Effective April 11, 2025, USCIS will begin enforcing a requirement that certain foreign nationals register with the agency and submit to fingerprinting if they remain in the U.S. for 30 days or longer. 

As a reminder, the following individuals do not need to register:

Many authorized immigrants and nonimmigrants are not required to apply for registration and fingerprinting under the ARR, because they already satisfied the requirement through applying for a U.S. visa or ESTA travel authorization; others are categorically exempt. The following individuals are not required to apply for registration under the new ARR policy:

• Foreign nationals who remain in the U.S. for fewer than 30 days;
• Nonimmigrants and those already considered to be registered, including:
• Citizens of Visa Waiver Program (VWP) participating countries granted ESTA travel authorization;
• Lawful Permanent Residents;
• Non-U.S. citizens paroled into the United States under INA212(d)(5) even if the period of parole has expired;
• Non-U.S. citizens admitted to the United States as nonimmigrants who were issued Form I-94 or I-94W (paper or electronic), even if the period of admission has expired;
• Non-U.S. citizens whom DHS has placed into removal proceedings;
• Canadians who enter the U.S. and are issued an I-94 record (paper or electronic);
• Non-U.S. citizens issued an employment authorization document;
• Non-U.S. citizens who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, and I-700 and provided fingerprints (unless waived), even if the applications were denied; and
• Non-U.S. citizens issued Border Crossing Cards.

​The following individuals do need to register:

• All non-U.S. citizens, who will remain in the U.S. for more than 30 days and who did not complete the registration process in connection with a visa or ESTA admission, including:
• Canadian visitors who entered the United States at land ports of entry and do not have an I-94 record;
• Non-U.S. citizen children below the age of 14 who have not previously registered and who will remain in the U.S. for 30 days or more, will need to register (these children will be issued proof of registration but are not required to complete fingerprinting until they turn 14);
• All non-U.S. citizen children, regardless of previous registration, who turn 14 years of age in the United States, must update their registration and be fingerprinted within 30 days after their 14th birthday;
• Persons who entered without inspection EWI and who have not been fingerprinted in connection with any pending application for immigration benefits;
• Permanent residents who obtained their green cards when under the age of 14 are required to register and complete fingerprinting through a Form I-90 once they reach the age of 14. The I-90 Form should be used for this type of registration rather than Form G-325R; and
• Non-U.S. citizens who submitted one or more benefit requests to USCIS and who do not yet have Alternate Proof of Registration as listed below, including those who applied for Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS), and were not issued an employment authorization document or other acceptable proof of registration, must register with Form G-325R.

​USCIS Launches Online Form to Request a Field Office Appointment.

On August 21, 2023, USCIS announced a new online form for individuals, attorneys, and accredited representatives to request an in-person appointment for certain customer service-related appointment requests, such as ADIT stamp or emergency advanced parole, at their local field office without having to call the USCIS Contact Center.
Individuals can visit my.uscis.gov/appointment to submit a request for a specific date, time, and type of appointment with their local field office.

This online appointment request form is not a self-scheduling tool and does not guarantee an appointment for the preferred date or time requested. The Contact Center will review and validate each request before confirming the appointment date and time.
Individuals, attorneys, and accredited representatives will still have the option to call the USCIS Contact Center to request an appointment. However, USCIS strongly encourages users to use the new online appointment request form to improve their overall customer experience. Using the online appointment request form will save time, increase efficiency, and reduce call volume to the USCIS Contact Center.
Visit my.uscis.gov/appointment for more information.

Appointment requests at USCIS offices are for matter relating to the following categories:

• ADIT Stamp: The Alien Documentation Identification and Telecommunication (ADIT) stamp (also known as an I- 551 stamp) provides temporary evidence of lawful permanent resident status that may be issued to Legal Permanent Resident (LPRs) in limited circumstances. It authorizes the holder to work in the United States and be re-admitted to the United States following travel outside of the country. The ADIT stamp is stamped on the individual's unexpired passport or the Form I-94, Arrival/Departure Record when the applicant is unable to obtain a passport or if the passport is expired. If you are not in possession of a valid passport, please ensure you bring two passport-style photos to your appointment.
  Note: If you were issued an extension notice after filing, and you are in possession of your expired Legal Permanent Resident card, please show these two documents as your valid proof of status upon request. If you are not in possession of your expired Legal Permanent Resident card, your extension notice is no longer valid, please make an appointment to obtain proof of status.
  Check your case status online.

