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…
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…
What if my i-751 Petition to Remove Conditions on Residence is Denied?
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…
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…
Will I be affected by President Trump’s April 22, 2020 Proclamation Suspending Entry of Immigrants?
On April 22, 2020, President Trump signed an Executive Order (Proclamation) suspending entry of certain Immigrants into the U.S. on the ground that they will pose a risk to the U.S. labor market during the economic recovery from the COVID-19 pandemic. Although, like most Immigration-related orders that come out of the Trump White House, it…
Heavily Weighted Negative and Positive Factors under the Public Charge Rule
As explained in a previous post, the Public Charge Rule requires USCIS adjudicators to apply a minimum of seven different factors to immigrant applicants to determine whether they are likely to become a public charge in the future. This has become known as the “Totality of Circumstances” test. In addition to applying this test, adjudicators…
The I-944 Declaration of Self Sufficiency and the Totality of Circumstances Test
As I explained in a previous post, if you are subject to the new Public Charge Rule, you will have to show DHS that you are not inadmissible by proving that you will be economically self-sufficient once you are granted permanent residence in the U.S. This is accomplished by filing an I-944 Declaration of Self…
