Robert M. Bell, P.A. Legal Blog
3 Ways You Could Jeopardize Your Green Card
A green card is a lifeline to many people across the country and here in Florida, they are a hard to come by and an increasingly precious resource. They are also revocable, under certain conditions, including: If a court finds you guilty of a crime A key aspect of any...
How will mass deportations impact undocumented immigrants?
Many immigrant families and communities are being ripped apart as new policies seek to raid neighborhoods, schools and workplaces looking for undocumented immigrants. The goal of this movement is to take action against an estimated 11 million undocumented immigrants who have illegally entered the United States. These enforcement actions can...
How to best prepare for your naturalization interview
The journey towards citizenship can be long and complicated for many immigrants. The naturalization interview is a turning point for most immigrants because it signifies getting closer to finally becoming a U.S. citizen. As such, immigrants anticipating this step in the citizenship journey should take it seriously. During the naturalization...
What if they deny my fiancé’s K-1?
The K-1 visa, also known as the fiancé visa, is a popular type of non-immigrant visa for engaged couples planning to marry within 90 days of entering the United States. To qualify for a K-1 visa, the U.S. citizen petitioner must be a citizen, intend to marry within 90 days...
DHS Publishes Federal Register Notice Announcing the Extensions of Re-Registration Periods for Temporary Protected Status for El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan
Release Date 12/13/2023 WASHINGTON – Consistent with its September announcement, the Department of Homeland Security today published a Federal Register notice reiterating the extensions of the periods to re-register for Temporary Protected Status (TPS) under the existing designations of El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan. As previously announced,...
USCIS Increases Employment Authorization Document Validity Period for Certain Categories
Release Date 09/27/2023 We are updating guidance in the Policy Manual to increase the maximum validity period to 5 years for initial and renewal Employment Authorization Documents (EADs) for certain noncitizens who are employment authorized incident to status or circumstance, including those admitted as refugees, paroled as refugees, and granted...
Important Update on Deferred Action for Childhood Arrivals
Release Date 09/18/2023 On Sept. 13, 2023, the U.S. District Court for the Southern District of Texas issued a decision finding the Deferred Action for Childhood Arrivals (DACA) Final Rule unlawful and expanding the original July 16, 2021 injunction and order of vacatur to cover the Final Rule. However, the...
DHS Extends TPS Re-registration Periods for El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan to 18 Months
Release Date 09/08/2023 The Department of Homeland Security (DHS) is extending from 60 days to 18 months the periods to re-register for Temporary Protected Status (TPS) under the designations of El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan. The 18-month re-registration period under the designation of: • El Salvador now...
DHS Announces Family Reunification Parole Process for Ecuador
Release Date: 10/18/2023 Biden-Harris Administration continues strategy to provide lawful pathways and reduce dangerous irregular migration WASHINGTON – The Department of Homeland Security (DHS) today announced a new family reunification parole process for certain nationals of Ecuador, advancing the Biden-Harris Administration’s effective strategy to combine expanded lawful pathways and strengthened...
USCIS Redesigns Green Card and Employment Authorization Document
Release Date 01/30/2023 New Features Provide State-of-the-Art Security WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today new designs to improve security of Permanent Resident Cards (also known as Green Cards) and Employment Authorization Documents (EADs). USCIS will begin issuing the redesigned cards on Jan. 30, 2023. The new Green Card...
DHS Announces Registration Process for Temporary Protected Status for Haiti
WASHINGTON — The Department of Homeland Security (DHS) today posted a Federal Register notice on Temporary Protected Status (TPS) for Haiti. The notice provides information about how to register or re-register for TPS under Haiti’s extension and redesignation for an additional 18 months, from February 4, 2023, through August 3,...
Secretary Mayorkas Extends and Redesignates Temporary Protected Status for Haiti for 18 Months
Release Date: December 5, 2022 Redesignation Allows Newly Eligible Haitian Nationals to Apply for TPS and Employment Authorization Documentation WASHINGTON – Secretary of Homeland Security Alejandro N. Mayorkas today announced the extension of Temporary Protected Status (TPS) for Haiti for an additional 18 months, from February 4, 2023, through August...
DHS Continues Temporary Protected Status and Related Documentation for Certain Beneficiaries of TPS
Release Date 11/14/2022 On Nov. 10, 2022, the Department of Homeland Security (DHS) posted a Federal Register Notice announcing the continuation of Temporary Protected Status (TPS) and certain related documents for beneficiaries under the TPS designations that remain subject to the court orders in the Ramos et al. v. Nielsen...
Need to Apply for a Marriage-Based Green Card for Your Spouse? We Can Help.
When a U.S. citizen or U.S. permanent resident marries a non-U.S. citizen, the new spouse is eligible to apply for a green card. This process is not automatic. In fact, to obtain a marriage-based green card for your spouse, you will need to file specific documents and comply with numerous...
DHS Announces Re-Registration Process for Current Venezuela Temporary Protected Status Beneficiaries
Release Date 09/07/2022 Extension Allows Beneficiaries to Retain TPS and EADs Until March 2024 WASHINGTON — The Department of Homeland Security (DHS) posted for public inspection a Federal Register notice describing how beneficiaries under Venezuela’s existing TPS designation can re-register to retain TPS and renew their Employment Authorization Documents (EADs)....
What Happens If You Get a Divorce Before Your Green Card Has Been Issued?
Divorce is always a challenging personal event, but it can pose an extreme problem for immigrants waiting for green cards. If you applied for a marriage-based green card or your eligibility for a green card is based on marriage to an employee sponsored for a green card by their employer,...
What Happens If a Child Ages Out Before Receiving a Green Card?
Green card applications can take a long time to process, even for immediate relatives such as children. If you’re a U.S. lawful permanent resident (LPR), you should know your child may no longer qualify as your immediate relative under certain conditions. If you’re filing Form I-130, keep reading to learn...
