On June 9, 2021, USCIS issued policy updates to improve the immigration system. Improvements are expected to continue under the Biden administration. USCIS is committed to modernizing the immigration system and operating it in a fair, efficient, and humane manner. Expedited Processing USCIS provided further guidance on when expedited processing may be warranted. Please see our post regarding...
Update June 18, 2021 If you have experienced a delayed rejection of your immigration filing which you are unable to refile due to no longer being eligible for the immigration benefit requested, please pay attention to the current flexibilities offered by USCIS. These filing flexibilities are effective for 60 days from June 10, 2021, until August 9, 2021. Refiling Eligibility You may refile your...
When working on a beneficiary's H-1B extension, I-140, or I-485 filing, we would send a checklist to the beneficiary listing information and documents that we need to prepare the petition or application. One of the items listed is a copy of the most recent I-94. We often encounter a situation where the beneficiary is shocked to find out that their I-94 has already expired after downloading it...
The Supreme Court just handed down a decision that will deflate the hope of filing for green card (while present in the U.S.) for about 400,000 individuals in the U.S. with Temporary Protected Status (TPS). The case concerns the plight of Jose Sanchez who with his wife and three children entered the US illegally in 1997. His fourth child was born in the U.S. and is a U.S. Citizen. In 2001, after...
On May 11, 2021, USCIS announced that Biometric Services Appointment may now be re-scheduled by calling the USCIS Contact Center (800-375-5283). Applicants must establish good cause for rescheduling and must call before the date and time of their original appointment to reschedule. It seems applicants may still reschedule by mailing back the biometrics notice with the box checked for...
Seasoned H-1B status holders are familiar with the regulations that allow them to extend their stay beyond the standard 6-year maximum period. We regularly see H-1B workers from India who have been in H-1B status for well over 10 years. Section 104(c) of AC21 provides that DHS "may grant" a three-year H-1B extension beyond the six-year maximum if the H-1B worker has an approved I-140 petition,...
USCIS updated the rules in 2018 regarding how long a sealed medical exam report(I-693) stays valid. The rules are quite simple and straightforward: When did civil surgeon sign?I-693 retains evidentiary value throughNo more than 60 days before applicant filed underlying benefit application with USCIS2 years from date civil surgeon signed I-693After applicant filed benefit application with USCIS2...
Update 6/11/2021 USCIS has clarified the circumstances under which it will consider expedited requests (ER). NBC is processing expedited request (ER) of EADs very quickly. Call USCIS customer service for ER and ask to speak to Tier 2 officer. Tier 2 will call back in a week or so. Provide financial loss docs. Most are approved without any docs. If doc is requested, some examples include a letter...
Update June 19, 2023 Here's a recent approval of an I-485 filed in July 2021. Took almost 2 years. Update January 25, 2023 According to February's visa bulletin, it seems like the F2A category will no longer remain "current." If you are a dependent whose I-485 did not get approved with the principal's I-485, you may consider F2A and have the principal file an I-130 on your behalf. It's difficult...
Below is a helpful flyer for LPRs returning from extended stays overseas. Please also see our related post: Potential Issues Faced by Returning LPRs after Extended Stays Overseas
