New USCIS Mail Delivery Process allows some Immigrants to receive I-551 stamps by Mail
On March 16, 2023, USCIS announced that certain eligible permanent residents may now receive temporary written evidence of their lawful permanent resident status by mail, rather than by having to obtain the evidence by visiting a field office in person. Under the previous policy, permanent residents who wanted to obtain written evidence of their status…
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…
What evidence do you have to submit with your I-751 Waiver Petition to prove that you were battered or subjected to extreme cruelty by your U.S. citizen or permanent resident spouse?
One of the available I-751 waivers is based upon a claim that the petitioner has been “battered or subjected to extreme cruelty” by his or her U.S. citizen or permanent resident spouse during the marriage. Regulations define battery or extreme cruelty as “any act or threatened act of violence, including any forceful detention, which results…
Applying for Naturalization while your I-751 Petition to Remove Conditions on Residence is still pending with USCIS
When I first started practicing as an immigration lawyer in 1995, the processing time for I-751 petitions was about 3-6 months. Today, the processing time is 18-24 months, which is why USCIS issues a 24-month automatic extension of status on the I-751 Receipt Notice. With such an extreme delay, that means that most I-751 petitioners…
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 to Waive Interviews for Certain I-751 Conditional Permanent Resident Petitioners
On April 7, 2022, U.S. Citizenship and Immigration Services (USCIS) announced that has adopted a new risk-based approach to decide whether to interview conditional lawful permanent residents (CLPRs) who have filed I-751 petitions to remove the conditions on their residence. In sum, the new policy will provide guidance for USCIS officers to decide whether to…
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…
DHS designates Ukraine for Temporary Protected Status (TPS)
On March 3, 2022, the Department of Homeland Security (DHS) announced that it had designated Ukraine for Temporary Protected Status (TPS) for a period of 18 months. This designation of TPS will allow eligible nationals from Ukraine to apply for protected status and also to apply for a work permit (which is optional). What are…
May 29, 2020 Presidential Proclamation Suspending the Entry of Certain Students and Researchers from the People’s Republic of China
On May 29, 2020, President Trump announced his latest Presidential Proclamation aimed at restricting Immigration into the United States. Scheduled to take effect on June 1, 2020, the Proclamation effectively suspends the entry of all nationals from the Peoples Republic of China (PRC) who are seeking to enter the U.S. on a nonimmigrant F or…
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…
