Immigration Lawyer Portland

USCIS Relaxed Immigration Policies during Covid-19 Coronavirus Pandemic

On March 18th, 2020, U.S. Citizenship and Immigration Services temporarily suspended in-person services in h­opes to slow the spread of COVID-19. USCIS plans to reopen offices on or after June 4th, 2020, unless there is an extension in public closures. USCIS continues to process green cards, work permits, asylum applications, and other paper-based requests. To adapt to new limited circumstances informed by COVID-19, USCIS has recently been flexible in certain immigration policies in order to avoid service delays and disruptions for the benefit of applicants and petitioners. Listed below are new relaxed policies and immigration flexibilities implemented by USCIS to accommodate for constraints caused by the pandemic.

Waiving Green Card Interviews
While family and employment-based green card applicants typically attend in-person interviews at USCIS field offices before their green cards are approved, these interviews have been canceled until at least June 3rd. However, there are wide reports that USCIS has relaxed this green card interview requirement for employment-based green card applicants during this pandemic as a means of avoiding dense delays in the future.

Note that no formal policy has been released by USCIS confirming that the interview requirement will be waived, but this appears to have been occurring as many employment-based green card applicants with canceled interviews have had their green card statuses approved. Because no formal statement has been released yet by USCIS, as of May 7th, there is no guarantee that this will be the case for all employment-based green card applicants, however, it seems that as long as all other documentation is present, USCIS will adjudicate permanent residence applications.

While some marriage-based green card applicants have also been approved without interviews, it is likely that the interview process will not be waived, because of the importance in screening cases for fraud. Note that this waiving of appointments does not apply to citizenship applications.

Reusing Previous Biometrics 

For extensions of benefits like work permits, USCIS will reuse biometrics (that is, required submission of fingerprints and a digital photo) collected during previous applications. Often, however, USCIS will issue original work permits without any new collection of biometrics, reusing previously-collected biometrics collected on other occasions, such as upon entry to the United States.

EAD Renewal Application Flexibilities 

In resonance with other biometric-related measures taken by USCIS to reduce delays in adjudication, USCIS announced flexibility for Employment Authorization Documents (EAD) renewal applications by reusing prior biometrics for renewal applicants.

Relaxed “Wet” Signature Requirement  

USCIS has announced that it will temporarily accept filings with electronically-reproduced copies of original signatures instead of normally required “wet” signatures for all benefit forms and documents dated March 21 and beyond from both attorneys and applicants. USCIS has stated that it is safer for clients and attorneys to avoid in-person meetings. So long as an original document contains an original handwritten signature, it can be scanned, faxed, photocopied or similarly reproduced. USCIS may request copies of such original documents in the future, so employers are advised to retain copies. Note that USCIS does not allow any electronic signatures on its forms or petitions, so the petitioner or applicant must have access to a printer and a scanner to reproduce a signed paper form for USCIS filing. USCIS forms are protected from alteration, so even if the petitioner or applicant attempts to do so, they cannot be electronically signed.

Extensions of Certain Deadlines

USCIS has also extended the time by which applicants are able to respond to an RFE, NOID, NOIR, and NOIT if the notice was issued between March 1st and May 1st by a period of 60 days following the date of issuance.

Flexibility in the Visa Waiver Program
In the midst of the COVID-19 pandemic, many foreign nationals who were in the U.S. have been stranded and unable to leave. Normally, most individuals can visit the U.S. for a 90-day period without a visa according to the Visa Waiver Program. However, many of these foreign national travelers in the U.S. have overstayed their 90-day stays due to flight cancellations and the recent Presidential Proclamations that restrict entry from the Schengen Area countries, the U.K, and Ireland. CBP and USCIS are assisting travelers to obtain a supplementary 30-day extension called “Satisfactory Departure.” These foreign national individuals may request this extension from the USCIS by contacting the USCIS Contact Center.

Otherwise, such foreign nationals may request “Satisfactory Departure” by contacting the Deferred Inspection unit of Customs and Border Protection (CBP) at the international airport where they entered the country or the international airport closest to their current location. These extension processes are crucial for visitors who have overstayed their 90-day periods, because an overstay of this period completely will prevent visitors from utilizing the Visa Waiver Program in the future.