Immigration Blog Luba Smal Attorney at Law - Smal Immigration Law Office

USCIS to Furlough 73% of the Employees on August 3 2020

6/30/2020

On Monday, June 29, 2020, 13,400 USCIS employees received emails telling them the furloughs would begin on August 3, 2020 and last for at least 30 days, with the potential to last three months or longer.... Employees were told last week that around 73% of the agency’s entire staff would be put out of work temporarily.

USCIS has nearly 20,000 employees total. 13,400 of them will be furloughed.

Unlike most other federal agencies, a significant amount of the USCIS’s $14.8 billion operating budget — nearly 97%, according to congressional testimony from 2019 — comes from immigration fees. The reasoning given to employees for the furlough was declining revenues as a result of the COVID-19 pandemic and resulting economic crisis.
“USCIS has seen a 50% drop in receipts and incoming fees starting in March and estimates that application and petition receipts will stay well below plan through the end of Fiscal Year 2020,” the USCIS spokesperson said. “This dramatic drop in revenue has made it impossible for our agency to operate at full capacity. Without additional funding from Congress before August 3, USCIS has no choice but to administratively furlough a substantial portion of our workforce.”
This will significantly slow down USCIS processing times, and has a potential to affect our immigration system long term.

https://www.vice.com/en_us/article/ep4pkw/the-trump-administration-just-furloughed-13400-immigration-workers

COVID19 Updates from USCIS About Reopening and New Procedures

6/18/2020

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

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.
The purpose of new procedures is to ensure safety of the USCIS personnel, staff, customers and visitors.
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.
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.
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.
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.
Priority number one after reopening of the local USCIS offices will be Naturalization ceremonies.
Second priority is rescheduling cancelled adjustment of status or green card interviews.
Some employment-based green card interviews can be waived on a case-by-case basis and only if it is deemed unnecessary.
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).
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.
Asylum interviews will follow different format from other USCIS’ field office interviews.
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).
Customers are advised not to arrive earlier than 15 minutes before an interview, or 30 minutes before naturalization interview.
Interpreters are not allowed to attend interviews at USCIS offices in person. Interpreters can interpret by phone.
Attorneys can attend in person or by phone.
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
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.
USCIS is advising all customers to use online tools for contacting USCIS, and to have online accounts.
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.

Asylum in the United States of America Overview 2020

6/15/2020

Each year, thousands of people arriving at the border or already in the United States apply for asylum, or protection from persecution. Those granted asylum can apply to live in the United States permanently and gain a path to citizenship and can also apply for their spouse and children to join them in the United States. This fact sheet provides an overview of the asylum system in the United States, including how asylum is defined, eligibility requirements, and the application process.

What is Asylum process in the United States? Read overview here.

How to file a VAWA self-petition and apply for a Green Card

5/9/2020

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.

RFE, NOID, NOIR Response Time Extended by 60 days for a period March 1 to July 1, 2020

5/1/2020

On May 1, 2020, USCIS announced that RFE and NOID, NOIR Response Time extended by 60 days for a period beginning March 1 and ending July 1, 2020.

USCIS продляет время для ответа на запросы RFE и письмо об отказе NOID, NOIR на 60 дней. Это период продлен включительно по 1 июля 2020. То есть если вы получили RFE, NOIR, NOID в период с 1 марта по 1 июля 2020, у вас есть дополнительные 60 дней для ответа.

In response to the coronavirus (COVID-19) pandemic, USCIS is extending the flexibilities it announced on March 30, 2020 to assist applicants and petitioners who are responding to certain:
Requests for Evidence, RFE;
Continuations to Request Evidence (N-14);
Notices of Intent to Deny, NOID;
Notices of Intent to Revoke, NOIR;
Notices of Intent to Rescind and Notices of Intent to Terminate regional investment centers; and
filing date requirements for Form I-290B, Notice of Appeal or Motion.
Notice/Request/Decision Issuance Date
This flexibility applies to the documents listed above if the issuance date listed on the request, notice, or decision is between March 1 and July 1, 2020, inclusive.
Response Due Date
USCIS will consider a response to a request or notice listed above received within 60 calendar days after the response due date set in the request or notice before taking action. USCIS will consider a Form I-290B received up to 60 calendar days from the date of the decision before it takes any action.
For More Information
Please visit uscis.gov/coronavirus for the latest facts and other USCIS updates.

USCIS Local Offices prepare to reopen on or after June 4, 2020

4/24/2020

USCIS prepare to reopen on or after June 4, 2020. Please note that this announcement applies only to USCIS local offices, and doesn't apply to the U.S. embassies and consulates.

COVID-19 Update from USCIS 04/24/2020:

On March 18, U.S. Citizenship and Immigration Services temporarily suspended in-person services at its field offices, asylum offices, and application support centers (ASCs) to help slow the spread of coronavirus (COVID-19). USCIS is readying offices to reopen on or after June 4, 2020. Employees in these offices are continuing to perform mission-essential services that do not require face-to-face contact with the public while the offices are closed.

While offices are temporarily closed, USCIS will continue to provide limited emergency in-person services. Please call the USCIS Contact Center for assistance with emergency services.

