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Court orders the complete restoration of the DACA program.

Posted on Dec 05, 2020

On Friday, December 4, 2020, a U.S. federal judge ordered the Trump administration to completely restore the DACA program and to open it up to new applicants. Pursuant to the court order, the U.S. Department of Homeland Security (DHS) was instructed to post a public notice by Monday, December 7, 2020 which states that DHS…

Eddie Van Halen (January 26, 1955 – October 6, 2020) – Another Immigrant who lived the American Dream!

Posted on Nov 02, 2020

For as long as I can remember, I have always been passionate about music. When I was 12 years old, I started playing the guitar, with dreams of becoming a rock and roll star when I grew up (LOL!). One of my idols at that time was Eddie Van Halen, from the band Van Halen,…

USCIS Announces Transfer of I-751 Petitions from the Texas Service Center (TSC) to the National Benefits Center (NBC)

Posted on Oct 30, 2020

USCIS has recently announced that it transferred certain I-751 Petitions to Remove Conditions on Residence from the Texas Service Center, where they were pending, to the National Benefits Center (NBC) for further processing. Why did USCIS Transfer the I-751 Petitions to NBC?  When necessary, USCIS transfers cases between its five service centers in order to…

U.S. Department of Homeland Security to Resume applying Final Public Charge Rule

Posted on Sep 24, 2020

Based on the September 11, 2020 ruling of the United States Court of Appeals for the Second Circuit, the U.S. Department of Homeland Security (DHS) will resume applying the Final Public Charge Rule on a nationwide basis. This means that DHS will apply the Public Charge Rule to all applications and petitions that were postmarked…

Nunc Pro Tunc Asylum = applying for asylum in your own right

Posted on Sep 22, 2020

As I explained in a previous blog post on Nunc Pro Tunc Asylum procedures, sometimes Derivative asylees are cut off from their ability to adjust status and obtain permanent residence through their Principal asylee because of something that happened after they were granted asylum.  For instance, if a Principal asylee dies or naturalizes, the Derivative…

Instructions for Submitting Documents to the National Visa Center

Posted on Sep 18, 2020

Recently, the United States Department of State (DOS) issued specific instructions for submitting documents to the National Visa Center (NVC). As some of you may know, the NVC is the branch of the DOS which facilitates the processing of immigrant visas (including K-1/K-3 visas) after they are approved by USCIS. After reviewing the instructions, I…

Options for Green Card Holders seeking proof of U.S. immigration status to comply with I-9 requirements.

Posted on Sep 16, 2020

The global COVID-19 pandemic has resulted in many disruptions to USCIS processes and procedures.  In addition to field office closures and processing delays, many permanent residents have reported that they are having a difficult time obtaining proof of their U.S. immigration status from USCIS after their green card or other evidence of status has expired. …

USCIS Extends Additional Flexibility Measures for Responding to Certain Requests

Posted on Sep 15, 2020

On September 11, 2020, USCIS again announced that in response to the global COVID-19 pandemic it would extend additional flexibility measures and grant additional time to certain applicants, petitioners, and requestors who were responding to certain agency requests. Q: Which USCIS Requests, Notices, and Decisions are covered by the Extension? A: The Extension of Additional…

New USCIS Policy: TPS recipients who travel abroad will resume the same immigration status upon reentering the U.S.

Posted on Sep 02, 2020

On August 20, 2020, USCIS issued a Policy Memorandum which may have a major impact on Temporary Protected Status (TPS) recipients who travel and re-enter the U.S.  Prior to this new Policy, TPS recipients who had originally entered the U.S. without inspection (EWI) could obtain advance parole by filing form I-131, leave the U.S., and…

USCIS issues Guidance Reconsidering the DACA Program

Posted on Aug 27, 2020

On August 21, 2020, the United States Department of Homeland Security issued a memorandum which provides guidance regarding its recent decision to “reconsider” the future of the DACA Program.  Along with a USCIS memorandum that was issued in July 2020, the following policies have been put into place: Validity of DACA Grants.  All DACA requests…

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