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We have good news for applicants filing Form I-539, Application to Extend/Change Nonimmigrant Status, requesting an extension of stay in or change of status to H-4, L-2, or E nonimmigrant status.

The United States Citizenship and Immigration Services (USCIS) recently announced that it has extended the temporary suspension of the biometrics submission requirement for this group of applicants.

Previously, USCIS had suspended the biometrics requirement until May 17, 2023. With today’s announcement, the suspension of biometrics will continue through September 30, 2023, for H-4, L-2, and E nonimmigrants.

USCIS will allow adjudications for these specific categories to proceed based on biographic information and related background checks, without the normal requirement of capturing fingerprints and a photograph. However, the agency will retain its discretion to require biometrics for any applicant on a case-by-case basis. Therefore, certain applicants may still be scheduled to attend a biometrics appointment at a local application support center (ASC).

USCIS reminds Form I-539 applicants meeting the biometrics suspension criteria, that they do not need to submit the $85 biometric services fee for Form I-539 during the suspension period.

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Interviews at the San Diego Field Office

We have great news for our local readers. The USCIS San Diego Field Office is scheduled to resume interviews on July 6, 2020, with priority given to adjustment of status applications filed by doctors and front-line workers fighting to mitigate the effects of Covid-19. Under certain circumstances, USCIS will exercise its discretion to waive adjustment of status interviews on a case-by-case basis.

What will be the approach for rescheduling?

The USCIS San Diego Field Office will begin rescheduling all other interviews on a “first-in, first-out,” basis based on receipt date of filing. This will occur as soon as possible.

When will biometrics offices reopen to the public?

Application Support Centers in San Marcos in Chula Vista are scheduled to reopen to the public on July 27, we ask our readers to please be patient while they wait to be rescheduled. Those with cancelled biometrics will be automatically rescheduled and will receive a notice in the mail with a new biometrics appointment.

What about Parole in Place cases?

Parole in place applications continue to be adjudicated, however applicants should expect delays.

What about citizenship applications?

USCIS will continue to prioritize the scheduling of oath ceremonies for naturalization applicants. Those who did not appear at a scheduled oath ceremony will receive a letter by mail. As we previously reported, oath ceremonies in San Diego are being held at the Cabrillo National Monument and the City of El Cajon parking lot adjacent to the police department.

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Welcome back to Visalawyerblog! In this post, we bring you the latest immigration news for the week.

K-1 Fiancé Visa Blunders

The news of the June 22nd presidential proclamation has caused great confusion among U.S. Consulates and Embassies worldwide regarding whether K-1 fiancé visas are subject to the current presidential proclamation suspending the entry of certain immigrants to the United States. We have received information from our readers that Embassies have incorrectly stated in emails that K-1 fiance visas are subject to the presidential proclamation. We would like to make clear that K-1 fiance visas are non-immigrant visas and are therefore exempt from the proclamation altogether, because the proclamation only suspends the entry of those seeking immigrant visas from outside the United States.

We are aware that the Embassy in London has been disseminating emails initially stating that K-1 fiance visas were impacted by the proclamation. The Embassy has now retracted this information and written on their webpage that K visas are not subject to the current presidential proclamation, although fiance visa holders may be prevented from entering the U.S. due to current U.S. travel restrictions against nationals of the Schengen countries during the pandemic.

The Embassy in Manila has also confirmed on its website that K visas are not impacted by the presidential proclamation.

Therefore, the only obstacle for K-1 fiance visa applicants to receive their visas is the Embassy closures occurring because of the pandemic. The only other obstacle to traveling to the United States depends on the fiance’s country of nationality. The entry of some nationals has been restricted due to high rates of Coronavirus in those regions (such as the Schengen countries, China, Iran, Brazil, etc). To find information about these travel restrictions please click here.

If you have received incorrect information from your Embassy or Consulate telling you that K-1 fiance visas are subject to the proclamation, we encourage you to copy the information provided on the Manila and London Embassy webpages confirming that K-1 visas are not impacted. Alternatively, you can email your examples to jacob@h1b.biz and we will reach out to the Consulate/Embassy directly to seek clarification.