USCIS field offices will send notices to applicants and petitioners with scheduled appointments and naturalization ceremonies impacted by the extended temporary closure. USCIS asylum offices will send interview cancellation notices and automatically reschedule asylum interviews. When the interview is rescheduled, asylum applicants will receive a new interview notice with the new time, date and location of the interview. When USCIS again resumes operations for in-person services, USCIS will automatically reschedule ASC appointments due to the temporary office closure. Individuals will receive a new appointment letter in the mail. Those who had InfoPass or other appointments must reschedule through the USCIS Contact Center once field offices are open to the public again. Please check to see if the respective office has been reopened before calling the Contact Center.

Please also visit uscis.gov/coronavirus for updates. For the latest information on the status of an office, visit https://www.uscis.gov/about-us/uscis-office-closings.

To schedule a consultation with an immigration attorney, please email us.

USCIS Offices Temporary Closure Extended to May 4, 2020

4/1/2020

COVID-19 04/01/2020 update from USCIS:

On March 18, 2020 tin order to help mitigate the spread of coronavirus (COVID-19), USCIS temporarily suspended all routine face-to-face services with applicants at all of local offices, including all interviews, biometrics and naturalization ceremonies. The temporary suspension is extended through May 3, 2020 and USCIS offices will begin to re-open on May 4, 2020 UNLESS the public closures are extended further.

This includes interviews, naturalization ceremonies and biometric collection appointments. However, USCIS will continue to provide emergency services during this time. If you have an emergency service request, please contact the USCIS Contact Center. Employees in these offices are continuing to perform mission-essential services that do not require face-to-face contact with the public.

USCIS field offices will send notices to applicants and petitioners with scheduled appointments impacted by the temporary public closure. USCIS will reschedule all applicants when USCIS resumes normal operations.

During COVID-19 pandemic, our virtual online immigration law office remains OPEN.

A phone or video conference appointment with an attorney can be scheduled by emailing us.

We will continue to file new petitions with USCIS as well as continue to meet all deadlines.

You can also follow our Blog on Facebook here.

Briefly in Russian:

1 апреля 2020 USCIS объявило о том, что временное закрытие всех местных офисов и отмена всех интервью и отпечатков пальцев продлевается как минимум до 4 мая 2020. Этот период может быть продлен (и скорее всего будет продлен).

После того, как офисы откроются, USCIS сам назначет новые дату интервью и вышлет новые письма по почте. Вам не нужно будет звонить или писать, они сделают это сами.

Вы можете следить за новостями от USCIS тут на нашем блоге или на нашей группе в Facebook.

COVID-19 Coronavirus Update from USCIS: RFE and NOID get extra 60 days to respond

3/27/2020

#COVID19 Update from USCIS:

In response to the Coronavirus (COVID-19) pandemic, USCIS announced that it is adopting a measure to assist applicants and petitioners who are responding to requests for evidence (RFEs) and notices of intent to deny (NOIDs) dated between March 1 and May 1, 2020.

For applicants and petitioners who receive an RFE or NOID dated between March 1 and May 1, 2020, any responses submitted within 60 calendar days after the response deadline set forth in the RFE or NOID will be considered by USCIS before any action is taken.

USCIS will provide further updates as the situation develops and will continue to follow CDC guidance. Education and precautions are the strongest tools against COVID-19 infection.

Local USCIS offices remain closed until April 7, 2020 (most likely, it will be extended). USCIS Service Centers are still open for business.

Please visit uscis.gov/coronavirus for latest facts and other USCIS updates.

03/30/2020 UPDATE:

This flexibility applies to an RFE, NOID, NOIR, NOIT or appealable decision within AAO jurisdiction and the issuance date listed on the request, notice or decision is between March 1, 2020 and May 1, 2020, inclusive.
Response Due Date: Any response to an RFE, NOID, NOIR, or NOIT received within 60 calendar days after the response due date set in the request or notice will be considered by USCIS before any action is taken. Any Form I-290B received up to 60 calendar days from the date of the decision will be considered by USCIS before it takes any action.

USCIS Local Field Offices are Closed Until April 7, 2020, will be extended. Our Law Office is Open.

3/19/2020

During COVID-19 pandemic, our virtual online immigration law office remains OPEN.

A phone or video conference appointment with an attorney can be scheduled by emailing us.

On March 18, 2020, the United States Citizenship and Immigration Services announced the temporary closure of its local field and asylum offices as well as its application support centers. The closure will remain in effect until at least April 1, 2020.

On March 25th, temporary closure of USCIS local offices was extended to April 7th 2020, unless the public closures are extended further. This includes interviews, naturalization ceremonies and biometric collection appointments. However, USCIS will continue to provide emergency services during this time. If you have an emergency service request, please contact the USCIS Contact Center. Employees in these offices are continuing to perform mission-essential services that do not require face-to-face contact with the public.
USCIS field offices will send de-scheduling notices to applicants and petitioners with scheduled appointments impacted by the public closure. USCIS will also send de-scheduling notices to naturalization applicants scheduled for naturalization ceremonies, and will reschedule all applicants when USCIS resumes normal operations.

USCIS will post and update COVID-19 information here.

However, USCIS Service Centers remain open and cases are being processed.

We will continue to file new petitions with USCIS as well as continue to meet all deadlines. At this time, USCIS has not modified any deadlines or filing requirements.

