On January 17, 2025, the United States and Canada entered into an agreement to enable the automated exchange of biographical and biometric information of permanent resident holders in both countries.

This is an expansion of a previous agreement signed in 2012, which enabled the transfer of information for non-permanent resident holders only. The agreement has been expanded to help vet identity, strengthen admissibility screenings, and facilitate visa issuances for individuals with a proven history of immigration compliance in both the U.S. and Canada. 

Read more here and here. 

According to a recent announcement, current American Administration plans to create a Gold Card program (green card for wealthy individuals interested in becoming US residents and US citizens).

As was announced, this new type of residency would provide a pathway to U.S. citizenship through the investment of US$5 million.

At this time, there are specific details and requirements for this new program. The Administration has indicated that the Gold Card would be adjudicated in expedited manner (contrary to the existing EB-5 immigrant investor program), and will not have an annual quota (contrary to the EB-5 program which is limited to 10,000 per year).

As was said, the revenue from this new immigration program could be used to help reduce the national debt (contrary to the EB-5 program which is focused on the job-creation for American citizens).

Another difference is that the EB-5 program provides for "conditional" Green Card valid for two years only, after which an investor and his family must engage in another lengthy process of "removing the conditions" and getting a permanent Green Cards for ten years.

The administration’s current plan is to have the Gold Card visa replace the EB-5 immigrant investor visa, which has been the only investment-based green card option since 1990s.

The currently existing EB-5 program requires an investment of $800,000 or $1,050,000 in a U.S. business, the creation of 10 jobs for U.S. workers, and local economic growth. The process involves proving a lawful source of investment funds and a suite of other investment requirements to be approved for and maintain their permanent residence status.
The EB-5 program was initially created in 1990 by Congress and went through a legislative overhaul with the EB-5 Reform and Integrity Act (RIA). The RIA tightened the program’s regulatory, compliance, and oversight components to enhance investor protections. It also reauthorized the regional center program through September 30, 2027. Eliminating the program early would require Congressional approval.
In alternative, the proposed Gold Card and the EB-5 visa programs could co-exist as two separate programs, each striving for different investor demographics and economic goals.

​It was suggested, the Gold Card, with a higher price tag and expedited process (and different tax benefits), would attract wealthy individuals and provide significant funds directly to the U.S. government. EB-5 visa, on the other hand, involves a lower investment amount and a slower process, but is more accessible to a larger pool of potential investors and provides economic benefits directly to American workers and local economies.

In Russian:

Недавно объявленный план Белого Дома заключается в том, чтобы виза Gold Card заменила иммиграционную инвесторскую визу EB-5, которая была единственным вариантом получения грин-карты на основе инвестиций с 1990-х годов.

Действующая в настоящее время программа EB-5 требует инвестиций в размере US$800 000 или US$1 050 000 долларов в американский бизнес, создания 10 рабочих мест для граждан США и экономического роста и т.п. Процесс включает в себя подтверждение законного источника инвестиционных средств и ряд других инвестиционных требований для одобрения и сохранения статуса постоянного резидента.

Программа EB-5 была первоначально создана в 1990 году Конгрессом и прошла законодательную реформу с принятием Закона о реформе и добросовестности EB-5 (RIA). RIA ужесточила нормативные, контрольные и надзорные компоненты программы для усиления защиты инвесторов. Она также повторно разрешила программу региональных центров до 30 сентября 2027 года. Для досрочной отмены программы потребуется одобрение Конгресса.

В качестве альтернативы предлагаемые программы Gold Card и визы EB-5 могли бы сосуществовать как две отдельные программы, каждая из которых интересна разным группам инвесторов.

Предполагается, что Gold Card с более высокой ценой инвестиций (или "покупки" вида на жительство) и ускоренным процессом привлечет состоятельных людей, которые заинтересованы в получении вида на жительство и гражданство США (с особым режимом налогообложения, что также важно). Виза EB-5, с другой стороны, предполагает меньшую сумму инвестиций и более медленный процесс, и не дает никаких бенефитов в смысле налогообложения, но она более доступна для большего числа потенциальных инвесторов и обеспечивает экономические выгоды напрямую американским работникам и местной экономике.

Мы будем публиковать новости на эту тему в нашем блоге и на ютуб канале. 

​https://www.youtube.com/@lubasmalimmigrationlawyer

​

Q: I have been a permanent resident since 2023. What is the process for a green card holder to bring their new spouse from India to the USA after obtaining permanent residency?
​
A: Congratulations on your marriage!

1. File the I-130 petition for your spouse. It can be filed by mail, but it is better to file it online at myUSCIS (http://my.uscis.gov) website.
2. Wait until form I-130 is approved by USCIS.
3. Wait until your Priority date is current. NVC will notify you and create an online account before that.
4. Submit a visa application, form DS-260, online. Save a Confirmation Page (for the interview) and the application itself (for your records).
5. Prepare and submit form I-864, Affidavit of Support. Attach all required documents. Send some of them documents to your spouse.
6. Wait for a visa interview date to be scheduled. The NVC will email you.
7. Your spouse will attend a medical examination after the interview is scheduled.
8. Your spouse will attend an immigrant visa interview at the US embassy or consulate in their home country.
9. If/when a visa is issued, you will pay the final Green Card fee of $235 online to USCIS, and your spouse can travel to the USA. An immigrant visa is usually valid for 6 months or less.
10. Once arrived in the US, she/he becomes a permanent resident. A green card and a social security card will be mailed to your or your attorney’s address within 2–3 months.
​
P.S. If you obtained your residency (aka green card) through a marriage to a US citizen, you should consult an attorney before starting the process for your new spouse.

If you need legal advice or help, please email or schedule a consultation with an attorney, please email or use our online scheduler at Calendly.com/lubasmal

Students studying in the United States in F or M visa status must have a foreign residence that they have no intention of abandoning. A new USCIS policy manual update has clarified that being the beneficiary of a PERM application or an immigrant visa petition does not mean the student cannot demonstrate their intention to depart after their temporary stay in the United States.

