The USCIS published a proposed rule in the Federal register on July 22, 2015 that would expand the current provisional waiver program in two significant ways. The agency is allowing the public 60 days to comment on the proposed regulatory change.
During July, U.S. Citizenship and Immigration Services (USCIS) undertook a number of extraordinary actions to urgently retrieve approximately 2,600 three-year work permits it claims were erroneously issued or mailed to recipients of Deferred Action for Childhood Arrivals (DACA) and to replace them with two-year permits.
The non-minister permanent residence program that includes religious brothers and sisters (religious vocations) and other non-minister religious positions (religious occupations) is scheduled to expire on 09/30/2015 unless it is renewed by Congress. If past experience is an indicator, we have every reason to believe that the program will be extended as it has been renewed several times.
On July 5, 2015, the U.S. Citizenship and Immigration Service (USCIS) issued a policy memo declaring that the “lawful status” requirements of the immigrant regulations for religious workers would no longer be considered when adjudicating the I-360 immigrant petition. In addition, USCIS will amend Title 8 CFR Sec. 204.5(m)(4) and (11) and remove the lawful status requirements from the immigrant regulations for religious workers. Prior to this change, to be eligible for permanent residence a religious worker needed to demonstrate that he/she had at least two years of experience (as a religious worker) and if that experience was gained in the U.S., the religious worker must have shown that he/she maintained lawful status (and work authorization) during that time. With this announcement, the lawful status requirement is eliminated and USCIS will not deny religious worker I-360 petitions on this basis.