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Our readers and clients have eagerly been asking why the United States Citizenship and Immigration Services (USCIS) has reported extremely long processing times on their webpage. Others are concerned about when their field offices will reopen and reschedule their interviews. In this post we hope to provide some clarification regarding these very important issues.

Long Processing Times

As some of you may know as a result of the pandemic, USCIS has experienced a significant loss of revenue that has left the agency with no choice but to begin the process of furloughing much needed employees. The agency is no longer able to meet current workloads and has been taking drastic measures to try to cope with the current situation. CIS has requested $1.2 billion in aid from Congress to help keep the agency afloat. Among other things, CIS plans to increase filing fees this summer, and implement additional surcharges on all applications. The agency’s funding crisis has unfortunately resulted in very long processing times for those with pending applications. As many of you have noticed, the processing times listed on the CIS website vary widely depending on the service center processing the application or petition, and the relationship between the applicant and petitioner (for family-based petitions).

What accounts for the different processing times?

First, processing times vary depending on the service center that is processing your application or petition. Each service center has been specifically designated to handle specific types of immigration benefits. The type of center that will process your case depends on a number of different factors including: the type of immigration benefit you are requesting, your immigration category, and also your state of residency.

Since some types of immigration benefits are in great demand, such as permanent residency, service centers handling these types of applications generally have a heavier workload than others. Unfortunately, this means that processing times for service centers with heavier workloads will be longer than others. USCIS has tried to balance the workload by transferring some petitions to other service centers that do not have such a heavy workload. These efforts have been made to try to speed up the adjudication process.

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In this post we will share with our readers what we know is happening locally with the scheduling of interviews at the San Diego Field Office and oath ceremonies. Please keep in mind that we do not have information about other Field Offices at this time.

Oath Ceremonies

The San Diego Field office will prioritize the scheduling of oath ceremonies in the month of June. These ceremonies will be “drive thru” ceremonies to ensure the health and safety of participants. These ceremonies will take place at two locations that are offsite from the San Diego field office at the Cabrillo National Monument and the City of El Cajon parking lot adjacent to the police department. El Cajon will schedule ceremonies more frequently. Start and end times have not yet been provided for these ceremonies.

We have received information that judges will be present at both oath ceremony locations to address name change issues for participants.

When will the San Diego Field Office open to the public?

The San Diego Field Office will not officially open to the public for interviews until June 21st. However, we have received information that the office is more likely to open to the public in July for interviews. The San Diego Field Office will continue to be open for urgent cases and emergency appointments.

How will the procedure change once offices reopen?

Social distancing procedures will be put in place including installation of plexiglass to separate the interviewing officer from applicants, lines demarcating social distancing, and face mask coverings required to enter the building. The amount of people allowed in the facility will be reduced to comply with social distancing requirements. The San Diego Field Office is exploring extending work hours to allow more interviews to take place. Interviews will take place in person; no remote interviews will be allowed.

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We have very exciting news for our readers. Yesterday, May 27th the United States Citizenship and Immigration Services (USCIS) confirmed that it is preparing to reopen some domestic offices and resume services to the public on or after June 4th.

As you know, on March 18th USCIS made the difficult decision to suspend in-person services at its field offices, asylum offices, and application support centers (ASCs) nationwide to reduce the spread of the Coronavirus. While offices were closed, USCIS continued to provide emergency in-person services.

From the agency’s announcement it is clear that not all domestic offices will reopen to the public by June 4, but we know that at least some will begin to reopen to provide relief to those that have been waiting to attend their interviews or biometrics appointments.

USCIS will be following all state mandated precautions including reducing the number of appointments and interviews scheduled for the day, enforcing social distancing, cleaning and sanitizing facilities, and reducing waiting room occupancy. Members of the public will be required to wear masks covering their nose and mouth. Sanitizer will be provided to the public.

USCIS urges those who are feeling sick to stay home and schedule their appointments once they are feeling better. As a reminder, there is no penalty for rescheduling your appointment if you are sick.

We expect that USCIS will be scheduling far less appointments than usual to reduce the number of people in the facility at any one time. That means that appointment times will be spaced out and there will be a slight delay to reschedule everyone who has been waiting for an appointment. Please be patient and wait to receive a new appointment notice in the mail.

