See I-485 instructions and attached documents on: Updated version on where to file the I-485 form Updated info where to file separate I-765 USCIS to Issue Employment Authorization and Advance Parole Card for Adjustment of Status Applicants: Questions and Answers Filing Directions to Obtain Employment Authorization and Advance Parole Card Where Adjustment of Status Application is Pending 43
“Secretary of DHS or AG may waive any . . . provision of such (inadmissibility) section . . . with respect to such an alien for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest.” See I-602 Guidance Attached 44
◦ ◦ ◦ Form I-602 - Application by Refugee for Waiver of Grounds of Excludability (Inadmissibility) On basis of: Humanitarian considerations, Family unity, and/or Public interest Include an affidavit Document humanitarian considerations/family unity/public interest No fee ** Submit waiver w/I-485 or wait for USCIS to request** **Discretionary, decided on case-by-case basis** 45
Waivers of Inadmissibility
Form I-602 may not be required if:
◦ applicant inadmissible under other than health related grounds; ◦ USCIS records contain sufficient information; and ◦ No negative factors 46
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Medical waivers
Form I-602 Complete Form I-693 Medical Examination Report Evidence the applicant is receiving appropriate medical treatment a vaccine is medically inappropriate compliance with vaccination requirements would contradict religious or moral convictions 47
Parolees do not qualify for I-602 refugee/asylee waiver Would need to do a regular I-601 waiver 48
Adjustment Processing
KEEP A COMPLETE COPY OF THE APPLICATION PACKET FOR YOUR OFFICE AND GIVE CLIENT A COMPLETE COPY SEND BY CERTIFIED MAIL WITH RETURN RECEIPT REQUESTED 49
What to expect next after filing?
Receipt of filing will go TO THE APPLICANT (no longer representative) Biometrics – ASC appointment notice Possible RFE Possible Interview Decision I-551 Mailed to Client 50
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Lockbox issues…
Entire file is scanned into EDMS (Enterprise Document Management System) in preparation for eventual electronic filing. No staples, number pages, etc… Lockbox adjudicates fee waivers Questions? Contact [email protected]
Biometrics • Application Support Center (ASC) • All applicants aged 14-75 must be fingerprinted 51
◦ ◦ ◦ ◦ Request for Evidence (RFE) Given between 30-90 days to respond Must submit all requested documents/information at same time Cannot be extended Best way to deal with an RFE is not to get one ◦ Case holds Common esp. if possible TRIG issues 52
◦ ◦ ◦ ◦ ◦ ◦ ◦ Interview – usually only if there is an issue Local USCIS field office Arrests, convictions Police report and/or court-certified final disposition TRIG cases Suspected fraud Drug/abuser drug addict Travel to country where fear persecution Other (random audits, e.g.) 53
◦ ◦ Decision Approval I-551 Permanent Resident Card produced in Corbin, KY Mailed to applicant’s home address Denial No appeal Motion to Reopen or Reconsider within 30 days Usually placed in removal proceedings where waiver of inadmissibility denied 54
◦ Refugees LPR as of date of admission ◦ Asylees LPR as of one year prior to date of approval adjustment application of 55
Other Issues
◦ Change of address after application is filed ◦ ◦ AR-11 USCIS/Service Center Error on card ◦ Form I-90: Applicant error ◦ Form I-90: USCIS error (no fee) Error on initial I-94 Try to correct with I-485 or wait until naturalization?
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Questions?
Thank you!
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