Emergency Advance Parole: 

Field offices sometimes receive emergency requests for issuance of an advance parole document. Whether or not to grant a request for emergency advance parole document depends on if the travel need is considered emergent. “Emergent” means “arising unexpectedly,” while “emergency” means “calling for prompt action.” If you are experiencing an extremely urgent situation, you may request an emergency advance parole appointment at your local field office. You should bring the following items to your appointment.

• A completed and signed Form I-131, Application for Travel Document
• Valid Passport;
• The correct I-131 filing fee;
• Evidence to support the emergency request (e.g., death certificate, medical documentation); and
• Two passport-style photos.

Determine if you are eligible for Emergency Advance Parole: Emergency Travel

• Note: Asylum applicants, asylees, refugees, and lawful permanent residents who obtained such status based on their asylum or refugee status are also subject to special rules regarding traveling outside the United States. Additional information regarding traveling outside the United States as well as the consequences that could result if an asylum applicant, an asylee, a refugee, or a lawful permanent resident who obtained such status based on his or her asylum or refugee status returns to his or her country of claimed persecution may be found in the Fact Sheet entitled Traveling Outside the United States as an Asylum Applicant, and Asylee, or a Lawful Permanent Resident Who Obtained Such Status Based on Asylum Status.
  Note: Asylees (individuals who have been granted asylum) and Lawful permanent residents who obtained such status based on their asylum status may travel abroad with the prior approval of the Secretary of 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. 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 to review the Form I-131, Application for Travel Document.
• Immigration Judge Grant: When an applicant is granted permanent residence or asylum by an Immigration Judge (IJ) during immigration court proceedings or by the Board of Immigration Appeals (BIA), USCIS is responsible for producing the applicants Permanent Resident Card (PRC) or providing proof of status. Typically, the applicant is required to go into the local field office to initiate card production or obtain evidence of status. Please ensure you are in possession of your copy of the Final Order, as well as photo identification and passport to your appointment.
  • IJ Asylum grant applicants should also bring two passport-style photos to the appointment.
  • IJ LPR grant applicants, who do not possess a valid passport, need to bring two passport-style photos to the appointment. Applicants that do not have valid fingerprints on file may be scheduled for an Application Support Center appointment to produce the I-551 LPR Card.

Briefly in Russian:

21 августа 2023 USCIS объявил о новой онлайн функции, где можно самостоятельно получить дату для посещения местного иммиграционного офиса. По этому линку вы сможете послать запрос на время и дату, это не гарантировано когда вы получите дату для посещения офиса. Запрос можно послать самостоятельно или через адвоката. Это будет полезно, например, если вам срочно нужно получить разрешениа на выезд и въезд в США (emergency advance parole).

On June 28, 2023, U.S. Citizenship and Immigration Services launched a new self-service tool allowing benefit requestors, and their attorneys and accredited representatives, to reschedule most biometric services appointments before the date of the appointment.
Previously, benefit requestors and accredited representatives could only request to reschedule a biometric services appointment by calling the USCIS Contact Center. With this new tool, those individuals who have or create a USCIS online account can reschedule most requests for biometric services appointments without having to call the Contact Center.

The new tool, however, cannot be used to reschedule an appointment that already has been rescheduled two or more times, is within 12 hours, or that has already passed.
The biometric services appointment rescheduling tool can be accessed via a USCIS online account regardless of whether the pending case was submitted online or by mail. Benefit requestors and accredited representatives will still have the option to call the USCIS Contact Center to reschedule an appointment, but USCIS strongly encourages users to use the new tool to save time, increase efficiency, and reduce call volume to the USCIS Contact Center.
USCIS is also issuing guidance in the USCIS Policy Manual to explain that the agency may consider an untimely request to reschedule a biometric services appointment and the effect of failing to appear for an appointment, and to explain how the agency considers a timely request to reschedule a biometric services appointment for “good cause.” Good cause exists when the reschedule request provides sufficient reason for the benefit requestor’s inability to appear on the scheduled date.