¿Qué sucede si Usted se divorcia antes de que se haya emitido su tarjeta verde?
El divorcio siempre es un acontecimiento personal desafiante, pero puede representar un problema muy serio para los inmigrantes que esperan tarjetas de residencia. Si usted solicitó una tarjeta verde basada en el matrimonio o su elegibilidad para una tarjeta verde se basa en el matrimonio con un empleado patrocinado por...
¿Qué sucede si un hijo supera la edad antes de recibir una tarjeta verde?
Las solicitudes de tarjeta verde pueden tardar mucho tiempo en procesarse, incluso para hijos menores. Si usted es un residente permanente legal (RPL) de los EE. UU., debe saber que su hijo al cumplir 21 años puede perder la oportunidad de recibir el estatus de residente permanente. Sin embargo, es...
What Crimes Should I Report On My U.S. Citizenship Application?
One of the main questions we receive from those with citizenship applications has to do with the crimes that should be reported on their naturalization application. If you are in the process of applying for U.S. citizenship and have a criminal record in your home country or in the U.S.,...
¿Cuales Delitos Debo Reportar En Mi Solicitud de Ciudadanía de EE.UU.?
Una de las principales preguntas que recibimos de aquellas personas con solicitudes de ciudadanía es relativa a los delitos que se deben reportar en la solicitud. Si usted está en proceso de aplicar para su ciudadanía estadounidense y posee antecedentes penales en su país de origen o en EE.UU., recomendamos...
How to Obtain Lawful Permanent Resident Status in the United States Through Marriage to A U.S. Citizen
While marrying a U.S. citizen makes you eligible for an immigrant visa and enables you to obtain a green card, the process is not automatic. The steps you take before, during, and immediately after your marriage can have either a positive or negative effect on your immigration status. An experienced...
Cómo Obtener la Condición de Residente Permanente Legal en los Estados Unidos Por Medio del Matrimonio con un Ciudadano Estadounidense
Si bien casarse con un ciudadano estadounidense le hace elegible para una visa de inmigrante y le permite obtener una tarjeta verde, el proceso no es automático. Los pasos que tome antes, durante e inmediatamente después de su matrimonio pueden tener un efecto positivo o negativo en su condición migratoria....
DHS Continues Temporary Protected Status Designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan
Release Date 09/09/2021 WASHINGTON—The Department of Homeland Security has announced the automatic extension of TPS designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan. TPS beneficiaries from these six countries will retain their status, provided they continue to meet all the individual requirements for TPS eligibility. The automatic extension...
¿Puedo visitar a mi cónyuge en los Estados Unidos mientras espero mi green card?
Si su cónyuge está viviendo en los Estados Unidos mientras usted está esperando su green card en el extranjero, es natural que desee visitarle. ¿Es posible hacerlo? ¿Perjudicará sus expectativas de recibir su green card rápidamente? Al igual que muchos temas relacionados con la ley de inmigración de los Estados...
How is a Fiancé Visa Different from a Marriage Green Card?
If you are engaged and either you or your partner is a U.S. citizen, you have two main choices for immigration. The non-citizen partner could apply for a K-1 fiancé visa, or the citizen could sponsor the other partner for a marriage-based green card. The right option for you will...
¿Cuál es la diferencia entre la visa para prometidos y una green card por matrimonio?
Si usted está comprometido(a) y usted, o su pareja, es ciudadano(a) estadounidense, tienen dos opciones principales para el proceso de inmigración. La pareja no ciudadana podría solicitar una visa K-1 de prometido(a), o el ciudadano podría patrocinar a la otra pareja para obtener una green card por matrimonio. La opción...
Can I Visit My Spouse in the United States While Waiting for My Green Card?
If your spouse is living in the U.S. while you’re waiting overseas for your green card, it is only natural to want to visit. Is it possible? Will it hurt your prospects of receiving your green card quickly? Like so many issues connected with U.S. immigration law, the answers depend...
COVID-19 Vaccination Required for Immigration Medical Examinations
Release Date 09/14/2021 U.S. Citizenship and Immigration Services today announced that, effective Oct. 1, 2021, applicants subject to the immigration medical examination must be fully vaccinated against COVID-19 before the civil surgeon can complete an immigration medical examination and sign Form I-693, Report of Medical Examination and Vaccination Record. We...
Your Green Card Explained
When you become a lawful permanent resident of the United States, you’ll receive a green card. Officially known as a Permanent Resident Card, a green card is given to a non-U.S. citizen to serve as a source of identification demonstrating status as a lawful permanent resident with the ability to...
Extended Absences Due to COVID-19 and Naturalization Eligibility
Typically, becoming a U.S. citizen requires the applicant to live in the United States continuously for five years (three years for those married to a U.S. citizen). An absence from the United States of more than one year will break your continuous residence. An absence between six months and one...
Explicación de su Green Card
Usted recibirá una Green Card cuando se convierta en un residente permanente legal de los Estados Unidos. Oficialmente conocida como una Tarjeta de Residente Permanente, la Green Card se le proporciona a un ciudadano no estadounidense para que pueda servirle como una identificación que demuestre su estatus como residente permanente...
Ausencias extendidas debido a la COVID-19 y elegibilidad para naturalización
Por lo general, convertirse en ciudadano de los Estados Unidos requiere que el solicitante viva en los Estados Unidos de manera continua durante cinco años (tres años para aquellos casados con un ciudadano de los Estados Unidos). Una ausencia de los Estados Unidos por más de un año interrumpirá su...
Can I Apply for Citizenship if I Owe Back Taxes?
When you apply for naturalization, U.S. Citizenship and Immigration Services (USCIS) will ask if you have any overdue taxes. What happens if you owe back taxes? Paying Taxes Is Part of Your Good Moral Character Requirement To gain U.S. citizenship, you must demonstrate good moral character. USCIS will use tax...
Can a Person Who Owes Child Support Apply for Naturalization?
