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Immigration update opens fee-free review for Sileiri Doe class members

USCIS is allowing eligible Sileiri Doe class members to request reopening or reconsideration of certain adverse immigration decisions without paying a filing fee.

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immigration: Immigration update opens fee-free review for Sileiri Doe class members

Immigration applicants covered by the Sileiri Doe class action may now ask U.S. Citizenship and Immigration Services to reopen or reconsider certain adverse decisions without paying a filing fee, according to an Oct. 26, 2026 USCIS update.

The process applies when an immigration benefit decision may have been affected by the federal government’s April 2025 termination of parole for certain people who entered the United States after scheduling appointments through the CBP One mobile application.

USCIS said the opportunity follows a Sept. 28, 2026 order from the U.S. District Court for the District of Massachusetts in Sileiri Doe v.

Department of Homeland Security, case number 1:25-cv-12245-ADB.

Who may qualify for the fee-free process

The Sileiri Doe class includes people who meet all of the conditions identified by the court and USCIS.

  • They scheduled an appointment to enter the United States through the CBP One mobile application.
  • They were paroled into the United States between May 16, 2023, and Jan. 19, 2025.
  • Their parole was terminated in April 2025 through an email stating, “It is time for you to leave the United States,” or similar language.
  • They remain in the United States.

USCIS said eligible class members may use the process when they believe the April 2025 parole termination contributed to an adverse decision or action on an immigration benefit request.

The agency has not said that every person who meets the class definition will automatically receive a favorable immigration decision.

Which immigration decisions can be reviewed

For this process, USCIS defines an adverse decision as an agency action that denied, dismissed, deemed abandoned, administratively closed, rejected or referred a benefit request to the Executive Office for Immigration Review.

The original USCIS decision generally must have been issued between April 1, 2025, and April 21, 2026.

The fee-free option does not apply to a request for employment authorization based on parole, according to the agency.

USCIS will review each immigration request individually rather than granting relief automatically based only on class membership.

To prevail, a class member must show eligibility for the underlying benefit without considering the April 2025 parole termination.

That means the filing must connect the earlier parole termination to the adverse decision and explain why the immigration benefit should be reopened or reconsidered under the corrected circumstances.

How to request reopening or reconsideration

USCIS said class members must use the form and filing method designated for the type of benefit involved.

For asylum applications, the agency directs applicants to the instructions on the Form I-589 webpage.

For other benefit types, USCIS directs applicants to the Form I-290B webpage and the special instructions for Sileiri Doe class members.

The request must explain how the April 2025 parole termination affected the person’s eligibility and why USCIS should reopen, reconsider or do both.

Applicants should follow the special class-member instructions carefully because USCIS said requests must be filed in the required manner to be accepted and processed appropriately.

The agency’s update does not establish an immigration filing deadline for these requests.

Even without a deadline, applicants may benefit from gathering the relevant notices, prior filings, evidence of parole, CBP One appointment information and the April 2025 termination email before filing.

What changed after the court orders

USCIS said the April 2025 parole termination emails were vacated by the district court on March 31, 2026.

The court also ordered the Department of Homeland Security to reinstate parole for class members.

On April 21, 2026, U.S. Customs and Border Protection updated government databases to restore the class members’ parole periods following the April 2025 terminations.

CBP then issued new parole termination notices.

USCIS emphasized that the Sept. 28, 2026 order addresses certain consequences of the April 2025 parole terminations but does not invalidate the new parole termination notices issued on April 21, 2026.

The distinction is important because the court-related review process concerns the earlier April 2025 termination emails, not necessarily later actions affecting parole status.

USCIS also said the April 2025 emails had no legal effect and could not be used by DHS as the basis for denying applications, making admissibility or detention decisions, or calculating unlawful presence under the cited immigration provisions.

People in removal proceedings face an additional step

People in active removal proceedings should not assume they can send every immigration request directly to USCIS.