This was a particularly thorny issue before this clarification. For instance, students might be working in OPT or STEM OPT status for an employer that offers to sponsor them for a green card. Students would like to start a sponsorship soon in order to obtain a priority date, even if they might not be able to adjust status to permanent resident status for many years. The problem has been that being sponsored could mean they could not travel abroad and renew their F visas because they would be considered to have nonimmigrant intent. Indeed, they might be “trapped” in the United States until they manage to obtain H or L status (which allows dual intent).
​
USCIS acknowledges in the new guidance:
“The foreign residence requirement should be adjudicated differently for students than for other nonimmigrants. Typically, students lack the strong economic and social ties of more established applicants, and they plan longer stays in the United States. INA 101(a)(15)(F)(i) assumes that the natural circumstances of being a student do not disqualify the student from qualifying for nonimmigrant status. Considerations should include the student’s present intent, not what they might do after a lengthy stay in the United States.”
​
The new policy recognizes that students “are young” and may not be able to explain fully their plans or their post-graduation long-range plans. It should suffice that they have a present intent to leave the United States at the completion of their studies. Of course, nothing is guaranteed, and an officer adjudicating an F or M visa would have to look at all of the circumstances to determine the student’s present intent.

The new policy guidance also clarifies that students with STEM degrees may qualify for STEM OPT even if they will be working for a start-up company. Before this clarification, there were questions on whether a start-up with limited resources could provide the necessary training. What the guidance makes clear is that there is no presumption a start-up cannot sponsor STEM OPT. The company will need to show (among other things) that it has the ability to:

• Adhere to the training program;
• Remain in good standing with E-Verify; and
• Provide compensation to the STEM student that is basically equivalent to the pay provided to similarly situated U.S. workers.

The new policy guidance put together all existing policies regarding students (including, among others, eligibility, transfers, on-and-off campus employment, practical training, and transfers) making finding information about these topics easier. Please see USCIS added 6 chapters and an appendix.

​

Недавно в 118 Конгресс США был предоставлен новый законопроект Ukrainian Adjustment - суть которого в предоставлении постоянного вида на жительство или грин карт для граждан Украины, приехавших в США после начала военных действий в 2022.

Пока не известны детали этого законопроекта, в частности - кто будет иметь право подать заявление на грин карту (что касается членов семьи, которые не являются гражданами Украины), какие условия, когда, как подавать, стоимость и т.п. И пока не известно, пройдет ли этот законопроект и станет ли он Законом

Текст самого законопроекта пока не был опубликован на сайте Конгресса.

Мы будем следить за новостями и опубликуем как только будут известны подробности.

Это информация с сайта Конгресса США:

Text: H.R.3911 — 118th Congress (2023-2024) All Information (Except Text)As of 06/16/2023 text has not been received for H.R.3911 - To provide for adjustment of status of nationals of Ukraine, and for other purposes.

Bills are generally sent to the Library of Congress from GPO, the Government Publishing Office, a day or two after they are introduced on the floor of the House or Senate. Delays can occur when there are a large number of bills to prepare or when a very large bill has to be printed.
https://www.congress.gov/bill/118th-congress/house-bill/3911/text
​

U.S. Citizenship and Immigration Services announced on May 4, 2023, that it is now “affirmatively creating and providing documented evidence of their status to certain new asylees and lawful permanent residents upon our receiving notification that an immigration judge [IJ] or the Board of Immigration Appeals (BIA) has granted status.” USCIS said that by providing this evidence, “we can help ensure that new asylees and lawful permanent residents may seek employment, travel, and obtain other benefits they are entitled to,” USCIS said.

USCIS also said its field offices may now be able to provide this documentation by mail instead of having asylees and lawful permanent residents schedule an in-person appointment. USCIS began this effort in August 2022 by mailing Form I-94, Arrival/Departure Record, with asylee stamps to certain individuals who have been granted asylum by an IJ or the BIA. USCIS also has been issuing Permanent Resident Cards (green cards) to some lawful permanent residents when the agency is notified that the IJ or BIA has granted adjustment of status.

USCIS still instructs individuals granted asylum and lawful permanent resident status to contact the USCIS Contact Center to request proof of status because USCIS may not be notified in every case.
See more information here:: https://www.uscis.gov/newsroom/alerts/uscis-providing-documents-after-notice-of-immigration-judge-and-bia-decisions-about-immigration

On January 30, 2023, USCIS announced new designs for a Green Card or Form I-551, Permanent Resident Cards, and Form I-766, Employment Authorization Documents (EADs) or work permits.

USCIS began issuing the redesigned cards on Jan. 30, 2023. Some Permanent Resident Cards and EADs issued after Jan. 30, 2023, may still display the previous design format.

I attended a meeting with USCIS today, where they advised that the old design of a Green Card could be produced until May 2023, and the old design of a work permit - until February 2024.

The reason is the old stock that they want to use first.

New cards have new tactile features, a "layer reveal window" in the back, there is no fingerprint, the Stature of Liberty and the eagle were redesigned as well.

The introduction of new card designs does not mean that previously issued cards are invalid. Cards remain valid until their expiration date (unless otherwise noted, such as through an automatic extension of the validity period of the Permanent Resident Card or EAD as indicated on a Form I-797, Notice of Action, or in a Federal Register notice). Also, some older Permanent Resident Cards do not have an expiration date. These older Permanent Resident Cards without an expiration date remain valid.

​Samples of the new and old cards, as well as guidance regarding PRC and EAD auto-extensions, are available in the new Commonly Used Immigration Documents section of the SAVE webpage.

​Начиная с 30 января 2023 USCIS начал выдавать грин карты и разрешения на работу нового образца. Карточки старого образца будут выдаваться до тех пор пока USCIS не использует все их запасы, приблизительно до мая 2023 грин карты, и до февряля 2024 разрешения на работу.