People who want to become U.S. citizens through naturalization have to meet many requirements, and the application process can be complicated. The challenges increase considerably for someone who owes child support, because failure to support can be a conditional bar to citizenship. However, if you take the right steps to...
An Overview of the Naturalization Process
Naturalization is the process of becoming a U.S. citizen. Generally, you have to be a green card holder for three to five years in order to be eligible for naturalization. Once you meet the eligibility requirements, here’s what you can expect from the naturalization process. Step 1: Application for Naturalization...
DHS Announces Registration Process for Temporary Protected Status for Haiti
Designation Allows Eligible Haitians Who Resided in the U.S. as of July 29 to Apply for TPS and Employment Authorization Documents WASHINGTON—The Department of Homeland Security today posted for public inspection a Federal Register notice that provides information about how to register for Temporary Protected Status (TPS) for Haiti. Secretary...
¿Puede una persona que debe manutención de los hijos solicitar la naturalización?
Las personas que quieren convertirse en ciudadanos estadounidenses a través de la naturalización tienen que cumplir con muchos requisitos, además de que el proceso de solicitud puede ser complicado. Los desafíos aumentan considerablemente para alguien que debe manutención de los hijos, porque la falta de manutención puede ser un obstáculo...
¿Puedo solicitar la ciudadanía si debo impuestos atrasados?
Cuando solicite la naturalización, el Servicio de Ciudadanía e Inmigración de los Estados Unidos (USCIS) le preguntará si tiene impuestos vencidos. ¿Qué pasa si usted debe impuestos atrasados? El pagar impuestos es parte de su requisito de buen carácter moral. Para obtener la ciudadanía estadounidense, debe demostrar un buen carácter...
Resumen del proceso de naturalización
La naturalización es el proceso para convertirse en ciudadano estadounidense. En general, usted debe ser titular de una green card de tres a cinco años para poder ser elegible para la naturalización. Una vez que cumpla con los requisitos de elegibilidad, esto es lo que puede esperar del proceso de...
¿Cuánto tiempo se tarda en obtener la ciudadanía estadounidense después de solicitarla?
Si usted tiene su green card, es posible que desee saber cuánto tiempo le tomaría para convertirse en un ciudadano estadounidense. El proceso se conoce como “naturalización”, e implica varios pasos, con el potencial de retrasos en cada etapa. El Servicio de Ciudadanía e Inmigración de Estados Unidos (USCIS) se...
How Long Does It Take to Get U.S. Citizenship after Applying?
If you have your green card, you may want to know how long it would take to become a citizen of the U.S. The process is referred to as “naturalization,” and it involves several steps, with the potential for delays at each stage. U.S. Citizenship and Immigration Services (USCIS) handles...
¿Cuándo puedo solicitar la ciudadanía después de obtener una green card a través del matrimonio?
Ahora que está casado(a) y tiene una green card por matrimonio, es posible que se pregunte cuándo puede solicitar la ciudadanía estadounidense. Si su cónyuge es ciudadano(a) de los Estados Unidos, puede solicitar la ciudadanía no mucho tiempo después de obtener su green card. El tiempo de espera será más...
When Can I Apply for Citizenship after Getting a Green Card through Marriage?
Now that you are married and have a marriage-based green card, you may be wondering when you can apply for U.S. citizenship. If your spouse is a U.S. citizen, you can apply for citizenship not too long after you get your green card. The wait time will be longer if...
¿Qué es un Formulario I-130?
El nombre oficial de un formulario I-130 es “Petición de Familiar Extranjero”. Este formulario se usa para establecer una relación familiar entre un(a) ciudadano(a) de los Estados Unidos, o residente permanente legal, y alguien que busca convertirse en un residente permanente legal. Las personas comúnmente le llaman a este formulario...
What is a Form I-130?
The official name for an I-130 form is “Petition for Alien Relative.” This form is used to establish a family relationship between a United States citizen or lawful permanent resident and someone seeking to become a lawful permanent resident. People commonly call this form the “I-130 petition,” and filing this...
Cómo obtener una tarjeta verde (Green Card) por matrimonio
Cuando se casa con un(a) ciudadano(a) extranjero(a), es probable que una de las principales preguntas que se le vengan a la mente sea cómo van a vivir juntos a los Estados Unidos. Una tarjeta verde (Green Card) basada en el matrimonio le permite a usted y a su cónyuge vivir...
How to Get a Green Card through Marriage
When you get married to a foreign citizen, one of the top questions on your mind is likely to be how you will live together in the United States. A marriage-based green card allows you and your spouse to live together in the United States legally and permanently. Obtaining a...
Public Charge Guidance from USCIS
On or after March 9, 2021, applicants and petitioners should not provide information required solely by the Public Charge Final Rule. That means that applicants for adjustment of status should not provide the Form I-944, Declaration of Self-Sufficiency, or any evidence or documentation required on that form with their Form...
DHS Secretary Statement on the 2019 Public Charge Rule
Today, DHS Secretary Alejandro N. Mayorkas announced that the government will no longer defend the 2019 public charge rule as doing so is neither in the public interest nor an efficient use of limited government resources. “The 2019 public charge rule was not in keeping with our nation’s values. It...
USCIS to Continue Processing Applications for Employment Authorization Extension Requests Despite Application Support Center Closures
U.S. Citizenship and Immigration Services today announced that it will reuse previously submitted biometrics in order to process valid Form I-765, Application for Employment Authorization, extension requests due to the temporary closure of Application Support Centers (ASC) to the public in response to the coronavirus (COVID-19) pandemic. This announcement is...
USCIS Issues Guidance on Discretionary Employment Authorization for Parolees
Release Date: Aug. 19, 2019 WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today issued policy guidance (PDF, 305 KB) in the USCIS Policy Manual to address its discretion to grant employment authorization to foreign nationals who are paroled into the United States, including those who are otherwise inadmissible. Certain foreign nationals...