We will continue to monitor and provide updates at https://law-visa-usa.com/blog-usa-immigration-law-updates.html

ALERT: Rescheduling Appointments Due to the Coronavirus COVID-19

3/12/2020

USCIS #COVID19 Announcement: If You Feel Sick, Please Consider Canceling and Rescheduling Your USCIS Appointment.
ALERT: Rescheduling Appointments Due to the Coronavirus (COVID-19)

If you become ill for any reason, regardless of whether you were exposed to COVID-19, please do not come to appointments with any USCIS office.
Please follow the instructions on your appointment notice to reschedule your appointment or interview if you:

Were in any country designated as a "level 3" by the Centers for Disease Control and Prevention (CDC) within 14 days of your appointment;
Believe that you may have been exposed to COVID-19 (even if you were not recently in any level 3 country); or
Are experiencing flu-like symptoms (such as a runny nose, headache, cough, sore throat or fever).
USCIS wants to ensure the safety of those whom we serve and our employees. Please do not visit a USCIS office if you are sick or start to feel symptoms of being sick. We will help you reschedule your appointment, without penalty, when you are better. If you have an illness or are exhibiting symptoms, we recommend you cancel and reschedule your USCIS appointment. Some illnesses and symptoms include:

A cold or the flu
Fever or nausea
Severe headaches or body aches
Muscle or stomach pain, chest pain or difficulty breathing
Vomiting or diarrhea
Active tuberculosis (TB)
Mumps, measles, chickenpox
Other contagious disease
If you need to reschedule an appointment

Please follow the instructions on your appointment notice to reschedule your appointment. There is no penalty if you reschedule your appointment.

***If you come to a USCIS office when you are sick

For the safety of our employees and those that we serve, if you or someone with you appears ill or meets any of the conditions listed above, the OFFICER may CANCEL your appointment or interview. We will assist you in rescheduling your appointment, without any penalty.

https://www.uscis.gov/about-us/find-a-uscis-office/if-you-feel-sick-please-consider-canceling-and-rescheduling-your-uscis-appointment

Affidavit of Support New Rule

3/3/2020

New Public Charge rules are in effect since February 24, 2020.
New federal poverty guidelines are in effect since March 1, 2020. https://www.uscis.gov/i-864p

Public charge does not apply to all immigrants. Every family is different, and the programs that help your
family might not be part of new changes to the policy.

WHAT IS CONSIDERED PUBLIC CHARGE:

- Supplemental Nutrition Assistance Program (SNAP, “EBT” or “Food Stamps”)
- Federal Public Housing and Section 8 assistance
- Medicaid (except for emergency services, children under 21 years, pregnant
women, and new mothers)
- Cash assistance programs (like SSI, TANF, General Assistance)

Most people who are subject to the new rule are not eligible for the above listed benefits.
Services that are not listed above will not be counted in the public charge test. This includes
WIC, CHIP, school lunches, food banks, shelters, state or local health care programs, and
many more.

The immigration officer will consider the immigrant's:

health
age
education and skills
family support and sponsor
use of some kinds of public benefits

The officer weighs all these factors. The officer decides if the person is "likely to become a Public Charge." They consider positive factors, like a job or skills. They consider negative factors, like low income or health problems. They can deny the application if they think the person will depend too much on public benefits in the future.

Who is Affected by the Public Charge Rule

The Public Charge rule mostly affects people who are:

applying for a Green card (Permanent Residence) with a family-based petition.
Permanent Residents who traveled outside the U.S. for more than six months.

A slightly different rule applies to some "nonimmigrants" applying to change or extend their status. Example: student visas.

New Public Charge Rule doesn't apply to:

U.S. citizens
Permanent Residents (Green card holders) applying for citizenship or card renewals
Refugees: people applying for refugee status, or for a Green card as a refugee
Asylum: people applying for asylum, or for a Green card as an Asylee
TPS: people applying for initial or re-registration of Temporary Protected Status
DACA: people applying to renew Deferred Action for Childhood Arrivals
SIJS: people applying for Special Immigrant Juvenile Status or applying for a Green card thru SIJS
U Visa: people applying for a U visa or U visa holders applying for a Green card
T Visa: people applying for a T visa; and T visa holders applying for a Green card
VAWA: people applying for Violence Against Women Act (VAWA), and people with VAWA who are applying for a Green card
People applying for withholding of removal or Convention Against Torture benefits
Cubans applying under the Cuban Adjustment Act
Amerasians who are applying for admission
SIV: Afghan and Iraqi interpreters and translators who are applying for special immigrant visas
Registry: People applying for registry (lived in the U.S. since before January 1, 1972)
NACARA: People applying for Nicaraguan Adjustment and Central American Relief Act benefits
HRIFA: People applying for Haitian Relief and Immigrant Fairness Act (HRIFA) benefits
Lautenberg parolees
Certain other "humanitarian" immigrants

You can find many great resources below:

Supreme Court opinion issued February 21, 2020 is here.
DS-5540, DOS Public Charge Questionnaire is here.
Updated DOS Foreign Affairs Manual section on public charge is here.
USCIS revised forms and updated policy guidance is here.
USCIS policy alert is here.
USCIS announcement is here.
Immigrant Legal Resource Center, Public Charge Toolkit, including a “Totality of the Circumstances Worksheet” with ideas for positive evidence, is here.
National Immigration Law Center, Protecting Immigrant Families page is here; summary of developments is here.
Additional resources are here.

