U.S. Department of Homeland Security to Resume applying Final Public Charge Rule
Based on the September 11, 2020 ruling of the United States Court of Appeals for the Second Circuit, the U.S. Department of Homeland Security (DHS) will resume applying the Final Public Charge Rule on a nationwide basis. This means that DHS will apply the Public Charge Rule to all applications and petitions that were postmarked…
Nunc Pro Tunc Asylum = applying for asylum in your own right
As I explained in a previous blog post on Nunc Pro Tunc Asylum procedures, sometimes Derivative asylees are cut off from their ability to adjust status and obtain permanent residence through their Principal asylee because of something that happened after they were granted asylum. For instance, if a Principal asylee dies or naturalizes, the Derivative…
Instructions for Submitting Documents to the National Visa Center
Recently, the United States Department of State (DOS) issued specific instructions for submitting documents to the National Visa Center (NVC). As some of you may know, the NVC is the branch of the DOS which facilitates the processing of immigrant visas (including K-1/K-3 visas) after they are approved by USCIS. After reviewing the instructions, I…
Options for Green Card Holders seeking proof of U.S. immigration status to comply with I-9 requirements.
The global COVID-19 pandemic has resulted in many disruptions to USCIS processes and procedures. In addition to field office closures and processing delays, many permanent residents have reported that they are having a difficult time obtaining proof of their U.S. immigration status from USCIS after their green card or other evidence of status has expired. …
USCIS Extends Additional Flexibility Measures for Responding to Certain Requests
On September 11, 2020, USCIS again announced that in response to the global COVID-19 pandemic it would extend 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…
New USCIS Policy: TPS recipients who travel abroad will resume the same immigration status upon reentering the U.S.
On August 20, 2020, USCIS issued a Policy Memorandum which may have a major impact on Temporary Protected Status (TPS) recipients who travel and re-enter the U.S. Prior to this new Policy, TPS recipients who had originally entered the U.S. without inspection (EWI) could obtain advance parole by filing form I-131, leave the U.S., and…
USCIS issues Guidance Reconsidering the DACA Program
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
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
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
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…
