Applicants for U.S. Permanent Residence must now provide proof that they have been vaccinated against COVID-19
Under a new regulation that goes into effect on October 1, 2021, all applicants for U.S. permanent residence (green cards) must prove that they have been vaccinated against COVID-19. In most cases, applicants who file for adjustment of status (Form I-485) in the U.S. or who file an immigrant visa application with the U.S. Department…
DHS designates Haiti for Temporary Protected Status (TPS)
On Tuesday, August 3, 2021, the Department of Homeland Security (DHS) announced that it had designated Haiti for Temporary Protected Status (TPS) for a period of 18 months, from August 3, 2021 through February 3, 2023. This designation of TPS will allow eligible nationals from Haiti to apply for protected status and also to apply…
What is my “Eligibility Category” on my i-765 Application for Employment Authorization?
A common question that many people seem to have when they are completing their I-765 Application for Employment Authorization is: What is my “Eligibility Category?” This question is found on item 27 (page 3) of the current I-765 Application (Edition date 08/25/20). In order to appreciate the answer to this question, it is important that…
Once again … USCIS announces additional extension of time to respond to certain Agency Requests
On June 24, 2021, USCIS announced that in response to the global COVID-19 pandemic it would extend (for the fifth time) additional flexibility measures and grant additional time to certain applicants, petitioners, and requestors who were responding to certain agency requests. This extension is a continuation of the original extension that USCIS announced on March…
USCIS Update to the Nunc Pro Tunc Asylum Filing Procedure
In a previous blog post, I wrote about the nunc pro tunc asylum procedure which provides certain asylees with a way to adjust status and get their permanent residence even after they have lost their derivative relationship with the principal asylee (ie. due to Naturalization of the principal, death of the principal, or marriage of…
USCIS announces additional extension of time to respond to certain Agency Requests
USCIS again announced that in response to the global COVID-19 pandemic it would extend (for the fourth time) additional flexibility measures and grant additional time to certain applicants, petitioners, and requestors who were responding to certain agency requests. This extension is a continuation of the original extension that USCIS announced on March 30, 2020. This…
Department of State updates instructions for Immigrant Visa Applicants who were refused under Presidential Proclamations 9645 or 9983
The United States Department of State has provided updated instructions on immigrant and nonimmigrant visa processing after the rescission of Presidential Proclamations 9645 and 9983. These Trump-era Proclamations temporarily suspended entry into the United States of certain nationals, depending on visa type, who were from Burma, Eritrea, Iran, Kyrgyzstan, Libya, Nigeria, North Korea, Somalia, Sudan,…
The End of the Trump-era Public Charge Rule
Its official! The Trump-era Public Charge Rule has found its way to the dust bin of history. Acting on a joint request from the Biden Administration (which refused to defend the policies in court) and the Plaintiff that was challenging the Rule, on March 9, 2021 the U.S. Supreme Court dismissed a case that was…
What happens if I get divorced after I file a Joint I-751 Petition to Remove Conditions on Residence?
Over the years, I have received many inquiries from prospective clients who have separated or are considering separating from their spouse after they file a joint I-751 Petition to Remove Conditions on Residence. As I have explained in earlier blog posts, joint petitioners may still move forward with their I-751 as long as neither party…
Once again … USCIS Extends Flexibility for Responding to Agency Requests.
USCIS again announced that in response to the global COVID-19 pandemic it would extend (for the third time) 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…