Sufficient reasons may include, but are not limited to:

• Illness, medical appointment, or hospitalization;
• Previously planned travel;
• Significant life events such as a wedding, funeral, or graduation ceremony;
• Inability to obtain transportation to the appointment location;
• Inability to obtain leave from employment or caregiver responsibilities; and
• Late delivered or undelivered biometric services appointment notice.

USCIS only accepts untimely rescheduling requests made to the USCIS Contact Center and does not accept untimely requests to reschedule by mail or in-person at a USCIS office or through the myUSCIS online rescheduling tool.

On December 13, 2021, USCIS reminded the public that they offer immigration services that may help people affected by unforeseen circumstances such as natural disasters. Examples of unforeseen circumstances include, but are not limited to, the recent tornadoes in Kentucky and surrounding states.
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 waiver requests due to an inability to pay;
• Flexibility 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;
• Flexibility 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), Employment Authorization Documents, and Arrival/Departure Record (Form I-94); and
• Rescheduling a biometric services appointment.

Note: When making a request, please explain how the impact of unforeseen circumstances, such as a natural disaster, created a need for the requested relief. If you lost all forms of evidence in an unforeseen circumstance, include an explanation in your description and a copy of a police report, insurance claim, or other report, if available, to support your request.
Visit Special Situations page or call us for more information about how we provide assistance to individuals affected by unforeseen circumstances. To learn how to request these measures, call us at 800-375-5283. For people with disabilities: (TTY) 800-767-1833 or (VRS) 877-709-5797.

​

​COVID-19 Update from USCIS:
May 27, 2021: IF YOU ARE FULLY VACCINATED

Due to updated guidance from the CDC, USCIS has updated its visitor policy. (USCIS Visitor Policy). Fully vaccinated individuals no longer have to wear a face covering. Individuals two years old and older who are not fully vaccinated must still wear a face covering.

To be considered fully vaccinated, it must be at least two weeks after receiving a second dose in a two-dose series or at least two weeks after receiving a dose of a single-dose vaccine.

USCIS has eased other requirements for fully vaccinated individuals who do not have COVID-19 symptoms.

Those who have returned from domestic air, international air or cruise ship travel in the past 10 days may enter USCIS facilities if they are fully vaccinated. Individuals who have been in close contact (within six feet for a total of 15 minutes or more) with anyone known to have COVID-19 in the previous 14 days may also enter USCIS facilities if they are fully vaccinated. Healthcare workers who consistently wear an N95 respirator and proper personal protective equipment or equivalent when in contact with COVID-19 positive individuals continue to be exempt from reporting close contact.

In DHS-controlled spaces, this guidance supersedes state, local, tribal, or territorial rules and regulations regarding face coverings.

For more information, see USCIS Policy.

In response to the coronavirus (COVID-19) pandemic, USCIS is extending the flexibilities it announced on March 30, 2020, to assist applicants, petitioners, and requestors who are responding to certain:

• 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;
• Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant;
• Filing date requirements for Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA); or
• Filing date requirements for Form I-290B, Notice of Appeal or Motion.

Notice/Request/Decision Issuance Date:
This flexibility applies to the above documents if the issuance date listed on the request, notice, or decision is between March 1, 2020, and Jan. 31, 2021, inclusive.

Response Due Date: 
USCIS will consider a response to the above requests and notices received within 60 calendar days after the response due date set in the request or notice before taking any action. Additionally, we will consider a Form N-336 or Form I-290B received up to 60 calendar days from the date of the decision before we take any action.
USCIS will provide further updates as the situation develops at uscis.gov/coronavirus for USCIS updates.

Briefly in Russian:

USCIS продлил период, когда разрешено отчечать на запросы из USCIS в вечение дополнительных 60 дней. Этот период с 1 марта 2020 был продлен до 31 января 2021, включительно.
Это значит, что если вы получили запрос из USCIS до 31 января 2021Б и там указана дата, до которой ваш ответ должен быть получен, у вас есть дополнительный период 60 дней для ответа на этот запрос.

