“USCIS announced today that the suspension of premium processing service for religious worker (R-1) nonimmigrant visa petitions will continue at least until January 7, 2009.” USCIS Update, July 9, 2008.

The United States is a country known to welcome the weak, the oppressed and the persecuted. It is a safe haven for those who have suffered at the cruel hands of their countries. However with the “material support bar, “the United States is now turning its back to those who have suffered greatly under the terrorists reign despite this country’s take down terrorism.  

The material support bar is a morally outrageous block to those who truly need the refuge of the United States.  The Immigration and Nationality Act (INA) defines “terrorist group” and “terrorism” to include many people we would not otherwise think of as involved with terrorism. Support provided under even the most extreme duress or coercion now constitutes “material support” to terrorists.  Those individuals deemed to have supported terrorist groups are now barred from eligibility for most U.S. immigration benefits.  

The law does not allow any exception to the material support bar under coercion or duress. It gives no value to how severe the coercion or duress was. It gives no flexibility or understanding to those who were tortured or threatened. It gives absolutely no flexibility to a father who may have given money to a group to avoid any death threats to his children to be carried out. There is no thought to a person who gave her purse to a gunman deemed terrorist who might have shot her husband to death. There is no exception for the minimal amounts of material support. These people who fall under the “material support bar” have no relief. 

Unfortunately those who have the greatest need and reason for U.S. legal protection are barred from any protection. Even the asylees who have gone before a U.S. Immigration Judge and were found to have been persecuted are barred from immigration relief. They will eventually be sent back to their home country unless there is legislative relief. Please write to your local congressman for legislative backing for any waivers of the material support bar. There are many asylees and refugees who desperately need these waivers.   

The Department of Homeland Security (DHS) announced that, beginning June 30, 2008, it will start issuing the Employment Authorization Documents (EAD) with a two-year validity period for individuals who are currently unable to adjust status because an immigrant visa number is not currently available.  This will reduce frustration and inconvenience of renewing employment documents every year.

However, the United States Citizenship and Immigration Services (USCIS) will continue issue EADs with one-year validity period if an individual applies for an EAD with I-485 adjustment of status application or if an immigrant visa number is available at the time of the EAD filing.

Also, if an individual requests a replacement of an unexpired EAD, USCIS will issue a replacement EAD with the same expiration date as the previously issued EAD.  However, if the previous EAD has expired, USCIS will determine the appropriate validity period based on the availability of an immigrant visa number.