New Public Charge Requirements in Effect on February 24, 2020

1/31/2020

ALERT: Effective February 24, 2020, USCIS will implement the Inadmissibility on Public Charge Grounds final rule, except in Illinois, where the rule remains enjoined by a federal court as of Jan 31, 2020. DHS has sought a stay of this injunction from the U.S. Court of Appeals for the Seventh Circuit in light of the Supreme Court decision to stay the last nationwide injunctions. USCIS will provide additional guidance if the injunction in Illinois is lifted.

The final rule will apply only to applications and petitions postmarked (or if applicable, submitted electronically) on or after Feb. 24, 2020. For applications and petitions sent by commercial courier (such as UPS, FedEx, and DHL), the postmark date is the date reflected on the courier receipt.

When determining whether an alien is likely to become a public charge at any time in the future, DHS will NOT consider an alien’s application for, certification or approval to receive, or receipt of certain non-cash public benefits BEFORE Feb. 24, 2020. Similarly, when determining whether the public benefits condition applies to applications or petitions for extension of stay or change of status, USCIS will only consider public benefits received on or after Feb. 24, 2020.

USCIS will post updated forms and submission instructions to the USCIS website during the week of Feb. 3 to give applicants, petitioners, and others time to review updated procedures and adjust filing methods. After Feb. 24, except in Illinois, USCIS will reject prior editions of forms if the form is postmarked on or after Feb. 24, 2020. If USCIS receives an application or petition for benefits using an incorrect edition of the forms, the petitioner or alien will need to submit a new application or petition.

DHS remains enjoined from implementing the final rule in Illinois. If the injunction in Illinois is lifted, USCIS will provide additional public guidance.

https://www.uscis.gov/i-864

Public Charge Toolkit.

Adjustment of Status on a New Basis After Termination of Conditional Permanent Residence

11/26/2019

On November 21, 2019, USCIS published a Memorandum explaining a new policy regarding second Adjustment of Status for Conditional Permanent Residents after termination of the conditional residence.

New policy will make it easier for a former conditional resident, whose status was terminated by USCIS, to reapply for adjustment of status under another petition or eligibility basis without having to go through Immigration Court removal proceedings. USCIS will consider the date of admission to be the date USCIS approved the subsequent (second) adjustment application. Time spent in the prior terminated conditional resident status does not count toward the residency requirement for naturalization purposes. The clock will restart after second adjustment.

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to update and clarify when USCIS may adjust the status of an applicant whose conditional permanent resident (CPR) status was terminated. Background Sections 245(d) and 245(f) of the Immigration and Nationality Act (INA) bar an alien lawfully admitted to the United States for permanent residence on a conditional basis from adjusting status under INA 245(a).

However, in Matter of Stockwell, the Board of Immigration Appeals held that INA 245(d) does not prohibit an alien whose CPR status had been terminated from adjusting his or her status under INA 245(a).

USCIS is updating its guidance to ensure consistent adjudication of Application to Register Permanent Residence or Adjust Status (Form I-485) filed by applicants whose CPR status was terminated.

The guidance contained in Volume 7, Part B of the Policy Manual, replaces guidance found in Chapter 25.1(d) of the Adjudicator’s Field Manual. The guidance contained in the Policy Manual is controlling and supersedes any related prior USCIS guidance.

This policy is effective on November 21, 2019, and only applies to adjustment applications received on or after that date.

New Policy Highlights
• Explains how USCIS applies Matter of Stockwell and clarifies when USCIS may adjust the status of an alien whose CPR status was terminated in certain circumstances.
• Clarifies that the time an alien spent in prior CPR status does not count towards his or her residency requirement for naturalization purposes.

In general, an alien granted lawful permanent resident status on a conditional basis[20] is ineligible to adjust status on a new basis under the provisions of INA 245(a).[21] Instead, conditional permanent residents (CPRs) must generally comply with the requirements of INA 216 or 216A to remove the conditions on their lawful permanent resident status.[22]

This bar to adjustment, however, only applies to an alien in the United States in lawful CPR status. In Matter of Stockwell (PDF),[23] the Board of Immigration Appeals adopted a narrow interpretation of the regulation implementing this adjustment bar,[24] stating that the bar no longer applies if USCIS terminates the alien’s CPR status.[25]

USCIS can terminate CPR status for reasons specified in INA 216 or INA 216A. [26] Although the immigration judge may review the termination in removal proceedings, the bar no longer applies upon USCIS terminating the CPR status; it is not necessary that an immigration judge have affirmed USCIS’ decision to terminate the alien’s CPR status before the alien may file a new adjustment application.

Therefore, under INA 245(a), USCIS may adjust the status an alien whose CPR status was previously terminated, if:[27]

The alien has a new basis for adjustment;
The alien is otherwise eligible to adjust;[28] and
USCIS has jurisdiction over the adjustment application.[29]

When seeking adjustment of status again, the alien may not reuse the immigrant petition associated with the previous CPR adjustment or admission. Therefore, the alien must have a new basis to adjust.
An alien seeking to adjust status again who was admitted as a fiancé(e) (K nonimmigrant) may only re-adjust based on an approved Petition for Alien Relative (Form I-130) filed by the same U.S. citizen who filed the Petition for Alien Fiancé(e) (Form I-129F) on his or her behalf.[30]
The alien must also be otherwise eligible to adjust status including not being inadmissible or barred by INA 245(c).