Ваши старые карточки продолжают оставаться действительными и их не нужно обменивать на новые.

USCIS is extending the validity of Permanent Resident Cards (also known as Green Cards) 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 for 48 months (4 years) beyond the card’s expiration date. This change started on January 11, 2023, for Form I-829 and will start on January 25, 2023, for Form I-751.

USCIS has updated the language on Form I-751 and Form I-829 receipt notices to extend the validity of a Green Card for 48 months for individuals with a newly filed Form I-751 or Form I-829.

USCIS will issue new receipt notices to eligible conditional permanent residents who previously received notices with an extension shorter than 48 months and whose cases are still pending.

These receipt notices can be presented with an expired Green Card as evidence of continued status, while the case remains pending with USCIS. By presenting your updated receipt notice with your expired Green Card, you remain authorized to work and travel for 48 months from the expiration date on the front of your expired Green Card.
As a reminder, conditional permanent residents who plan to be outside of the United States for a year or more should apply for a reentry permit by filing Form I-131, Application for Travel Document, before leaving the United States. For more information, see our International Travel as a Permanent Resident webpage.

Briefly in Russian:

Правильная и своевременная подача формы I-751 с 25 января 2023 будет продлять срок действия условной грин карты на 4 года (48 месяцев) с даты истечения грин карты.

Если вы уже подали вашу петицию, и она все еще на рассмотрении, вы получите письмо продляющее срок действия грин карты.

On December 23, 2022, USCIS released a new edition of Form I-485, Application to Register Permanent Residence or Adjust Status (aka Application for a Green Card), because a new public charge ground of inadmissibility rule went into effect on December 23, 2022.

USCIS advised that any I-485 application filed on or after December 23, 2022, must use the new version of Form I-485. Failure to do so will result in the USCIS rejecting the filing.

While a new Form I-485 is required, the form I-864, Affidavit of Support remains the same.

On December 19, 2022, USCIS issued a follow-up Policy Alert regarding implementing the new public charge rule visa changes to the USCIS Policy Manual and provided a resources page for reference.

On September 8, 2022, the U.S. Department of Homeland Security (DHS) issued a new final rule to be published in the Federal Register on September 9, 2022, addressing the public charge ground of inadmissibility found at INA §212(a)(4). The final rule came into effect on December 23, 2022. The final rule announcement also noted that USCIS would issue a revised Form I-485.

The public charge ground of inadmissibility is found at §212 of the Immigration and Nationality Act, as amended (INA). INA §212 provides several grounds for a noncitizen being considered “inadmissible” to the United States. The public charge ground of inadmissibility applies to applicants for visas, admission, and adjustment of status, unless the noncitizen is exempt. 

INA §212(a)(4)(A) states that a noncitizen “likely at any time to become a public charge is inadmissible.” INA §212(a)(4)(B) states that, at a minimum, adjudicators should consider the applicant’s “age, health, family status, assets, resources, and financial status; and education and skills” when determining whether a noncitizen is likely to become a public charge. Additionally, an adjudicator “may also consider any affidavit of support” under INA §213(a) when applicable, noting that in cases where an affidavit of support is required, a noncitizen’s failure to provide a sufficient affidavit of support from the petitioner and any additional sponsor(s) makes the noncitizen inadmissible regardless of other factors.

For decades, USCIS interpreted the meaning of “likely to become a public charge” based on a 1999 Interim Field Guidance release. Under this guidance, a noncitizen would be considered likely to become a public charge if DHS determined that they were likely to become primarily dependent on the government for subsistence. For example, it would apply if the individual was likely to become dependent on direct cash assistance, like Supplemental Security Income (SSI) or Temporary Assistance for Needy Families (TANF), or to individuals who rely on Medicaid-financed “long-term institutionalization,” such as a nursing or psychiatric facility. A 2019 rule put into effect by the Trump Administration sought to change this longstanding guidance, which significantly expanded the policy to include anyone who used a broader array of public benefits for more than 12 cumulative months over any 36 months. The courts held up the 2019 rule, but the Biden Administration ultimately rescinded it. The “new” 2022 public charge rule essentially restores the status quo.

Under the new rule, “likely at any time to become a public charge” means likely at any time to become primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or long-term institutionalization at government expense. According to the preamble to the final rule, primarily dependent “connotes significant reliance on the government for support, and means something more than dependence that is merely transient or supplementary.”

For purposes of a public charge inadmissibility determination, “public cash assistance for income maintenance” means:

Supplemental Security Income (SSI);
Cash assistance for income maintenance under the Temporary Assistance for Needy Families (TANF) program; or
State, tribal, territorial, or local cash benefit programs for income maintenance, commonly called “General Assistance.”.

For a public charge inadmissibility determination, “long-term institutionalization at government expense” means government assistance for long-term institutionalization (in the case of Medicaid, limited to institutional services under section 1905(a) of the Social Security Act) received by a beneficiary, including in a nursing facility or mental health institution. Long-term institutionalization at government expense is the only category of Medicaid-funded services (limited to institutional services under section 1905(a) of the Social Security Act) considered in a public charge inadmissibility determination.

USCIS Adjudicators, using a totality of the circumstances test, will consider the statutory minimum factors, an affidavit of support when required, and the additional factor of current and/or past receipt of public benefits. However, this additional factor is limited to the applicant’s receipt of public cash assistance for income maintenance or long-term institutionalization at government expense, with several exemptions, such as the Supplemental Nutrition Assistance Program (SNAP).

Importantly, any USCIS denial under the public charge inadmissibility ground must be in writing, “reflect consideration of each of the factors outlined (under the rule), and specifically articulate the reasons for the officer’s determination.”

Unless specifically exempted, all applicants for adjustment of status, including those applying through family-based petitions, employment-based petitions, and diversity applications, are subject to the public charge ground of admissibility. The appendices to Part G of Volume 8 of the USCIS Policy Manual provide helpful charts and guidance regarding when an affidavit of support is necessary.

