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…
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…
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…
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…
What is a “Prima Facie Determination”? – Part II
I have received a lot of feedback and interest from my first blog post, “What is a Prima Facie Determination.” In this post, I will attempt to answer some of the most common questions that client have once they have received their Prima Facie Determination notice from USCIS. As you review this information, please understand…
USCIS Offices will Reopen on June 4 for In-Person Services
U.S. Citizenship and Immigration Services has announced that it is readying field offices to reopen on or after June 4, 2020 for In-Person services, including Interviews, Naturalization Oath Ceremonies, and InfoPass appointments. Although these offices have been closed to the public since March 18, 2020, USCIS reports that its employees in these offices have been…
Immigrants and Recovery Rebates under the CARES Act
On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law, providing the U.S. economy with a $2 trillion dollar economic recovery package. The package offers financial relief to state and local governments, individuals, small and large businesses, and hospitals that were affected by Coronavirus pandemic. Of particular interest…
COVID-19 Related Delays in I-539 Extension/Change of Status Applications
The Department of Homeland Security has issued an advisory acknowledging that temporary non-immigrants are facing challenges in regards to maintaining their immigration status due to the COVID-19 pandemic. While nonimmigrants are generally advised to depart the U.S. before their authorized period of stay expires, where COVID-19 related circumstances cause them to remain in the U.S….
Heavily Weighted Negative and Positive Factors under the Public Charge Rule
As explained in a previous post, the Public Charge Rule requires USCIS adjudicators to apply a minimum of seven different factors to immigrant applicants to determine whether they are likely to become a public charge in the future. This has become known as the “Totality of Circumstances” test. In addition to applying this test, adjudicators…