If the alien successfully adjusts status on a new basis, USCIS generally considers the date of admission to be the date USCIS approved the subsequent adjustment application.[31] Time spent in the prior CPR status does not count toward the residency requirement for naturalization purposes.[32]

More here.

F2A Family Preference Green Card Category Continues to be CURRENT in October 2019

9/18/2019

Family preference category for spouses and unmarried children under 21 of lawful permanent residents remains CURRENT in October 2019!

It means, there is still enough time to file the I-130 and concurrent application for adjustment of status, I-485, and other concurrent applications, but only if you qualify.

One of the requirements is maintaining a lawful nonimmigrant status at the time of filing.

USCIS October 2019 announcement is here:

October 2019 visa bulletin is here.

Like in July and August, F2A is CURRENT in September 2019

8/19/2019

The USCIS will honor the Final Action Dates chart, rather than the Dates for Filing chart, in September 2019. Just as it was done in July and August. When such retrogressions have occurred in the past, the USCIS has accepted applications and held them until priority dates become current again.

If a F2A spouse or a minor child is in the USA in a valid nonimmigrant status, it is still possible to file a concurrent petition and application for adjustment of status in September 2019.

If you need help or advice, please email us to schedule a phone or Skype consultation with an attorney.

Please see USCIS' announcement here.

Naturalization or Citizenship Test will be updated soon

7/24/2019

USCIS is revising the current Naturalization or Citizenship Test, for applicants who submitted Form N-400, The goal is to create a uniform test that assesses applicants’ knowledge and understanding of U.S. history, government and values.

This spring, the former USCIS director signed the Revision of the Naturalization Civics Test Memorandum. This memorandum announces the revision of the naturalization test and formalizes a revision schedule of the naturalization test.

USCIS set an implementation date in December 2020 or early 2021.

Read more here.

EB-5 Immigrant Investor Reform

7/24/2019

On July 24, 2019, new EB-5 Immigrant Investor regulations were published in Federal Register.

The final rule will become effective on November, 21, 2019.

Major changes to EB-5 in the final rule include:

Raising minimum investment amounts: the standard minimum investment level will increase from $1 million to $1.8 million, the first increase since 1990, to account for inflation.
The rule also keeps the 50% minimum investment differential between a TEA and a non-TEA, thereby increasing the minimum investment amount in a TEA from $500,000 to $900,000. The final rule also provides that the minimum investment amounts will automatically adjust for inflation every five years.
The final rule outlines changes to the EB-5 program to address gerrymandering of high-unemployment areas (which means deliberately manipulating the boundaries of an electoral constituency). As of the effective date of the final rule, DHS will eliminate a state’s ability to designate certain geographic and political subdivisions as high-unemployment areas; instead, DHS would make such designations directly based on revised requirements in the regulation limiting the composition of census tract-based TEAs. These revisions will help ensure TEA designations are done fairly and consistently, and more closely adhere to congressional intent to direct investment to areas most in need.
Clarifying USCIS procedures for removing conditions on permanent residence: The rule revises regulations to make clear that certain derivative family members who are lawful permanent residents must independently file to remove conditions on their permanent residence. The requirement would not apply to those family members who were included in a principal investor’s petition to remove conditions. The rule improves the adjudication process for removing conditions by providing flexibility in interview locations and to adopt the current USCIS process for issuing Green Cards.
Allowing EB-5 petitioners to keep their priority date: The final rule also offers greater flexibility to immigrant investors who have a previously approved EB-5 immigrant petition. When they need to file a new EB-5 petition, they generally now will be able to retain the priority date of the previously approved petition, subject to certain exceptions.
Once an investor has obtained an immigrant visa through an I-526 petition and become a conditional resident, he or she can no longer use the priority date of that I-526 petition if he or she files a new I-526 petition. The regulations only offer protection to investors whose I-526 petitions have been approved, and who have not yet obtained conditional residence.
The regulations will be in effect and apply to all I-526 petitions filed on or after November 21, 2019. Any petition filed before that date will be subject to the current rules.

Read more here.

Reminder: Very Rare F2A Concurrent Filing Period Opened on July 1 2019

7/1/2019

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]

New: USCIS to Remind About I-864 Affidavit of Support at Green Card Interview

7/1/2019

On June 14, 2019, USCIS announced the implementation of the “Presidential Memorandum on Enforcing the Legal Responsibilities of Sponsors of Aliens,” issued May 23, 2019.

Now, USCIS officers are required to remind applicants and their petitioners at the adjustment of status (aka green card) interviews of their sponsors’ responsibilities:

Officers must remind applicants and sponsors that the Affidavit of Support is a legal and enforceable contract between the sponsor and the federal government, and that the sponsor must be willing and able to financially support the intending immigrant.
If the sponsored immigrant receives any federal means-tested public benefits, the sponsor “will be expected to reimburse the benefits-granting agency for every dollar of benefits received by the immigrant,” USCIS said.

USCIS announcement is here; Presidential Memorandum is here.

