What is the difference between consular processing and adjustment of status?
Consular processing and adjustment of status are two different ways to apply for a green card (lawful permanent residence) in the United States. Consular processing is a process for obtaining a green card through a U.S. embassy or consulate abroad. This process is typically used by individuals who are outside the United States or who…
USCIS Takes Bold Action to Reduce Processing Backlogs, Expand Premium Processing, and Improve Access to Work Permits
On March 29, 2022, U.S. Citizenship and Immigration Services (USCIS) announced efforts to reduce processing backlogs, expand Premium Processing for certain applications and petitions, and to improve access to work permits through streamlined processing and extending validity periods. Overall, the goal of these actions is to increase efficiency and reduce burdens on the legal immigration…
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…
Applicants for U.S. Permanent Residence must now provide proof that they have been vaccinated against COVID-19
Under a new regulation that goes into effect on October 1, 2021, all applicants for U.S. permanent residence (green cards) must prove that they have been vaccinated against COVID-19. In most cases, applicants who file for adjustment of status (Form I-485) in the U.S. or who file an immigrant visa application with the U.S. Department…
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…
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…
Automatic Extension of Work Permits
Some foreign nationals who are employed in the U.S. are eligible for an automatic extension of their work permit, or Employment Authorization Document (EAD) simply by filing a timely I-765 renewal application. This benefit helps to prevent gaps in employment authorization. Upon receipt of the I-765 application, USCIS will automatically extend the employee’s EAD for…
USCIS Offices will Reopen on June 4 for In-Person Services
U.S. Citizenship and Immigration Services has announced that it is readying field offices to reopen on or after June 4, 2020 for In-Person services, including Interviews, Naturalization Oath Ceremonies, and InfoPass appointments. Although these offices have been closed to the public since March 18, 2020, USCIS reports that its employees in these offices have been…
