July 31, 2020—In a move that will prevent many immigrants from becoming citizens, the Trump administration will dramatically increase fees for naturalization applications and eliminate fee waivers, beginning October 2. The administration also requires people fleeing persecution to pay a fee to apply for asylum, making the United States the fourth country in the world to impose this barrier to asylum applicants. 

“Charging a fee to asylum seekers is particularly heinous,” said Veena Iyer, executive director of the Immigrant Law Center of Minnesota (ILCM). “The asylum officer who called this fee ‘blood money’ got it exactly right.”  

Immigrants who are eligible to apply for citizenship will see fees almost double from the current $640 to $1170 after October 2. Other fee increases apply to replacement of green cards, citizenship certificates, and more.  

Moreover, fee waivers—which have long been accepted and granted for a wide variety of immigration benefits—will be eliminated for most applicants. Five categories of crime, abuse, and trafficking victims protected by specific statutes that USCIS cannot change will still be eligible for fee waivers.   

“Working with low-income immigrants every day, ILCM attorneys see their passion for citizenship and the enormous contributions they make to this country,” said Iyer. “Especially at this time of economic recession and high unemployment, these heartless fee increases and elimination of virtually all fee waivers betray the ideals and values of this country.” 

Anyone who is eligible for naturalization may want to apply now, before the fee increase goes into effect in October. For more information, contact ILCM at (651) 641-1011 or 1-800-223-1368 on Mondays, Tuesdays, and Wednesdays from 9 a.m.-4 p.m. or Thursdays from 1-7:30 p.m.  

(Current as of 7/28/2020)

What does the Department of Homeland Security (DHS) DACA Memorandum say?

DHS issued a memorandum on July 28, 2020 that directs USCIS to reject any initial application for DACA. Any initial DACA application that is filed with USCIS will be returned to the applicant along with the filing fee. This only applies to new applicants that have not been granted deferred action under DACA.

I currently have DACA, and I had submitted a renewal application. Do I need to do anything more to obtain the renewal?

No.  Your DACA renewal application should be processed normally. Recently, renewal applications have been processed within about three to four months. However, any pending applications to renew DACA or any new renewal applications will now only be granted for one year.

I currently have DACA. When should I submit my renewal application?

If your DACA status expires within the next 6 months, you should submit a renewal application as soon as possible. Please contact ILCM at 651-641-1011 on Mondays, Tuesdays, and Wednesdays from 9am to 4pm and on Thursdays from 1pm to 7:30pm for assistance.

I submitted an initial application for DACA after the Supreme Court decision in June. What will happen to my application?

According to the DHS memorandum, USCIS will reject new initial DACA applications. Your application and filing fee will be returned to you by mail. Do not send an initial DACA application without consulting first with a qualified immigration attorney.

I do not have DACA, but I may have been eligible for DACA if the program had not ended in 2017. Can I apply for DACA now?

At this time, no. We are still monitoring whether you can file new initial DACA applications and the potential risks of applying.  Please consult a qualified immigration attorney about your situation. Collect the documents you need to file an initial DACA application so you have them if and when you are able to file since the timeframe to file could be very short. To be eligible for DACA you must prove that you:

• came to the U.S. before turning 16 and were under age 31 as of 6/15/2012;
• have continuously resided in the United States since 6/15/2007;
• are a current student, or had completed high school, or were honorably discharged veterans;
• have not been convicted of a felony, significant misdemeanor, or 3 or more other misdemeanors; and
• do not threaten national security or public safety.

I previously had DACA, but I did not renew it. Can I renew it now?

We believe so. These applications have been accepted in the past, and the DHS memorandum does not say anything about a change. The process will depend on how long ago your DACA expired. If your DACA status expired less than a year ago, you can file a basic renewal packet. If your DACA status expired more than a year ago, you will need to file a new “initial” application, which means you must file all the documentation to show you are eligible for DACA.

Please contact ILCM at 651-641-1011 on Mondays, Tuesdays, and Wednesdays from 9am to 4pm and on Thursdays from 1pm to 7:30pm for assistance.

I previously had DACA, but I was later denied renewal. Can I renew now?

That depends on why your renewal was denied. The requirements for DACA have not changed. If, for example, you were denied because you were convicted of a significant misdemeanor, then you are still not eligible to renew. If you were denied for a technical problem such as missing your fingerprint appointment, then yes, you can renew.

Please contact ILCM at 651-641-1011 on Mondays, Tuesdays, and Wednesdays from 9am to 4pm and on Thursdays from 1pm to 7:30pm for assistance.

Can I apply for advance parole?

The DHS memorandum says that USCIS will reject all pending and future applications for advance parole absent exceptional circumstances. If you filed a form I-131 for advance parole but it is still pending, the application will be rejected and the filing fee will be refunded. If you were already granted advance parole, it will remain

Will DACA be rescinded?

DHS states in the memorandum that they are carefully considering whether to maintain, rescind, or modify DACA. However, in the meantime DHS will refrain from terminating any grants of DACA and work permits for the duration of their validity periods. If you have DACA and continue to be eligible for DACA (i.e. no criminal problems), your DACA will remains valid.

Is there now a pathway to citizenship for DACA recipients?

Unfortunately, no. The June 18, 2020 Supreme Court decision means that the administration’s 2017 attempt to end DACA was invalid, but it does not create a pathway to citizenship. Today’s DHS memorandum further indicates that DHS will continue to review DACA and could still rescind the program. To create a pathway to citizenship for DACA recipients requires that Congress pass and the President sign new legislation such as the Dream and Promise Act. Please consult ILCM’s webpage at www.ilcm.org for the latest developments on these types of immigration reforms.

