New USCIS Policy allows certain applicants to obtain Employment Authorization Documents that will be valid for 2 years
On February 7, 2022, USCIS updated its General Guidelines on the Maximum Validity Periods for Employment Authorization Documents (EADs), or work permits, for certain filing categories. This guidance allows eligible applicants to obtain EADs that will be valid for 2 years when they file initial or renewal EAD applications (filed on Form I-765). Before this…
New USCIS Policy Guidance provides more favorable interpretation of shared residence requirement for VAWA Petitioners.
On February 10, 2022, USCIS issued a Policy Guidance alert addressing certain changes to its interpretation of the shared residence requirement for petitioners under the Violence Against Women Act (VAWA). Specifically, USCIS will no longer require VAWA petitioners to currently reside or to have resided in the past with his or her abusive spouse during…
USCIS Extends Flexibility Measures for responding to certain Requests
On December 30, 2021, USCIS announced that in response to the global COVID-19 pandemic it would extend (for the sixth time) additional flexibility measures and grant additional time to certain applicants, petitioners, and requestors who were responding to certain agency requests. This extension is a continuation of the original extension that USCIS announced on March…
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…
DHS designates Haiti for Temporary Protected Status (TPS)
On Tuesday, August 3, 2021, the Department of Homeland Security (DHS) announced that it had designated Haiti for Temporary Protected Status (TPS) for a period of 18 months, from August 3, 2021 through February 3, 2023. This designation of TPS will allow eligible nationals from Haiti to apply for protected status and also to apply…
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…
Instructions for Submitting Documents to the National Visa Center
Recently, the United States Department of State (DOS) issued specific instructions for submitting documents to the National Visa Center (NVC). As some of you may know, the NVC is the branch of the DOS which facilitates the processing of immigrant visas (including K-1/K-3 visas) after they are approved by USCIS. After reviewing the instructions, I…
Options for Green Card Holders seeking proof of U.S. immigration status to comply with I-9 requirements.
The global COVID-19 pandemic has resulted in many disruptions to USCIS processes and procedures. In addition to field office closures and processing delays, many permanent residents have reported that they are having a difficult time obtaining proof of their U.S. immigration status from USCIS after their green card or other evidence of status has expired. …