The vast majority of both employment-based and family-based petitions are subject to the public charge ground of inadmissibility. In the employment-based categories, noncitizens are generally subject unless the applicant is adjusting based on an employment-based petition where the petition is filed by either a qualifying relative, or an entity in which such relative has a significant ownership interest (5 percent or more).

The applicant must also qualify for a category exempted under INA §212(a)(4)(E) (T nonimmigrants, U nonimmigrants, and VAWA self-petitioners, for example) at both the time of filing and adjudication of Form I-485. The applicant is not subject to INA 212(a)(4) (but is still required to file Form I-864).  A qualifying relative means a husband, wife, father, mother, child, adult son, adult daughter, brother, or sister. 

Even where exempt, some noncitizens applying to adjust status may still be required to submit an Affidavits of Support under Section 213A of the INA. This includes noncitizens whose employment-based petition was filed by a relative or by an entity in which the noncitizen’s relative has a significant ownership interest.

The public charge ground of inadmissibility does not apply to certain applicants for visas, admission, and adjustment of status applicants based on statutory or regulatory authority. For example:

Asylees and refugees
Applicants adjusting under the Cuban Adjustment Act
Special immigrant juveniles
Applicants seeking Temporary Protected Status (TPS),
Victims of human trafficking (T nonimmigrants),
Victims of qualifying criminal activity (U nonimmigrants),
Certain ambassadors and diplomats.

The new 12/23/22 edition of the I-485 Form includes a series of new questions in Part 8:

Q 61.  Are you subject to the public charge ground of inadmissibility under INA section 212(a)(4)? This question is challenging for any applicant. USCIS includes appendices to Volume 8, Part G of its Policy Manual regarding the interpretation of this question for employment-based, family-based, special immigrant, refugee, asylee, parolee, and other adjustment applicants. 

Q 62. What is the size of your household? According to the I-485 Form Instructions, the following individuals should be included in your household size:

You;
Your spouse, if physically residing with you;
Your parents, if physically residing with you;
Your unmarried siblings under 21 years of age, if physically residing with you;
Your children as defined in INA 101(b)(1), if physically residing with you;
Any other individuals (including a spouse or child not physically residing with you) who are listed as dependents on your federal income tax return; and
Any other individuals who list you as a dependent on their federal income tax return.

Q 63. Indicate your annual household income.

Applicants are instructed to check an income range based on the household’s total income. According to the I-485 Form Instructions, you may include income provided to your household from sources who are not members of your household, including but not limited to alimony or child support. You must exclude any income from Supplemental Security Income (SSI); Temporary Assistance for Needy Families (TANF); State, Tribal, territorial, or local cash benefit programs for income maintenance (often called “General Assistance” in the State context, but which also exist under other names)..

Q 64. Identify the total value of your assets. Applicants are instructed to check the appropriate box for the total value of household assets. When considering the applicant’s financial status, USCIS also considers the noncitizen’s household’s assets and resources, for example, investments or home equity, excluding any assets from illegal activities or sources, such as proceeds from illegal gambling or drug sales.

Q 65. Identify the total value of your household liabilities (such as loans, alimony, and child support payments.). Applicants are instructed to check the appropriate box for the total value of household liabilities. See explanation above.

Q 66. What is the highest degree or level of school you have completed? 

Q 67. List your certifications, licenses, skills obtained through work experience, and educational certificates. According to the I-485 Form Instructions, applicants are to list all of your certifications, licenses, skills obtained through work experience, and educational certificates. This includes but is not limited to workforce skills, training, licenses for specific occupations or professions, foreign language skills, and certificates documenting mastery or apprenticeships in skilled trades or professions. Educational certificates are issued by an educational institution (or a training provider) and certify that an occupation specific program of study was completed.

Q 68.a. Have you ever received Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), or State, Tribal, territorial, or local, cash benefit programs for income maintenance (often called “General Assistance” in the State context, but which also exist under different names)?

Q 68.b. Have you ever received long-term institutionalization at government expense?

Q 68.c. If you answer to Item Number 68.a. is “Yes,” list the benefit(s) you received, the start and end dates of each period of receipt, and the dollar amount of benefits received.

Q 68.d.      If your answer to 68.b. is “Yes,” list the name, city, and state for each institution, the start and end dates of each period of institutionalization, and the reason you were institutionalized.

Questions 68.a. – 68.d. are only asking about public benefits (in other words, public cash assistance for income maintenance and long-term institutionalization at government expense) you received in the past or are currently receiving at the time the Form I-485 is filed, and where you were/are a listed beneficiary.

Exceptions: Do not include any public benefits for which you are not listed as a beneficiary, even if you assisted with the application. Do not include benefits that you only applied for, or were approved to receive in the future but have not received in the past and/or are not currently receiving. Do not include public benefits you received only on behalf of another individual.

USCIS explained that public assistance for COVID-19 testing, vaccinations, or treatment is not considered in evaluating the public charge. Nor does USCIS consider public assistance in other forms if related explicitly to COVID-19, such as food, housing, cash assistance, rental assistance, tax credits, stimulus payments, unemployment, and financial aid grants to students, the Paycheck Protection Program, and student loan forbearance.

New public charge section of the adjustment application Form I485 added a lot of new questions. In addition, applicants not only swear that all information on the application is correct but also that all information provided with the application is complete, true, and correct.

USCIS may reject or deny an adjustment application for failure to submit requested evidence or supporting documents as stated in the instructions to Form I-485 and as stated in 8 CFR §103.2(b)(1).

Currently, the USCIS Policy Guidance states that noncitizens are not required to submit any specific evidence relating to their household’s income, assets, and liabilities; however, USCIS may request additional evidence on a case-by-case basis if more information is needed to make a public charge inadmissibility determination. The new I-485 changes made it more difficult for applicants to complete forms I-485 by themselves.