USCIS Aims to Decrease Processing Times for N-400 and I-485
USCIS will implement a national strategy to decrease differences in processing times based on location for Form N-400, Application for Naturalization, and Form I-485, Application to Register Permanent Residence or Adjust Status. Since the end of 2015, we have experienced an increase in processing times due to higher than expected...
USCIS Aims to Decrease Processing Times for N-400 and I-485
USCIS will implement a national strategy to decrease differences in processing times based on location for Form N-400, Application for Naturalization, and Form I-485, Application to Register Permanent Residence or Adjust Status. Since the end of 2015, we have experienced an increase in processing times due to higher than expected...
Five Individuals Involved in Marriage Fraud Scheme Plead Guilty
Release Date: May 16, 2019 NEW HAVEN, Conn. — John H. Durham, United States Attorney for the District of Connecticut, today announced that five individuals have pleaded guilty in Hartford federal court to charges related to their participation in fraudulent marriages so that non-U.S. citizens would receive U.S. immigration benefits....
USCIS Issues Policy Guidance Clarifying How Federal Controlled Substances Law Applies to Naturalization Determinations
USCIS is issuing policy guidance in the USCIS Policy Manual to clarify that violations of federal controlled substance law, including violations involving marijuana, are generally a bar to establishing good moral character for naturalization, even where that conduct would not be an offense under state law. The policy guidance also...
USCIS Strengthens Guidance for Spousal Petitions Involving Minors
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced additional guidance (PDF, 222 KB) regarding the adjudication of spousal petitions involving minors, following up on the agency’s February update to its policy. The guidance, published as an update to the USCIS Adjudicator’s Field Manual (AFM), instructs officers to conduct an additional...
U.S. Embassy in Bogota Begins Processing Venezuelan Immigrant Visas
Cite as “AILA Doc 19022834” (Posted 02/28/19) The U.S. Embassy in Caracas, Venezuela has suspended routine visa services due to the ordered departure of nonemergency personnel. Nonimmigrant visa applications may be submitted at an Embassy or Consulate outside of Venezuela. The U.S. Embassy in Bogota, Colombia has been designated as...
USCIS Strengthens Guidance on Spousal Petitions Involving Minors
Guidance Clarifies Agency Requirements for Petition WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) announced today that it is publishing guidance for its officers to consider when adjudicating spousal petitions involving minors. The guidance, published as an update (PDF, 210 KB) to the USCIS Adjudicator’s Field Manual (AFM), clarifies age...
USCIS Announces Online Case Status Feature for Asylum Applicants
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that applicants who have a pending affirmative asylum application with USCIS can now check the status of their applications online at uscis.gov/casestatus. Only asylum applicants with an application pending with USCIS will be able to use this new feature to check their...
Lapse in Federal Funding Does Not Impact Most USCIS Operations
The current lapse in annual appropriated funding for the U.S. government does not affect USCIS’s fee-funded activities. Our offices will remain open, and all individuals should attend interviews and appointments as scheduled. USCIS will continue to accept petitions and applications for benefit requests, except as noted below. Some USCIS programs,...
USCIS Continuing Form I-751 Data Entry
USCIS has completed receipting and data entry for all filings of Form I-751, Petition to Remove Conditions on Residence, received between May 1 and Sept. 9, 2018. Petitioners should receive receipt notices by Oct. 22, 2018. On June 13, 2018, USCIS announced that the California Service Center (CSC) was experiencing...
USCIS Issues Policy Alert on Marriage and Living in Marital Union Requirements for Naturalization
Cite as “AILA Doc. No. 18101230” (Posted 10/12/18) USCIS is updating policy guidance in the USCIS Policy Manual to clarify the married and living in marital union requirements for naturalization under INA §319(a). Updated guidance is effective immediately and comments are due by 10/25/18. Purpose U.S. Citizenship and Immigration Services...
Form I-751 Data Entry Delay at California Service Center
Cite as “AILA Doc. No. 18061333.” (Posted 6/13/18) USCIS’ California Service Center (CSC) is experiencing a delay in initial data entry for Form I-751, Petition to Remove Conditions on Residence. Since initial data entry has to be completed before a receipt notice can be issued, some petitioners and their dependents...
USCIS to Recall 800 Incorrectly Printed Employment Authorization Documents
On June 21, 2018, USCIS will begin recalling approximately 800 Employment Authorization Documents (EADs) that were issued in conjunction with Form I-589, Application for Asylum and for Withholding of Removal, which were granted by USCIS asylum officers. The cards contain a production error that transposed the first and last names...
Update to Form I-797 Receipt Notices for Form I-751 and Form I-829
As of June 11, 2018, petitioners who file Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, will receive a Form I-797 receipt notice that can be presented with their Form I-551, Permanent Resident Card, as evidence of...
Form I-751 Data Entry Delay at California Service Center
USCIS’ California Service Center (CSC) is experiencing a delay in initial data entry for Form I-751, Petition to Remove Conditions on Residence. Since initial data entry has to be completed before a receipt notice can be issued, some petitioners and their dependents may experience a delay in receiving a receipt...
USCIS to Recall Incorrectly Dated Green Cards
On May 14, 2018, USCIS will begin recalling approximately 8,543 Permanent Resident Cards (also known as Green Cards) due to a production error. The Green Cards were for approved Form I-751, Petition to Remove Conditions of Residence for spouses of U.S. citizens. The cards were printed with an incorrect “Resident...
Re-Registration Period Now Open for Haitians with Temporary Protected Status
Release Date: Jan. 18, 2018 Employment Authorization for Haitians with TPS Automatically Extended Until July 21, 2018 WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that current beneficiaries of Temporary Protected Status (TPS) under Haiti’s designation who want to maintain that status through the program’s termination date of July 22,...