DHS has revised the definition of “public charge” to incorporate consideration of more kinds of public benefits received, which the Department believes will better ensure that applicants subject to the public charge inadmissibility ground are self-sufficient. The rule defines the term “public charge” to mean an individual who receives one or more designated public benefits for more than 12 months, in the aggregate, within any 36-month period (such that, for instance, receipt of two benefits in one month counts as two months). The rule further defines the term “public benefit” to include any cash benefits for income maintenance, Supplemental Security Income (SSI), Temporary Assistance to Needy Families (TANF), Supplemental Nutritional Assistance Program (SNAP), most forms of Medicaid, and certain housing programs.
The regulation also excludes from the public benefits definition: public benefits received by individuals who are serving in active duty or in the Ready Reserve component of the U.S. armed forces, and their spouses and children; public benefits received by certain international adoptees and children acquiring U.S. citizenship; Medicaid for aliens under 21 and pregnant women; Medicaid for school-based services (including services provided under the Individuals with Disabilities Education Act); and Medicaid benefits for emergency medical services.
This rule also makes certain nonimmigrant aliens in the United States who have received designated public benefits above the designated threshold ineligible for change of status and extension of stay if they received the benefits after obtaining the nonimmigrant status they seek to extend or from which they seek to change.
Importantly, this regulation does not apply to humanitarian-based immigration programs for refugees, asylees, Special Immigrant Juveniles (SIJs), certain trafficking victims (T nonimmigrants), victims of qualifying criminal activity (U nonimmigrants), or victims of domestic violence (VAWA self-petitioners), among others.
This rule also explains how USCIS will exercise its discretionary authority, in limited circumstances, to offer an alien inadmissible only on the public charge ground the opportunity to post a public charge bond. The final rule sets the minimum bond amount at $8,100; the actual bond amount will be dependent on the individual’s circumstances.
This final rule supersedes the 1999 Interim Field Guidance on Deportability and Inadmissibility on Public Charge Grounds and goes into effect at 12:00 a.m. Eastern on Oct. 15, 2019, 60 days from the date of publication in the Federal Register. USCIS will apply the public charge inadmissibility final rule only to applications and petitions postmarked (or, if applicable, submitted electronically) on or after the effective date. Applications and petitions already pending with USCIS on the effective date of the rule (postmarked and accepted by USCIS) will be adjudicated based on the 1999 Interim Guidance.

Updated I-94 Admission Record Will Have Letters and Numbers

4/29/2019

Starting in May 2019, US Customs and Border Protection (CBP) will start issuing I-94 Admission Record with letters in addition to numbers. The new format will include nine numbers, followed by one letter and one number.

Current I-94 Admission Record also have eleven characters, but only numbers. Examples of new I-94 numbers include: 111111111A1; 000000001B2; 123456789C3.

I-94s in the current number-only format will remain valid through the listed “Admit Until Date”.

As a reminder, an I-94 record not only documents a foreign national’s current nonimmigrant status, but also governs the amount of time the individual is allowed to remain in the United States in that status. As such, it is extremely important to review and print I-94 record from the CBP website after each admission into the United States. Errors on I-94 records can be corrected if caught early.

Change in USCIS Policy Regarding Advance Parole I-131 Denials

2/19/2019

On November 16, 2018, during Ombudsman’s Office Annual Conference, USCIS Director, L. Francis Cissna confirmed that USCIS will end its practice of denying pending Advance Parole (travel document) applications when applicants travel internationally. This sudden change of policy was a result of the collaboration between USCIS and Ombudsman’s Office.

Over a year ago, suddenly, USCIS began denying applications for renewals of Advance Parole (I-131) documents, if an applicant traveled internationally while waiting for the I-131 approval. It was followed by thousands of applications being denied for abandonment, people unable to return to the U.S. after a temporary trip abroad, refiling of thousands of advance parole applications, emergency I-131 filings at local USCIS offices, and resulted in strain of the USCIS resources.

Currently, the USCIS website indicates that if an individual has an approved advance parole document while a second one is pending, they can travel on the approved document, provided the advance parole document is valid for the entire duration of the trip (will not expire until after they had returned to the U.S.). In this case, the pending I-131 application will not be considered by the USCIS as abandoned.

See more here.

EB-5 Immigrant Investor Class Action Lawsuit Notice

2/14/2019

On Nov. 30, 2018, in Zhang v. USCIS, No. 15-cv-995, the U.S. District Court for the District of Columbia certified a class that includes any individual with a Form I-526, Immigrant Petition by Alien Entrepreneur, that was or will be denied on the sole basis of investing loan proceeds that were not secured by the individual’s own assets.

The U.S. District Court for the District of Columbia vacated these denials and ordered USCIS to reconsider the petitions.

If you believe you have received an I-526 denial solely on this ground and would like to identify yourself as a potential class member, USCIS had provided a contact email [email protected], and advised to contact them using the subject line “Zhang Class,” and provide the following:

Name
Alien Number (if any)
Date of birth
I-526 receipt number (if available)
Date of I-526 denial
Copy of I-526 denial (if available)

Revised USCIS Form I-539 Effective Date: March 11, 2019

2/11/2019

USCIS revised Form I-539, Application to Extend/Change Nonimmigrant Status and will publish the revised form on March 11, 2019.

