USCIS Has Been Busy Expanding Access to Legal Immigration and Restoring Some Humanitarian Protections

U.S. Citizenship and Immigration Providers (USCIS) has begun implementing insurance policies in latest weeks which develop entry to lawful immigration standing, employment, and humanitarian protections for individuals who have been beforehand underneath assault by the Trump administration. ‘

These newest developments embrace a redesignation of Momentary Protected Standing (TPS) for Haitians, a brand new coverage on U.S. citizenship for kids born overseas to surrogates, quicker and simpler entry to Social Safety playing cards for inexperienced card candidates, and Deferred Enforced Departure (DED) for residents of Hong Kong.

Momentary Protected Standing for Haitians

On July 30, USCIS introduced how eligible Haitians at present in the US can apply for TPS.

TPS is a brief immigration standing supplied to sure nationals whose dwelling international locations are experiencing issues that make it tough or unsafe to be deported to these international locations. TPS permits eligible nationals of the designated international locations to dwell and work in the US for a specified interval.

The Division of Homeland Safety (DHS) final designated TPS for Haitians in 2010 following an earthquake in that nation that killed hundreds of individuals. That designation was renewed till 2017 when the Trump administration tried to let it expire. A court docket blocked this choice all through the rest of the Trump presidency.

Secretary of Homeland Safety Alejandro Mayorkas introduced the renewed TPS designation for Haiti on Might 22. The brand new designation will allow each these Haitians who have already got TPS to resume it, and people who weren’t granted TPS in 2010 to use for the primary time. In explaining the explanations for the designation, Mayorkas pointed to the nation’s “severe safety considerations, social unrest, a rise in human rights abuses, crippling poverty, and lack of primary assets, that are exacerbated by the COVID-19 pandemic.”

Haiti’s TPS designation will likely be in impact for a interval of 18 months. USCIS estimates that the designation will permit roughly 155,000 Haitians at present dwelling in the US to stay and work within the nation till February 3, 2023.

The TPS redesignation for Haiti follows related actions by the Biden administration for Burma, Somalia, Syria, Venezuela, and Yemen.

Deferred Enforced Departure for residents of Hong Kong

USCIS will quickly start accepting functions for DED from sure residents of Hong Kong. DED, like TPS, permits beneficiaries to stay and work in the US for a specified time period.

President Biden introduced the DED designation for Hong Kong residents on August 5. The president defined the designation by pointing to the erosion of “human rights and elementary freedoms” of Hong Kong residents underneath a nationwide safety regulation imposed by the Chinese language authorities. The DED designation will stay in impact for 18 months (till February 5, 2023).

Earlier this 12 months, the Biden administration reinstated DED for Liberia on January 20, and the Trump administration designated Venezuela for DED on January 19.

New coverage on U.S. citizenship for kids born overseas to surrogates

On August 5, USCIS introduced a revised interpretation of U.S. immigration regulation that can permit youngsters born overseas to folks who used “assisted reproductive expertise” (ART)—comparable to surrogacy—to qualify for lawful everlasting residence and U.S. citizenship. Beforehand, the company required {that a} little one’s genetic dad and mom be married to 1 one other for the kid to be thought of eligible for everlasting residence or citizenship.

Below the brand new coverage, youngsters born overseas to married {couples} that embrace a U.S. citizen won’t have to have a organic connection to the U.S.-citizen mother or father with a purpose to be meet the eligibility necessities. The kid will likely be thought of eligible so long as one mother or father is a U.S. citizen and one mother or father is both genetically associated to or gave start to the kid.

This coverage ends unjust discrimination towards same-sex {couples} whose youngsters are born exterior the nation by means of surrogacy.

Social Safety playing cards for inexperienced card candidates

On August 9, USCIS introduced that inexperienced card candidates can now apply for a Social Safety quantity or a alternative Social Safety card as a part of the appliance course of. Earlier than this announcement, people needed to apply for a Social Safety quantity or alternative card at a Social Safety workplace—utterly separate from the immigration course of.

Due to the change, the shape for a inexperienced card—the “Utility to Register Everlasting Residence or Alter Standing,” or Kind I-485—will now embrace questions which offer the data wanted to use for a Social Safety quantity or alternative card. That info will likely be transmitted electronically to the Social Safety Administration, which can then routinely assign an authentic Social Safety quantity or problem a alternative card, saving immigrants a go to to the Social Safety workplace.

USCIS has been busy this 12 months restoring the entry of noncitizens to a few of its applications, whereas additionally rising the effectivity of different applications. Though a lot work stays to be achieved, these are steps in the best path.

FILED UNDER: inexperienced card, TPS