USCIS Advises to pay each Filing Fee Separately
USCIS has announced that they are transitioning to electronic processing of all requests for U.S. Immigration benefits which requires that they use multiple systems to process a package of forms. As such, USCIS now recommends that applicants and petitioners pay each filing fee separately. USCIS further advises that they may reject the entire package of…
DACA Recipients may soon be eligible for government subsidized healthcare benefits under New Rule.
On April 13, 2023, the Biden Administration announced a new initiative to roll out government-sponsored healthcare benefits for recipients of the Deferred Action for Childhood Arrivals program (known as DACA). Available benefits would include access to Medicaid, the children’s health insurance program, and subsidies under the Affordable Care Act. This is a major victory for…
New USCIS Mail Delivery Process allows some Immigrants to receive I-551 stamps by Mail
On March 16, 2023, USCIS announced that certain eligible permanent residents may now receive temporary written evidence of their lawful permanent resident status by mail, rather than by having to obtain the evidence by visiting a field office in person. Under the previous policy, permanent residents who wanted to obtain written evidence of their status…
USCIS Updates Policy Guidance to Clarify the Applicability of the 1-year Physical Presence Requirement for Refugees and Asylees applying for Adjustment of Status.
Existing USCIS policy requires asylees and refugees to demonstrate that they have been physically present in the U.S. for at least one year after being granted asylum or being admitted as a refugee in order to be eligible to adjust status and obtain permanent residence in the U.S. However, despite this similar requirement, USCIS guidance…
USCIS announces 48-month extension of Green Cards for Conditional Permanent Residents with a pending I-751 Petition to Remove Conditions on Residence.
USCIS recently announced that it will extend the validity of Permanent Resident Cards (Green Cards) for 48 months (beyond the current expiration date) for all petitioners who properly file Form I-751, effective as of January 25, 2023. In addition, USCIS further announced that they will issue new receipt notices for eligible conditional permanent residents who…
What evidence do you have to submit with your I-751 Waiver Petition to prove that you were battered or subjected to extreme cruelty by your U.S. citizen or permanent resident spouse?
One of the available I-751 waivers is based upon a claim that the petitioner has been “battered or subjected to extreme cruelty” by his or her U.S. citizen or permanent resident spouse during the marriage. Regulations define battery or extreme cruelty as “any act or threatened act of violence, including any forceful detention, which results…
Applying for Naturalization while your I-751 Petition to Remove Conditions on Residence is still pending with USCIS
When I first started practicing as an immigration lawyer in 1995, the processing time for I-751 petitions was about 3-6 months. Today, the processing time is 18-24 months, which is why USCIS issues a 24-month automatic extension of status on the I-751 Receipt Notice. With such an extreme delay, that means that most I-751 petitioners…
What is the difference between consular processing and adjustment of status?
Consular processing and adjustment of status are two different ways to apply for a green card (lawful permanent residence) in the United States. Consular processing is a process for obtaining a green card through a U.S. embassy or consulate abroad. This process is typically used by individuals who are outside the United States or who…
U.S. Department of Homeland Security Announces Re-Registration Process for Current Temporary Protected Status Beneficiaries from Venezuela.
On September 7, 2022, the Department of Homeland Security (DHS) published a Notice in the Federal Register explaining how current Venezuela Temporary Protected Status (TPS) Beneficiaries can re-register and keep their TPS status and (optionally) renew their Employment Authorization Documents (Work Permit). What are the dates of the extended designation of Venezuela for TPS? Venezuela…
Remote Attorney Representation at your Nunc Pro Tunc Asylum Interview
Under applicable law, an asylum applicant has the right to have an attorney or representative present at their affirmative asylum interview. Due to social distancing guidelines, USCIS is temporarily allowing attorneys or representatives to participate in asylum interviews remotely, either by phone or video. In order to elect this option, the applicant’s attorney will have…
