Did You Know USCIS Will Now Automatically Extend Your Green Card When You Apply for Citizenship?
If you are applying for U.S. citizenship but your green card has expired or is about to expire, you might worry about your status while you are waiting for USCIS to process your application. However, USCIS has a new policy to help with this. Now, when you file your citizenship application (Form N-400), USCIS will…
USCIS Provides Updated Guidance on Late Filed Extension of Stay and Change of Status Requests
On January 24, 2024, U.S. Citizenship and Immigration Services (USCIS) updated its Policy Manual, stating that it may excuse a nonimmigrant’s late filing for an extension of stay or change of status under specific conditions, if the delay was due to extraordinary circumstances beyond the applicant’s control. The update clarifies that extraordinary circumstances are defined…
USCIS Advises to pay each Filing Fee Separately
USCIS has announced that they are transitioning to electronic processing of all requests for U.S. Immigration benefits which requires that they use multiple systems to process a package of forms. As such, USCIS now recommends that applicants and petitioners pay each filing fee separately. USCIS further advises that they may reject the entire package of…
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…
