Visa Lawyer Blog

Articles Posted in Conditional Green Cards

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It is the end of an era. Yesterday, March 23, 2023, the United States Citizenship and Immigration Services (USCIS) announced that it is ending its COVID-19 flexibility policy, giving applicants and petitioners more time to respond to Requests for Evidence and Notices of Intent to Deny during the COVID-19 pandemic.

Its last extension ended on March 23, 2023. That means that from this point forward, applicants and petitioners must respond to any notices or requests from USCIS, dated after March 23, by the deadlines listed in the notice or request. This includes:

  • 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 centers;
  • Notices of Intent to Withdraw Temporary Protected Status; and
  • Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

Applicants who are filing Form I-290B, Notice of Appeal or Motion, or Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), regarding a decision dated after March 23, 2023, must comply with the deadlines stated on the form instructions.

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USCIS has just made it a lot easier for Lawful Permanent Residents with a lost, stolen, or misplaced green card to obtain evidence of their immigration status. Last week, the Service announced that LPRs may now request an Alien Documentation, Identification, and Telecommunication (ADIT) or I-551 stamp by mail as temporary evidence of their permanent resident status, instead of having to visit a local USCIS field office.

Who needs an ADIT stamp?

The ADIT (Alien Documentation, Identification and Telecommunication systems) stamp (also known as an I-551 stamp) is placed on an individual’s passport or I-94 card as temporary evidence of the alien’s lawful permanent resident status, where the alien no longer has the green card in their possession either due to loss, theft, or where a replacement green card has not yet been issued, or where the alien is waiting for an extension of his or her LPR status to be approved and their extension notice has expired.

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In this blog post, we give you an update on the status of the proposed rule increasing the filing fees for certain applications and petitions filed with the United States Citizenship and Immigration Services (USCIS).

As you may remember, on January 4, 2023, USCIS published a Notice of Proposed Rulemaking (NPRM) in the Federal Register proposing an increase in the filing fees of many types of applications, including but not limited to, the I-485 Application to Register Permanent Residence or Adjust Status, N-400 Application for Naturalization, I-129F petition for alien fiancé(e), Form I-130 Petition for Alien Relative, Form I-751 Petition to Remove Conditions on Permanent Residence, Form I-129 Petition for Nonimmigrant Worker for H, L, and O classifications, Form I-526 Immigrant Petition for the EB-5 Immigrant Investor Program, Form I-765 Application for Employment Authorization, among many others.

The proposed rule also sought to do the following:

  • Incorporate biometrics costs into the main benefit fee and remove the separate biometric services fee
  • Require separate filing fees for Form I-485 and associated Form I-131 and Form I-765 filings
  • Establish separate fees for Form I-129, Petition for Nonimmigrant Worker, by nonimmigrant classification.
  • Revise the premium processing timeframe interpretation from 15 calendar days to 15 business days
  • Create lower fees for certain immigration forms filed online.

Under the Administrative Procedure Act, before the government can implement a proposed rule they must abide by a mandatory notice-and-comment rule-making process. This includes offering a public comment period of at least 60 days from the date of the NPRM’s publication in the Federal Register.

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In this blog post, we provide an immigration roundup regarding the latest immigration news.

USCIS Recommends AOS applicants submit all evidence with Form I-485, including Medical Examination

Those who are applying for adjustment of status should be aware that USCIS has recommended green card applicants submit all required initial evidence and supporting documentation at the time of filing the Form I-485.

This practice is recommended to avoid the issuance of a Request for Evidence (RFE). An RFE is issued where USCIS finds that further evidence or supporting documentation is needed to complete the adjudication of your case. It is also beneficial to submit all supporting evidence at the time of filing Form I-485 to avoid delays in the long-run, and where the immigration officer may find that an in-person interview is unnecessary, electing to waive the interview requirement.

Additionally, applicants are advised to submit Form I-693, Report of Medical Examination and Vaccination Record, at the same time of filing Form I-485. USCIS points out that the I-693 Medical Examination is valid for two years after the date the civil surgeon signed the examination. USCIS has also temporarily waived the requirement that the civil surgeon’s signature be dated no more than 60 days before filing Form I-485 until March 31, 2023.

Changes to Filing Location for Form I-360 and Form I-485 for Self-Petitioning Abused Spouses, Children, and Parents

USCIS has announced that beginning Friday, February 10, 2023, self-petitioning abused spouses, children, and parents must file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, and Form I-485, Application to Register Permanent Residence or Adjust Status, at the Nebraska Service Center instead of the Vermont Service Center.

