Articles Posted in Conditional Green Cards

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Welcome back to Visalawyerblog! New developments are underway by the U.S. Citizenship and Immigration Services (USCIS) to improve the way the agency is communicating case processing times to members of the public.

The agency recently announced new efforts to streamline information provided on its processing times webpage. For each type of immigration benefit, USCIS releases information regarding how much time it is taking the agency to process that particular application, petition, or request. Previously, processing times were estimated based on how long the agency took to approve or deny a certain percentile of forms or petitions over the prior 6-month period.

Now, USCIS has updated their webpage so that users can find the processing time information for their particular type of case, rather than seeing an aggregate of all related case types. This provides applicants with a more accurate picture of how long their particular type of case is taking to be processed.

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In this blog post, we cover the release of the May Visa Bulletin 2022 and what you can expect for employment based and family preference categories during the upcoming month of May.

The Department of State releases the visa bulletin on a monthly basis, which summarizes the availability of immigrant visa numbers for that particular month. The “Final Action Dates” and “Dates for Filing Applications,” charts indicate when immigrant visa applicants should be notified to assemble and submit the required documentation to the National Visa Center.


Adjustment of Status Filing Chart May 2022

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DACA Renewal E-Filing is here!

Exciting news is on the horizon for those filing a renewal of their deferred action under the Deferred Action for Childhood Arrivals (DACA)!

This week, the United States Citizenship, and Immigration Services (USCIS) announced that applicants will now be able to file their applications online on Form I-821D, Consideration of Deferred Action for Childhood Arrivals. Additionally, renewal applicants may also file applications to renew their Employment Authorization Document (EAD) online by filing Form I-765 Application for Employment Authorization and the Form I-765 Worksheet.

This move will now make it easier for applicants to obtain a renewal of their status faster and more efficiently.

While the agency hopes to expand the possibility of electronic filing to a broader pool of applicants in the future, the e-file option is currently only available for individuals who have been previously granted DACA.

The e-filing option is expected to help reduce the substantial backlogs at the USCIS level. Currently, USCIS receives nearly half a million Form I-821D DACA requests every fiscal year, and processes more than 8.8 million requests for immigration benefits. As time has gone on, the agency has allowed online filings to streamline the application process.

How can you file online?


DACA renewal applicants who wish to file Form I-821D and Form I-765 online, must first create a USCIS online account, to submit their forms, pay fees and track the status of any pending USCIS immigration request throughout the adjudication process. There is no cost to set up an account, and one of the added benefits is that applicants have the ability to communicate with USCIS through a secure inbox and respond online to Requests for Evidence received.

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couple-g86465ecab_1920USCIS Updates Policy Guidance Highlighting Discretionary Power to Waive In-Person Interviews for I-751 Applicants


On April 7, 2022, the United States Citizenship, and Immigration Services (USCIS) updated its Policy Manual on the interview waiver criteria for family-based conditional permanent residents filing to remove the conditions on permanent residence on Form I-751 Removal of Conditions.

Under the law, those who attained their permanent resident status (green card) based on a marriage that was less than 2 years old at the time of approval, receive a conditional green card, also known as “conditional permanent residency.”

This conditional green card is issued for a 2-year period. Prior to the expiration of the 2-year green card, the applicant must file Form I-751 to remove their conditions on permanent residence within the 90-day window before it expires.

The Immigration and Nationality Act stipulates that a conditional permanent resident must appear for an in-person interview as part of the I-751 Removal of Conditions adjudication process, so that the immigration officer can verify the accuracy of the information included in the petition and determine whether the conditions on permanent residence should be removed.

The Act also carves out discretionary powers that allow USCIS officers to authorize waiver of the in-person interview.

The April 2022 updated Policy Guidance clarifies that USCIS officers may consider waiving an interview, if, generally, the applicant meets all eligibility requirements for removal of conditions, and the record contains sufficient evidence for approval, and there is no indication of fraud, misrepresentation, criminal bars, or such factors that would require an interview.

The Guidance also eliminates automatic referrals in cases where a conditional permanent resident obtained status by way of Consular processing.

The language of the pertinent section indicates the following:

Volume 6: Immigrants, Part I, Family-Based Conditional Permanent Residents, Chapter 3, Petition to Remove Conditions on Residence [6 USCIS-PM I.3]


CPRs who file a Form I-751 must appear for an interview at a USCIS field office, unless USCIS waives the interview requirement. USCIS officers may consider waiving the interview in cases where:

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We are happy to start this week with interesting new developments in the world of immigration law.

