New Policy for RFE, Expedited Processing; Adjustment EADs Extended to 2 Years

Recently, the USCIS has announced some important policy updates in the agency's Policy Manual.  The following three are the more important updates: 

EAD Validity Extended to 2 Years

Applicants for adjustment of status usually need to wait for a long period of time before their I-485 is adjudicated and approved.  In the interim, they are eligible to apply for EADs to work and to apply for driver's licenses.  For many years, USCIS only issued EAD cards valid for one year only because the I-485 was expected to be approved within one year.  However, due to the lengthy processing times of the I-485 applications, USCIS has increased the current one-year validity period to two years for adjustment of status applicants. Note, replacement EADs are not covered by this new policy; they only get the validity period of the original EAD.  

Expedited Processing of Applications

1) The meaning of an emergency situation for the purpose of requesting for expedited processing of applications has been expanded by USCIS. As an example given by USCIS, an urgent need to travel to obtain medical treatment is now considered an emergency. This policy change is extremely important for applicants of I-131 travel documents such as advance paroles, refugees travel documents and reentery permits.  The current processing times for these applications range from a few months to more than a year.  Premim processing service is also not available.  Many applicants do have urgent need to travel and expedited processing is the only way that they can use to request for faster processing of their applications. 

2) USCIS also restores the ability for nonprofit organizations to request discretionary expedited service, as long as those requests are in furtherance of the cultural and social interests of the United States.  This service is available even though premim processing service is available for the subject application. 

3) USCIS also allows expedited processing of applications for noncitizens in removal proceedings. Oftentimes, applicants who face removal proceedings depend on a benefit application in order to defend themselves against deportation.  Expediting their applications can be literally a life saver for many of them. 

2013 Guidance on RFEs Restored

1) USCIS restores its 2013 policy guidance regarding issuance of RFEs and NOIDs.  Under that policy, USCIS officers generally must issue RFEs in cases involving insufficient evidence before issuing a denial. The only exception is if the officer determined that there was "no possibility" that additional evidence could overcome the reasons for denial.  By doing so, USCIS has reversed a 2018 policy that has allowed officers to deny an application if an applicant fails to submit the required initial evidence without first sending an RFE or NOID. 

2) Additionally, it also emphasizes that officers should not issue unnecessary RFEs and NOIDs.  If evidence  submitted by applicant is sufficient to establish eligibility, officers should not issue RFEs and NOIDs. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.)