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The Green Card and Employment Authorization Document just got a brand-new look.

In this post, we bring you the lowdown on what you can expect. USCIS recently announced that the agency will be issuing newly redesigned Permanent Resident Cards (also known as green cards) and Employment Authorization Documents (EADs) starting Monday, January 30, 2023.

The previous design was implemented in 2017. To mitigate the risk of fraud and counterfeiting, USCIS redesigns green cards and EADs every three to five years.

The new design includes state-of-the-art technology designed to improve its security and integrity against counterfeiting.

Along with completely redesigned artwork, the new green card and EADs come with tactile printing, enhanced optically variable ink, secure holographic images on the front and back, and a new layer-reveal feature showcasing a partial window on the back photo box, and data fields that have been placed in different areas than on previous versions.

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In this post, we bring you great news regarding COVID-19-related flexibilities for responses to Requests for Evidence, NOIDs, and such related notices issued by the U.S. Citizenship and Immigration Services.

What do I need to know about this new update?

USCIS RFE/NOID Flexibility Continued for Responses to Agency Requests

USCIS 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 January 24, 2023, USCIS made the announcement that it will grant one FINAL extension to 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 March 23, 2023. 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 March 23, 2023 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;
  • Notices of Intent to Withdraw Temporary Protected Status; and
  • Motions to Reopen an N-400 pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

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Welcpuzzle-g75f3e575f_1920ome back to Visalawyerblog! We hope you had a wonderful holiday break and wish you a prosperous new year ahead.

We kick off the new year with some important updates in the world of immigration.

Today, the United States Citizenship and Immigration Services (USCIS) officially announced a Notice of Proposed Rulemaking (NPRM) that will be posted in the Federal Register tomorrow Wednesday, January 4, 2023 that will increase filing fees for certain types of immigration benefits. An unpublished version is already available in the Federal Register.

A 60-day public comment period will follow the publication of the NPRM on January 4, 2023 and will close on March 5, 2023.

Fees will not change until the final rule goes into effect, and only after the public has had the opportunity to comment and USCIS finalizes the fee schedule in response to such public comments. USCIS will host a public engagement session on the proposed fee rule on January 11, 2023.

According to USCIS, the proposed fee increases are necessary to ensure that the agency will have enough resources to provide adequate services to applicants and petitioners moving forward. The agency has said that after having conducted a review of current fees, it has determined that it cannot cover the full cost of providing adjudication and naturalization services without a fee increase.

The agency cited the COVID-19 pandemic as one of the factors leading the agency to increase its fees. As you may recall, the pandemic caused a dramatic reduction in the filing of new applications, leaving USCIS with a substantial decrease in revenues of 40 percent. This unfortunate drop in applications led USCIS to reduce its workforce accordingly.

With current resources, the agency has said it is incapable of adjudicating applications in a timely manner, when considering that agency caseloads are now returning to pre-pandemic levels.

Among the new proposals included in the NPRM are measures that:

  • Incorporate biometrics costs into the main benefit fee and remove the separate biometric services fee
  • Require separate filing fees for Form I-485 and associated Form I-131 and Form I-765 filings
  • Establish separate fees for Form I-129, Petition for Nonimmigrant Worker, by nonimmigrant classification.
  • Revise the premium processing timeframe interpretation from 15 calendar days to 15 business days
  • Create lower fees for certain immigration forms filed online.

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Have you ever wondered: is there an exception to the COVID-19 vaccine requirement mandated by the U.S. Citizenship and Immigration Services (USCIS) for those undergoing the green card process?

In this blog post, we share with you how our office was able to obtain successful waivers of the COVID-19 vaccine requirement, information about what exceptions exist to the vaccine requirement, the criteria that must be proven to obtain a vaccine waiver, and the resulting victories we gained on behalf of our clients.

We also describe how we were able to accomplish vaccine waiver approvals, by presenting an abundance of documentary evidence to help these individuals prove their case.

An Overview: What is the COVID-19 Vaccination Requirement

In response to the rapid rise in Coronavirus cases, the U.S. government announced that starting October 1, 2021, those applying for permanent residency (a green card) within the United States, or an immigrant visa abroad, would be required to be fully vaccinated against COVID-19 (one or two doses depending on the vaccine taken).

The Medical Examination Form I-693

As part of the green card process, applicants are required to complete a medical examination conducted by a civil surgeon on Form I-693, to establish that they are not inadmissible to the United States on public health grounds. The government made it a matter of policy as of October 1, 2021, to require all those subject to the medical examination requirement to complete the COVID-19 vaccination to prove their admissibility (and therefore) receive approval of their green cards.

