DACA Recipients may soon be eligible for government subsidized healthcare benefits under New Rule.
On April 13, 2023, the Biden Administration announced a new initiative to roll out government-sponsored healthcare benefits for recipients of the Deferred Action for Childhood Arrivals program (known as DACA). Available benefits would include access to Medicaid, the children’s health insurance program, and subsidies under the Affordable Care Act. This is a major victory for…
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…
USCIS announces 48-month extension of Green Cards for Conditional Permanent Residents with a pending I-751 Petition to Remove Conditions on Residence.
USCIS recently announced that it will extend the validity of Permanent Resident Cards (Green Cards) for 48 months (beyond the current expiration date) for all petitioners who properly file Form I-751, effective as of January 25, 2023. In addition, USCIS further announced that they will issue new receipt notices for eligible conditional permanent residents who…
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…
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 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…
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…