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In this post, we summarize all of the major and recent developments taken by USCIS, the Department of State, and the Department of Justice in response to the COVID-19 pandemic.

These developments directly impact immigration in significant ways that will be discussed in further detail below.

As this situation evolves, we will continue to update this post for your benefit. You may also read all of our COVID-19 related posts here.

USCIS Field Offices, ASCs, and Asylum Offices Temporary Closed to the Public

To combat the spread of the COVID 19 pandemic, on March 18th USCIS announced the temporary closure of field offices, application support centers, and asylum offices, to the public until at least May 3rd.

We suspect that this closure will be further extended given the current public health crisis we are experiencing nationwide.

Applicants who were scheduled to appear for an interview, biometrics, or asylum interview from March 18 to May 3rd will receive a notice in the mail regarding impacted services, as well as a notice rescheduling the appointment.

ASC appointments will be rescheduled once offices are re-opened to the public.

At this time, please continue to be patient and monitor your mail closely.

USCIS Field Office and Service Center Operations Continue

Although USCIS is closing field offices to the public, the agency has stated that office employees will continue to perform mission-essential services that do not require face-to-face contact with the public.

Furthermore, USCIS service centers and facilities continue to operate and will continue to adjudicate petitions filed nationwide.

USCIS Expands RFE/NOID/NOIR/NOIT/I-290B Deadlines

On March 30, 2020, USCIS announced that it will consider any response to an RFE, NOID, NOIR, or NOIT received within 60 calendar days after the response due date set in the request or notice before any action is taken by USCIS.

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We would like to provide our readers with a quick update regarding the temporary suspension of in-person services at USCIS field offices nationwide.

As first reported, USCIS made the decision to close all offices and application support centers (ASCs) to the public beginning March 18th. USCIS planned to reopen offices on April 7th however today the agency announced that offices will continue to remain closed to the public until May 3rd.

As previously stated on our blog, all applicants and petitioners with scheduled appointments who are impacted by this closure will receive notices in the mail with further information.

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In this post we bring you the latest immigration related COVID-19 updates. During this difficult time, we would like to extend our heartfelt regards to you and your families. We hope you are staying safe and taking the necessary precautions to prevent the spread of COVID-19. The sooner we abide by government measures, the sooner we can overcome this pandemic as a Nation. Additionally, please remember that although our office is closed to the public, we continue to function behind the scenes to file your petitions on a timely basis. If you have any questions regarding your immigration options, or your currently pending case, we would be glad to assist you by telephone, Zoom, or Skype.

President Extends Federal Social Distancing Guidelines to April 30

This past Sunday, March 29, 2020, the President of the United States extended the Nation’s social distancing guidelines for another 30 days, following warnings from health advisers of the serious consequences that could result if Americans were allowed to return to normal life. Pursuant to this order, social time will continue to be limited only to necessary outings such as grocery shopping, medical appointments, etc. until April 30.

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Welcome back to Visalawyerblog! In this post, we bring you the latest immigration news for the week.

USCIS Temporarily Closing Offices to the Public March 18-April 1 to Reduce Spread of COVID 19 

In response to the widespread COVID 19 pandemic, the United States Citizenship and Immigration Services (USCIS) has announced that effective March 18, 2020 the agency will suspend in-person services at its field offices, asylum offices, and Application Support Centers (ASC) nationwide in an effort to help slow the spread of the Coronavirus.

USCIS plans to suspend in-person services until at least April 1st.

What if I have a scheduled appointment or naturalization ceremony?

USCIS has stated that all applicants and petitioners with scheduled appointments and naturalization ceremonies impacted by this closure will receive notices in the mail.

In addition, USCIS asylum offices will send interview cancellation notices and automatically reschedule asylum interviews. When an interview is rescheduled, asylum applicants will receive a new interview notice with the new time, date and location of the interview.

When USCIS resumes normal operations, USCIS will automatically reschedule ASC appointments impacted by the office closure. Impacted applicants and petitioners will receive a new appointment letter in the mail.

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