The U.S. Citizenship and Immigration Service announced that this policy would apply “prospectively to all Forms I-693 [medical examinations] signed by the civil surgeons” on or after October 1, 2021. The agency also took steps to revise Form I-693 and its instructions to include the new vaccination requirement.

Its policy guidance followed the recommendations of the U.S. Centers for Disease Control and Prevention’s (CDC) August 17, 2021, update to the Technical Instructions for Civil Surgeons. The CDC update requires applicants subject to the immigration medical examination to “complete the COVID-19 vaccine series [in addition to the other routinely required vaccines] and provide documentation of vaccination to the civil surgeon or panel physician in person before completion of the medical examination.”

Does the COVID-19 vaccination requirement also apply to those seeking immigrant visas at U.S. Embassies and Consulates abroad?

Yes. The government made clear that the COVID-19 vaccination requirement applies to those seeking to adjust their immigration status within the United States, as well as applicants applying for immigrant visas at U.S. Embassies and Consulates abroad. That is because complete vaccination is necessary for a medical examination conducted by a civil surgeon or physician abroad, as part of the green card admissibility process.

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In this blog post, we share with you new developments related to immigration law.

Uniting for Ukraine: USCIS Extends Completion of Medical Screening & Attestation Within 90 Days of Arrival to the United States 

Effective immediately, the United States Citizenship and Immigration Services (USCIS) has announced that it will extend the amount of time that beneficiaries paroled into the United States under the “Uniting for Ukraine” program must comply with the medical screening and attestation requirements for required vaccinations such as tuberculosis and COVID-19. Previously, parolees were required to complete the medical screening and attestation requirements within 14 days of their arrival to the United States.

Now, Uniting for Ukraine parolees will be given 90 days from the date of their arrival to the United States to fulfill the attestation requirement, which is one of the conditions of being granted parole. The attestation can be completed in the beneficiary’s USCIS online account. USCIS notes that beneficiaries are responsible for arranging to have their vaccinations and medical screening for tuberculosis, including an Interferon-Gamma Release Assay (IGRA) blood test.

Those who test positive for tuberculosis, may be subject to additional procedures such as undergoing additional screening (a chest radiograph, isolation, and treatment if applicable).

Beneficiaries will also be required to complete the tuberculosis screening attestation for their minor children within 90 days of arrival to the United States, even if the child is under the age of 2 years old and qualifies for an exception to the tuberculosis test screening.

For more information and resources, please visit the Centers for Disease Control and Prevention’s Uniting for Ukraine: Information for TB Programs page.

For more information about the Uniting for Ukraine program please click here.

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Are you a Cuban national with a pending immigrant visa application? If so, we have some great news for you.

The Department of State today announced that the U.S. Embassy in Havana, Cuba will now be responsible for scheduling all immediate relative immigrant visa appointments, including those of spouses and children under 21 of U.S. citizens (IR/CR-1 and IR/CR-2), with interviews beginning in July 2022.

Previously, the Department of State announced that Havana would be scheduling interviews for applicants in the IR-5 category (parent of a U.S. Citizen) that began their processing there in May 2022.  While the government is working to expand services to reduce the ongoing backlogs, the U.S. Embassy in Georgetown, Guyana will continue to remain the primary processing location for all other Cuban immigrant visa applicants (IR/CR-1, IR/CR-2 and IR-5).

Documentarily Qualified Notifications on or after June 8th – U.S. Embassy Havana

IR/CR-1 and IR/CR-2 applicants who were notified on or after June 8, 2022 that their case is ready to be processed will have their interview scheduled at the U.S. Embassy Havana, not the U.S. Embassy in Georgetown, beginning in July.

Documentarily Qualified Notifications before June 8th – U.S. Embassy Georgetown

IR/CR-1 and IR/CR-2 applicants who were notified prior to June 8, 2022 that their case was ready to be processed will be interviewed at the U.S. Embassy Georgetown, also beginning in July.

The Department of State has said that neither the U.S. Embassy in Havana nor the U.S. Embassy in Georgetown will be able to assist with requests to transfer cases due to resource constraints.

The government will continue to evaluate, further expansion of visa processing in Havana depending on resources and country conditions.

Additionally, the U.S. Embassy in Havana will continue to offer services for American Citizens and limited emergency nonimmigrant visa processing. For further information please review the embassy’s website for updates at https://cu.usembassy.gov/consular-services-available-at-u-s-embassy-havana/.

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