Posts
Notes and updates on immigration law.
Consular Officers May Waive Interviews for Some International Students Through End of 2021
On September 14, 2021, DOS expanded categories of visa applications that can be adjudicated without an in-person interview. DOS has authorized consular officers through the end of 2021 to expand the categories of F, M, and “academic J visa applicants” (students, professors, research scholars, short-term scholars, or specialists ) whose applications can be adjudicated without…
September 15 to October 15 is National Hispanic American Heritage Month
Wage-Based Selection Process for H-1B Has Been Vacated
Update 12/21/2021 Official statement from USCIS regarding its decision to withdraw the H-1B selection final rule which would have changed the way H-1B registrations are selected by prioritizing those with high wages. Update 12/10/2021 The Biden Administration will no longer defend this Trump-era rule that prioritizes H-1B lottery selection to those with high salaries. See…
My I-751 Was Denied; I Was Then Put in Proceedings; My Petitioner Spouse Also Passed Away; Now What?
We helped a client whose I-751 journey began in August 2015 finally obtain her permanent green card in August 2021. Her case involved multiple setbacks due to circumstances beyond her control. We are sharing some of the issues here so others in similar situations may find them helpful. I-751 Denial A client filed I-751 jointly…
I-601A RFEs
Since 2013, certain aliens who are only inadmissible based on the 3-year or 10-year unlawful presence bar may seek a provisional unlawful presence waiver while present in the United States by filing Form I-601A, Application for Provisional Unlawful Presence Waiver. An approved provisional unlawful presence waiver is not effective unless and until the alien departs…
I-601A Processing Update
Update Post 01/18/2024 Finally, we are seeing approvals of I-601A petitions. Here’s one that took 41 months!! This was filed back in July 2020. Update Post 09/13/2021 We received a new I-601A approval. Total processing time is about 19 months. No RFE. Filed: 12/09/2019 Approved: 09/02/2021 Original Post 09/08/2021 The current processing time of I-601A…
USCIS Extends Status of Conditional Permanent Residents to 24 Months with Pending I-751 or I-829
Update Post 01/23/2023 USCIS has updated the language on Form I-751 and Form I-829 receipt notices to extend the validity of a Green Card for 48 months for individuals with a newly filed Form I-751 or Form I-829. Update Post 09/22/2021 If you have the 18-month receipt notice that has expired but have yet to…
Sample RFE Template Targeting Green Card Applications for Liberian Refugee Immigration Fairness (LRIF)
Below is a sample Request for Additional Evidence (RFE) which is a form of challenge issued by USCIS. The RFE focuses on a pending green card application filed under the Liberian Refugee Immigration Fairness program (LRIF). This form of RFE may be considered a template RFE because it can be easily adapted and sent out…
Update on How Embassies/Consulates are Prioritizing Immigrant Visa Applications
Update post 09/21/2021 DOS provides an update stating that consular sections, where possible, are scheduling some appointments within all four priority tiers every month. Also, the guidance states that, “Recognizing the emergence of the COVID Delta variant and the continued demand for healthcare professionals during the pandemic, U.S. embassies and consulates were instructed that they…
There Will Not Be ICE Enforcement at Locations where Disaster Relief related to Hurricane Ida is Being Provided
On August 28, 2021, DHS provided assurances that they will not conduct enforcement activities at locations where disaster and emergency relief related to Hurricane Ida are being provided. “Absent exceptional circumstances, Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) will not conduct immigration enforcement at locations where disaster and emergency relief related…