Resources:

- New form I485 https://www.uscis.gov/i-485 
- See 8 CFR §212.21(b). USCIS does not consider benefits that are not referenced above when making a public charge inadmissibility determination. See 8 CFR §212.22(a)(3).
- See 8 CFR §212.21(c)
- 8 CFR §213a.1.
- USCIS Policy Manual: https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge/public-charge-resources
and here:
https://www.uscis.gov/policy-manual/volume-8-part-g

Q: What can I do to get a new green card instead of the one lost or stolen abroad? How can I return to the United States if my green card was lost or stolen while traveling abroad?

A: This is a very stressful situation! You will need to pay the fee and apply for a document allowing you to return to the United States at the nearest US embassy.

The application form is I-131A has to be submitted in person at the U.S. embassy abroad. The government filing fee is U$575, payable online to USCIS prior to submitting the application. The application fee is non-refundable.  

If approved, the U.S. embassy will issue you a boarding foil, allowing you to board the flight back to the United States, and the USCIS will issue you a new green card once in the United States.

Anyone can pay the I-131A filing fee from anywhere in the world. Whoever pays the fee must use a credit or debit card or U.S. bank account.

The current filing fee is $575.00
You must submit your filing fee before going to a U.S. Embassy or U.S. Consulate to file your Form I-131A. You must bring evidence of payment with you when you appear in person at your nearest U.S. Embassy or U.S. Consulate to file Form I-131A.

Refund PolicyUSCIS does not refund fees, regardless of any action we take on your application, petition or request, or how long USCIS takes to reach a decision.

Information You May Need to Pay the Fee Online:
To pay the fee, you will need the correct first and last names, date of birth, and A-Number as they appear on the lawful permanent resident's (LPR's) Green Card or Reentry Permit.

​You will need to use the most current edition of the Form I-131A (currently 11/2022), which can be downloaded here.

Briefly in Russian:

Что делать если вы потеряли или у вас украли грин карту во время поездки за пределами США, и вы не можете вернуться в США из-за отсутствия грин карты?

Форма заявления USCIS Form I-131A подается лично в посольстве, оплата госпошлины US$575 производится заранее ондайн через портал USCIS в американских долларах со счета в США. Любой другой человек может оплатить эту госпошлину за вас. Вам нужно иметь на руках подтверждение оплаты госпошлины онлайн. Эта процедура возможна только для тех, кто не провел более года за пределами США. В некоторых случаях - менее двух дет за пределами США. В случае отказа, госпошлины не возвращаются. В случае положительного решения, посольство выдаст документ, разрешающую авиалиниям посадить вас на рейс в США.

U.S. Citizenship and Immigration Services (USCIS) announced a new policy update for waiving interviews for conditional permanent residents (CPR) who have filed a petition to remove the conditions on their permanent resident status, Form I-751.
Effective immediately, new criteria will guide USCIS officers on when to waive interviews for CPRs who filed a Form I-751, Petition to Remove Conditions on Residence. This update replaces previous agency guidance that required all CPRs to undergo an interview if they obtained CPR status via consular processing.
Under this policy update, USCIS may waive the interview requirement if the agency officer determines there is sufficient evidence about the bona fides of the marriage, the joint-filing requirement is eligible for a waiver (if applicable), there is no indication of fraud or misrepresentation in supporting documents, there are no complex facts or issues to resolve, and there is no criminal history that would render the CPR removable.
A noncitizen who obtains permanent resident status based on a marriage that began less than two years before obtaining that status receives permanent resident status on a conditional basis for two years. To remove the conditions on permanent resident status, family-based CPRs generally must file a Form I-751 within the 90-day period before the two-year anniversary of when they obtained CPR status.

Briefly in Russian:
​
USCIS объявило о новом правиле, когда они могут утвердить постоянную грин карту БЕЗ интервью. В тех случаях, где условная грин карта была получена через посольство или консульство США за пределами страны, в прошлом требовалось обязательное интервью на снятие условностей. Сейчас такое интервью не обязательно, если заявители доказали реальность брака на основании предоставленных документов и доказательств и нет других вопросов.

В связи с новыми изменениями становится еще более важным предоставление досконального пакета документов при подаче петиции I-751 на снятие условностей.

Для консультации с адвокатом и чтобы назначить консультацию, пишите на наш адрес.

Question: Can a US citizen who lives abroad obtain a green card for his brother and father who are living abroad?

Answer: Yes, a U.S. citizen son can petition for his father’s Green Card. The process normally takes a year/year and a half.

A U.S. citizen brother can petition for his brother’s Green Card as well. The process for most countries normally takes about 15 years. It could be longer for people born in some countries (Mexico and Philippines).

​You can start the immigration process even now during COVID-19 pandemic because the USCIS Service Centers are still open.

However, in order to complete the immigration process, a U.S. citizen petitioner will have to move back to USA or prove that he has immediate plans to relocate back to USA. It is also important to show that a U.S. citizen petitioner filed his tax returns with IRS, which would be required at the last stage in the immigration process for the Affidavit of Support.