As some of our readers may be aware, all green card applicants filing Form I-485 Application to Register Permanent Residence or Adjust Status, are given the opportunity to file the Form I-765 Application for Employment Authorization, and Form I-131 Application for Travel Document, along with their green card application (or separately at a later time), in order to receive what has been commonly referred to as an employment authorization document (EAD) and advance parole (AP) “combo” card.

With this “combo” card, green card applicants have engaged in lawful employment inside of the United States, and cards with the notation ‘Serves as I-512 Advance Parole’ have been used to re-enter the U.S. after temporary foreign travel.

That is all about to change. USCIS has announced that in an effort to drastically reduce the processing times associated with EAD and AP documents, the agency will now be discontinuing its policy of issuing the “combo” card.

Going forward, U.S. Citizenship and Immigration Services will be separating the issuance of the employment authorization document (EAD card) and advance parole (AP) document. This means that green card applicants that file the Forms I-765 and I-131 together with their green card (or at a later time) can expect to receive two separate documents in the mail, instead of one single combo card.

EADs that do not have the notation ‘Serves as I-512 Advance Parole,’ can only be used for employment purposes. Green card applicants wishing to return to the U.S. after temporary foreign travel must have a valid Advance Parole document. Applicants should not engage in international travel without such document.


Substantial Backlogs


USCIS has made this change to help alleviate the substantial processing times of EAD and AP documents during the Coronavirus pandemic. Unfortunately, these delays have caused employment interruptions for thousands of applicants who have had to wait many months for these applications to be approved.

Presently, the Nebraska Service Center is currently reporting processing times of between 11.5 to 13.5 months for an EAD to be issued based on a pending adjustment of status application. While the California Service Center is currently reporting a wait period of between 20 months to 21.5 months.

This lengthy waiting period has prompted USCIS to take action to separate issuance of the EAD and AP, in what will hopefully result in faster processing times.

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Breaking news! The Department of State has published a final rule in the Federal Register announcing a new temporary final rule that grants consular officers flexibility to waive the personal appearance of certain “replacement” immigrant visa applicants who were approved for an immigrant visa in the same classification and on the same basis as the current application on or after August 4, 2019.

Under this new policy, consular officers will have the discretion to allow this subset of immigrant visa applicants to affirm the accuracy of the contents of their DS-260 application without appearing for an in-person interview before a consular officer. The temporary final rule is effective immediately and will expire after 24 months on December 13, 2023.


Who does the new temporary rule apply to?


This temporary final rule for a discretionary waiver of personal appearance and interview applies to immigrant visa applicants who were issued a U.S. immigrant visa on or after August 4, 2019, and meet the following additional criteria:

  • the applicant must be seeking an immigrant visa in the same classification (or another classification as the result of automatic conversion due to the death or naturalization of the petitioner of the previously issued immigrant visa)
  • the applicant seeks and remains qualified for an immigrant visa pursuant to the same approved petition as their previously approved application, and
  • they must continue to qualify for the immigrant visa sought.

Interview Waivers


Under this temporary final rule, the personal appearance and interview of certain applicants for an immigrant visa may be waived in the discretion of the consular officer, provided that the applicant is willing to affirm under penalty of perjury to the information provided on their Online Immigrant Visa and Alien Registration Application, known as Form DS-260.

The consular officer may decide to either (1) communicate with the applicant by telephone or email, (2) request that the applicant provide additional information that the consular officer deems necessary, or (3) may request the applicant to appear in person.

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The bad news continues for the EB-5 Immigrant Investor Regional Center Program. As our readers will know, the EB-5 Regional Center program has been in a period of lapse following Congressional failure to reauthorize the program after its expiration at midnight on June 30, 2021. Such reauthorization was expected to be included in the government’s appropriations funding bills, but no such action has yet taken place to extend the program.

In a glimmer of hope, on December 3, 2021, President Biden signed H.R. 6119 into law, “Further Extending Government Funding Act” which includes a short-term continuing resolution that funds the federal government through February 18, 2022. EB-5 Regional Center legislation extending the program is expected to be included in future appropriation bills.

With its hands tied on the matter, on October 4, 2021, USCIS updated its website to indicate that it would not be accepting new I-526 petitions based on a regional center investment, but would be placing all pending I-526 petitions based on the Regional Center program in “abeyance,” (a temporary hold), as well as placing all pending I-485 green card applications based on a Regional Center investment on hold at least through the end of 2021, pending further action from Congress. No acting is being taken on applications placed on hold.

