I-751 Processing updates

Regarding ACS biometrics notices, we recently received one for a I-751 that was filed in July 2020. I-751 processing continues to experience extended delays although there have been some improvements. We just received approval for a case filed on 10/30/2019. The interview was waived. The total processing time is about 20 months. Compared to two months ago, we received approval of a case filed in...

Policy updates: Expedited processing clarifications; No denial without RFE; Some EADs will be issued for two years

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...

USCIS Will Offer Relief to Those Impacted by Delays at USCIS Lockbox

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...

Liberian Refugee Immigration Fairness Program

Update June 17, 2021 USCIS today announced that it is updating guidance in the USCIS Policy Manual regarding eligibility for adjustment of status under Liberian Refugee Immigration Fairness (LRIF). The updated guidance clarifies what evidence an applicant may submit to establish Liberian nationality when applying for adjustment of status under LRIF. The updated guidance includes examples of...

Check your I-94 as soon as you arrive: CBP may not have given you the maximum duration of stay

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 Rules TPS Is Not an Admission for Purposes of Adjustment of Status

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...

USCIS Wrongly Issues 10 YR Green Card Instead of 2 YR Conditional Green Card

In the recent 2 months, we have noticed repeat errors on marriage-based green cards where the applicant received a full 10-yr green card instead of the 2-year conditional green card. Final interviews took place at different field offices. So the errors are not limited to one locale. Even when USCIS makes mistakes in your favor, you can't assume that you are in the clear, and in this case, decide...

Biometric Appt may now be Rescheduled by Phone

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...