Immigration Status & Public Charge

Headline:

It will be significantly harder for anyone who entered the US after May 11, 2023, to receive asylum.

Last-reviewed: 10am, June 9, 2023

Key Resources:

• U.S. Citizenship and Immigration Services (en Español)
• Protecting Immigrant Families Coalition

The Basics

• Many families are mixed status, meaning members have different immigration statuses. This is because things like country of origin, date of entry, relationships, age, traumatic experiences can all effect an individual person’s status.

The Breakdown

• Immigration Court: Care teams can help people navigate the operating rules of their local Immigration Court. Care teams can also help people find case information online with their 9-digit alien registration number (A-#########) or by calling the Executive Office of Administration Review at 1-800-898-7180.
• Application Status: Care teams can help people find information about their application status online with their 13-digit receipt number (three letters followed by ten numbers).
• Delays: Processing times for immigration applications are significantly delayed. Care teams can help people can check the average processing times based on location and application type.
• Extensions: USCIS has announced the end of COVID-related extensions. Individuals must respond to requests from USCIS by the deadline listed on the notice or request. Care teams can refer applicants to the USCIS extension announcement.
• Asylum: A new asylum rule applies to anyone who enters the US after May 11, 2023. With very limited exceptions, the rule requires applicants to apply for asylum in any country they pass through on the way to the US and to have a screening interview before entering legally with a visa or parole. Care teams can refer applicants to an attorney through their local legal service agency or the American Bar Association.
• Naturalization: When lawful permanent residents apply for naturalization, USCIS will automatically extend their green card for 24 months. USCIS has also simplified the disability waiver to make the naturalization process more accessible for applicants with disabilities. To ensure they have up-to-date information, care teams can refer people to the USCIS Naturalization page.
• Temporary Protected Status: DHS designates countries for TPS when conditions make it unsafe for nationals to return, allowing them to apply to stay in the US legally. Due to significant processing delays, USCIS is allowing workers to use their expired employment authorization and their renewal receipt to prove they are allowed to work in the US. Care teams can help people use USCIS to see if their country is on the list and find application materials.
• Humanitarian Parole: Parole allows people to enter the U.S. and remain in the U.S. lawfully.  Parole can be granted based on personal need or public benefit. To ensure they have up-to-date information, care teams can refer people to the USCIS Humanitarian Parole page.
• Legal Permanent Residents: When lawful permanent residents apply to renew their status, USCIS now automatically extends their green card for 24 months. To ensure they have up-to-date information, care teams can refer people to the USCIS Green Card Renewal page. Even though green cards have a new design, older versions can still be used as identification, proof of immigration status, and work authorization.
• DACA: Care teams can refer current DACA recipients that although USCIS is not accepting new applications, current DACA recipients can still renew their status. DACA recipients must use the new renewal form.
• Visas: Some visa types have limits to how many can be issued each year. After reaching the cap for H2-B visas for non-agricultural temporary works, the limit was raised. For up-to-date information, care teams can refer people to the US State Dept.
• Work Authorization: When certain applicants apply to renew their work authorization, they will have a 540-day automatic extension. People with pending U-Visa applications are also now eligible to obtain employment authorization. Care teams can find information on who qualifies for this extension at the USCIS Employment Authorization page. Even though employment authorization documents have a new design, older versions can still be used.

The Bottom Line

• Care teams can help families navigate immigration-related resources and demystify the evolving immigration policy landscape, especially as it relates to public charge.