USCIS Updates (May 03-08)

POLICY ALERT – Removing Guidance Related to the 2020 Civics Test. (May 4, 2023)

In general, applicants for naturalization must demonstrate a basic understanding of the English language and a knowledge and understanding of civics. On December 1, 2020, USCIS implemented a revised naturalization civics test (“2020 civics test”). However, USCIS reverted to using the 2008 test on March 1, 2021. 

For a brief period of time, USCIS offered both the 2020 and 2008 versions of the test to accommodate certain applicants who may have already been studying for the 2020 test. However, USCIS no longer administers the 2020 civics test, therefore guidance related to this version of the test is no longer necessary. To reduce confusion and ensure that applicants prepare for the appropriate version of the test, USCIS is removing references in the Policy Manual to the 2020 civics test. 

This guidance, contained in Volume 12 of the Policy Manual, is effective immediately. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance.

USCIS Providing Documents After Notice of Immigration Judge and BIA Decisions About Immigration Status (May 04, 2023)

USCIS is now affirmatively creating and providing documented evidence of the status to certain new asylees and lawful permanent residents upon their (USCIS) receiving notification that an immigration judge or the Board of Immigration Appeals (BIA) has granted status. Individuals granted asylum and lawful permanent resident status are still instructed and encouraged to contact the USCIS Contact Center to request their proof of status because USCIS may not be notified in every case. 

USCIS’s field offices may now be able to provide this documentation by mail instead of having asylees and lawful permanent residents schedule an in-person appointment, eliminating an unnecessary burden to an individual who has been granted their status by an immigration judge or the BIA. USCIS began this effort in August 2022 by mailing Form I-94, Arrival/Departure Record, with asylee stamps to certain individuals who have been granted asylum by an immigration judge or the BIA. USCIS also has been issuing Permanent Resident Cards, also known as Green Cards, to some lawful permanent residents when they are notified that the immigration judge or BIA has granted an adjustment of status.

By providing this evidence, USCIS can help ensure that new asylees and lawful permanent residents may seek employment, travel, and obtain other benefits they are entitled to.

USCIS Extends and Expands Employment Authorization for Hong Kong Residents Covered by DED (May 03, 2023)

U.S. Citizenship and Immigration Services (USCIS) posted a Federal Register notice on the extension and expansion of eligibility for Deferred Enforced Departure (DED) for Hong Kong residents. The notice also explains how eligible residents of Hong Kong may apply for Employment Authorization Documents (EADs).

On Jan. 26, 2023, President Biden issued a memorandum extending and expanding DED for certain Hong Kong residents for 24 months. Eligible Hong Kong residents covered under DED as of Jan. 26, 2023, may remain in the United States through Feb. 5, 2025, and are eligible to work in the United States.

There is no application for DED. Hong Kong residents are covered under DED based on the terms described in the president’s directive. Eligible Hong Kong residents may apply for an EAD by filing Form I-765, Application for Employment Authorization.

The memorandum also directs DHS to extend employment authorization for Hong Kong residents covered under DED and to provide for the prompt issuance of new or replacement documents in appropriate cases. USCIS is automatically extending the validity of Hong Kong DED-based EADs through Feb. 5, 2025, for those who already have an EAD with an A-11 category code on the card and an expiration date of Feb. 5, 2023. These EADs remain valid, even though the expiration date on the face of the card has passed. An individual does not need to apply for a new EAD to benefit from this automatic EAD extension. Individuals who want a new DED-based EAD showing a Card Expires date of Feb. 5, 2025, must file Form I-765.

DHS may provide travel authorization at its discretion to those covered under DED for Hong Kong. Individuals who wish to travel outside of the United States based on DED must file Form I-131, Application for Travel Document, to request advance parole.