Categories News & Updates USCIS

USCIS now approving EADs without APs to improve EAD processing times

USCIS has delayed the adjudication of I-131 Advance Parole applications for travel documents. Routinely, these forms are submitted and adjudicated concurrently with I-765 forms requesting work authorization for employment-based green card applicants. Approved applicants receive an EAD card (employment authorization document) with the notation “Serves as I-512 Advance Parole” included on the card.

 

However, recent applicants have been receiving their EADs without the advance parole notation. Without this notation, applicants cannot use the card for international travel. In the event that an applicant leaves without I-512 Advance Parole, they will not be allowed to reenter the country unless they have another means for entry, such as a temporary visa.

 

After the American Immigration Lawyers Association (AILA) reached out to USCIS for comment, the agency confirmed that “the processing change is intentional as the agency is working through the EAD backlog and is prioritizing EAD adjudication as it seeks to avoid applicants experiencing a lapse or prolonged lapse in employment authorization. At present, there is no additional information available on the scope or duration of this procedural change.”

 

Current processing times for I-131 forms granting travel authorization are 10-20 months, while current processing times for I-765 requests for work authorization are 7-14 months at all major USCIS processing centers. We anticipate that processing times for Advance Parole will increase even more due to this change.

 

Please contact your Graham Adair attorney with any specific questions, or contact us at info@grahamadair.com; +1 408 715 7067.

Categories Global News & Updates

E.U. Lifting Travel Restrictions for Select Countries; U.S. Travelers Excluded

The E.U.?s European Commission is actively planning to re-open its borders on July 01, 2020 for select countries and have noted countries otherwise not selected will be temporarily barred from entering E.U. member states. The countries that will be allowed in are: Algeria, Australia, Canada, Georgia, Japan, Montenegro, Morocco, New Zealand, Rwanda, Serbia, South Korea, Thailand, Tunisia, Uruguay, and China (Subject to reciprocity). Notable countries that are not on the list include travelers from the United States, Russia, and Brazil. The E.U. cites COVID-19 concerns as the reason for the temporary policy.

 

It appears that the most recent E.U. directive is an extension of the already-implemented E.U. travel restrictions that took effect on March 17, 2020. Currently and through June 30, 2020, the E.U. and Schengen Associated countries continue to suspend all non-essential travel from third countries into the E.U.+ area. The ?E.U.+ area? includes 30 countries: all 26 E.U. member states (including the UK) as well as the four Schengen Associated states: Iceland, Liechtenstein, Norway, and Switzerland.? Exemptions include all EU citizens, and citizens of the Schengen Associated states, and their family members for the purpose of returning home, and non-EU citizens who are long-term residents in the E.U. The newly implemented entry regulations, that will take effect on July, 01, 2020, lifts the travel restrictions to the above-mentioned countries.

 

The new E.U. directive continues to affect wide-spread travel into the E.U.+ entering from specific countries, including for both personal and business travel, while it exempts student visa holders, highly-skilled non-EU workers, and other work permit categories.

 

Companies should continue to consult with a Graham Adair attorney when coordinating any international travel for their employees to ensure country-specific entry requirements are met. Graham Adair will continue to closely monitor developments and provide updates accordingly.

Categories Department of State News & Updates

Trump Announces Plans to Temporarily Stop All Immigration to U.S.

President Trump tweeted late Monday that he will sign an executive order temporarily suspending immigration to the United States. His announcement cited the coronavirus pandemic, as well as the millions who have become unemployed in recent weeks.? There are significant questions that are yet to be answered around this announcement: exactly when and how this will be implemented, who it will cover, and how long it will be in effect.? It does seem to indicate that the President plans to extend immigration restrictions beyond those already in place to travelers coming from most of Europe, China, Canada, Mexico and Iran.

 

Graham Adair will continue to monitor the situation and provide updates here as they become available.?If you have any questions, please contact your Graham Adair representative.