​USCIS Provided COVID-19 Updates During a Conference Call on June 18, 2020:

1.  On June 18, 2020, I attended a conference call where USCIS representatives advised the attorneys and public about their new and updated post-Covid19 procedures.
2. The purpose of new procedures is to ensure safety of the USCIS personnel, staff, customers and visitors.
3. On June 4, 2020, USCIS local field office started to reopen. Offices will reopen depending on situation in the local community and existing safety concerns. USCIS is following CDC COVID-19 guidelines. It is expected that it will take at least several more weeks for the appointments to be rescheduled. Because the number of daily appointments will be significantly reduced, it will result in longer delays and wait time for an interview will be longer than before COVID-19 pandemic.
4. July 13, 2020 is an estimate when many ASC will reopen and biometrics will resume. Biometrics appointment will be available ONLY at the time and date in the appointment notice. Walk-ins will not be allowed. There will be much less people scheduled every day, so USCIS will have time to clean up and prepare for the next customer. USCIS will reschedule all cancelled Biometrics appointments unless they are deemed unnecessary. When mailing a new appointment notice, a biometrics worksheet will be mailed too. In the past, it was completed during the appointment. Now, the customers will be required to complete the worksheet and bring it with them to the appointment.
5. During pandemic, USCIS was able to reuse some biometrics if they were already on file (taken during previous applications) and the case was ready for adjudication.
6. Some USCIS offices (not consular sections) will start reopening in July 2020. It is expected that USCIS office in Rome will reopen in July 2020. It is expected that USCIS London office will be permanently closed.
7. Priority number one after reopening of the local USCIS offices will be Naturalization ceremonies.
8. Second priority is rescheduling cancelled adjustment of status or green card interviews.
9. Some employment-based green card interviews can be waived on a case-by-case basis and only if it is deemed unnecessary.
10. It is expected that all cancelled and delayed Naturalization ceremonies will be complete by the end of July 2020 (about 100,000 people are waiting).
11. Naturalization ceremonies will be very brief, there will be no big crowds, no family members or friends will be allowed to attend, no video, information will be given in printed format.
12. Asylum interviews will follow different format from other USCIS’ field office interviews.
13. When attending any USCIS appointment, customers are advised to bring their own blue or black pens, wear a face covering (face mask). People not wearing an appropriate face covering will not be allowed to enter. During the interview or biometrics appointment, customers can be asked to remove face covering for a brief period (to identify, to take photo).
14. Customers are advised not to arrive earlier than 15 minutes before an interview, or 30 minutes before naturalization interview.
15. Interpreters are not allowed to attend interviews at USCIS offices in person. Interpreters can interpret by phone.
16. Attorneys can attend in person or by phone.
17. Waiting room sitting will be limited. Number of appointments per day will be significantly reduced. There will be a COVID-19 specific screening for all customers
18. Customers and staff will be required to practice social distancing. The USCIS officer and an applicant can be in different rooms communicating via video call.
19. USCIS is advising all customers to use online tools for contacting USCIS, and to have online accounts.
20. USCIS advises customers who are feeling sick or unwell not to attend the interview, but to follow the instructions in the appointment letter to reschedule an appointment.

Briefly for our clients in Russian:

Q/Вопрос: Как я могу подать петицию на VAWA . Я и мой муж расписаны. Проживали вместе, но как оказалось он не в себе когда пьет. Документы на грин карту мы не подавали. У меня нет ни грин карты ни разрешения на работу.

A/Ответ: Добрый день! Вы можете подать петицию VAWA и также заявление на грин карту, разрешение на работу и на поездки БЕЗ участия мужа (во многих случаях это можно делать одновременно).

Если вы замужем (или развелись в течение 2-х лет перед подачей VAWA self-petition), проживали вместе в США (даже если сейчас вы выехали за пределы США), муж вас обижал/бил/притеснял/оскорблял/совершал другие насильственные действия против вас, вы человек моральный и без судимостей и т.п. -- вы можете подать все заявления вместе в USCIS в отдел VAWA, если ваш муж американский гражданин, и даже если он постоянный житель США (т.к. сейчас категория F2A is current).

Подготовка и подача VAWA petition очень сложный и трудоемкий процесс. Крайне важно предоставить и подать вместе ВСЕ сопроводительные документы и доказательства по делу. ВАВА отличается от других петиций тем, что решение по петиции VAWA принимается БЕЗ интервью, а на основании рассмотрения ваших документов. Консультация и помощь компетентного и опытного адвоката по делам ВАВА очень важны.

