Visa Lawyer Blog

Articles Posted in USCIS Backlogs

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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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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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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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Today, January 12, 2023, the U.S. Citizenship and Immigration Services (USCIS) announced that it is implementing the final phase of its expansion of premium processing for Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 immigrant classifications.

Who does this phase apply to?

This phase applies to new (initial) petitions, and all previously filed Form I-140 petitions under an E13 multinational executive and manager (EB-1C) classification or E21 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW) (EB-2).

When does premium processing open for new and pending EB-1C and EB-2 petitions?

Under the final phase of premium processing, effective January 30, 2023, USCIS will begin accepting premium processing upgrades for:

  • All pending E13 multinational executive and manager petitions (EB-1C) and E21 NIW petitions (EB-2), and
  • All initial E13 multinational executive and manager petitions (EB-1C) and E21 NIW petitions (EB-2)
  • Petitioners who wish to request a premium processing upgrade must file Form I-907, Request for Premium Processing Service.

The expansion of premium processing was first known to the public with the release of the final rule entitled, “Implementation of the Emergency Stopgap USCIS Stabilization Act,” published in the Federal Register on March 30, 2022. As part of this final rule, USCIS announced the gradual expansion of premium processing to certain additional form types over a three-year period.

Background of the Planned Expansion of Premium Processing

The first phase of the planned expansion of premium processing was announced during May of 2022 and applied to certain pending EB-1 Multinational Executive and Manager and EB-2 NIW petitions.

Later, in July the agency announced a second phase of premium processing expanding premium processing of these categories to EB-1C petitions received by USCIS on or before July 1, 2021, and EB-2 petitions received by USCIS on or before August 1, 2021.

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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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We close off the week with some new announcements from the United States Citizenship and Immigration Services (USCIS) regarding TPS extensions for Haitian nationals, and USCIS commitments to improve immigration in the new year – fiscal year 2023.

TPS Extended for Haitian Nationals

On December 5, 2022, the Secretary of Homeland Security, Alejandro N. Mayorkas, announced that the TPS designation for Haiti will be automatically extended for 18 additional months. Haitian nationals with TPS benefits will have the opportunity to re-register for an extension of their TPS benefits for a period of 18 months from February 4, 2023, through August 3, 2024.

This automatic extension has been granted because the Secretary has determined that conditions continue to exist to support Haiti’s TPS designation due to extraordinary and temporary conditions in the country including a prolonged political crisis, insecurity, gang violence, and catastrophic earthquakes. According to Secretary Mayorkas, “The conditions in Haiti, including socioeconomic challenges, political instability, and gang violence and crime – aggravated by environmental disaster – compelled the humanitarian relief we are providing today.”

As a reminder, Haitians entering the United States after November 6, 2022, are not eligible for TPS benefits and, will be subject to removal from the United States if they have no legal basis to remain in the country.

TPS will apply only to those individuals who have already been residing in the United States as of November 6, 2022, and who meet all other requirements to receive the TPS extension. Those who attempt to travel to the United States after November 6, 2022, are NOT eligible for TPS benefits.

Soon, the Department of Homeland Security will publish a notice in the Federal Register explaining the eligibility criteria and procedures to re-register for TPS, renew Employment Authorization Documents (EADs), and submission of initial TPS application under the re-designation.

For more information, please click here.

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Happy Halloween! In this blog post, we bring you a brand-new immigration update.

On October 21, 2022, the Department of Homeland Security (DHS) announced the designation of Ethiopia for Temporary Protected Status (TPS) for a period of 18 months. This decision marks Ethiopia’s first designation for TPS.

This designation was made based on ongoing armed conflict and extraordinary and temporary conditions in Ethiopia that prevent its nationals from safely returning to their country. Concerns relating to conflict-related violence including killings, rape, and gender-based violence prompted the Secretary of Homeland Security to make this decision. Other temporary conditions further complicate the return of Ethiopian nationals including flooding, drought, and disease outbreaks.

In response to the DHS announcement, Secretary of Homeland Security Alejandro N. Mayorkas explained, “Ethiopian nationals currently residing in the U.S. who cannot safely return due to conflict-related violence and a humanitarian crisis involving severe food shortages, flooding, drought, and displacement, will be able to remain and work in the United States until conditions in their home country improve.”

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We start off the week with the latest 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 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.

Today, Monday, October 24, 2022, 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 24, 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.

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In this blog post we share with you some great news for lawful permanent residents filing Form I-90 Application to Replace or Renew existing permanent resident cards.

On September 28, 2022, the U.S. Citizenship and Immigration Services (USCIS) announced that beginning September 26th the agency will be automatically extending the validity of Permanent Resident Cards (Green Cards) to 24 months for lawful permanent residents who file the Form I-90.

All green card holders who file Form I-90 to renew an expiring or expired green card will receive this automatic extension on their receipt notice. Previously, Form I-90 receipt notices for green card renewal applicants provided an automatic extension of only 12-months.

USCIS has already started printing amended receipt notices for individuals that have a pending Form I-90 application with USCIS, granting the 24-month extension.

These receipt notices can be presented with an expired Green Card as evidence of continued status to employers, and during international travel. The additional 12-month validity period was provided as a form of relief to those applicants who have been experiencing longer processing times.

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

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 October 2022

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 October 2022.

For Employment-Based Preference Filings:

All applicants, falling under employment-based preference categories, must use the Dates for Filing chart in the Department of State Visa Bulletin for October 2022.

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