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…
More Thoughts on I-751 Petitions to Remove Conditions on Residence
Ever since my 2016 Separated but not Divorced blog post on how to navigate jointly filed I-751 petitions during a period of separation or marital difficulties, I have received an overwhelming response from potential clients all over the country who seemed to find themselves in this exact situation. After all this time, I have come…
Things you can do to improve your chances that you will NOT be found likely to be a Public Charge in the future.
Yes, I know that this is a long title for a blog post. But after spending a lot of time going over all of the details of the new Public Charge Rule (the Rule) and working with clients on preparing and submitting the new I-944 Declaration of Self Sufficiency, I have been taking mental notes…
How to obtain a temporary I-551 Stamp during the COVID-19 Pandemic
Before the COVID-19 pandemic, Lawful Permanent Residents (LPRs) would typically schedule an appointment at their local USCIS office to get a temporary I-551 stamp from USCIS when their Green Card was expiring. Most USCIS Application Support Centers would simply put a sticker on the back of the Green Card during a biometrics appointment that was…