Сроки рассмотрения дел ВАВА в настоящий момент около 18-24 месяцев. Но в течение этого времени у вас будет разрешение на работу и SSN, если вы подготовили и подали все правильно. Вы можете подать петицию и во время COVID-19, т.к. отдел ВАВА открыт и работает. Всего доброго и удачи!

Если вам нужна помощь и консультация, пожалуйста свяжитесь с адвокатом по адресу [email protected] , мы вам вышлем список вопросов и документов нам нужно просмотреть перед консультацией, подтвердим стоимость и условия оплаты за консультацию, и договоримся о дате и времени телефонной или видеочат video call консультации. По делам ВАВА мы работаем с клиентами со всех штатов.

Мой ответ опубликован here.

How USCIS can help people affected by wildfires in California and other unforeseen circumstances? 

On a discretionary basis and upon request, USCIS offers the following immigration services that may help people affected by unforeseen circumstances: 

--Changing a nonimmigrant status or extending a nonimmigrant stay for an individual currently in the United States. 
--Expedited processing of advance parole requests;
--Expedited adjudication of requests for off-campus employmentauthorization 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;
--Extension of response time or acceptance of a late response to a Request for Evidence or a Notice of Intent;
--Rescheduling an interview with USCIS;
--Expedited replacement of lost or damaged immigration or travel documents issued by USCIS, such as a Permanent Resident Card (Green Card); 
--Rescheduling a biometrics appointment. 

Note: When making a request, please explain how the wildfires in California or other unforeseen circumstances are related to the need for the requested relief.

​Read more here.

,​All Houston Application Support Centers (ASCs) will resume operations Sept. 5 2017 at 8 a.m. (Central) for basic services, such as collection of fingerprints, photos, and signatures. However, the ASCs will not be fully staffed. This means customers requiring additional services (such as looking up case information or issuing extension stickers) may need to return to the ASC after all USCIS staff have been able to return to duty.

Many Houston-area applicants are unable to travel to their scheduled ASC appointments. If you cannot attend your biometrics appointment between Aug. 25 and Sept. 22:

• USCIS will automatically reschedule your appointment.
• You will receive a new appointment notice by mail approximately 4 weeks from your original appointment date. 

 If you do not receive a new appointment by mail, you can contact the National Customer Service Center (NCSC) at 800-375-5283.

If you have an emergency and cannot wait for a new appointment notice by mail, please call the NCSC or visit an ASC as a walk-in customer. 
If you cannot receive mail at your location and wish to be processed at a different location, please call the NCSC or take your current appointment notice to another ASC. If you do not have a copy of your current appointment notice, any ASC can print one for you.
​
Please check USCIS Office Closings page to get the latest updates before coming to an appointment.

If you are scheduled to attend an interview in one of the USCIS field offices in the United States (most commonly, an adjustment of status or "green card" interview), and if you don't speak and/or understand English fluently, it would be wise to bring an interpreter with you.

An interpreter should be someone who is sufficiently fluent in both languages and who is competent to interpret from one language to another (English and your native language) -- not like the guy in the picture who only pretends to interpret. 

An interpreter doesn't have to be a certified or professional interpreter.

Most important qualifications of an interpreter are the following: 

an interpreter is someone who is impartial and unbiased, not prejudiced, not interested in the outcome of your interview, who is not your attorney or a lawyer, or other legal representative, or your attorney's paralegal, who is over 18 years of age, and who is not a witness in your case. 

Some derivative beneficiaries may not be allowed to serve as an interpreter (for example, a spouse or a child), unless there is a "good cause" to excuse this restriction..

Before an interpreter is allowed to serve as an interpreter, a USCIS officer will have to make a determination and have him sign a Form G-1256. 

Please keep in mind that an interpreter may hear or learn some personal and confidential things about you during the interview, and you might consider a professional impartial interpreter rather than a friend, a relative, a co-worker or an acquaintance if only because of confidentiality considerations.

Your attorney, paralegal or other legal representative can't be allowed to interpret during the interview, under the USCIS guidance (because they are not impartial to the outcome of the interview and have your interests in mind).

