U.S. Citizenship and Immigration Services is updating the USCIS Policy Manual to clarify flexibilities that may be available to benefit requestors/applicants during and after an emergency or unforeseen circumstance.

The update explains that during certain emergencies or unforeseen circumstances that may present unanticipated challenges to immigration benefit requestors, USCIS may use its discretion to implement certain flexibilities relating to requests for extension of stay and change of status, applications for employment authorization, requests for document replacement, abandonment or failure to respond to requests for evidence, fee waivers, expedited processing, and satisfactory departure.

▸ Emergencies and unforeseen circumstances may include;

▸ Natural disasters (for example, hurricanes, wildfires, or other severe weather);

▸ National emergencies (for example, public health emergencies);

▸ Conflicts abroad; or

▸ Other unforeseen circumstances (for example, terrorist attacks, mass shootings, or cyber attacks) that may present unanticipated challenges to benefit requestors.

The details are explained in the Policy Advisory, Emergencies or Unforeseen Circumstances. The changes will be seen in the Policy Manual at Volume 1, Part H – Emergencies or Unforeseen Circumstances.

The policy update provides that during or after an emergency or unforeseen circumstance USCIS may decide to exercise discretion in various ways in order to avoid cases being negatively impacted by the situation. Some of the actions they may take include:

Domestically, USCIS may apply flexibilities, as appropriate, to individuals affected by natural catastrophes who live in a location that the Federal Emergency Management Agency (FEMA) has identified as a disaster area for purposes of public assistance. See FEMA’s Disasters & Assistance and How a Disaster Gets Declared webpages for more information.

DHS may exercise discretion to defer requirements associated with Employment Eligibility Verification (Form I-9) generally found in INA 274A.

The Secretary of Homeland Security, after consultation with appropriate federal agencies, may designate a foreign state (or any part of such foreign state) for temporary protected status if the conditions in the foreign state fall into one, or more, of the three statutory bases for designation: armed conflict, environmental disasters, or extraordinary and temporary conditions. See INA 244(b)(1).

ICE may allow designated school officials to authorize a reduced course load for students. See 8 CFR 214.2(f)(6)(iii). ICE or USCIS may authorize a temporary change to employment requirements for students. See INA 101(a)(15)(F)(i). See 8 CFR 214.2(f). See Volume 2, Nonimmigrants, Part F, Students (F, M) [2 USCIS-PM F].

USCIS, as well as U.S. Immigration and Customs Enforcement (ICE), may authorize deferred action as a discretionary act of administrative convenience to delay or decline to exercise immigration enforcement authority on a case-by-case basis. See Section 442(c) of the Homeland Security Act of 2002, Pub. L. 107-296 (PDF), 116 Stat. 2135, 2194 (November 25, 2002). See Delegation to the Bureau of Citizenship and Immigration Services​, Delegation 0150.1, signed June 5, 2003 (effective March 1, 2003) (delegating authority to grant deferred action).

The President of the United States may authorize deferred enforced departure for a designated group of noncitizens as an exercise of the President’s power to conduct foreign relations.

USCIS may extend the stay of nonimmigrants present on an expiring visa. See Volume 2, Nonimmigrants, Part A, Nonimmigrant Policies and Procedures, Chapter 4, Extension of Stay, Change of Status, and Extension of Petition Validity [2 USCIS-PM A.4].

USCIS may accept untimely filed applications.  see Volume 2, Nonimmigrants, Part A, Nonimmigrant Policies and Procedures, Chapter 4, Extension of Stay, Change of Status, and Extension of Petition Validity [2 USCIS-PM A.4]. For a discussion of how approved untimely requests could impact a subsequent adjustment of status application, see Volume 7, Adjustment of Status, Part B, 245(a) Adjustment, Chapter 4, Status and Nonimmigrant Visa Violations (INA 245(c)(2) and INA 245(c)(8)) [7 USCIS-PM B.4].

DHS may grant an individual parole or extend the period of time the parole is valid. See INA 212(d)(5)(A). For more information on parole, see the Humanitarian or Significant Public Benefit Parole for Noncitizens Outside the United States webpage.  See 8 CFR 212.5(d). 

USCIS may expedite the processing and production of travel documents or other benefit requests. For general policy on expedite requests related to travel documents, see Part A, Public Services, Chapter 5, Expedite Requests [1 USCIS-PM A.5]. For information on how to make an expedite request, see the Expedite Requests webpage. For information about the criteria for evaluating such requests see Part A, Public Services, Chapter 5, Expedite Requests, Section A, Expedite Criteria or Circumstances [1 USCIS-PM A.5(A)]. For information on emergency issuance of certain travel documents, see the Emergency Travel webpage. For filing requirements, see instructions for Form I-131.

USCIS may extend the time provided for applicants to respond to a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) or accept late-filed responses or late-filed Motions to Reopen/Reconsider. See 8 CFR 103.3(a)(2)(v)(B)(2) and 8 CFR 103.5(a)(1)(iii). Only a motion to reopen may be excused as late. However, the appellate period for a revocation on notice is generally 15 days, so an appeal filed after 15 days could be treated as a motion. See 8 CFR 205.2. See Part B, Submission of Benefit Requests, Chapter 4, Fee Waivers and Fee Exemptions, Section E, Emergent Circumstance [1 USCIS-PM B.4(E)]. See USCIS’ Immigration Relief in Emergencies or Unforeseen Circumstances webpage and the Frequently Asked Questions on the USCIS Fee Rule webpage.

USCIS could waive filing fees. See Part B, Submission of Benefit Requests, Chapter 4, Fee Waivers and Fee Exemptions, Section E, Emergent Circumstance [1 USCIS-PM B.4(E)]. See USCIS’ Immigration Relief in Emergencies or Unforeseen Circumstances webpage and the Frequently Asked Questions on the USCIS Fee Rule webpage.

SUMMARY OF CHANGES

Affected Section: Volume 1, General Policies and Procedures Adds new Part H (Emergencies or Unforeseen Circumstances).
USCIS may also make other minor technical, stylistic, and conforming changes consistent with this update.

Citation
Volume 1: General Policies and Procedures, Part H, Emergencies or Unforeseen Circumstances [1 USCIS-PM H] (Chapters 1-3).

CASE ASSISTANCE

U.S. Citizenship and Immigration Services (USCIS) is updating guidance in Volume 1, Part A, of the USCIS Policy Manual to include current case assistance and feedback avenues.

The Policy Manual update:

• Recommends that stakeholders submit a change of address through the self-service change of address tool in their USCIS online account as soon as possible;
• Updates how USCIS resolves address discrepancies;
• Updates information on our case assistance tools and resources to reflect the expansion of online tools and resources;
• Replaces program-specific case assistance information with a link to our Contact Us webpage, where stakeholders can find detailed, program-specific assistance information;
• Updates our response time goals for service requests from 15 calendar days to 15 business days, which is current USCIS practice. It also removes the timeframe for processing priority requests but retains priority processing for certain categories; and
• Updates and clarifies information on providing feedback to USCIS. 

CITATION
Volume 1: General Policies and Procedures, Part A, Public Services [1 USCIS-PM A] (Chapters 1- 4, 7, 9, and 10).