This application is used by foreign nationals already in the USA, who apply to either extend or change their status in USA (visitors, tourists, students, etc).

Starting on March 11, 2019, USCIS will only accept the new revised Form I-539 with an edition date of 02/04/19. USCIS will also publish a new Form I-539A, Supplement to Application to Extend/Change Nonimmigrant Status. Form I-539A replaces the Supplement A provided in previous versions of Form I-539.

The revised Form I-539 includes the following changes:
--> Every co-applicant included on the primary applicant’s Form I-539 must submit and sign a separate Form I-539A, which will be available on the Form I-539 webpage on March 11, 2019.
--> Parents or guardians may sign on behalf of children under 14 or any co-applicant who is not mentally competent to sign.
--> Every applicant and co-applicant will have to pay an $85 biometric services fee.
--> Every applicant and co-applicant will receive a biometrics appointment notice, regardless of age, containing their individual receipt number.
--> USCIS will reject any Form I-539 that is missing any of the required signatures or biometrics fees, including those required for Form I-539A.

USCIS Office at the U.S. Embassy in Moscow, Russia to Close Down on March 29 2019

2/5/2019

USCIS will permanently close its field office in Moscow, Russia, on March 29, 2019. The last day the office will be open to the public and accepting applications is February 28, 2019.

The USCIS field office in Athens, Greece, will assume jurisdiction over immigration matters in the Russian Federation, Armenia, Azerbaijan, Belarus, Estonia, Georgia, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan. The U.S. Embassy in Moscow will assume responsibility for certain limited services previously provided by USCIS to individuals residing in Russia (see table below). The USCIS Refugee Affairs Division will assume primary responsibility for adjudicating refugee cases presented for interview in the region.
Beginning on March 1, 2019, individuals who live in the aforementioned countries must follow these filing instructions:
Service/Form Filing Instructions

Form I-130, Petition for Alien Relative, Petition for Alien Relative
File your petition by mail with the USCIS lockbox facility in Chicago. You can find additional filing information on the Form I-130 Web page.
USCIS may authorize the Department of State to accept a petition filed with a U.S. embassy in some limited circumstances (PDF, 61 KB).

Form I-131A, Application for Travel Document (Carrier Documentation)If you are a lawful permanent resident (LPR) who has lost your LPR card and/or re-entry permit and you need travel documentation to return to the U.S., you can file your Form I-131A with any U.S. embassy consular section or USCIS international field office.

Form I-407, Record of Abandonment of Lawful Permanent Resident StatusForm I-407 may be submitted by mail to the nearest USCIS international field office.
In rare circumstances, a U.S. embassy or U.S. consulate without a USCIS international field office may allow you to submit a Form I-407 in person if you need immediate proof that you have abandoned your lawful permanent resident status.

Form I-730, Refugee/Asylee Relative PetitionYou must file your petition with the Nebraska or Texas Service Center, depending on where you live in the United States.
For beneficiary interviews/processing, contact the U.S. embassy consular section in the country where the beneficiary resides.

Form N-400, Application for NaturalizationIf you are a member of the U.S. military and are stationed overseas, please see the Form N-400, Application for Naturalization page or call 800-375-5283 for the most current filing instructions. USCIS will forward the application to the appropriate international field office for processing. For qualified children of active-duty service members stationed abroad, the proper form to file is the N-600K, Application for Citizenship and Issuance of Certificate Under Section 322
General information about the U.S. Embassy Moscow is available on the embassy website.

You may also contact the embassy by calling 011-7 (495) 728-5000 or by mailing:
U.S. Embassy Moscow
Bolshoy Deviatinksy Pereulok No. 8
Moscow 121099
Russian Federation
For more information on the services USCIS provides in the region, please contact the USCIS field office in Athens, Greece.

Briefly in Russian:
29 марта 2019 закрывается офис USCIS при посольстве США в Москве России. Принятие заявлений продолжается включительно до 28 февраля 2019. После этого все заявления от граждан России, Беларуси, Армении, Латвии, Литвы, Молдовы, Узбекистана и т.п., которые раньше рассматривались в офисе USCIS в Москве, будут рассматриваться в офисе USCIS в Афинах в Греции.
Это не касается обычной процедуры выдачи иммиграционных и неиммиграционных виз, а только юрисдикции USCIS.

Federal Government Shutdown: Agency-by-Agency Update

1/7/2019

The partial federal government shutdown that began at 12:01 a.m. on Saturday, December 22, 2018, continues as of today, January 7, 2019.

USCIS remains open and mostly operational during this government shutdown. USCIS announcement is here.