Please keep in mind that USCIS has no obligation to provide a "free interpreter" during the interview with some exceptions (for example, if it's an asylum interview). An applicant has right to have an interpreter present, but the government doesn't have to provide an interpreter for you. If you don't speak and understand English fluently, you should plan in advance and be ready to hire and bring with you a qualified interpreter.

On November 25, 2015, USCIS published this helpful draft of a new memo. This document provides detailed guidance as to who can and can't be an interpreter in USCIS office.

On September 09 2015, USCIS Announces Revised Procedures for Determining Visa Availability for Applicants Waiting to File for Adjustment of Status.

USCIS, in coordination with Department of State (DOS), is revising the procedures for determining visa availability for applicants waiting to file for employment-based or family-sponsored preference adjustment of status. The revised process will better connect USCIS procedures with the US Department of State (DOS) procedures, which are used for foreign nationals who seek to become U.S. permanent residents by applying for immigrant visas at U.S. consulates and embassies abroad.

The Visa Bulletin revisions implement November 2014 executive actions on immigration announced by President Obama and Secretary of Homeland Security Johnson, as detailed in the White House report, Modernizing and Streamlining Our Legal Immigration System for the 21st century, issued in July 2015. 

What is Changing.

Starting October 1, 2015, you will be able to submit your application for adjustment of status or for an immigrant visa before your priority date is current. 

Two charts per visa preference category will be posted in the DOS Visa Bulletin:

• Current priority dates for particular visa categories; and
• The earliest dates for filing application for adjustment of status (earliest dates when applicants may be able to apply).

See October 2015 Visa Bulletin here. However, the priority dates in the Visa Bulletin can retrogress in November. Consult an attorney about your specific case so you won't miss the opportunity of applying earlier.

When filing an application for adjustment of status, I-485, an applicant can concurrently file an application for a work permit and advance parole. This is great news for many immigrants waiting for many years for their priority dates to become current. However, it's a good idea to consult an immigration attorney before applying.

Each month, in coordination with DOS, USCIS will monitor visa numbers and post the relevant DOS Visa Bulletin chart. Applicants can use the charts to determine when to file their Form I-485, Application to Register Permanent Residence or Adjust Status.

To determine whether additional visas are available, USCIS will compare the number of visas available for the remainder of the fiscal year with:

• Documentarily qualified visa applicants reported by DOS;
• Pending adjustment of status applications reported by USCIS; and
• Historical drop off rate (for example, denials, withdrawals, abandonments).

About the Visa Bulletin.

DOS publishes current immigrant visa availability information in a monthly Visa Bulletin. The Visa Bulletin indicates when statutorily limited visas are available to prospective immigrants based on their individual priority date.

• The priority date is generally the date when the applicant’s relative or employer properly filed the immigrant visa petition on the applicant’s behalf with USCIS. If a labor certification is required to be filed with the applicant’s immigrant visa petition, then the priority date is when the labor certification application was accepted for processing by Department of Labor.
• Availability of an immigrant visa means eligible applicants are able to take one of the final steps in the process of becoming U.S. permanent residents. 

Read more here.  

USCIS has published information to help eligible H-4 dependent spouses to apply for employment authorization (work permit) under the Employment Authorization for Certain H-4 Dependent Spouses final rule. 

Note: you can file application for a work permit only on or after May 26, 2015, and you must be eligible to apply.

Application form is USCIS form I-765, and the filing fee is US$380.

Note: it is applicant's burden of proof to provide evidence of your status, your H1B spouse's status and prove that you meet other eligibility requirements. Your application can be delayed or denied if it's incomplete.

Eligibility requirements: you are eligible to apply for a work permit if you are the H-4 dependent spouse of an H-1B nonimmigrant IF your H-1B nonimmigrant spouse:

• Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or
• Has been granted H-1B status under sections 106(a) and (b) of the AC21. The AC21 permits H-1B nonimmigrants seeking employment-based lawful permanent residence to work and remain in the United States beyond the six-year limit.

Read here.

Immigration Relief Measures for Nepali Nationals.

On May 5, 2015, USCIS had made the following announcement:

USCIS several immigration relief measures that may be available to Nepali nationals who are affected by the magnitude 7.8 earthquake that struck Nepal on April 25, 2015.

