Biden Administration Will Rescind Travel Bans and Instead Require Proof of Vaccination

The President announced today that starting in early November adult foreign nationals traveling to the United States must be fully vaccinated. The White House will also rescind the current geographic COVID-19 related travel bans implemented for individuals from China, Iran, the Schengen Area, U.K., Ireland, Brazil, South Africa, and India. US citizens are not subject to the rule meaning...

Consular Officers May Waive Interviews for Some International Students Through End of 2021

On September 14, 2021, DOS expanded categories of visa applications that can be adjudicated without an in-person interview. DOS has authorized consular officers through the end of 2021 to expand the categories of F, M, and “academic J visa applicants” (students, professors, research scholars, short-term scholars, or specialists ) whose applications can be adjudicated without an in-person...

Wage-Based Selection Process for H-1B Has Been Vacated

On September 15, 2021, the U.S. District Court for the Northern District of California concluded that the January 8, 2021, DHS final rule entitled “Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions” must be set aside, because Chad Wolf was not lawfully appointed as Acting DHS Secretary at the time that DHS promulgated the rule. Related posts:...

My I-751 Was Denied; I Was Then Put in Proceedings; My Petitioner Spouse Also Passed Away; Now What?

We helped a client whose I-751 journey began in August 2015 finally obtain her permanent green card in August 2021. Her case involved multiple setbacks due to circumstances beyond her control. We are sharing some of the issues here so others in similar situations may find them helpful. I-751 Denial A client filed I-751 jointly with her US citizen spouse in August 2015. They correctly informed...

I-601A RFEs

Since 2013, certain aliens who are only inadmissible based on the 3-year or 10-year unlawful presence bar may seek a provisional unlawful presence waiver while present in the United States by filing Form I-601A, Application for Provisional Unlawful Presence Waiver. An approved provisional unlawful presence waiver is not effective unless and until the alien departs from the United States, appears...

I-601A Processing Update

Update Post 09/13/2021 We received a new I-601A approval. Total processing time is about 19 months. No RFE. Filed: 12/09/2019 Approved: 09/02/2021 Original Post 09/08/2021 The current processing time of I-601A waiver is about 18 to 24 months. We received a recent approval which took about 21 months. This I-601A also successfully overcame an RFE challenge. Filed: 11/21/2019 Approved: 08/02/2021

USCIS Extends Status of Conditional Permanent Residents to 24 Months with Pending I-751 or I-829

Update Post 09/22/2021 If you have the 18-month receipt notice that has expired but have yet to receive the new 24-month receipt notice, you may continue to work in light of the 09/03/2021 announcement extending the time that I-751 or I-829 receipt notices can be used to show evidence of lawful permanent resident status. The expired 18-month receipt notice can be used as list B identity document...

Sample RFE Template Targeting Green Card Applications for Liberian Refugee Immigration Fairness (LRIF)

Below is a sample Request for Additional Evidence (RFE) which is a form of challenge issued by USCIS. The RFE focuses on a pending green card application filed under the Liberian Refugee Immigration Fairness program (LRIF). This form of RFE may be considered a template RFE because it can be easily adapted and sent out to any pending green card application filed under LRIF. You may receive a...