Re-Registration Period Now Open for Nicaraguans with Temporary Protected Status
Release Date: Dec. 15, 2017 TPS Nicaragua Ending in January 2019 WASHINGTON— Current beneficiaries of Temporary Protected Status (TPS) under Nicaragua’s designation who want to maintain that status through the program’s termination date of Jan. 5, 2019, must re-register between Dec. 15, 2017 and Feb. 13, 2018. Re-registration procedures, including...
Re-Registration Period Now Open for Hondurans with Temporary Protected Status
Release Date: Dec. 15, 2017 WASHINGTON— Current beneficiaries of Temporary Protected Status (TPS) under Honduras’ designation who want to maintain that status through the current expiration date of July 5, 2018, must re-register between Dec. 15, 2017 and Feb. 13, 2018. Re-registration procedures, including how to renew employment authorization documentation,...
TPS Re-registration Deadline for Haiti is July 24
The deadline for eligible nationals of Haiti (and people without nationality who last habitually resided in Haiti) to re-register for Temporary Protected Status (TPS) is Monday, July 24, 2017. The limited 6-month extension of the TPS designation for Haiti runs from July 23, 2017, through Jan. 22, 2018. During this...
Temporary Protected Status for Haiti Extended for Six Months
DHS Secretary will Re-Evaluate Designation Later This Year Release Date: May 24, 2017 WASHINGTON— Secretary of Homeland Security John F. Kelly has extended Temporary Protected Status (TPS) for eligible nationals of Haiti (and eligible individuals without nationality who last habitually resided in Haiti) through Jan. 22, 2018. After consulting with...
USCIS Will Issue Redesigned Green Cards and Employment Authorization Documents
Release Date: April 19, 2017 WASHINGTON – U.S. Citizenship and Immigration Services today announced a redesign to the Permanent Resident Card (also known as a Green Card) and the Employment Authorization Document (EAD) as part of the Next Generation Secure Identification Document Project. USCIS will begin issuing the new cards...
USCIS Efforts in Investigating Large-Scale Immigration Fraud Leads to Sentencing
Release Date: May 8, 2017 TAMPA, Fla. — U.S. Citizenship and Immigration Services (USCIS) assisted in an investigation that led to U.S. District Judge Charlene E. Honeywell sentencing Rosa Cingari to 12 years and 7 months in federal prison and Domenico Cingari to 8 years and 1 month in federal...
FACT SHEET: CHANGES TO PAROLE AND EXPEDITED REMOVAL POLICIES AFFECTING CUBAN NATIONALS
U.S. Department of Homeland Security January 12, 2017 Contact: DHS Press Office, 202-282-8010 WASHINGTON- Today, Secretary of Homeland Security Jeh Johnson announced several changes to Department of Homeland Security (DHS) policies and regulations affecting Cuban nationals. These changes reflect the reestablishment of full diplomatic relations with Cuba and other concrete...
USCIS Fee Changes Take Effect Dec. 23
USCIS reminds applicants and petitioners to pay our new fees with forms postmarked or filed on or after Dec. 23, 2016, or we will not be able to accept the filings. We will only accept previous fees if they are postmarked Dec. 22 or earlier. Beginning on Dec. 23, you...
USCIS Now Uses Specific Dates to Show Case Processing Times
From: U.S. Citizenship and Immigration Services Sent: Thursday, January 05, 2017 1:32 PM To: Subject: USCIS Now Uses Specific Dates to Show Case Processing Times Dear Stakeholder, Starting on Jan. 4, 2017, we will post processing times using a specific date format rather than weeks or months. This is the...
USCIS to Centralize Processing of Special Immigrant Juvenile Cases
Starting on November 1, 2016, USCIS will centralize the Special Immigrant Juvenile (SIJ) program. This means SIJ-based Form I-360 petitions and Form I-485 applications will primarily be adjudicated at one location, the National Benefits Center (NBC). USCIS will retain discretion to require in-person interviews at local field offices to complete...
In-Country Refugee/Parole Processing for Minors in Honduras, El Salvador and Guatemala (Central American Minors – CAM)
Update: On July 26, 2016, Department of State (DOS) and DHS announced that the CAM program would expand to include additional eligible family members. Starting November 15, 2016, DOS will accept applications requesting access to the CAM program for these additional eligible family members. For more information, please see the...
CBP Makes Online I-94 Application, Payment Available to Travelers Arriving at a Land Port of Entry
Release Date: September 29, 2016 Travelers arriving at land border ports of entry can speed up their entry by using the online I-94 application WASHINGTON — U.S. Customs and Border Protection (CBP) announced an enhancement to the I-94 website today, which allows travelers to apply and pay for their I-94...
Deferred Action for Childhood Arrivals Is Still Available
The Supreme Court’s 4-4 decision in United States v. Texas on June 23, 2016, does not affect the existing 2012 policy regarding Deferred Action for Childhood Arrivals (DACA). Individuals who meet the 2012 DACA guidelines may continue to come forward and file an initial or renewal request for DACA under...
USCIS to Allow Additional Applicants for Provisional Waiver Process
Release Date: July 29, 2016 Rule to Extend Process to All Individuals Who Are Statutorily Eligible for the Waiver WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced a final rule expanding the existing provisional waiver process to allow certain individuals who are family members of U.S. citizens and lawful permanent residents...
Nebraska Service Center to Begin Processing Certain Form I-918 Cases
In July, the Nebraska Service Center (NSC) will begin processing cases involving Form I-918, Petition for U Nonimmigrant Status. Sharing this workload with the Vermont Service Center (VSC) will balance workloads between centers and provide flexibility as USCIS works towards improving processing times, efficiency and customer service to this victim...
Temporary Protected Status Extended for Honduras
Release Date: May 16, 2016 WASHINGTON—Secretary of Homeland Security Jeh Johnson has extended Temporary Protected Status (TPS) for eligible nationals of Honduras (and those without nationality who last habitually resided in Honduras) for an additional 18 months, effective July 6, 2016, through Jan. 5, 2018. Current TPS Honduras beneficiaries who...