I-829 Petitions filed by conditional permanent residents under the Regional Center program remain unaffected. USCIS has confirmed that such applications are being accepted and processed by the agency.

Acting upon the government lapse, for its part, the Department of State has stopped processing immigrant visa applications for EB-5 Program applicants altogether.

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Welcome back to Visalawyerblog! In this post, we give you the rundown on the most exciting immigration updates recently announced by the United States Citizenship and Immigration Services (USCIS).

These announcements provide important information for applicants including, extended flexibility policies for responding to Requests for Evidence, new COVID-19 vaccination requirements for green card applicants, automatic 24-month extensions of status for petitioners who have properly filed Form I-751 Petition to Remove Conditions on Residence or Form I-829 Petition by Investor to Remove Conditions on Permanent Resident Status starting September 4, 2021, and continuance of TPS designations for nationals from certain countries.


The Rundown: What do I need to know about these new updates?


USCIS RFE/NOID Flexibility Continued for Responses to Agency Requests

USCIS has announced that it will continue its flexibility policy giving applicants and petitioners more time to respond to Requests for Evidence during the COVID-19 pandemic. On September 24, 2021, USCIS made the announcement that it will continue to grant applicants who have received a request for evidence, notice of intent to deny, or such a related document, an additional 60 calendar days after the response deadline indicated on the notice or request, to submit a response to a request or notice, provided the request or notice was issued by USCIS between March 1, 2020 through January 15, 2022. This is great news because it will allow applicants and petitioners more time to gather documents that are hard to obtain during the COVID-10 pandemic.

What documents qualify for this flexibility in responding?

Applicants who receive any of the below mentioned documents dated between March 1, 2020 and January 15, 2022 can take advantage of the additional 60 days to respond to the request or notice:

  • Requests for Evidence;
  • Continuations to Request Evidence (N-14);
  • Notices of Intent to Deny;
  • Notices of Intent to Revoke;
  • Notices of Intent to Rescind;
  • Notices of Intent to Terminate regional investment centers; and
  • Motions to Reopen an N-400 pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion or Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings, if:

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You have all heard the news. A new House bill has been introduced that if passed would provide a pathway to citizenship for millions of undocumented immigrants living in the United States without legal status. But what exactly does the bill include? In this blog post we share with you the highlights of the America’s Children Act of 2021 also known as H.R. 4331.


Bill Highlights


Among the highlights of America’s Children Act of 2021 the bill:

  • Provides a pathway to permanent residency for individuals who were brought to the United States at a young age, TPS recipients, individuals under DED status, and essential workers, who have maintained continuous physical presence in the United States since their entry, and/or have graduated from an institution of higher education;
  • Establishes protections for Diversity Visa lottery winners who could not come to the United States from 2017 to present due to COVID-19 related delays;
  • Creates special provisions to recapture unused visas and provides a waiver of numerical limitations for beneficiaries of approved immigrant visa petitions currently waiting for their priority dates to become current

Who would benefit?


The main section of the bill would provide a pathway to citizenship for people in DACA (Deferred Action for Childhood Arrivals) status and also people who may not have qualified for DACA. Individuals in Temporary Protected Status and those who received Deferred Enforced Departure would also be eligible. Qualifications differ among these groups and many more changes are expected however the key provisions have been mentioned above. To obtain permanent residence, individuals cannot be disqualified based on grounds of ineligibility and must complete “security and law enforcement background checks” and a medical examination.


Pathway to Citizenship for Dreamers


Under the committee print released by the House Judiciary Committee, certain aliens would be eligible to adjust their status to permanent residence within the United States, by paying a supplemental fee of $1,500 and passing criminal checks. To be eligible, an alien would have to show that he or she:

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The fate of nearly 8 million undocumented immigrants now rests in the hands of Senate Parliamentarian, Elizabeth MacDonough.

On Friday, September 10, 2021, Democratic Congressmen, and women, met with the Senate staffer in hopes of convincing her to allow a piece of legislation to be introduced in the Democratic party’s upcoming $3.5 trillion spending bill, which would, for the first time in decades set in motion the implementation of comprehensive immigration reform.

The spending bill includes a provision that would carve out a pathway to citizenship for “Dreamers” participating in the Deferred Action for Childhood Arrivals Program (DACA) that were brought to the United States illegally as children. The bill would also open a door for legalization to recipients of Temporary Protected Status, farmworkers, and certain undocumented workers deemed “essential.” It is estimated that nearly 8 million undocumented immigrants would qualify for permanent residence through this proposal, offering the first big victory for comprehensive immigration reform.