USCIS Updates Policy Guidance to Clarify the Applicability of the 1-year Physical Presence Requirement for Refugees and Asylees applying for Adjustment of Status.
Existing USCIS policy requires asylees and refugees to demonstrate that they have been physically present in the U.S. for at least one year after being granted asylum or being admitted as a refugee in order to be eligible to adjust status and obtain permanent residence in the U.S. However, despite this similar requirement, USCIS guidance…
Remote Attorney Representation at your Nunc Pro Tunc Asylum Interview
Under applicable law, an asylum applicant has the right to have an attorney or representative present at their affirmative asylum interview. Due to social distancing guidelines, USCIS is temporarily allowing attorneys or representatives to participate in asylum interviews remotely, either by phone or video. In order to elect this option, the applicant’s attorney will have…
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…
Adjustment of Status for Nunc Pro Tunc Asylees
As I explained in a previous blog post, there are a variety of ways that derivative asylees may lose their eligibility to file for adjustment of status. This can happen, for example, when the principal asylee becomes a U.S. citizen (or dies), or where the derivative asylee gets married. In these situations, while the derivative…
Separated but not Divorced. Navigating the Jointly filed I-751 Petition to Remove Conditions on Residence – PART II
During the course of the more than 25 years that I have been an Immigration Lawyer, I have encountered my fair share of cases and situations where the primary driving force behind the problem I am attempting to solve is due to a change in circumstances that a family is experiencing. This can happen in…
Nunc Pro Tunc Asylum Procedures
While not used very frequently, the Nunc Pro Tunc Asylum filing procedure is a huge benefit for derivative dependent aliens who are unable to adjust status because they have lost their relationship with their principal, usually inadvertently or through no fault of their own. “Nunc Pro Tunc“ is just a Latin phrase that means “now…
