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New and Proposed Rules and Policy Guidance

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Fee Waivers (Form I-912)

On July 9, 2015, CLINIC submitted a second round of comments concerning revisions to Form I-912 (initial comments were submitted in May). On August 6, 2015, USCIS met with advocates to discuss further. At that time, USCIS indicated that it had received sufficient feedback on the proposed revision and no further comments were to be collected. Although Form I-912 indicates that it expired May 31, 2015, the May 10, 2013 version or other previous versions may be used until a new version is issued.

Expansion of the Provisional Waiver Program

On July 22, 2015. USCIS published a proposed rule that would expand the current provisional waiver program in two significant ways: (1) allowing other immigrant visa applicants and (2) allowing Lawful Permanent Resident (LPR) parents and spouses to be “qualifying relatives”. At the present time, only U.S. citizen parents and spouses qualify. (For more information, read our article.) 

In preparing its comments to the proposed rule, CLINIC collected feedback from affiliates representing all regions of the United States. CLINIC submitted comments on September 18, 2015. CLINIC will continue to monitor the progress of this initiative and is now preparing for the release of policy memoranda that would define the extreme hardship standard.

Board of Immigration Appeals Recognition & Accreditation

On September 17, 2015 the Executive Office for Immigration Review (EOIR) announced a new proposed rule governing recognition and accreditation (R&A).  It also issued two final rules, each addressing various aspects of legal representation. The proposed rule is titled Recognition of Organizations and Accreditation of Non-Attorney Representatives. The two final rules are titled List of Pro Bono Legal Service Providers for Individuals in Immigration Proceedings and Separate Representation for Custody and Bond Proceedings.

On September 21, CLINIC staff hosted a webinar in which it presented each proposed change and explained the implications for nonprofit organizations. CLINIC is soliciting comments for each of the key areas of proposed change and is working actively with its network of affiliates and other national organizations to provide formal written comments to EOIR by the November 30th deadline.  CLINIC chairs the BIA R&A liaison group, a forum to discuss comments on the proposed rules. Please submit comments here.

USCIS Form N-400, Application for Naturalization

On Monday, September 28, USCIS announced the extension of a comment request period for proposed revisions to Form N-400. USCIS is requesting comments on its proposed updates to Form N-400, Form N-400 Instructions, Public-facing guidance, and USCIS's proposed online N-400 form.  Comments are due by November 12, 2015. (80 FR 58292, 9/28/15). 

Draft Extreme Hardship Policy Guidance for Waiver Applications

On October 7, 2015, USCIS circulated draft guidance interpreting the term “extreme hardship” and explaining how it should be applied to waiver applications. The proposed policy guidance is in draft form only and has not yet gone into effect.

The guidance would set forth, in greater detail and specificity, how adjudicators should weigh various hardship factors in a waiver application. For example, applicants would only have to establish extreme hardship to the qualifying relative if that family member were to relocate with the applicant or remain in the United States separated from the applicant, depending on which is more reasonably foreseeable.  Currently, the waiver applicant has to establish extreme hardship under both scenarios. 

In addition, the guidance lists five special circumstances that strongly suggest the existence of extreme hardship. One of the listed special circumstances is when the State Department has issued a travel warning with respect to a country or a region of a country.

Comments on the draft guidance are due on November 23, 2015. CLINIC will be preparing model comments and circulating them to affiliates. Please see the link below from USCIS to access the text of the draft guidance and contact us at if you have any specific questions or comments.