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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...

National Interest Exceptions Available for Visitors from China, Iran, India, Brazil, South Africa, Schengen Area, United Kingdom, and Ireland

Update 08/18/2021 DOS updated its FAQ regarding the extension of validity to 12 months from the date of approval and for multiple entries for National Interest Exceptions (NIEs) for travelers from China, Iran, Brazil, South Africa, the Schengen Area, the United Kington, Ireland, and India. Update Post 07/07/2021 The DOS on 06/29/2021 extended the validity of National Interest Exceptions (NIEs)...

Follow the Selection Notice: a U.S. Master’s Degree Holder May Nevertheless be selected under the Regular H-1B Cap

H-1B employers sometimes would ask why they are filing the H-1B under the regular cap when the beneficiary who won the H-1B loettery holds a U.S. master's degree. The simple answer: the selection notice says so. Note that during H-1B registration, the registration is simply requesting consideration for Master's Cap registration when a beneficiary holds a qualified U.S. master's degree. Whether...

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...

USCIS Wrongly Issues 10 YR Green Card Instead of 2 YR Conditional Green Card

Update August 25, 2021 USCIS continues to issue incorrect green cards to marriage-based applicants. A client just received a wrong card showing 10 years validity after completing the interview at the Baltimore Field Office. Not sure why the problem is not addressed by now at various field offices. Maybe officers are too used to approving employment-based green cards as they are dealing with a...