IMPORTANT NEW INFORMATION FOR ALL NONIMMIGRANT VISA APPLICANTS IN VENEZUELA
Caracas, Venezuela Embassy of the United States AILA Doc. No. 16052060. (Posted 5/20/16) May 18, 2016 As of May 18, 2016, the U.S. Embassy in Caracas is no longer able to provide new appointments for first time business or tourist (B1/B2) visa applicants. If you are a first time applicant...
Temporary Protected Status Extended for Nicaragua
Release Date: May 16, 2016 AILA Doc. No. 16051604. (Posted 05/16/16) WASHINGTON—Secretary of Homeland Security Jeh Johnson has extended Temporary Protected Status (TPS) for eligible nationals of Nicaragua (and those without nationality who last habitually resided in Nicaragua) for an additional 18 months, effective July 6, 2016, through Jan. 5,...
AAO Processing Times
AILA Doc. No. 16041131 (Posted 4/11/16) The office that issued the unfavorable decision will first conduct an “initial field review” of the appeal. If that office does not take favorable action on the appeal, it will forward the appeal to the AAO and send the appellant a Notice of Transfer...
Potomac Service Center Now Processing Certain Form I-765 Cases
On March 28, 2016, the Lockbox began sending certain cases to the Potomac Service Center. This includes all newly filed Form I-765, Application for Employment Authorization, applications filed by F-1 and M-1 students seeking Optional Practical Training (OPT). How You Will Be Affected When the Lockbox sends your case to...
USCIS Alert: TSC Now Processing Certain Form I-765 Cases
AILA Doc No. 16030362 Dated March 3, 2016 USCIS recently began transferring Form I-765, Application for Employment Authorization, filed by an asylum applicant with a pending asylum application filed on or after January 4, 1995, from the Vermont Service Center (VSC) to the Texas Service Center (TSC) to balance workloads....
General Adjustment of Status Policies and Section 245(a) of the Immigration and Nationality Act
U.S. Citizenship and Immigration Services Office of the Director (MS 2000) Washington, DC 20529-2000 February 25, 2016 PA-2016-001 Policy Alert Purpose U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual addressing the general policies and procedures of adjustment of status as well as adjustment...
Jury Convicts Columbus Man of Illegally Gaining Citizenship
Release Date: January 25, 2016 COLUMBUS, Ohio – A United States District Court jury convicted Maqsood Haroon, 41, of Columbus, Ohio, of unlawful procurement of citizenship or naturalization. Carter M. Stewart, United States Attorney for the Southern District of Ohio, and Marlon V. Miller, Special Agent in Charge, Homeland Security...
United States Begins Implementation of Changes to the Visa Waiver Program
Release Date: January 21, 2016 AILA Doc. No. 16012131. (Posted 01/21/16) For Immediate Release DHS Press Office Contact: 2022828010 WASHINGTON—The United States today began implementing changes under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 (the Act). U.S. Customs and Border Protection (CBP) welcomes more than...
Affirmative Asylum Scheduling Bulletin
Cite as “AILA Doc 16011207” (Posted 01/12/16) This Bulletin explains how the Asylum Division has prioritized the adjudication of affirmative applications for asylum. On December 26, 2014, we began prioritizing asylum applications for interview scheduling as follows: 1.) Applications that were scheduled for an interview, but the interview had to...
USCIS Seeks Comments on Proposed Rule- Affecting Certain Employment-Based Immigrant and Nonimmigrant Visa Programs
Last Reviewed/Updated: 12/31/2015 USCIS is seeking public comments on a proposed rule that would modernize and improve certain aspects of employment-based nonimmigrant and immigrant visa programs. USCIS is also proposing regulatory amendments to better enable U.S. employers to hire and retain certain foreign workers who are beneficiaries of approved employment-based...
AAO Processing Times as of December 1, 2015
AILA InfoNet Doc. 15120810 (Posted 12/08/15) The office that issued the unfavorable decision will first conduct an “initial field review” of the appeal. If that office does not take favorable action on the appeal, it will forward the appeal to the AAO and send the appellant a Notice of Transfer...
Affirmative Asylum Scheduling Bulletin
Cite as “AILA InfoNet Doc. 15120807” (Posted 12/08/15) This Bulletin explains how the Asylum Division has prioritized the adjudication of affirmative applications for asylum. On December 26, 2014, we began prioritizing asylum applications for interview scheduling as follows: 1.) Applications that were scheduled for an interview, but the interview had...
Approval of a Spousal Immediate Relative Visa Petition under Section 204(l) of the Immigration and Nationality Act after the Death of a U.S. Citizen Petitioner
U.S. Department of Homeland Security U.S. Citizenship and Immigration Services Office of the Director (MS 2000) Washington, DC 20529-2000 PM-602-0126 Policy Memorandum Revision to Adjudicator’s Field Manual Chapter 10.21(a), (b), (c)(2) and the last paragraph of (c)(5) (AFM Update AD-15-02) to implement Williams v. DHS Secretary, 741 F.3d 1228 (11th...
Visa Waiver Program
U.S. Department of State Diplomacy in Action Visa Waiver Program Fact Sheet Office of the Spokesperson Washington, DC November 20, 2015 AILA InfoNet Doc. 15112305 (Posted 11/23/15) The Visa Waiver Program (VWP), administered by the Department of Homeland Security (DHS), allows eligible citizens or nationals of countries which have met...
Affirmative Asylum Scheduling Bulletin
AILA Doc No. 15111303- Dated: November 12, 2015 (Posted 11/13/15) USCIS’s Affirmative Asylum Scheduling Bulletin as of 11/12/15. This Bulletin explains how the Asylum Division has prioritized the adjudication of affirmative applications for asylum. This Bulletin explains how the Asylum Division has prioritized the adjudication of affirmative applications for asylum....