Today, July 1, 2019, begins the exceptionally rare period of authorized concurrent filing of I-130 and I-485 for spouses and minor children of permanent residents/green card holders. The filing period is expected to end on July 31, 2019, unless August 2019 Visa Bulletin also projects F2A preference category to be "current".
It is important to file all applications properly and submit all required initial evidence in order to avoid rejection, because there could be no time for re-filing if the filing period ends on July 31st.
Spouses and minor children of the lawful permanent residents who are in the USA in *lawful status* might be able to apply for adjustment of status concurrently with the filing of I-130 petition. Consult an attorney if not sure if you are eligible to apply.
If you need legal help please email at [email protected]

In Russian:

​Сегодня 1 июля 2019 открылся период для подачи одновременно петиции на воссоединение семьи и заявления на грин карту для жен и малолетних детей постоянных жителей США, которые находятся в США *в легальном статусе*, например приехали по гостевой визе или находятся в США по студенческой визе. Этот период продлится с 1 по 31 июля 2019, в соответствии с июльским календарем виз. Помните, что важно правильно все подготовить и подать в USCIS, чтобы избежать отказа в принятии заявлений, rejection, так как не известно, продолжится ли этот период в августе или закончится 31 июля. Если вам нужна помощь, обращайтесь по электронной почте [email protected]

On June 26, 2019, USCIS had finally published the final guidance: they will accept concurrent filing for adjustment of status in the F2A preference category in July 2019.
Next Month’s Adjustment of Status Filing Charts
For Family-Sponsored Filings:
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 may file using the Final Action Dates chart for July 2019.**
For all the other family-based preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for July 2019. 
https://www.uscis.gov/visabulletininfo
​
The USCIS has updated the Adjustment of Status Filing Charts from the Visa Bulletin webpage to clarify that the family-based, second preference “A” (FB2A) category is “current” under the July 2019 Visa Bulletin.

The July 2019 Visa Bulletin contains an extremely unusual entry in the FB2A category, which is for spouses and children of U.S. permanent residents. This category is designated as being current in the “final action” (FA) chart for all countries of chargeability, but has a cutoff date of March 8, 2019 in the “dates for filing” (DF) chart. This is unprecedented, as the DF date is usually as favorable, or more favorable than the cutoff date in the FA chart. 

Earlier this month, the USCIS updated its website to state that, for July 2019, only the DF chart dates may be used for all family-based cases for purposes of filing an application for adjustment of status (form I-485). Now, the USCIS has updated its website to clarify that FB2A applicants may use the FA chart in July. This means that concurrent filing of the I-130 and I-485 will be permitted in July for FB2A beneficiaries who are already in the United States in lawful status.

Briefly in Russian:

В начале июня USCIS объяснил, что в июле 2019 в категории F2A только те заявления на грин карту через adjustment of status будут приниматься, где петиция I-130 была подана до 8 марта 2019.

Затем, 26 июня 2019 USCIS поместил новое объяснение июльского процесса на подачу заявлений на грин карту в категории для супругов и малолетних неженатых детей постоянных жителей США, разрешив использовать final action date для подачи одновременно петиции на воссоединение семьи и на грин карту, если супруг или ребенок находятся в США в легальном и неистекшем статусе. Эта ситуация крайне необычна. Если вы в такой ситуации, стоит проконсультироваться у адвоката перед подачей заявлений в USCIS. 

​

Traveling Outside the United States as an Asylum Applicant, an Asylee, or a Lawful Permanent Resident Who Obtained Such Status Based on Asylum.

Asylum applicants, asylees, and lawful permanent residents who obtained such status based on their asylum status are subject to special rules with regard to traveling outside the United States.

--> An asylum applicant who leaves the United States without first obtaining advance parole shall be presumed to have abandoned his or her asylum application. Advance parole (see: USCIS Form I-131) allows certain aliens to return to the United States without a visa after traveling abroad.
Asylum applicants must receive advance parole before leaving the United States.
Advance parole does not guarantee that the alien will be paroled into the United States. Rather, the asylum applicant must still undergo inspection by an immigration inspector from United States Customs and Border Protection (CBP).

--> Asylees: Asylees (individuals who have been granted asylum) may travel abroad with the prior approval of the Secretary of the Department of Homeland Security (DHS). Such prior approval comes in the form of a refugee travel document. A refugee travel document is valid for one year and is issued to an asylee to allow his or her return to the United States after temporary travel abroad.
Generally, the asylee should obtain the refugee travel document prior to departure from the United States, though the applicable regulations also permit the issuance of a refugee travel document abroad under certain circumstances. Like advance parole, a refugee travel document does not guarantee admission into the United States. Rather, the asylee must still undergo inspection by an immigration inspector from CBP.

--> Lawful Permanent Residents: Lawful permanent residents who obtained such status based on their asylum status may also travel abroad with refugee travel documents.  

​Read more here and here.

NEW USCIS Polity Memo: When a I-751 PERMANENT GREEN CARD INTERVIEW Can be WAIVED? Effective date of this new guidance is today, December 10, 2018.

General rule applicable to all I-751 petitions: conditional permanent residents who file a Form I-751 must appear for an interview. 

However, in practice, in most of the cases the interviews were waived, if USCIS officer was satisfied that the petition is approvable and can be approved without an interview.

Under the new Memo, USCIS officers may consider waiving an interview if they are satisfied that:

• They can make a decision based on the record because it contains sufficient evidence
of a good faith marriage;

• For Form I-751 cases received on/after December 10, 2018, USCIS has previously
interviewed the I-751 principal petitioner (for example, for a Form I-485 or Form I-130);

• There is no indication of fraud or misrepresentation in the Form I-751 or the supporting
documentation; and

• There are no complex facts or issues that require an interview to resolve questions or
concerns.
​
When determining whether to waive an interview, the considerations listed above apply regardless of whether the Form I-751 is filed as a joint petition or as a waiver of the joint filing requirement. Cases involving fraud or national security concerns must be referred to the Fraud Detection and National Security Directorate according to local procedures.

Briefly in Russian:

10 декабря 2018 вступили в силу новые правила (меморандум USCIS), о том в каких случаях офицеры USCIS могут утвердить петицию на снятие условностей, форма I-751, без вызова петиционера и супруга на интервью. Этот новый меморандум относится именно к петиции на снятие условностей.
 
После 10 декабря 2018 офицеры должны будут приглашать на интервью тех заявителей, которых никогда не приглашали на интервью в USCIS. Простое истолкование новых правил означает, что если вы получили иммиграционную визу через посольство, и вас никогда не интервьюировали в офисе в USCIS при получении первой условной грин-карты, то вас должны (могут?) вызвать на интервью по петиции I-751. Эти новые правила относятся одинаково к тем, кто подает петицию совместно с американским супругом, и к тем, кто подает сам как вейвер или исключение, например, после развода.

