Update June 19, 2023 Here's a recent approval of an I-485 filed in July 2021. Took almost 2 years. Update January 25, 2023 According to February's visa bulletin, it seems like the F2A category will no longer remain "current." If you are a dependent whose I-485 did not get approved with the principal's I-485, you may consider F2A and have the principal file an I-130 on your behalf. It's difficult...
Below is a helpful flyer for LPRs returning from extended stays overseas. Please also see our related post: Potential Issues Faced by Returning LPRs after Extended Stays Overseas
Great news for those whose I-485s were rejected after many months of waiting caused by delays at USCIS and USPS postal. USCIS has been sending invitations to some applicants to re-file after their previously filed I-485s (filed between 10/01/2020 and 12/31/2020) were rejected due to incorrect responses to Item Numbers 9.a, 9.b, 9.c, or 10. Below is a sample invitation notice to refile. Note that...
Update Post: May 28, 2021 Issues continue to pile up as more and more LPRs with extended stays abroad try to enter the United States. It has been reported by some whose stay overseas lasted more than a year that they were denied boarding by the airline during check-in. Some airlines may refuse to board LPR even when the green card is still valid by following the regulation below: An immigrant...
In order to pursue adjustment of status and become a lawful permanent resident (LPR), an applicant must in addition to meeting other requirements have been properly "inspected and admitted or paroled" into the United Sates. Otherwise, the applicant cannot apply for Green Card inside the U.S. A TPS recipient have lawful status in the U.S. given the TPS designation but oftentimes they obtained TPS...
As we have been posting recently, USCIS is experiencing record delays in issuing receipt notices of various applications. We just finally received all receipt notices in connection with I-485 employment based applications in October 2020 (a 4 month wait!). It does not seems like the situation is improving as we are continuing to receive various receipt notices that are 2 to 3 months late. The...
The answer should be fairly straightforward. But USCIS has not always been consistent in adjudicating similar cases. They are supposed to follow the "last action" rule. Once GC is approved, then the beneficiary becomes a lawful permanent resident from that point onwards. The pending H-1B extension may be approved but only up to the day before GC approval. But the varying adjudication outcomes...