USCIS Will Host Naturalization Ceremonies to Honor Veterans and their Families
Release Date: November 09, 2015 WASHINGTON—Veterans, service members and military spouses across the country will become U.S. citizens this week as they take the Oath of Allegiance at special Veterans Day naturalization ceremonies. U.S. Citizenship and Immigration Services will highlight the sacrifices that military members and their families have made...
Updated Instruction for Using the DOS Visa Bulletin
Beginning with the November 2015 Department of State (DOS) Visa Bulletin, if USCIS determines that there are more immigrant visas available for a fiscal year than there are known applicants for such visas, we will state on www.uscis.gov/visabulletininfo that applicants may use the Dates for Filing Visa Applications chart. Unless...
USCIS Uses Secure Laminates on Certain Forms
Last Reviewed/Updated: 10/05/2015 On Oct. 5, 2015, USCIS began applying secure laminates to certain secure forms that authorize travel to the United States. The affected forms are: • Form I-797F, Transportation Letter, and • Form I-512L, Parole Authorization Letter. The secure, transparent laminates provide an extra layer of fraud protection...
AAO Processing Times
AILA Doc. No. 15100710 (Posted 10/7/15) The office that issued the unfavorable decision will first conduct an “initial field review” of the appeal. If that office does not take favorable action on the appeal, it will forward the appeal to the AAO and send the appellant a Notice of Transfer...
DOS Global Consular Systems Upgrade – All Embassies and Consulates Closed on 10/9/15
AILA Doc No. 15100100 Dated: October 1, 2015 Please note that the Department of State has informed AILA that, due to a consular systems upgrade, consular operations at all embassies and consulates will be closed to the public on Friday, October 9, 2015. Posts will advise those who already have...
DOS Publishes Updated Visa Bulletin for October 2015
Last Reviewed/Updated: 09/25/2015 On Sept. 25, the Department of State (DOS) published an updated Visa Bulletin for October 2015. This bulletin supersedes the bulletin for October 2015 that was originally published on Sept. 9, 2015. Following consultations with the Department of Homeland Security (DHS), the Dates for Filing Applications for...
USCIS Suspends Final Adjudication of Employment-Based I-485s for Remainder of FY2015
AILA Doc No. 15092402 Dated September 24, 2015 USCIS alert that final adjudication of employment-based I-485s is suspended for the remainder of FY2015 due to the statutory cap being reached for the employment-based preference categories. USCIS will accept current I-485s and resume final adjudication when visa numbers are available. From:...
Pay Your N-400 Application Fee with Your Credit Card
You may pay for your N-400, Application for Naturalization, using a credit card. There is no additional fee to pay with your credit card. The N-400 is the only form that can be paid for by credit card using the G-1450, Authorization for Credit Card Transaction. Acceptable Credit Cards You...
Affirmative Asylum Scheduling Bulletin (9/11/15)
Cite as “AILA Doc No. 15091403” (Posted 09/14/15) USCIS’s Affirmative Asylum Scheduling Bulletin as of 9/11/15. This Bulletin explains how the Asylum Division has prioritized the adjudication of affirmative applications for asylum. This Bulletin explains how the Asylum Division has prioritized the adjudication of affirmative applications for asylum. On December...
Temporary Protected Status Extended for Haiti
Release Date: August 25, 2015 WASHINGTON—Secretary of Homeland Security Jeh Johnson has extended Haiti’s designation for Temporary Protected Status (TPS) for an additional 18 months. The extended designation is effective Jan. 23, 2016, through July 22, 2017. Current TPS Haiti beneficiaries seeking to extend their TPS status must re-register during...
Delays in Production of Work Authorization and LPR Cards
AILA Doc No. 15082732 Dated August 27, 2015 Multiple AILA members have reported delays between approval of a client’s I-765 or I-485 and the client’s receipt of the employment authorization card or lawful permanent resident card. USCIS has confirmed that the card production facility in Corbin, KY is undergoing maintenance,...
Transferring Cases From Vermont Service Center to California Service Center
AILA Doc. No. 15082432. (Posted 8/24/15) In order to balance workloads, USCIS recently began transferring some cases from the Vermont Service Center to the California Service Center. The affected cases include: Form I-130, Petition for Alien Relative Form I-751, Petition to Remove the Conditions on Residence How You Will Be...
Update for DACA Recipients Who Received 3-Year Work Permits
USCIS has accounted for over 99 percent of the approximately 2,600 identified invalid work permits requiring return. Twenty-two of the approximately 2,600 recipients failed to return their work permits or certify good cause for not doing so by the deadline of July 30, 2015. As a result, those 22 have...
Modifications to Oath of Allegiance for Naturalization
U.S. Department of Homeland Security U.S. Citizenship and Immigration Services Office of the Director (MS 2000) Washington, DC 20529-2000 July 21, 2015 Policy Alert PA-2015-001 SUBJECT: Modifications to Oath of Allegiance for Naturalization Purpose U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to...
Green Cards Without a Signature Are Acceptable Documents
From: U.S. Citizenship and Immigration Services Sent: Monday, July 20, 2015 2:14 PM To: Subject: Green Cards Without a Signature Are Acceptable Documents Permanent Resident Cards that say “signature waived” are acceptable documents for Form I-9, Employment Eligibility Verification, as long as they are unexpired and reasonably appear to be...
Important Information for Some DACA Recipients
AILA Doc. No. 15071661 (Posted 7/16/15) WASHINGTON—If you are a DACA recipient who received a three-year Employment Authorization Document (EAD) after February 16, 2015, it was likely mistakenly issued and must be returned. Approximately 2,100 DACA recipients were issued three-year Employment Authorization Documents, rather than two-year EADs, after the February...
Reminder to deferred action and employment authorization individuals who have not returned their 3-year EAD
Reminder letter to individuals who have not returned their 3-year EAD. REMINDER NOTICE: WARNING AILA Doc No. 15070802 Dated July 7, 2015 USCIS sent a letter to DACA recipients who have not returned their three-year EAD, stating “USCIS must receive your EAD by 7/17/15. Failure to return the invalid EAD...