Measures that may be available to eligible Nepali nationals upon request include:

• Change or extension of nonimmigrant status for an individual currently in the United States, even if the request is filed after the authorized period of admission has expired;
• A grant of re-parole;
• Expedited processing of advance parole requests;
• Expedited adjudication and approval, where possible, of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
• Expedited adjudication of employment authorization (work permit) applications, where appropriate;
• Consideration for waivers of fees associated with USCIS benefit applications, based on an inability to pay; and
• Assistance replacing lost or damaged immigration or travel documents issued by USCIS, such as Permanent Resident Cards (green cards).

To learn more, consult an attorney, or visit uscis.gov/humanitarian/special-situations or call the National Customer Service Center at 1-800-375-5283 (TDD for the hearing impaired: 1-800-767-1833).

See here. 
 

USCIS launched a new interactive webportal myUSCIS. 

See at: https://my.uscis.gov/

USCIS recently introduced another useful webportal, where customers can submit e-request to ask questions about a pending case, report non-delivery of a document (work permit, green card, etc) or official letter (Receipt or Approval Notice, Form I-797), request certain accommodations. I found it to be a very useful tool.

See at: https://egov.uscis.gov/e-Request/Intro.do?locale=en_US

Almost daily, I hear from some of our callers: "I don't need legal consultation, I don't want to hire an attorney. I have only one or two very simple (or quick, or easy) questions, and I want an attorney to answer my questions right now and free of charge because my questions are so simple, quick, and easy!"

I will try to explain why this request doesn't make any sense and how to get proper legal advice.

U.S. immigration law is very complex and constantly changing. There have been no major immigration reforms or amnesties in the past few years (which requires a law to be approved by Congress and signed by the President). However, there have been significant changes introduced by our current and former administrations and the executive branch of the government: executive actions; executive orders of the President; USCIS and DHS memorandums and policy guidance; official and unofficial practice advisories; and changes through our judicial branch (federal and immigration courts), such as, the decisions by the BIA, AAO, Courts of Appeals, US Supreme Court, and even by federal district court judges (for example, an injunction by a federal judge can place on hold an executive order of the President of the United States).

U.S. immigration law is federal in nature and is the same in all states. However, it may apply differently to your situation depending on your background, your place of residence or domicile, US embassy in the country where you apply for a visa, etc.

An experienced immigration attorney may be able to guide you and advise you about specifics, loopholes, various options, and can spot possible problems before they happen, even if it seems to you that your case is pretty straightforward and you have only "one quick question". A seemingly simple or quick question not always can be answered with a simple "yes" or "no" answer. You may not realize it, but a situation may have a lot of hidden issues or variables depending on your venue, court jurisdiction, your factual circumstances, your arrest and criminal record, your family situation and status, prior legal assistance, prior legal actions and applications filed, or even timing, etc.

You can find a lot of useful immigration-related INFORMATION on our Blog. We compiled useful information and links: USCIS forms and fees, case status inquiry, processing times, AR-11 Change of Address, Department of State and NVC, and much more here. Hope you find this information helpful!

To ask basic questions about USCIS immigration forms, filing fees or to inquire about status of your pending case, you can contact USCIS, Department of Homeland Security, by calling their 800 Customer Service Hotline (number is on their website), or send an e-request via a webportal at USCIS website. Case status can be checked online, as well. Immigration courts, U.S. embassies and consulates and National Visa Center each have their own hotlines, call centers or other ways to contact them.

To receive a case-specific legal advice you should talk to a lawyer. Before a lawyer can advise you, we usually email you our confidential immigration questionnaire, and ask you to complete and return it to us. In some cases, we can ask you to email us copies of your immigration forms, paperwork, personal documents. When an attorney reviews your answers to our questionnaire and your documents, it helps her to get to know you, your situation, and decide what legal and/or visa options you shall consider, what are your best chances of obtaining certain visas and immigration benefits, how and when can you bring your family to USA, are you eligible for permanent residency or a green card in the United States, are you eligible to apply for U.S. citizenship, how can your children become U.S. citizens, etc.

