New USCIS Policy allows certain applicants to obtain Employment Authorization Documents that will be valid for 2 years
On February 7, 2022, USCIS updated its General Guidelines on the Maximum Validity Periods for Employment Authorization Documents (EADs), or work permits, for certain filing categories. This guidance allows eligible applicants to obtain EADs that will be valid for 2 years when they file initial or renewal EAD applications (filed on Form I-765). Before this…
New USCIS Policy Guidance provides more favorable interpretation of shared residence requirement for VAWA Petitioners.
On February 10, 2022, USCIS issued a Policy Guidance alert addressing certain changes to its interpretation of the shared residence requirement for petitioners under the Violence Against Women Act (VAWA). Specifically, USCIS will no longer require VAWA petitioners to currently reside or to have resided in the past with his or her abusive spouse during…
USCIS Extends Flexibility Measures for responding to certain Requests
On December 30, 2021, USCIS announced that in response to the global COVID-19 pandemic it would extend (for the sixth 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…
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,…
