New Policy Guidance on 3/10 Year Unlawful Presence Bars – May Serve the 3/10 Year Bar Inside the U.S.

On June 24, 2022, USCIS issued new policy guidance regarding the effect of returning to the United States during the statutory 3-year or 10-year period after departure or removal. In general, a noncitizen is inadmissible under INA 212(a)(9)(B) if the noncitizen accrues more than 180 days of unlawful presence, departs or is removed (whichever applies), and again seeks admission within 3-years (if...

Some TPS Holders May Now Be Considered “Inspected and Admitted” and Be Eligible For Adjustment of Status

On July 1, 2022, USCIS issued an update to its policy manual which clarified that Temporary Protected Status beneficiaries may be deemed eligible for adjustment of status to the extent that they meet the inspected and admitted requirement following a return from authorized travel. TPS beneficiaries who travel abroad temporarily, with the prior consent of the U.S. Department of Homeland Security...

Why Is My Case Taking So Long?

Related Posts: Another Chance to File I-485 after RejectionUSCIS Processing Update: H-4 / H-4 EADI-485 EB Processing UpdateExpediting a Pending I-765 EADBreaking: USCIS to Eliminate Biometrics Requirement for I-539 filers starting May 17, 2021Biometric Appt may now be Rescheduled by PhoneI-751 Processing updatesNaturalization Processing UpdatesTemporary Extension of I-693 Validity from 2 Years...

Anxious About Not Having Received a Receipt Notice? Ask Emma

As USCIS continues to grapple with backlogs and extended processing delays, the issuance of receipt notices has also be impacted with some taking 3 weeks or longer to arrive by mail. Coupled with mail delivery issues at USPS, it has now become a challenge just to get the receipt notice in hand. It is no longer easy or expected to receive the receipt notice within a few short days. Receipt...

How to Reschedule Biometrics Services Appointment as of July 28, 2021

USCIS no longer accepts written requests. Reschedule requests must now be made via the USCIS Contact Center by calling 1-800-375-5283. Your request to reschedule must: 1) be made before and time of the original appointment and 2) establish good cause for rescheduling. Please also see a sample recent biometrics appt notice without the option to mail in rescheduling requests.

Current State of DACA

On July 16, 2021, a district court in Texas ruled against DACA and found it to be unlawful. It's important to highlight that the decision only affects first-time filers. Existing DACA holders may continue to renew their DACAs and pending renewal application will continue to be processed. Both the White House and the DOJ have expressed intent to appeal the decision. Current state of DACA as of...

Re-Designation Of TPS For Somalia 2021

On July 19, 2021, DHS announced the re-designation and extension of Somalia for TPS.  The extension of TPS for Somalia allows approximately 447 current beneficiaries to retain TPS through March 17, 2023, so long as they meet TPS eligibility requirements.  The re-designation of Somalia for TPS also allows an estimated 100 additional Somali nationals (or individuals having no nationality who...