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...

Questions and Answers regarding USCIS customer service (Contact Center)

The following can be accessed from the CIS ombudsman's office. Topics include  reaching tech support, scheduling biometrics appointments, expedite requests, and more. Q1. What happens if a caller needs assistance in a language other than English or Spanish? A1. We continue to evaluate the need to provide services in additional languages.  Currently, if the caller needs assistance in a...

Countries that are designated for TPS (as of May 2021)

Temporary Protected Status (TPS) is a time-limited status given to eligible nationals of designated countries who are present in the United States when circumstances in their home country make it unsafe to return. The status is afforded to nationals from countries affected by armed conflict, natural disaster, or other extraordinary and temporary conditions, and allows eligible individuals to...

Special Employment Authorization for Burmese F-1 Students

DHS will suspend certain requirements governing employment for Burmese F-1 students. This will provide relief to citizens of Burma who are lawful F–1 nonimmigrant students so that they may request employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain F–1 nonimmigrant student status. F–1 nonimmigrant...

Breaking: Designation of Haiti for TPS

On May 22, 2021, DHS announced the designation of Haiti for Temporary Protected Status (TPS) for 18 months. In laying down the basis for TPS, Secretary Mayorkas stated the following: “Haiti is currently experiencing serious security concerns, social unrest, an increase in human rights abuses, crippling poverty, and lack of basic resources, which are exacerbated by the COVID-19...

Facial Masks no longer required at USCIS field offices

Updated Post May 27, 2021 USCIS issued a news release officially stating that "fully vaccinated individuals no longer have to wear a face covering. Individuals two years old and older who are not fully vaccinated must still wear a face covering." Original post May 20, 2021 On May 20, 2021, USCIS updated its webpage to reflect the new policy that face masks are no longer required for visitors who...

Approval of Previously Denied EB-5 due to “Indebtedness”

In response to the class action lawsuit (Zhang v. USCIS),  USCIS provided certain relief to EB-5 investor clients who were adversely affected by USCIS’s “loan proceeds” policy. Under this policy, the Immigrant Investor Program Office (“IPO”) classified loan proceeds as “indebtedness” instead of "cash" and therefore denied the I-526 petitions of EB-5 applicants who invested...

Check with the Officer about the Sealed Medical Exam during Interview

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...

ICE Will Continue to Allow Distance Learning in Excess of Regulatory Limits

F-1 students can breathe a sigh of relief. ICE will continue to allow students to engage in distance learning in excess of regulatory limits due to the ongoing covid pandemic. Please note that the guidance only applies to students who were actively enrolled at U.S. school on March 9, 2020, and are otherwise complying with the terms of their nonimmigrant status, whether from inside the U.S. or...

Finally – USCIS is Reverting Back to Pre-Trump Policy of Giving Deference to Prior Determinations

Great news for petitioners and beneficiaries of H-1B and other nonimmigrant work categories. USCIS just announced that it has revised its policy manual and reverted back to the previous practice of giving deference to prior determinations when adjudicating extension requests. This totally makes sense. Why challenge an extension when the underlying facts have not changed and in most cases have...