- 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
- Re-parole of individuals previously granted parole by USCIS
- Expedited processing of advance parole requests
- Expedited adjudication of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship
- Expedited adjudication of employment authorization applications, where appropriate
- Consideration of fee waivers due to an inability to pay
- Assistance for those who received a Request for Evidence or a Notice of Intent to Deny but were unable to appear for an interview, submit evidence, or respond in a timely manner
- Replacing lost or damaged immigration or travel documents issued by USCIS, such as a Permanent Resident Card (green card)
- Rescheduling of scheduled biometrics appointment
- Visitor: Allows foreign nationals short-term visits to Peru.
- Temporary: Allows foreign nationals to carry out paid activities, study, or undertake training activities, as appropriate to the immigration status assigned.
- Resident: Allows foreign nationals to set up residence in Peru. Foreign nationals with resident status may carry out any kind of paid or for-profit activity as a subordinate, independent, or self-employed person. The resident immigration category is divided into:
- Permanent Resident: Allows foreign nationals to establish permanent residence in Peru. Foreign nationals may apply to obtain this status after 21 months as provisional residents. The specific requirements will be set in regulations.
- Provisional Resident: Allows foreign nationals to perform tasks or activities only during the period of their authorized stay. Maximum term of 2 years.
A foreigner may apply for provisional residence in certain cases: (1) after two years under certain immigration statuses, including humanitarian, investor, religious, worker, and other immigration statuses as determined by Supreme Decree countersigned by the Minister of Interior and Minister of Foreign Affairs; or (2) as an intra-company transfer, applicable to a foreign national who enters Peru as an employee of a multinational company or international corporation and relocates to Peru to work in a company that is part of the same economic group or holding, to serve in a managerial (high-ranking) position, as employee in a position of trust, or as a highly qualified specialist.
Under the “Temporary” category, a new immigration status has been created: Worker—Short-Term Stay (T19), applicable to a foreign national who enters Peruvian national territory to perform work for the public or private sectors, during a brief determined term expected to be up to 30 days, nonrenewable. Short-term stay workers cannot perform paid or for-profit activities on their own account or independently.
Some immigration statuses enable the exercise of certain activities that are also allowed under a different immigration status that is not incompatible, as established in the regulations.
The Ministers of Interior and Foreign Affairs may jointly create new immigration statuses by Supreme Decree for the purpose of developing certain temporary activities. They also can develop subcategories for each immigration status. To exercise duties under the new law, MIGRACIONES and the Ministry of Foreign Relations have sanctioning power under the scope of their authority.
Actions that breach the provisions of the new law constitute punishable offenses. When evaluating the breach, the competent authority must take into account the seriousness of the offense based on proportionality and reasonableness criteria. Unlawful actions are classified as minor, serious, or very serious. National citizens; foreign nationals; transportation companies, operators, or concessionaires; domiciled individuals; and corporations that breach the obligations of the decree are subject to disciplinary proceedings.
For family unity purposes, not only the spouse but the common-law partner (according to the provisions of Article 2049 of the Peruvian Civil Code) is recognized as member of the family unit of a foreign national who can request family reunification.
As noted above, most of the law will be effective 90 working days after the publication of corresponding regulations in the official gazette, El Peruano, unless otherwise provided by law.
- Firm In The News
David Isaacson was a Speaker, There’s Been Some Malfeasance Up Near Brainerd—Ethical Issues to Consider, AILA 2015 Fall CLE Conference: The Absolute Waivers Conference—In the Land of 10,000 Lakes, Minneapolis, MN, October 2, 2015