USCIS: Immigration Relief Measures for Nepali Nationals

After the devastating magnitude 7.8 earthquake in Nepal that has left over 7,500 dead, US Citizenship & Immigration Services (USCIS) today announced several immigration relief measures that may be available to Nepali nationals who are affected by this tragedy. The relief measures that may be available to eligible Nepali nationals include:

• Change or extension of nonimmigrant status for an individual currently in the United States, even if the request is filed after the authorized period of admission has expired;

• A grant of re-parole;

• Expedited processing of advance parole requests;

• Expedited adjudication and approval, where possible, of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;

• Expedited adjudication of employment authorization applications, where appropriate;

• Consideration for waivers of fees associated with USCIS benefit applications, based on an inability to pay; and

• Assistance replacing lost or damaged immigration or travel documents issued by USCIS, such as Permanent Resident Cards (green cards).

USCIS acknowledges that natural catastrophes and other extreme situations can occur outside the control of foreign nationals and affect their immigration status, application, or petition. USCIS has therefore established these humanitarian measures for foreign nationals affected by such disasters to help them obtain the benefits for which they qualify. 

UPDATE: USCIS announced that Nepal has been designated for Temporary Protected Status (TPS) for eighteen months because of the conditions resulting from the devastating earthquake. Eligible nationals of Nepal residing in the United States may apply for TPS effective June 24, 2015, through December 24, 2016. During the designated period, eligible nationals of Nepal (and those without nationality who last habitually resided in Nepal) will not be removed from the United States and may receive an Employment Authorization Document (EAD). USCIS has eligibility requirements and instructions on applying.

The Ebola Crisis and the Effect on Travel From Western Africa

Liberian national, Thomas Eric Duncan, has become the first person to die in the US from the effects of the Ebola virus. Anti-immigration critics were using Mr. Duncan's immigration status (he was reportedly in the US on a visitor visa) to advocate for travel restrictions or bans for those from the West African nations hardest hit with the worst Ebola outbreak in history. Calling the late Mr. Duncan another "visa mistake," Jessica Vaughan of The Center for Immigration Studies estimated that there are about 13,000 people from Liberia, Sierra Leone, and Guinea with valid visas to travel to the US, and faulted the Obama administration on their refusal to "use immigration controls even to protect the homeland."  (Senator Ted Cruz suggested restricting or banning flights to West Africa and one US general expressed apocalyptic-type fears of mass immigration to the US border by infected Central Americans.)  In addition, a recent survey found that a majority of respondents wanted flights from the "Ebola" countries banned.

President Obama called the Ebola outbreak a matter of national security and said that the "ability of people who are infected to carry that [Ebola virus] across borders is something that we have to take extremely seriously." While the president did not discuss visa bans or restrictions, in response to the US outbreak and the death of Mr. Duncan, federal officials announced they will begin additional screenings at five US airports, including Kennedy International Airport here in New York City, for passengers from Liberia, Sierra Leone, and Guinea. 

The Department of Homeland Security explained how such screenings would work for travelers as they exited their home country and subsequently attempted to enter the US. Travelers will be given information on Ebola and its symptoms before being questioned about their exposure to Ebola and having their temperature taken. If travelers have a fever or have been exposed to Ebola, they will be referred to the Centers for Disease Control and Prevention (CDC) for additional evaluation. For the late Mr. Duncan, these temperature screenings would not have mattered in all likelihood, as he reportedly did not display symptoms until several days after he entered the US. 

The State Department indicated that while they ordered the departure of family members of Embassy staff in Monrovia and Freetown due to lack of routine health care services, their "Embassies remain open and will continue business as usual in Guinea, Liberia, Nigeria, and Sierra Leone. They also said: "We remain deeply committed to supporting regional and international efforts to deliver health care as well as contain and control the transmission of the Ebola virus."

The US Embassy in Monrovia, Liberia has stated that visa applicants will be screened for symptoms of Ebola and any visitors exhibiting symptoms will be asked to leave and reschedule the interview. In general, the US Embassies in West Africa have posted information on the US government's fight against Ebola, including the "White House Fact Sheet" detailing the US government's four-point strategic response:

• Controlling the epidemic at its source in West Africa;

• Mitigating second-order impacts, including blunting the economic, social, and political tolls in the region;

• Engaging and coordinating with a broader global audience; and

• Fortifying global health security infrastructure in the region and beyond.

To meet these goals the government is using US military and broader uniformed services for command, logistics, training and engineering, and is providing new resources, such as health care and hospital staff, Ebola Treatment Units, protection kits, and home health care kits, in addition to the resources, staff, health specialists, and emergency supplies already provided.

As we reported, US Citizenship & Immigration Services still has certain immigration-relief measures for nationals of Guinea, Liberia, and Sierra Leone who are currently in the US.

The White House Fact Sheet notes: "Every outbreak of Ebola over the past 40 years has been contained, and we are confident that this one can—and will be—as well."

USCIS: Ebola Outbreak-Related Immigration Relief Measures

As the worst Ebola crisis in history continues for West Africa--with over 3,000 suspected and confirmed cases--US Citizenship & Immigration Services (USCIS) has introduced relief measures for nationals of the affected countries who are currently in the US. USCIS--which has offered relief measures in response to such previous natural catastrophes and extreme situations as Typhoon Haiyan in the Philippines, Hurricane Sandy, and the Icelandic volcano eruption--says the following may be available (when specifically requested) to affected nationals of Guinea, Liberia, and Sierra Leone:

• Change or extension of nonimmigrant status for an individual currently in the United States, even if the request is filed after the authorized period of admission has expired;

• Extension of certain grants of parole made by USCIS;

• Expedited adjudication and approval, where possible, of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;

• Expedited processing of immigrant petitions for immediate relatives (currently in the United States) of U.S. citizens;

• Expedited adjudication of employment authorization applications, where appropriate; and

• Consideration for waiver of fees associated with USCIS benefit applications.

USCIS has more information here about measures for these "special situations," and notes, for example, that applicants requesting an extension or change-of-status due to the crisis must "show how it is directly connected to the disaster." Meanwhile, DJs in Africa are releasing rap and dance tracks ("Ebola Is Real") to educate about Ebola and prevent the spread of the disease.

US Immigration Response to Typhoon Haiyan

USCIS has issued a press release highlighting the ways Filipino nationals affected by Typhoon Haiyan can make use of certain immigration relief measures. Since natural disasters can affect "an individual’s ability to establish or maintain lawful immigration status in the United States," USCIS offers these benefits (which apply to not only Filipino nationals but others affected by natural disasters or extreme situations): 

• Change or extension of nonimmigrant status for an individual currently in the United States, even when the request is filed after the authorized period of admission has expired;
• Extension of certain grants of parole made by USCIS;
• Extension of certain grants of advance parole, and expedited processing of advance parole requests;
• Expedited adjudication and approval, where possible, of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
• Expedited processing of immigrant petitions for immediate relatives of U.S. citizens and lawful permanent residents (LPRs);
• Expedited adjudication of employment authorization applications, where appropriate; and
• Assistance to LPRs stranded overseas without immigration or travel documents, such as Permanent Resident Cards (Green Cards).

More information on these humanitarian relief measures and others is here. It is also important to be aware of any scams.