Several other departments have issued related announcements about the specifics of which immigration services have closed and which remain open:

Department of Labor. DOL’s announcement here refers people to its extensive contingency plan here.
Department of Justice. DOJ released the following statement: “Due to the lapse in appropriations, Department of Justice websites will not be regularly updated. The Department’s essential law enforcement and national security functions will continue. Please refer to the Department of Justice’s contingency plan for more information.” The contingency plan, dated September 2018, is here.
Department of State. DOS announced on December 22, 2018, that scheduled passport and visa services in the United States and at U.S. embassies and consulates overseas will continue “during the lapse in appropriations as the situation permits.” The agency said it will not update its website until full operations resume, with the exception of urgent safety and security information. The National Visa Center, National Passport Information Center, and Kentucky Consular Center will still accept telephone calls and inquiries from the public.
All passport agencies and centers and acceptance facilities (such as U.S. post offices, libraries, and county clerk’s offices) are still accepting applications for U.S. passport books and passport cards during the shutdown, and passports can be renewed by mail, DOS said. Processing times remain the same: four to six weeks for routine service and two to three weeks for expedited service.
Those who have scheduled appointments at a DOS passport agency or center should plan on keeping their appointments, the agency said. Those who need to cancel their appointments at those places may do so by calling 1-877-487-2778 or visiting the Online Passport Appointment System here. Those who have scheduled appointments at a passport acceptance facility and need to cancel should contact the facility directly; see https://iafdb.travel.state.gov to search for a local facility.
The DOS passport notice is here.
Executive Office for Immigration Review—immigration courts. With respect to the operating status of immigration courts during the shutdown, EOIR said that detained docket cases will proceed as scheduled. Non-detained docket cases will be reset for a later date after funding resumes. Immigration courts will issue an updated notice of hearing to respondents or, if applicable, respondents’ representatives of record for each reset hearing.
The EOIR notice is here.
U.S. Citizenship and Immigration Services. USCIS said that the shutdown does not affect USCIS’s fee-funded activities. USCIS offices remain open and all applicants should attend their interviews and appointments as scheduled, the agency said. The lapse in government appropriations does not affect Form I-9 Employment Eligibility Verification requirements. Employers must still complete Form I-9 no later than the third business day after an employee starts work for pay, and comply with all other I-9 requirements.
USCIS noted that several USCIS programs have either expired or suspended operations, or are otherwise affected, until they receive appropriated funds or are reauthorized by Congress. The program-specific announcements are summarized below:

EB-5 Immigrant Investor Regional Center Program. The EB-5 Immigrant Investor Regional Center Program expired at the end of the day on December 21, 2018, due to a lapse in congressional authorization to continue the program. All regional center applications and individual petitions are affected. USCIS will not accept new Forms I-924, Application for Regional Center Designation Under the Immigrant Investor Program, as of December 21, 2018. Any pending Forms I-924 as of that date will be put on hold until further notice. Regional centers should continue to submit Form I-924A, Annual Certification of Regional Center, for fiscal year 2018. USCIS said it will continue to receive regional center–affiliated Forms I-526, Immigrant Petition by Alien Entrepreneur, and Forms I-485, Application to Register Permanent Residence or Adjust Status. USCIS has put unadjudicated regional center–affiliated Forms I-526 and I-485 (whether filed before or after the expiration date) on hold for an undetermined length of time. All Forms I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, filed before or after the expiration date will not be affected by the expiration of the program. USCIS said it will provide further guidance if legislation is enacted to reauthorize, extend, or amend the regional center program.

The announcement about the EB-5 program is here, in English with a link to a PDF in simplified Chinese.

E-Verify. Services are unavailable due to the shutdown, USCIS said. Employers’

E-Verify accounts are also unavailable, so employers will not be able to enroll in E-Verify; create an E-Verify case; view or take action on any case; add, delete, or edit any user account; reset a password; edit company information; terminate an account; or run reports. Also, employees will not be able to resolve E-Verify Tentative Nonconfirmations (TNCs). E-Verify said that the agency understands that E-Verify’s unavailability may have a “significant impact on employer operations.” To minimize the burden on both employers and employees, the agency has implemented the following policies:

The “three-day rule” for creating E-Verify cases is suspended for cases affected by the unavailability of E-Verify.
The time period during which employees may resolve TNCs will be extended. The number of days E-Verify is not available will not count toward the days the employee has to begin the process of resolving a TNC.
USCIS said it will provide additional guidance regarding the “three-day rule” and time period to resolve TNC deadlines once operations resume.
Employers may not take adverse action against an employee because the E-Verify case is in an interim case status, including while the employee’s case is in an extended interim case status due to the unavailability of E-Verify.
Federal contractors with the Federal Acquisition Regulation (FAR) E-Verify clause should ask their contracting officer about extending federal contractor deadlines.
MyE-Verify accounts are unavailable and employees will not be able to access their accounts to use self-check, self-lock, case history, or case tracker.
Upcoming webinars are canceled.
Telephone and email support for Form I-9, E-Verify, and MyE-Verify is unavailable.

The E-Verify announcement is here.

Conrad 30 waiver for J-1 doctors. This program allows J-1 doctors to apply for a waiver of the two-year residence requirement after completing the J-1 exchange visitor program. The expiration only affects the date by which the J-1 doctor must have entered the United States; it is not a shutdown of the Conrad 30 program entirely.

More information about the Conrad 30 waiver program is here.

Non-minister special immigrant religious workers. This category allows non-ministers in religious vocations and occupations to immigrate or adjust status in the United States to perform religious work in a full-time, compensated position. The EB-4 non-minister special immigrant religious worker program expired due to a lapse in congressional authorization to continue the program. USCIS will reject any Form I-360 Special Immigrant petitions for Non-Minister Religious Workers received on or after December 22, 2018. Petitions received by USCIS before that date but not issued a final decision before December 22, 2018, will be placed on hold in case the program is reauthorized.

More information about the special immigrant religious workers program and expiration is here.
The USCIS announcement is here.