Are your Translations properly Certified?
As part of the “Invisible Wall” strategy, USCIS has started issuing RFE’s (Requests for Evidence) and denials of applications and petitions related to English translations that are not properly certified. RFE’s result in processing delays, and, as you know, denials will result in the loss of all filing fees, time, and possibly your valid immigration…
What questions will the USCIS officer ask at my Naturalization Interview?
I have always been a big fan of making lists. Whether they are “To-Do” lists, checklists, or workflows, they help me to keep track of everything that I need to do and also help me to keep a record to refer back to in case I need to repeat a task in the future. In…
Applying for Naturalization while your I-751 Petition to Remove Conditions on Residence is still pending
Due to extended delays with the processing of I-751 petitions to remove conditions on residence, foreign national petitioners who are spouses of U.S. citizens sometimes find themselves in the position where they are actually eligible to apply for Naturalization before their I-1751 petition is granted and their conditional status is removed. Generally, permanent residents are…
Dual Citizenship under U.S. Immigration Law
A common question of foreign nationals who are considering becoming Naturalized U.S. citizens is whether they are allowed to hold dual nationality and keep the nationality of their birth country, or any other nationalities that they may have. My answer is “it depends.” First of all its important to understand that there are actually several…
Adjustment of Status for Nunc Pro Tunc Asylees
As I explained in a previous blog post, there are a variety of ways that derivative asylees may lose their eligibility to file for adjustment of status. This can happen, for example, when the principal asylee becomes a U.S. citizen (or dies), or where the derivative asylee gets married. In these situations, while the derivative…
New Rule requiring Immigrants to show proof of Health Care coverage
On October 4, 2019, President Trump issued a proclamation requiring many future immigrants to show that they can afford health care as a condition to obtaining approval of their immigrant visa applications. In short, this new rule will require applicants for immigrant visas (green cards) to show that they have health insurance or have the…
Applications to Change or Extend Nonimmigrant Status will be closely examined under the new Public Charge Rule.
In a previous blog post, I wrote about the new Public Charge Rule which will go into effect on October 15, 2019. The most immediate effects of this Rule may be felt by applicants who file I-539 applications or I-129 petitions to extend or change their nonimmigrant status on or after this effective date. According…
What is a “Prima Facie Determination”?
If you file an I-360 Petition for Amerasian, Widow(er), or Special Immigrant, you may receive a letter in the mail from USCIS that is titled “Prima Facie Determination.” While this letter does NOT mean that your case has been approved, it is a good sign that you have passed the first part of the eligibility…
Employment Authorization for Conditional Permanent Residents whose status has been terminated.
Even after their status has been terminated by USCIS, conditional lawful permanent residents remain eligible to work in the U.S. This is due to the fact that under U.S. immigration law, conditional lawful permanent residents retain their permanent residency up until the entry of a final administrative order (by an Immigration Judge) removing them from…
The 90 Day Rule
As of September 1, 2017, the U.S. Department of State replaced the 30/60 Day Rule with the 90 Day Rule which establishes a presumption of a willful misrepresentation in the event that an alien takes any action within 90 days of entry that is inconsistent with the terms of his or her nonimmigrant status on…
