Posts
Notes and updates on immigration law.
USCIS Expands Premium Processing for Certain I-140s
USCIS Expands Premium Processing to I-140 EB1 (EB1-C) and I-140 EB-2 (NIW)
Current Venezuelan TPS Holders May Now Extend Their TPS and EADs Until March 2024
DHS has announced the re-registration process for current Venezuela Temporary Protected Status (TPS) beneficiaries. The announcement came at the very last minute as the initial TPS was set to expire on September 9, 2021. USCIS did announce that there will be a renewal option months before but the formal instructions just came out a few…
New Public Charge Rule Announced
USCIS has announced new public charge rule to be published in the final register. The new rule tries to steer clear of being labeled a “wealth test”. Non-cash benefits like SNAP, Child Health Insurance, most Medicaid, housing benefits, are no longer part of public charge determination. The final rule will be effective on Dec. 23,…
Adjustment of Status follows the Dates of Filing Chart for October 2022
Please follow the dates of filing chart for filing I-485 in October 2022. For EB2/EB3 China or India, it’s about a month to 3 months difference compared to the final action chart.
Covid Policy of Accepting Copies of Signed Forms Will Become Permanent
As part of its efforts to provide flexibility and accommodations during the Covid pandemic, USCIS has been accepting all benefit forms and documents with reproduced original signatures since 03/20/2020. A document may be scanned, faxed, photocopied, or similarly reproduced provided that the copy must be of an original document containing an original handwritten signature, unless…
New Policy Guidance on 3/10 Year Unlawful Presence Bars – May Serve the 3/10 Year Bar Inside the U.S.
On June 24, 2022, USCIS issued new policy guidance regarding the effect of returning to the United States during the statutory 3-year or 10-year period after departure or removal. In general, a noncitizen is inadmissible under INA 212(a)(9)(B) if the noncitizen accrues more than 180 days of unlawful presence, departs or is removed (whichever applies),…
Some TPS Holders May Now Be Considered “Inspected and Admitted” and Be Eligible For Adjustment of Status
On July 1, 2022, USCIS issued an update to its policy manual which clarified that Temporary Protected Status beneficiaries may be deemed eligible for adjustment of status to the extent that they meet the inspected and admitted requirement following a return from authorized travel. TPS beneficiaries who travel abroad temporarily, with the prior consent of…
USCIS Updates Guidance for O-1 Petitions Focusing on STEM Fields
USCIS has updated policy guiance on how USCIS evaluates evidence to determine eligibility for O-1A nonimmigrants of extraordinary ability, with a focus on persons in science, technology, engineering, or mathematics (STEM) fields. Update: Being named on a competitive government grant for STEM research can be a positive factor towards demonstrating that a beneficiary is at…
Updated Post 07/07/2022
USCIS Temporarily Increases Automatic EAD extension up to 540 days USCIS posts alert about “Transfer the Underlying Basis” and creates inflated expectations over EB I-485 applications I-485 EB Processing Update
Updated Posts 07/1/2022
I-140 Processing Time