USCIS Update to the Nunc Pro Tunc Asylum Filing Procedure
Updated September 2026 In a previous article about nunc pro tunc asylum procedures, I discussed how the nunc pro tunc asylum process may provide certain derivative asylees with a way to obtain asylum in their own right after they have lost the qualifying relationship with the principal asylee. This issue can arise, for example, when…
The End of the Trump-era Public Charge Rule
Its official! The Trump-era Public Charge Rule has found its way to the dust bin of history. Acting on a joint request from the Biden Administration (which refused to defend the policies in court) and the Plaintiff that was challenging the Rule, on March 9, 2021 the U.S. Supreme Court dismissed a case that was…
What happens if I get divorced after I file a Joint I-751 Petition to Remove Conditions on Residence?
Over the years, I have received many inquiries from prospective clients who have separated or are considering separating from their spouse after they file a joint I-751 Petition to Remove Conditions on Residence. As I have explained in earlier blog posts, joint petitioners may still move forward with their I-751 as long as neither party…
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…
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…
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…
USCIS reports delays in sending out Receipt Notices for I-751 Petitions
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
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…