Становится еще более важно подготовить и подать сильный пакет сопроводительных документов, чтобы в соответствии с новыми правилами, у офицера не было необходимости вызывать вас на интервью.

Видео-обзор адвоката с анализом нового меморандума вы можете посмотреть тут.

A federal court issued a ruling on Friday, December 7, 2018, that halts a Trump administration policy that blocked hundreds of lawful permanent residents from serving in the U.S. military.

Lawful permanent resident or green card holders can enlist and serve in the U.S. Military, and can apply for naturalization or U.S. citizenship through their military service.

Judge held that the Department of Defense likely violated the federal Administrative Procedure Act after it implemented a policy discriminating against lawful permanent resident enlistees. Judge's ruling finds that the Defense Department provided no rational justification for the policy change, stating that it provided no evidence indicating that lawful permanent resident enlistees posed more of a risk than U.S. citizens.

​Read more here.

Please note that in October 2017, the Department of Defense issued new policies that impact lawful permanent residents and other non-U.S. citizens in the military. The ILRC's practice advisory discusses how these policies affect those who seek to enlist, and those who currently serve in the military, including in the Reserve Components. 

The DoD policy changes will not affect MAVNI enlistees because the MAVNI program was suspended in October 2016. No one has been able to enlist in MAVNI since that time.

Before making a decision to enlist and to apply for naturalization, please review the practice advisory (dated 03/2018 - will be revised soon) and consider that under new rules "expedited" naturalization may not be much faster than a naturalization under a default rule.

On Monday, December 4, 2017, the U.S. Supreme Court issued two orders staying lower courts’ (Maryland & Hawaii) preliminary injunctions of President's September 24, 2017 presidential proclamation or 3rd travel ban. 

Accordingly, President's most recent travel ban, so-called Muslim Ban 3, will go into effect while the appeals are pending.  The U.S. Supreme Court encouraged the appeals courts to quickly decide whether the most recent travel ban was lawful.

The September 24, 2017, Presidential Proclamation on Enhancing Vetting Capabilities & Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats indefinitely blocks the entry for certain individuals from eight countries: Iran, Iraq, Libya, Chad, North Korea, Syria, Somalia, Venezuela and Yemen. 

Travel Restriction for Nationals of Eight Countries – Chad, Iran, Libya, North Korea, Somalia, Venezuela, Syria, and Yemen

General Rules:

• Only applies to individuals who are (i) outside of the U.S. on the day the travel ban goes into effect, and (ii) who do not have a valid visa on the day travel ban goes into effect, and (iii) who have not obtained a waiver under Section 3(c) of the Proclamation
• Does not apply to:
  • Lawful permanent residents (green card holders);
  • Individuals admitted or paroled into the U.S. on or after the effective date;
  • Those with a document other than a visa that allows them to travel to the U.S., if the document is dated on or after the effective date;
  • Dual-nationals traveling on a passport from a non-designated country;
  • Individuals granted asylum;
  • Refugees already admitted to the U.S.; or
  • Individuals granted withholding of removal, advance parole, or protection under the Convention against Torture

Previously-Impacted Countries – Restrictions Effective Immediately:

• Iran
  • Effective immediately, immigrant and nonimmigrant entry are suspended for Iranian nationals except for those with F, J, or M visas.
  • Those with F, J, or M visas will most likely be subject to “enhanced screening and vetting requirements.”
• Libya
  • Effective immediately, immigrants and nonimmigrants on business (B-1), tourist (B-2), business/tourist (B-1/B-2) visas are suspended except those with a bona fide relationship to the U.S.
• Somalia
  • Effective immediately, immigrant visas are suspended for Somali nationals
  • Non-immigrant visas are permitted, subjected to heightened screening.
  • The bona fide relationship exemption ends October 18, 2017.
• Syria
  • Effective immediately, immigrant and nonimmigrant entry is suspended for Syrian nationals
• Sudan
  • Sudan was removed from the list of restricted countries in MB-4.
  • Sudanese visa holders who were impacted by earlier Muslim Bans should now be able to reapply for visa.
• Yemen
  • Effective immediately, all immigrant visas and nonimmigrant business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas are suspended,

​Newly Impacted Countries (Added):

• Chad
  • All immigrant visas and with nonimmigrant business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas are suspended from entering the U.S.
• North Korea
  • All immigrant and nonimmigrant visa holders are suspended from entering the U.S.
• Venezuela
  • The entry of officials of government agencies of Venezuela involved in screening and vetting procedures and their immediate family members, as nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas, is suspended. Additionally, nationals of Venezuela who are visa holders are subject to additional measures.
  • Per Section 3(b)(v) of MB-4, certain Venezuelans traveling on diplomatic visas are not affected by this order.

Waivers:

If you are from one of the countries covered by the travel ban and do not yet have a valid U.S. visa, you cannot obtain a visa at this time unless you qualify for a waiver.  Consular officers may, on a case-by-case and discretionary basis, grant a waiver to affected individuals for certain reasons. To obtain a waiver and a visa, the person seeking admission must prove:

• denying entry to the U.S. would cause the foreign national undue hardship;
• admission would not pose a threat to the national security or public safety of the United States; 
• entry would be in the U.S. national interest.

 
Travel Risks for People from Affected Countries with Valid Visas:

If you are from one of the impacted countries and hold a valid visa, you may be able to apply for admission to the United States. The newest travel ban states that no visas will be automatically revoked and that those with a valid visa are not covered by the travel ban. However, travel outside the United States at this time carries risk. 

On October 8, 2017, the White House released a list of immigration priorities addressing border security, interior enforcement, and a merit-based immigration system. 

The priority list calls for the hiring of 10,000 ICE agents, 300 federal prosecutors, 370 immigration judges and 1,000 ICE attorneys.  

