Children Born Outside of the U.S. / Born Through Assisted Reproductive Technology

On August 5, 2021, USCIS updated its guidance on children born outside of the U.S. and for children born through assisted reproductive technology (ART). USCIS will consider a child to be born in wedlock when their legal parents are married to one another at the time of birth and at least one of the legal parents has a genetic or gestational relationship to the child. USCIS considers the...

New I-485 Allows Applicants to Apply for SSN or Replacement Card

Update Post 09/28/2021 Original Post 08/10/2021 USCIS announced on August 9, 2021 that a new Form I-485 (edition date 03/29/2021) will allow applicants to apply for social security number (SSN) or a replacement SSN card. Previously, applicants had to apply for SSN at their local Social Security Office and may require multiple trips. The new form contains the following new section regarding SSN:...

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.

I-751 Processing updates

Update 09/23/2024 Fresh update: Filed on 11/23/2022 and approved on 09/13/2024. This case took approximately 21 months to process, and no RFE was issued. Trends and Observations: Processing Times Holding Steady: We are still seeing consistent processing times around 20 to 21 months for recent I-751 petition approvals. This marks a continued decrease from the peak of 30 to 31 months noted in...

Visa Bulletin Update

April 2022 USCIS determined that for April 2022, all family-sponsored preference categories must use the Dates for Filing chart. All employment-based preference categories must use the Dates of Filing chart. There's also significant advancement for EB2 India, from Sept 1, 2013 to Sept 1, 2014. Many may have already filed in 2020 / 2021 when they downgraded from EB2 to EB3. USCIS is encouraging...

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 August 17, 2021 USCIS issued another reminder that the deadline to submit green card applications for Liberian Refugee Immigration Fairness (LRIF) from eligible Liberians and their immediate family members is December 20, 2021. Q.  What are the requirements for a family member to adjust status based on LRIF? A.  To adjust based on LRIF, each family member must: Properly file his...

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...