Visa Lawyer Blog

Articles Posted in Permanent Residents

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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 share with you the most recent updates in immigration news.

We have important information for EB-5 Regional Center Investors. The United States Citizenship and Immigration Services (USCIS) recently announced that beginning Wednesday March 15, 2023, the biometrics requirement and its associated $85 biometrics fee will be eliminated for EB-5 investors filing Form I-526E, Immigrant Petition by Regional Center Investor.

Regional Center investors are those that are pooling their investment with one or more qualified immigrants participating in the Regional Center Program.

This means that starting March 15, investors will no longer need to submit the fee for biometrics services with Form I-526E.

Why the change?

USCIS has determined that universal biometrics collection is no longer necessary. However, in some circumstances, the agency may still request biometrics from certain investors  under INA 203(b)(5)(H)(iii), 8 CFR 103.2(b)(9), or under other applicable authorities.

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In this blog post, we share with you new information provided by the American Immigration Lawyers Association (AILA) Department of State Liaison Committee following a meeting with the National Visa Center (NVC) addressing some common issues of concern for immigrant visa applicants waiting for their visas to be processed at the NVC and immigrant visa scheduling at U.S. Embassies and Consulates abroad.

We provide a summary of the questions asked and responses from the Department of State down below. This discussion was part of a meeting with representatives from the Bureau of Consular Affairs, taking place on February 9, 2023.

NVC Statistics for Documentarily Complete Cases

Question: Can NVC confirm how many cases were completed in FY2022 compared with the 342,392 completed in FY2021?

Answer: Documentarily Complete cases (documents received, reviewed, and case entered into scheduling queue) by Fiscal Year:

  • FY 2020 = 321,274
  • FY 2021 = 342,392
  • FY 2022 = 343,277

Question: Can NVC confirm how many cases have been completed so far in FY 2023?

Answer: The number of immigrant visa cases determined to be documentarily complete by the National Visa Center thus far in fiscal year 2023 (as of 27 January 2023) is 140,084.

Question: What is the monthly volume of immigrant visa cases that the NVC processes?

Answer: On average, during FY 2022, NVC performed case creation for nearly 14,974 immigrant visa petitions, received 20,987 ELIS petitions from USCIS, and reviewed supporting forms and documents for another 72,337 immigrant visa cases per month.

Question: What is the monthly volume of nonimmigrant (fiancé) visa cases that the NVC processes?

Answer: On average, during FY 2022, NVC performed case creation for 1,138 l-129F petitions for Alien Fiancé(e)s per month.

Question: If a document is not considered acceptable, and the attorney re-submits the requested documents, on average, how long does the NVC take to review the new evidence?

Answer: When missing documentation is subsequently provided, it is reviewed in the order it was received. NVC processing times have dropped significantly in the past year. Applicants may refer to the NVC Timeframes page on travel.state.gov to track the current Document Review processing time. NVC Processing dates are updated weekly.

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The U.S. Department of State has released its March 2023 Visa Bulletin.

To help you prepare for your upcoming immigrant visa or green card filing, we share what you can expect to see in the employment based and family preference categories for the month of March.

What is the Visa Bulletin?

The Department of State releases the visa bulletin on a monthly basis, which summarizes the availability of immigrant visa numbers for that particular month in the employment and family preference categories.

To be eligible to file an employment-based adjustment of status application in March 2023, foreign nationals must have a priority date that is earlier than the Dates for Filing chart as listed in the Department of State’s March Visa Bulletin.

Those currently residing in the United States, may file for adjustment of status once their priority dates become current, following the Dates for Filing chart according to the adjustment of status filing guidance published by the U.S. Citizenship and Immigration Services (USCIS).

Adjustment of Status Filing Chart March 2023

For Family-Sponsored Filings:

Pursuant to guidance released by USCIS, for all family-sponsored preference categories, applicants must use the Dates for Filing chart in the Department of State Visa Bulletin for March 2023.

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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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USCIS Updates Policy Manual Clarifying Physical Presence Requirement for Asylees and Refugees

The U.S. Citizenship and Immigration Services (USCIS) recently updated its Policy Manual to clarify that BOTH asylees and refugees must have been physically present in the United States for one year at the time the Immigration Officer adjudicates their Form I-485, Application to Register Permanent Residence or Adjust Status, rather than at the time the individual files their adjustment of status application.

This policy is effective immediately and applies to all Form I-485 Applications to Register Permanent Residence or Adjust Status and Form N-400, Applications for Naturalization, that are pending on February 2, 2023, and applications filed on or after that date.

What does this mean?

This means that in order to be eligible for adjustment of status (a green card), an asylee or refugee must have been physically present in the United States for at least 1 year after either being granted asylum status or admitted as a refugee.

Additionally, the policy manual:

  • Provides that asylees and refugees are required to accrue 1 year of physical presence by the time of adjudication of the adjustment of status application, rather than by the time they file the application (and that USCIS may request additional information to determine such physical presence in the United States).
  • Clarifies that asylee and refugee adjustment applicants who have held the immigration status of exchange visitor (J-1 or J-2 nonimmigrants) and who are subject to the 2-year foreign residence requirement under INA 212(e) are not required to comply with or obtain a waiver of such requirement in order to adjust status under INA 209.
  • Makes technical updates, including clarifying processing steps for refugees seeking waivers of inadmissibility and removing references to the obsolete Decision on Application for Status as Permanent Resident (Form I-291).
  • Provides that USCIS considers a refugee or asylee who adjusted status to a permanent resident despite filing for adjustment before accruing 1 year of physical presence to have been lawfully admitted for permanent residence for purposes of naturalization if the applicant satisfied the physical presence requirement at the time of approval of the adjustment of status application.

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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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girls-gd854827cc_1280Welcome back to the start of a brand-new week! In this blog post we share with you an exciting new update from the United States Citizenship and Immigration Services (USCIS).

Today, January 23, 2023, USCIS announced that it is extending the green card validity period of conditional permanent residents who have a pending Form I-751 Petition to Remove Conditions on Residence or Form I-829 Petition by Investor to Remove Conditions on Permanent Resident Status for EB-5 immigrant investors, as well as those filing new petitions.

What is this all about?

USCIS is extending validity of Permanent Resident Cards (also known as Green Cards) for a period of 48 months (4 years) beyond the green card’s expiration date for petitioners who properly file Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status.

USCIS began to implement this extension on January 11, 2023, for Form I-829 petitioners and has announced that it will start to implement the extension starting on January 25, 2023, for Form I-751 petitioners.

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