COFA FAS Drivers, USCIS Signature Rule, AOS & Green Card Policy Memo

A Step Forward for FAS Drivers–But the Fight Isn’t Over

For many COFA community members working in commercial driving, the last few months have brought real uncertainty. A federal rule change earlier this year left FAS citizens–people with the legal right to live and work in the U.S. under the Compacts of Free Association–without a clear path to obtain or renew their commercial driver’s licenses (CDL). 

As of May 14th, the Federal Motor Carrier Safety Administration (FMCSA)  issued a five-year exemption allowing FAS drivers to apply for non-domiciled CDLs/Commercial Learner’s Permit (CLPs) using a valid, unexpired passport and a Form I-94 or I-94A. Although it’s a step forward, COFA citizens still need a permanent fix. Calls to action:

• Contact your U.S. Representatives and Senators and urge them to direct FMCSA to permanently include COFA citizens in standard CDL requirements. 

• If you or someone you know is a CDL holder or applicant, call your state DMV ahead of your visit to confirm they're aware of the exemption–and bring your valid passport and Form I-94.

Check out these resources from the Marshallese Youth of Orange County (MYOC) and The Embassy of Palau for more information and updates.

USCIS Backtracks on AOS and Green Card Policy Change

USCIS announced a policy memo in May that could require some immigrants to return to their home country before applying for Adjustment of Status (AOS) or for a green card. Before, many eligible immigrants could stay in the U.S. while their application was processed.

However, USCIS recently reported to partially walk back from the memo from public pushback, stating that the memo is not an indication of policy change but a reminder for officers of their discretionary authority.

The policy has created uncertainty, especially for people already going through the adjustment process. It could affect immigrants who entered the U.S. legally, including international students, workers on visas, and mixed-status families.This is another restrictive immigration barrier, as our community is already facing a partial travel ban on Tongan nationals, expensive visa bonds impacting several Pacific island nations, and a more biased public charge test for Fijian nationals. Here is a policy tracker with resources to follow updates.

USCIS Signature Rule to Take Effect

Starting July 10, USCIS will require handwritten wet-ink signatures on all immigration forms. Original submissions  must have a fresh wet-ink scan, or photocopy/fax of the original application bearing a wet-ink signature. The following signatures will be considered invalid:

• Copy-pasted signature images

• Reused scanned signature pages

• Stamped signatures

• Signatures by anyone other than an authorized signer

• E-signatures

• Typewritten names

Applications with invalid signatures may be rejected or denied; denied applications will not return the filing fee with the submission.

To avoid rejection or denial, all required forms must be signed in wet ink by the appropriate applicant or authorized individual. Faxed copies are acceptable, but USCIS may request the original document to verify signature

For more information, here is a summary and guidance with the new rule.