USCIS said a Sileiri Doe class member currently in removal proceedings must generally have those proceedings terminated or dismissed by an immigration judge before asking USCIS to reopen or reconsider an asylum application.

The same may apply to some adjustment of status cases, subject to limited exceptions.

If removal proceedings give the immigration court jurisdiction over the matter, USCIS may reject or deny a request because the agency no longer has authority to decide it.

Applicants in this situation should review the USCIS instructions and consider obtaining advice from a qualified immigration attorney or an accredited representative before filing.

The process does not replace an appeal

USCIS said the fee-free Sileiri Doe process is limited to reopening or reconsideration and does not include appeals.

When a benefit category permits an appeal through Form I-290B or another form, normal appeal deadlines, filing requirements and procedures continue to apply.

An applicant should therefore determine whether the prior decision requires an appeal, a motion to reopen, a motion to reconsider or another form of review.

Filing under the class-action process does not appear to suspend ordinary appeal requirements, so applicants should not allow a separate appeal deadline to expire while deciding whether to seek reopening or reconsideration.

Practical steps for eligible class members

  1. Confirm that all four class-membership conditions apply, including the date and manner of parole and continued presence in the United States.
  2. Identify the USCIS immigration benefit request that was denied, dismissed, abandoned, administratively closed, rejected or referred.
  3. Check the date of the adverse action and confirm that it falls between April 1, 2025, and April 21, 2026.
  4. Collect the April 2025 parole termination email, the USCIS decision notice and documents showing the original benefit request.
  5. Explain specifically how the April 2025 termination affected eligibility for the benefit.
  6. Use the USCIS form and special filing instructions for the applicable benefit category.
  7. Keep copies of the complete submission and proof of delivery or electronic filing.

A successful request still requires proof that the applicant qualifies for the underlying immigration benefit under the applicable immigration law and evidence.

The court-related process removes the filing fee for eligible requests, but it does not guarantee approval or eliminate other substantive requirements.

Why the USCIS notice matters

The update gives affected class members a formal route to challenge certain immigration consequences that may have resulted from the April 2025 parole termination emails.

It also clarifies that the agency will examine requests individually and will distinguish the invalidated April 2025 emails from the later parole termination notices issued on April 21, 2026.

For people whose immigration applications were denied or otherwise closed during the covered period, the most important issues are class eligibility, the timing of the USCIS action, the connection between the parole termination and the adverse result, and the correct immigration filing procedure.

Frequently Asked Questions

Who is included in the Sileiri Doe class?

The class generally includes people who scheduled entry appointments through CBP One, were paroled into the United States between May 16, 2023, and Jan. 19, 2025, received an April 2025 parole termination email, and remain in the United States.

What immigration decisions may be reopened without a fee?

Eligible class members may request review of certain USCIS decisions issued between April 1, 2025, and April 21, 2026, including decisions that denied, dismissed, abandoned, administratively closed, rejected or referred a benefit request.

Is there a deadline to file a Sileiri Doe request?

USCIS says the court order does not establish a deadline for class members to request reopening or reconsideration of a covered adverse decision.

Does the fee-free process guarantee approval?

No. USCIS will review each request case by case, and the applicant must still demonstrate eligibility for the underlying immigration benefit without relying on the April 2025 parole termination.

Can people in removal proceedings file directly with USCIS?

Generally, people in removal proceedings must have those proceedings terminated or dismissed before asking USCIS to reopen or reconsider certain asylum or adjustment applications, subject to limited exceptions.

Fact-Checked: This article is based on the USCIS litigation-related update released Oct. 26, 2026, with related USCIS form and removal-proceeding guidance reviewed for context.

Disclaimer: This article provides general information and is not legal advice. Individual filing options may depend on the person’s case history and immigration court status.

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Kamal Deep Singh, RCIC

Kamal Deep Singh, RCIC (Regulated Canadian Immigration Consultant) licensed by CICC (formerly known as ICCRC) with member number R708618. He brings extensive knowledge of immigration law and new changes to rapidly evolving IRCC.

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