The Department of Homeland Security would be authorized to raise and collect fees from visa services and border crossings to fund border security and enforcement activities. 

The border security measures include funding the southern border wall, ending the abuse of the asylum system, discouraging illegal re-entry by enhancing penalties and expanding categories of inadmissibility, and improving expedited removal of undocumented immigrants.

Making E-Verify mandatory, putting an end to sanctuary cities by authorizing and incentivizing states and localities to help enforce federal immigration laws, and improving visa security (which was recently declared unconstitutional by a federal judge).

With regards to the merit-based immigration system, the White House's priority list reiterates what was previously announced on August 2, 2017, when President Trump unveiled the revised RAISE Act (Reforming American Immigration for Strong Employment). This law would reduce the number of eligible family-based green cards and create a new point-based system for awarding green cards. 

Specifically, the RAISE Act would establish a 30-point threshold for green cards, awarding an applicant higher point totals for higher-salaried jobs, professional degrees, English-speaking ability, younger applicant age, higher future salary, extraordinary achievements, and an applicant’s investing $1.35 million or more in the United States.

Some of these new immigration priorities were previously announced in the form of President's executive orders, proclamations and memos:

• January 23, 2017 EO: Protecting American Jobs and Workers by Strengthening the Integrity of Foreign Worker Visa Programs
• January 25, 2017 executive orders: Enhancing Public Safety in the Interior of the United States and the Border Security and Immigration Enforcement Improvements
• February 20, 2017 memo: Implementing the President's Border Security and Immigration Enforcement Improvement Policies
• March 6, 2017 EO:  Protecting the Nation from Foreign Terrorist Entry into the United States
• March 6, 2017 Memo: Implementing Immediate Heightened Screening and Vetting of Applications for Visas and Other Immigration Benefits, Ensuring Enforcement of All Laws for Entry into the United States, and Increasing Transparency Among Departments and Agencies of the Federal Government and for the American People
• April 18, 2017 EO: Buy American and Hire American
• September 24, 2017 presidential proclamation:  Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats

​If these priorities/proposals will become law, what does this mean for employers/employees? 

Employers will face higher costs in sponsoring foreign workers for visas, and for the employees it will become increasingly difficult to meet a high point-based system threshold in order to obtain a green card.
There will be additional delays in visa issuance due to the additional screening required. There will be litigation, and not all of the priorities will become the law.

Answer: Yes, an illiterate person can naturalize and become a U.S. citizen, but only if she is over 50 and has been a permanent resident for at least 20 years; or she is over 55 and has been a permanent resident for at least 15 years; or her inability to read or write stems from a disability.

The law provides three exemptions from the English language requirement for naturalization. The exemptions are for applicants at least age 50 who have been permanent residents for at least twenty years, those at least age 55 with at least 15 years permanent residence and for those who have a mental or physical disability that prevents them from learning English. If the applicant is exempt under any of these rules, she qualifies even if she is illiterate. She can naturalize even if she cannot read or write another language.
If the disability prevents applicants from learning U.S. history and government (Civics part of the naturalization test), they are exempt from answering civic knowledge questions as well. Otherwise, they must answer the Civics questions in their own language.

Permanent residents at least age 65 who have been a permanent resident for at least 20 years take an easier test of U.S. history and government.
If the applicant is claiming an exemption based on a disability, she needs to file USCIS form N-648, Medical Certification for Disability Exceptions with your from N-400. A medical doctor or licensed clinical psychologist must sign the certification. An identifiable mental or physical disease must cause the disability. If the doctor says something like, “he’s too old to learn English,” the USCIS will deny the waiver request.
If a person is so disabled that he or she is unable to understand or agree to the citizenship oath, a legal guardian may file the application and the applicant may get U.S. citizenship.

English Language Exemptions 

You Are Exempt From The English Language Requirement, But Are Still Required To Take The Civics Test If You Are:

• Age 50 or older at the time of filing for naturalization and have lived as a permanent resident (green card holder) in the United States for 20 years   (commonly referred to as the “50/20” exception).
  OR
• Age 55 or older at the time of filing for naturalization and have lived as a permanent resident in the United States for 15 years (commonly referred to as the “55/15” exception).

Note:

• Even if you qualify for the “50/20” or “55/15” English language exceptions listed above, you must still take the civics test.
• You will be permitted to take the civics test in your native language.
• If you take the test in your native language, you must bring an interpreter with you to your interview.
• Your interpreter must be fluent in both English and your native language.
• If you are age 65 or older and have been a permanent resident for at least 20 years at the time of filing for naturalization, you will be given special consideration regarding the civics requirement.

For more information, see the USCIS Policy Manual Citizenship and Naturalization Guidance.

Information about Naturalization Test is here.

USCIS offers immigration services that may help people affected by unforeseen circumstances, including disasters such as Hurricane Harvey.

The following measures may be available on a case-by-case basis upon request:

• Changing a nonimmigrant status or extending a nonimmigrant stay for an individual currently in the United States. Failure to apply for the extension or change before expiration of your authorized period of admission may be excused if the delay was due to extraordinary circumstances beyond your control;
• Re-parole of individuals previously granted parole by USCIS;
• Expedited processing of advance parole requests;
• Expedited adjudication of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
• Expedited adjudication of employment authorization applications, where appropriate;
• Consideration of fee waivers due to an inability to pay;
• Assistance for those who received a Request for Evidence or a Notice of Intent to Deny but were unable to submit evidence or otherwise respond in a timely manner;
• Assistance if you were unable to appear for a scheduled interview with USCIS;
• Expedited replacement of lost or damaged immigration or travel documents issued by USCIS, such as a Permanent Resident Card (Green Card); and
• Rescheduling a biometrics appointment.

Note: When making a request, please explain how the impact of Hurricane Harvey created a need for the requested relief.

To learn how to request these measures or determine if an office is open, call the National Customer Service Center at 800-375-5283.

If you require assistance, please don't hesitate to contact our office at email.