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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…

Major USCIS Fee Increases scheduled to take effect on October 2, 2020

Posted on Aug 25, 2020

Fees for many of the core USCIS applications and petitions will significantly increase starting on October 2, 2020. In the 25 years that I have been an Immigration Lawyer, I have never seen fees increase so dramatically. These fee increases include: I-485 Application for Adjustment of Status.  The current fee for an I-485 Application for…

Recent Updates to the USCIS Policy Manual Confirm that Joint I-751 Petitions are NOT subject to Discretionary Review

Posted on Aug 20, 2020

In previous blog posts, I have written about what I think is one of the greatest benefits of filing Joint I-751 Petitions – that as long as the eligibility requirements are met, USCIS officers are not allowed to apply “discretion” in making a decision of whether to approve or deny an I-751 petition. Instead, the…

Public Charge Rule Update: Changes at USCIS, Department of Justice, and Department of State

Posted on Aug 13, 2020

As a result of recent federal court rulings, USCIS, the U.S. Department of Justice, and the U.S. Department of State have issued new guidance on how the Public Charge Rule (originally implemented on February 24, 2020) will be applied. In sum, USCIS has announced that it will not apply the February 24, 2020 Public Charge…

Automatic Extension of Work Permits

Posted on Aug 10, 2020

Some foreign nationals who are employed in the U.S. are eligible for an automatic extension of their work permit, or Employment Authorization Document (EAD) simply by filing a timely I-765 renewal application. This benefit helps to prevent gaps in employment authorization. Upon receipt of the I-765 application, USCIS will automatically extend the employee’s EAD for…

USCIS reports delays in sending out Receipt Notices for I-751 Petitions

Posted on Aug 06, 2020

The American Immigration Lawyers Association reports that its members have experienced delays in receiving I-797 Receipt Notices for I-751 Petitions to Remove Conditions on Residence that were filed with the USCIS Lockbox addresses in Texas and Arizona. Since all I-751 Petitions must be sent to either the Texas or Arizona Lockbox, depending upon where the…

I-751 Petitions for Conditional Permanent Resident Children

Posted on Aug 06, 2020

Minor children of adult conditional permanent residents who immigrate to the U.S. as derivative dependents or as direct beneficiaries of step-parent petitions will also be granted status as a conditional resident, just like their parent. As such, conditional resident children must also file I-751 petitions (or be included in their parent’s petition) in order to…

Exemptions for F-1 and M-1 Students taking Online Classes during the 2020 Fall Semester.

Posted on Jul 13, 2020

UPDATE: The Trump administration reversed its position on July 13, 2020 which would require F-1 and M-1 students to take at least one in-person course during the fall semester. Thus, the information in this blog post below has been superseded and is no longer applicable. This content, however, will be maintained for historical purposes. In…

USCIS Extends March 30, 2020 Flexibility for Applicants and Petitioners Responding to Agency Requests

Posted on Jul 01, 2020

In its continued effort to extend leniency to those directly affected by the coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services (USCIS) announced today that it will continue to extend the flexibility measures that it previously announced on March 30, 2020 in order to help applicants and petitioners who are responding to certain: Requests for…

What if my i-751 Petition to Remove Conditions on Residence is Denied?

Posted on Jun 27, 2020

If your i-751 Petition is denied, you have several different options available to you. The first thing you need to understand is that you can NOT appeal the denial of an i-751 petition, as there is no right of appeal under the law. However, as explained below, you can indirectly seek the review of your…

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