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Immigration News Briefs

Provided by Humera Subhani

August 2024

Potential legal status for “Dreamers”

In June, the Biden Administration had announced relief measures for undocumented spouses of U.S. citizens, called Parole in Place. In addition to the updated Parole in Place eligibility, the administration also announced a new policy which eases “the visa process for U.S. college graduates, including Dreamers.”

The new policy will allow DACA recipients and others who have graduated with a degree from a U.S. college or university to “more quickly receive work visas,” if they have been offered a full-time, permanent job from a United States employer in a field related to their area of study.

“Recognizing that it is in our national interest to ensure that individuals who are educated in the U.S. are able to use their skills and education to benefit our country, the administration is taking action to facilitate the employment visa process for those who have graduated from college and have a high-skilled job offer, including DACA recipients and other Dreamers,” the fact sheet read.

The Deferred Action for Childhood Arrivals (DACA) program was first implemented via executive action by President Barack Obama in June 2012. DACA recipients, known as “Dreamers,” can receive work authorization in the United States, enroll at colleges and universities, and obtain a driver’s license. However, DACA does not currently provide recipients with a legal pathway to citizenship or even a valid legal status.

While the exact regulations have not yet been published, Biden’s initiative could allow DACA recipients to process for nonimmigrant work visas/status, which could in turn put them on a legal pathway to citizenship. Applicants have been unable to file initial applications for DACA since July 2021 because of various federal court rulings. More information on this program will be announced later this summer.

Updates for family-based immigrant visas

USCIS has updated guidance in the USCIS Policy Manual on family-based immigrant visa petitions (including Form I-130, Petition for Alien Relative and, in limited situations, family-based Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant), including explaining how it will handle correcting approval notice errors, requests for consular processing or adjustment of status on the beneficiary’s behalf, and routing procedures for approved petitions.

If you are a petitioner submitting an I-130 you must inform USCIS of the beneficiary’s current address and whether the beneficiary wants consular processing with the Department of State National Visa Center (NVC) or adjustment of status in the United States, if eligible. Providing this information causes USCIS to keep the approved petition for adjustment of status processing or send it to the NVC for consular processing, as appropriate. If you do not provide accurate information on the petition, it can delay the immigrant visa or adjustment of status process. For example, if USCIS keeps a petition because you provided inaccurate information, you must generally file Form I-824, Application for Action on an Approved Application or Petition, with the appropriate fee, to transfer the petition to the NVC.

APPLICATION FINAL ACTION DATES FOR AUGUST 2024

FAMILY	India	Pakistan/Bangladesh
1st	22Oct15	22Oct15
2A	15Nov21	15Nov21
2B	01May16	01May16
3rd	01Apr10	01Apr10
4th	22Jan06	01Aug07

EMPLOYMENT	India	Pakistan/Bangladesh
1st	01Feb22	Current
2nd	15Jul12	15Mar23
3rd	22Oct12	01Dec21
Other	22Oct12	01Jan21
4th	01Jan21	01Jan21
5th	01Dec20	Current1B

DATES FOR FILING VISA APPLICATIONS - AUGUST 2024

FAMILY	India	Pakistan/Bangladesh
1st	01Sep17	01Sep17
2A	15Jun24	15Jun24
2B	01Jan17	01Jan17
3rd	01Jan11	01Jan11
4th	15Jun06	01Mar08

EMPLOYMENT	India	Pakistan/Bangladesh
1st	08Feb22	Current
2nd	22Jun12	22Mar23
3rd	01Nov12	01Feb23
Other	01Nov12	08Jan21
4th	01Feb21	01Feb21
5th	01Apr22	Current1B