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 to any pending green card application filed under LRIF. You may receive a...

COVID Vaccination is Now Required for USCIS Medical Exams

Update Post 09/16/2021 USCIS releases policy guidance highlighting the following: "..beginning October 1, 2021, applicants who are required to undergo the immigration medical examination must complete the COVID-19 vaccine series before the civil surgeon can complete the immigration medical examination and sign Form I-693." Original Post 08/31/2021 On August 25, 2021, the CDC announced that...

New I-485 Allows Applicants to Apply for SSN or Replacement Card

USCIS announced on August 9, 2021 that a new Form I-485 (edition date 03/29/2021) will allow applicants to apply for social security number (SSN) or a replacement SSN card. Previously, applicants had to apply for SSN at their local Social Security Office and may require multiple trips. The new form contains the following new section regarding SSN: This new Form improves efficiency and helps...

Still Haven’t Received Biometric Appointment Notice? Not much you can do

Update 08/11/2021 Two more examples of extremely long wait times for biometrics appointment notice. An I-485 FB was filed on 09/03/2020. Biometrics Appt notice was issued 9 months later.An I-751 was filed on 12/17/2020. Biomtrics Appoint notice arrived 8 months later. Update 08/04/2021 Another example of a late biometrics appointment. I-90 was filed in September 2020. Biometrics arrived in July...

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...

Perpetual H-1B? Almost

Seasoned H-1B status holders are familiar with the regulations that allow them to extend their stay beyond the standard 6-year maximum period. We regularly see H-1B workers from India who have been in H-1B status for well over 10 years. Section 104(c) of AC21 provides that DHS "may grant" a three-year H-1B extension beyond the six-year maximum if the H-1B worker has an approved I-140 petition,...

Check with the Officer about the Sealed Medical Exam during Interview

USCIS updated the rules in 2018 regarding how long a sealed medical exam report(I-693) stays valid. The rules are quite simple and straightforward: When did civil surgeon sign?I-693 retains evidentiary value throughNo more than 60 days before applicant filed underlying benefit application with USCIS2 years from date civil surgeon signed I-693After applicant filed benefit application with USCIS2...

Expediting a Pending I-765 EAD

Update 6/11/2021 USCIS has clarified the circumstances under which it will consider expedited requests (ER). NBC is processing expedited request (ER) of EADs very quickly. Call USCIS customer service for ER and ask to speak to Tier 2 officer. Tier 2 will call back in a week or so. Provide financial loss docs. Most are approved without any docs. If doc is requested, some examples include a letter...

I-485 EB Processing Update

Update September 3, 2021 We received EAD / AP approval on 08/26/2021 for an employment-based I-485 filed on October 23, 2020. The applicant completed biometrics on 08/16/2021. This I-485 was filed concurrently with I-140 EB3 and as such filed at the Texas Service Center. Among I-485s filed in October, cases filed at the Texas Service Center are processed slower than National Benefits Center. PD:...

Another Chance to File I-485 after Rejection

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...