Visa Lawyer Blog

Articles Posted in Conditional Green Cards

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In this blog post we share with you some breaking news for green card applicants applying for adjustment of status on Form I-485, as well as those applying for immigrant visas from abroad.

As part of the green card process, USCIS and the Department of State require applicants to undergo a medical examination with a doctor designated as a civil surgeon, to establish that the applicant is not inadmissible to the United States on public health grounds.

According to new guidelines released by the Centers for Disease Control, beginning October 1, 2021, green card applicants will now be required to establish that they have received a complete COVID-19 vaccine series, in order to be deemed eligible for permanent residence. Following the release of this new guidance, COVID-19 was added to the list of vaccinations required of those seeking U.S. lawful permanent residence.

The new vaccine requirement will apply to routine medical examinations necessary for both adjustment of status applicants applying for green cards in the United States and immigrant visa applicants applying at U.S. embassies and consulates abroad.

Who must take the COVID-19 vaccine?

All applicants (1) applying for I-485 adjustment of status (a green card) or (2) those applying for an immigrant visa abroad, who will receive their medical examination from a Civil Surgeon or Panel Physician on or after October 1, 2021, will be subject to this requirement and are encouraged to complete a COVID-19 vaccine series as soon  as possible.

Eligible applicants must complete the COVID-19  vaccine  series if  a  COVID-19  vaccine  listed  for  emergency  use  by  the World  Health  Organization  (WHO)  or  licensed  or  authorized  for  emergency  use  by  the  U.S. Food  and  Drug Administration  (FDA)  is  available  to  the  applicant  in  the  country  where  the  medical  examination  is  conducted.

How can I show that I have met the vaccine requirement?

Applicants must complete the COVID-19 vaccine series and provide documentation of vaccination to the civil surgeon in person before completion of the medical examination.  The COVID-19 vaccination requirement will differ from previous requirements in that the entire vaccine series (1 or 2 doses depending on formulation) must be completed in addition to the other routinely required vaccines.

How long will the COVID-19 vaccine requirement be in place?

These COVID-19 vaccine requirement will be in place until the CDC determines the vaccine is no longer needed to prevent the importation and spread of COVID-19.

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Exciting news for adjustment of status applicants filing their green card applications! On August 12, 2021, the United States Citizenship and Immigration Services (USCIS) announced that the agency will be temporarily extending the validity period of medical examination (known as Form I-693, Report of Medical Examination and Vaccination Record), from two years to now four years due to COVID-19 related delays in processing applications. For those who are unaware, a sealed medical examination signed by a USCIS authorized civil surgeon on Form I-693 is a required component to receive lawful permanent resident status.

Who Will Benefit from this New Policy?

Effective immediately, USCIS will extend your Form I-693 medical examination if all of the following is true:

  • The civil surgeon’s signature on the medical examination (Form I-693) is dated no more than 60 days before the applicant filed Form I-485, Application to Register Permanent Residence or Adjust Status;
  • No more than four years have passed since the date of the civil surgeon’s signature on Form I-693; and
  • A decision on the applicant’s Form I-485 is issued on or before Sept. 30, 2021.

Why is the validity of the medical exam being extended?

According to USCIS, this change is being made temporarily due to COVID-19 related processing delay that have affected the ability of many applicants to complete the required immigration medical examination. Previously, USCIS considered a completed Form I-693 to retain its validity for two years after the date the civil surgeon signed, as long as the date of the civil surgeon’s signature was no more than 60 days before the applicant filed for adjustment of status. Now the validity of the medical examination Form I-693 is being extended to four years (see the criteria above).

USCIS also revealed that it will be approving a record number of employment-based adjustment of status applications, with more approvals than it has issued since FY 2005.  The agency has prioritized the processing and adjudication of employment-based adjustment of status applications during this fiscal year. The agency vows to continue to make processing and resource allocation decisions to increase the pace of adjudications and limit the potential for employment-based visa numbers to go unused.

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Exciting news for green card applicants! On August 9, 2021, the United States Citizenship and Immigration Services (USCIS) announced a new partnership with the Social Security Administration that will allow most applicants filing for adjustment of status to register lawful permanent residence, to apply for a new Social Security number or replacement Social Security card using the newly updated Form I-485 Application to Register Permanent Residence or Adjust Status.

