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…
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…
DHS Extends Temporary Protected Status (TPS) for Venezuela
On July 11, 2022, the Department of Homeland Security (DHS) announced that it had extended the designation of Venezuela for Temporary Protected Status (TPS) for a period of 18 months. This designation of TPS will allow eligible nationals from Venezuela to apply for an extension of their protected status and also apply for a (optional)…
USCIS Announces Transfer of I-751 Petitions from the Texas Service Center (TSC) to the National Benefits Center (NBC)
USCIS has recently announced that it transferred certain I-751 Petitions to Remove Conditions on Residence from the Texas Service Center, where they were pending, to the National Benefits Center (NBC) for further processing. Why did USCIS Transfer the I-751 Petitions to NBC? When necessary, USCIS transfers cases between its five service centers in order to…
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…
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…
