New USCIS Policy allows certain applicants to obtain Employment Authorization Documents that will be valid for 2 years
On February 7, 2022, USCIS updated its General Guidelines on the Maximum Validity Periods for Employment Authorization Documents (EADs), or work permits, for certain filing categories. This guidance allows eligible applicants to obtain EADs that will be valid for 2 years when they file initial or renewal EAD applications (filed on Form I-765). Before this…
New USCIS Policy Guidance provides more favorable interpretation of shared residence requirement for VAWA Petitioners.
On February 10, 2022, USCIS issued a Policy Guidance alert addressing certain changes to its interpretation of the shared residence requirement for petitioners under the Violence Against Women Act (VAWA). Specifically, USCIS will no longer require VAWA petitioners to currently reside or to have resided in the past with his or her abusive spouse during…
USCIS announces additional extension of time to respond to certain Agency Requests
USCIS again announced that in response to the global COVID-19 pandemic it would extend (for the fourth time) additional flexibility measures and grant additional time to certain applicants, petitioners, and requestors who were responding to certain agency requests. This extension is a continuation of the original extension that USCIS announced on March 30, 2020. This…
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…
Court orders the complete restoration of the DACA program.
On Friday, December 4, 2020, a U.S. federal judge ordered the Trump administration to completely restore the DACA program and to open it up to new applicants. Pursuant to the court order, the U.S. Department of Homeland Security (DHS) was instructed to post a public notice by Monday, December 7, 2020 which states that DHS…
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…
