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Immigration News Briefs

Provided by Humera Subhani

October 2023

Some progress in new visa bulletin

On September 15, the Department of State released the October visa bulletin, which was the first bulletin for fiscal year 2024. Although there was some expected movement forward in most categories, it was not as much as anticipated, leaving many waiting applicants quite frustrated at the long delays. The DOS did note that they would go by quarterly limits so there may be further advancements throughout the fiscal year.

On a bright note, USCIS determined that applicants can use the “Filing Dates” charts instead of the “Final Action Date” charts for both family- and employmentbased categories. What this means is that applicants can file adjustment of status applications much earlier than the final action priority dates, which will impact a significant number of immigrants who are in the U.S. waiting to change status. As for those waiting for consulate appointments, it will be a longer wait until the final action
dates move forward.

DACA updated upon federal court ruling

On September 13, 2023, the U.S. District Court for the Southern District of Texas issued a decision finding the Deferred Action for Childhood Arrivals (DACA) Final Rule unlawful and expanding the original July 16, 2021, injunction and order of vacatur to cover the Final Rule. However, the court maintained a partial stay of the order for “all DACA recipients who received their initial DACA status prior to July 16, 2021.”

Accordingly, current grants of DACA and related Employment Authorization Documents (EADs) remain valid until they expire, unless individually terminated. However, USCIS will continue to accept and process DACA renewal requests and accompanying applications for employment authorization under the DACA regulations at 8 CFR 236.22 and 236.23, as it has since October 31, 2022, in accordance with this decision. USCIS will continue to accept initial requests, but per the order, not process initial DACA requests.

Currently valid grants of DACA and related EADs will continue to be recognized as valid under the Final Rule. This means that individuals with DACA and related EADs do not have to submit a request for DACA or employment authorization until the appropriate time to seek renewal.

Online appointment request form launched

USCIS has launched a new online form for individuals, attorneys, and accredited representatives to request an in-person appointment at their local field office without having to call the USCIS Contact Center. This online appointment request form allows individuals or legal representatives to request an in-person appointment (at a field office only) for ADIT stamps, Emergency Advance Parole, Immigration Judge Grants, and more. It is not a self-scheduling tool and individuals cannot schedule their own appointments with USCIS. The USCIS Contact Center will review submitted forms and the availability of in-person appointments at a specific field office. Individuals may request a specific date and time for an in-person appointment, but USCIS cannot guarantee that the requested appointment date will be scheduled. USCIS will confirm and schedule the individual for an available in-person appointment date and time.

The Contact Center may need to contact an individual either by phone or email depending on the appointment reason and urgency, using the reference number provided to them at the time the request was submitted. For more information, visit my.uscis.gov/appointment

APPLICATION FINAL ACTION DATES FOR OCTOBER 2023

FAMILY	India	Pakistan/Bangladesh
1st	01Jan15	01Jan15
2A	08Feb19	08Feb19
2B	22Sep15	22Sep15
3rd	**08Jan09**	**08Jan09**
4th	18Oct05	22Apr07

EMPLOYMENT	India	Pakistan/Bangladesh
1st	01Jan17	Current
2nd	01Jan12	08Jul22
3rd	**01May12**	01Dec21
Other	**01May12**	01Aug20
4th	01Jan19	01Jan19
5th	15Dec18	Current1B

DATES FOR FILING VISA APPLICATIONS - OCTOBER 2023

FAMILY	India	Pakistan/Bangladesh
1st	01Sep17	01Sep17
2A	01Sep23	01Sep23
2B	01Jan17	01Jan17
3rd	01Mar10	01Mar10
4th	22Feb06	01Mar08

EMPLOYMENT	India	Pakistan/Bangladesh
1st	01Jul19	Current
2nd	15May12	01Jan23
3rd	01Aug12	01Feb23
Other	01Aug12	15Dec20
4th	01Mar19	01Mar19
5th	01Apr22	Current1B