As many of you know, a foreign national must show evidence of their identity and employment eligibility before they can lawfully work in the United States. An acceptable document showing such employment eligibility is an unrestricted Social Security card issued by the Social Security Administration.

Previously, applicants granted lawful permanent resident status were required to attend their local Social Security office and submit documentation in person in order to obtain their Social Security card.

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Welcome back to Visalawyerblog! In this blog post, we will cover the release of the August 2021 Visa Bulletin and what you can expect for employment based and family preference categories during the month of August.

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.

If you would like to follow along on each month’s progress for the Visa Bulletin please be on the lookout for the next “Chats with Charlie” on the DOS YouTube Channel, a monthly series recently launched by the State Department where Charlie Oppenheim, Chief of the Immigrant Visa Control & Reporting Division of the U.S. Department Of State, answers your frequently asked questions regarding each month’s Visa Bulletin.

Adjustment of Status Filings for those lawfully residing in the United States

Unless otherwise indicated on the U.S. Citizenship and Immigration Services (USCIS) website at www.uscis.gov/visabulletininfo, individuals seeking to file applications for adjustment of status with USCIS must use the “Final Action Dates” charts to determine when they can file such applications. When USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, USCIS will state on its website www.uscis.gov/visabulletininfo that applicants may instead use the “Dates for Filing Visa Applications” charts in this Bulletin.

Adjustment of Status Filing Chart August 2021

For Family-Sponsored Filings:

Pursuant to guidance released by USCIS, in the F2A category, there is a cutoff date on the Dates for Filing chart. However, the category is “current” on the Final Action Dates chart. This means that applicants in the F2A category only may file using the Final Action Dates chart in the Department of State Visa Bulletin for August 2021.

For all other family-sponsored preference categories, applicants must use the Dates for Filing chart in the Department of State Visa Bulletin for August 2021.

For Employment-Based Preference Filings:

All applicants falling under employment-based preference categories, must use the Final Action Dates chart in the Department of State Visa Bulletin for August 2021.

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Welcome back to Visalawyerblog and a very happy Thursday to all our loyal readers. In this blog post, we bring you the latest information regarding the expiration of the EB-5 Regional Center program.

What is the EB-5 Regional Center Program?

To become eligible to receive a green card (permanent residence) under the EB-5 Immigrant Investor Program, a foreign national must make either (1) a direct investment in a new commercial enterprise or (2) an investment in a Regional Center project, resulting in the creation of at least 10 jobs, during the time that the investor is granted conditional permanent residence. These are considered the two different “types” of investments under the EB-program. The amount required to be invested depends on whether the investment is “direct” or made in a Regional Center project.

Several considerations need to be taken into account by the investor when deciding which type of investment is right for them (whether “direct” or in a Regional Center). Most often “direct” investment is the most suitable option where the foreign investor wishes to open and operate his own commercial enterprise in the United States and wants to have full control over his or her investment.

The “direct” EB-5 program has three basic requirements: (1) investment in a “new commercial enterprise” (2) of at least $1,000,000 (or $500,000 if the investment is being made in a Targeted Employment Area (TEA) that is underserved) (3) that results in the creation of at least 10 new full-time jobs. Investors are also required to take an active enough role in the business having at least a policy-making position.

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The news we have all been waiting for is finally here. The Democratic controlled House of Representatives has taken a colossal step toward making comprehensive immigration reform a reality. On Thursday evening, members of the House voted along party lines to approve two legislative proposals that would create a pathway to citizenship for an estimated eleven million undocumented immigrants living in the United States, including Dreamers and farmworkers. These proposals are known as (1) the American Dream and Promise Act of 2021 and (2) the Farm Workforce Modernization Act of 2021.

What is the American Dream and Promise Act – H.R. 6?

The American Dream and Promise Act, also known as H.R. 6, creates an earned path to citizenship for more than two million Dreamers who were brought to the United States as children, as well as beneficiaries of certain temporary humanitarian programs including recipients of Deferred Enforced Departure (DED) and Temporary Protected Status (TPS). This proposal consists of

Title I: Dream Act of 2021

Title I of the Act would allow certain long-term residents who entered the United States as children to apply for conditional permanent resident status. Those who would obtain conditional permanent resident status would be considered lawfully admitted for permanent residence under the law.

Requirements

The American Dream and Promise Act would grant Dreamers conditional permanent resident status for 10 years, and cancel removal proceedings if they:

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