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...
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...
On April 12, 2022, USCIS announced that individuals who have been granted deferred action under DACA may file Form I-821D, Form I-765 (EAD), and Form I-765 worksheet online.
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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...
There is now a specific webpage for customers to keep track of updates lockbox filing locations. USCIS will provide updates regularly and will also announce updates on social media. However, applicants are encouraged to follow the "Where to File" section of each form's webpage for the most up-to-date filing address and instruction.
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.
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...
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...
On June 14, 2021, USCIS updated its policy manual to allow eligible U visa petitioners (victims of crime in the United States) access to employment authorization sooner. Currently, U visa petitioners are waiting approximately five years before receiving a determination that allows them access to an employment authorization document and grant of deferred action. Through this new process, USCIS...