It's important that you provide truthful, accurate and complete answers to our questions because an attorney's advice to you is based on information you provide to an attorney. It could be dangerous to give misleading, incomplete or incorrect answers to an attorney.

An attorney or a lawyer is often called "a counselor in law". It means that an attorney counsels and advises you, helps you to understand your situation better, anticipates any possible future issues or complications, offers guidance, and a long-term strategy and planning for yourself and your family.

Legal advice is never a simple "yes" or "no" answer, it's never "use this form"  or "this is the link where you can find all information and all answers you need". Legal advice or consultation is like going to see a doctor. A doctor will ask you questions, take your vitals and administer necessary tests, then she will be able to diagnose you and offer you an appropriate treatment plan. The same is true about work of a good and ethical attorney. An attorney will have to ask you a number of questions, review your documents and paperwork, and only then she will be able to advise you, and offer you guidance and counsel.

In order to avoid mistakes and future complications, it's smart to consult an attorney before starting any legal, immigrant or visa process. Consultation with knowledgeable and ethical attorney should serve as a preventative measure and a way to establish a roadmap and plan your future.

In over twelve years of practice as an immigration attorney in the United States, I have come across of many unfortunate individuals who got themselves into trouble after reading and following wrong advice on internet forums, listening to their friends, co-workers, relatives and neighbors advice, or paying to complete their "paperwork" to an unlicensed "immigration consultant", or "notario", or "tax preparer", or somebody else who speaks their native language in their immigrant community but has no proper training and is not a licensed attorney. In some of these cases, individual's chances of living in USA legally can be permanently destroyed. Some people can become permanently banned from the United States, no matter how many close family members (wife, kids, parents) and other ties they have in USA. Immigration law is very complex and unforgiving, and non-compliance, fraud or misrepresentation could bring consequences more severe than penalties in an average criminal case. Where a convicted criminal can usually expect to be released from prison after a number of months or years and be reunited with his family, a person who was deported and permanently banned from USA may never be able to reunite with his family and loved ones in the United States. Lack of knowledge or bad advice is not an excuse in immigration law. "Simple mistakes" in immigration law context could be costly and often irreversible.

Do yourself a favor and consult a knowledgeable immigration attorney before filing any applications or petitions with the USCIS Department of Homeland Security, or before submitting any visa applications online. You can also schedule a consultation to seek a second opinion, if not sure that your current or former attorney's advice is correct as applies to you. When you have questions or need legal advice you can email us to schedule a consultation. We will be glad to help you.

This is important news for attorneys or those who represent clients in front of DHS/USCIS/ICE.

USCIS has published a revised Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative. 

Attorneys and legal representatives accredited by the Board of Immigration Appeals use Form G-28 to notify USCIS of their legal representation in a given case. Form G-28 must be signed by the legal representative and by the applicant/petitioner/requestor. When a valid Form G-28 is on file, USCIS communicates with the legal representative. If you sign and submit an expired form G-28, USCIS will not enter you as an attorney of record.

**New Form G-28 Changes**

The revised Form G-28, with the 03/04/2015 edition date, includes two new boxes that allow the applicant/petitioner/requestor to tell USCIS whether they want to receive their notices and secure documents directly, or whether they want USCIS to send them to their legal representative. 

The revised Form G-28 also collects more biographic data, email addresses and cell phone numbers.

Beginning April 13, 2015, USCIS will not accept earlier versions of Form G-28. If an applicant, petitioner, or requestor submits an application or benefit request with a previous/expired version of Form G-28, USCIS will accept only the application or request as long as it meets the acceptance criteria. In this situation, they will not accept the Form G-28 and will send all notices and secure documents only to the applicant/petitioner/requestor. Please remember to start using new edition of form G-28. It's available at USCIS website. See the link below.

For More Information Visit the Filing Your Form G-28 Web page to learn more about the revised form.

http://www.uscis.gov/forms/filing-your-form-g-28

The Vermont Service Center USCIS is currently experiencing problems with its biometric scheduling system, which has resulted in a temporary halt in sending biometrics notices in all cases at VSC with the exception of TPS-related applications. 

The glitch affects cases that were filed with VSC USCIS in December 2014 and January 2015. VSC is working on the problems and expects to begin sending notifications on or around February 12, 2015 to individuals whose applications were filed in December and January.