Where can I call if I have DACA and want to file to renew?

Please contact ILCM at 651-641-1011 on Mondays, Tuesdays, and Wednesdays from 9am to 4pm and on Thursdays from 1pm to 7:30pm for assistance.

Printable PDF version of this FAQ here. 

July 22, 2020 – Today, the United States House of Representatives passed (233-183) the National Origin-Based Antidiscrimination for Nonimmigrants Act (NO BAN) Act. The legislation immediately repeals President Trump’s Muslim and Africa travel bans. It also limits the President’s authority to suspend or restrict non-U.S. citizens from entering the United States in the future. 

On Thursday, July 23, at 11:30 a.m. the Minnesota No Ban Coalition will hold a press conference at the CAIR offices at 2511 E. Franklin Ave #100, Minneapolis, MN 55406. Immigrant Law Center of Minnesota (ILCM) executive director Veena Iyer, among others, will speak at this press conference. 

“We are one step closer to justice for the thousands of people whose lives the bans disrupted,” said Iyer. “These communities want what everyone wants: freedom to proudly express our identities, including our faith, without fear of discrimination. The Immigration and Nationality Act (INA) already prohibits the discrimination with respect to visa applications on the basis of ‘race, sex, nationality, place of birth and place of residence.’ The NO BAN Act necessarily expands those protections to religious groups as well.  Travel bans like the Muslim and African bans institutionalize religious and racial profiling and open the door to other policies that discriminate on the basis of faith, race, sexuality, immigration status, and national origin.” 

The NO BAN Act states that any future travel ban must be temporary and based on credible evidence. The President and Department of State would have to prove that a travel ban is necessary to advance a compelling government interest in response to specific threats to the United States from foreign entities. They would also have to show that a ban is the least restrictive way possible to achieve that end. Future travel bans would be subject to congressional oversight.  

“The NO BAN Act will now make its way to the U.S. Senate” said Iyer. “The Senate must pass the NO BAN Act and ensure that people applying for visas are protected from discrimination.” 

For a PDF printable version of this press release click here. 

In June 2020, U.S. Citizenship and Immigration Services (USCIS) reduced its capacity to print secure documents, such as Lawful Permanent Resident (LPR) Cards and Employment Authorization Documents (EADs), after it ended a contract with an outside company responsible for printing these cards. According to USCIS, it intended to hire federal employees to replace the contractors; however, its financial situation resulted in a hiring freeze that has impacted the printing of these secure cards.

USCIS expects these backlogs will continue for the foreseeable future. Should there be a furlough of USCIS employees on August 3, 2020, card production backlogs will likely increase.

Has your application for Lawful Permanent Residence (LPR) or a work permit been approved but you have not received your card?

The USCIS Ombudsman is assisting individuals whose I-485 and I-765 applications have been approved but whose cards have not yet been produced, by sending weekly spreadsheets to USCIS to verify card requests are in line to be processed. If you are experiencing a delay in receiving your secure document, you may submit a request for case assistance with the Ombudsman at https://www.dhs.gov/topic/cis-ombudsman/forms/7001.

LPRs may obtain proof of their status by requesting a stamp of temporary evidence in a valid passport. Please reach out to USCIS’ Contact Center (800-375-5283) to make an appointment at your local USCIS field office.

Do you have a work permit that is expiring?

Starting January 17, 2017, USCIS automatically extended certain expiring EADs for up to 180 days for applicants who:

• Properly filed for a renewal EAD before their current  EAD expired, and
• Are otherwise eligible for a renewal, which means that:
  • Your EAD renewal is under a category that is eligible for an automatic 180-day extension (see the list of categories below); and
  • The Category on your current EAD matches the “Class Requested” listed on this Notice of Action.  (Note:  If you are a TPS beneficiary or pending applicant, your EAD and this Notice must contain either the A12 or C19 category, but the categories do not need to match each other).

This is in attempt to help prevent gaps in employment authorization and documentation. This extension applies to Form I-765 renewal applications that were still pending on January 17, 2017, and to Form I-765 renewal applications filed on or after January 17, 2017.

The following categories of EADs will be eligible for an automatic extension of up to 180 days:

The eligibility category you listed on your Form I-765 renewal application	Description
(a)(3)	Refugee
(a)(5)	Asylee
(a)(7)	N-8 or N-9
(a)(8)	Citizen of Micronesia, Marshall Islands, or Palau
(a)(10)	Withholding of Deportation or Removal Granted
(a)(12)	Temporary Protected Status (TPS) Granted
(c)(8)	Asylum Application Pending
(c)(9)	Pending Adjustment of Status under Section 245 of the Act
(c)(10)	Suspension of Deportation Applicants (filed before April 1, 1997) Cancellation of Removal Applicants Special Rule Cancellation of Removal Applicants Under NACARA
(c)(16)	Creation of Record (Adjustment Based on Continuous Residence Since January 1, 1972)
(c)(19)	Pending  initial application for TPS where USCIS determines applicant  is  prima facie eligible for TPS and can receive an EAD as a “temporary treatment benefit”.
(c)(20)	Section 210 Legalization (pending I-700)
(c)(22)	Section 245A Legalization (pending I-687)
(c)(24)	LIFE Legalization
(c)(31)	VAWA Self-Petitioners

 

NOTE:  TPS individuals may receive an automatic extension of their employment authorization:

1. Through publication of a Federal Register notice extending the TPS designation of the individual’s country, provided that the Federal Register notice also authorizes an automatic extension of covered individuals’ existing EADs; and/or
2. Through this 180-day automatic extension.