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How a Bill Becomes a Law

Many noncitizens who are waiting for “Biden’s Immigration Plan” to become law are getting restless and losing hope. The reality is it’s not easy for a bill to become a law. In fact, Congress hasn’t passed major immigration legislation in decades.

Petitioners with pending U visa petitions are now eligible to receive EADs

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...

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...

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...

Qualified Veterans Living Overseas May File for Naturalization

On May 28, 2021, USCIS issued additional clarifications in its policy alert that certain veterans who served and were honorably discharged from the military but are not lawful permanent residents (LPRs) may file an Application for Naturalization (Form N-400) to naturalize under INA 329 even if they are currently residing outside the United States. The policy guidance also clarifies that...