USCIS Changes Policy on the Validity of I-693 Medical Exams
USCIS (U.S. Citizenship and Immigration Services) has updated its rules about the medical exam form used in immigration applications – Form I-693 (Report of Immigration Medical Examination and Vaccination Record). What is changing? Starting June 11, 2025, if a civil surgeon signs Form I-693 on or after November 1, 2023, the form is only valid…
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…
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…
U.S. Department of Homeland Security to Resume applying Final Public Charge Rule
Based on the September 11, 2020 ruling of the United States Court of Appeals for the Second Circuit, the U.S. Department of Homeland Security (DHS) will resume applying the Final Public Charge Rule on a nationwide basis. This means that DHS will apply the Public Charge Rule to all applications and petitions that were postmarked…
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…
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…
How to comply with the Public Charge Rule if you are applying for Adjustment of Status.
If you are eligible to apply for your green card in the U.S., you will have to file a Form I-485 Application for Adjustment of Status with the U.S. Department of Homeland Security (DHS). This process of Adjustment of Status, which is distinguished from Consular Processing (ie. applying for your green card at a U.S….
Who is subject to the Public Charge Rule?
U.S. Immigration law requires that alien immigrants seeking “admission” to the U.S. show that they are admissible in order to qualify for certain immigration benefits. In practice, immigrants meet this requirement in reverse, by proving that they are NOT inadmissible to the United States under the law. Section 212 of the Immigration and Nationality Act…
Public Charge Final Rule to be implemented on February 24, 2020
On January 27, 2020, the U.S. Supreme Court overturned a lower court injunction and ruled that the Trump administration can implement its Public Charge final rule (the Rule) which seeks to deny immigration benefits to immigrant applicants that the government deems likely to rely on public benefits. As such, USCIS announced that it will be…
Adjustment of Status for Derivative Asylees
Many of my nunc pro tunc asylum clients find their way to my blog post and ultimately retain my law firm after finding out that they are ineligible to adjust status. In most cases, the applicants are taken by surprise and learn of their ineligibility by a written decision from USCIS, denying their adjustment application,…