UPDATE- DOS Alert: Technological System Issues with Overseas Passport and Visa Systems
AILA Doc No. 15061209, Dated June 26, 2015 DOS alert that as of 6/25/15, 165 posts, representing more than 85% of the nonimmigrant visa demand worldwide, are now online and issuing visas. June 25, 2015 On June 25, 2015, DOS updated their alert with the following language: • The Bureau...
DOS Alert: Technological System Issues with Overseas Passport and Visa Systems
AILA Doc No. 15061209 Dated June 19, 2015 DOS alert that the Bureau of Consular Affairs is currently experiencing technical problems with its overseas passport and visa systems. The issue is not specific to any particular country, citizenship document, or visa category. ________________________________________ June 17, 2015, second update On June...
Technological Systems Issue, Passport/Visa Systems Errors
Technological Systems Issue June 12, 2015 U.S. Department of State, Bureau of Consular Affairs Passport/Visa Systems Errors • The Bureau of Consular Affairs is currently experiencing technical problems with our overseas passport and visa systems. • This issue is not specific to any particular country, citizenship document, or visa category....
Did You Know? A Green Card Does Not Always Have a Signature
We want you to know that Green Cards (also known as Permanent Resident Cards) do not always include the holder’s signature. In limited cases, we may waive the signature requirement for certain people, such as children under the age of consent or individuals who are physically unable to provide a...
Adjustments to Limitations on Designated School Official Assignment and Study by F–2 and M–2 Nonimmigrants
DEPARTMENT OF HOMELAND SECURITY 8 CFR Part 214 [DHS Docket No. ICEB–2011–0005] RIN 1653–AA63 AGENCY: U.S. Immigration and Customs Enforcement, DHS. ACTION: Final rule. SUMMARY: The Department of Homeland Security is amending its regulations under the Student and Exchange Visitor Program (SEVP) to improve management of international student programs and...
Online System Only Tracks Entry / Exit Details – Not Updated with USCIS Information
U.S. Customs and Border Protection, CBP INFO Center The I-94 retrieval website only provides I-94 records issued by Customs and Border Protection (CBP) and the travel history associated to I-94 records issued by CBP. If US Citizenship and Immigration Services (USCIS) granted an extension of stay, change of status or...
USCIS Tool Makes It Easier to Find a Doctor
U.S. Citizenship and Immigration Services (USCIS) has launched an enhanced tool to find local doctors authorized to perform medical examinations for green card applicants. The improved Find a Doctor locator lets you enter your address or ZIP code to search for a doctor based on distance. You can also look...
USCIS Provides I-601 and I-601A Statistics for FY2010-FY2015
AILA Doc No. 15042903 Dated April 29, 2015 USCIS provided statistics on approval rate, denial rate, and RFE rate for Forms I-601 and Forms I-601A, for FY2010 through FY2015. Information was provided in response to an AILA FOIA. The highlights: • Since FY2010 thru January of FY2015, the average approval...
USCIS clarifies policy on EAD’s for K-1 visa holders
AILA Doc No. 15042032 Dated April 16, 2015 In order to obtain evidence of employment authorization, a fiancé(e) should file for employment Authorization with the USCIS Service Center having jurisdiction over their place of residence no more than 90 days after admission to the United States. If the applicant establishes...
USCIS Tool Makes It Easier to Find a Doctor
From: U.S. Citizenship and Immigration Services Sent: Wednesday, April 15, 2015 2:47 PM To: Subject: USCIS Tool Makes It Easier to Find a Doctor AILA Doc No. 15041567 U.S. Citizenship and Immigration Services (USCIS) has launched an enhanced tool to find local doctors authorized to perform medical examinations for green...
U.S. Labor Department expands its support of victims of human trafficking and other crimes, Department will begin to certify ‘T’ visas and expand ‘U’ visa certifications
United States Department of Labor Secretary of Labor Thomas E. Perez News Release AILA Doc. No. 15040664 Posted 4/6/2015 WHD News Release: [04/02/2015] Contact Name: Tania Mejia or Jason Surbey Phone Number: (202) 693-4686 or x4668 Email: Mejia.Tania@dol.gov or Surbey.Jason@dol.gov Release Number: 15-0550-NAT SEATTLE — U.S. Secretary of Labor Thomas...
USCIS Alert on Workload Transfer Within Service Center Operations
Cite as “AILA InfoNet Doc. No. 15032668 (posted March 26, 2015)” From: U.S. Citizenship and Immigration Services Sent: Thursday, March 26, 2015 3:13 PM To: Subject: Workload Transfer within Service Center Operations USCIS recently made two operational changes to balance our overall workload. Workload Realignment USCIS recently began transferring some...
Appeals Court Sets April Hearing on Obama Immigration Action
Cite as “AILA InfoNet Doc. No. 15032503 (posted March 25, 2015)” BY: THE ASSOCIATED PRESS March 24, 2015 HOUSTON — A court hearing has been set for April 17 on whether a temporary hold on President Barack Obama’s immigration executive action should be lifted, a federal appeals court announced Tuesday....
Latest Figures on the Use of Prosecutorial Discretion in Immigration Court Cases
Table re PD in Immig Ct. Cases AILA Doc. No. 15032462 Posted 3/24/2015 There has been no drop-off in the government’s use of prosecutorial discretion (PD) as a basis to close cases and allow an individual to remain in this country, according to case-by-case Immigration Court records current through February...
ICE announces enhanced oversight and release procedures for custody determinations involving detainees with criminal convictions
AILA Doc No. 15031960 March 19, 2015 WASHINGTON— Today, U.S. Immigration and Customs Enforcement (ICE) announced enhanced oversight and release procedures for custody determinations involving individuals with criminal convictions. “Like Secretary Johnson, I am determined to do what we can to improve and reform our immigration system within the confines...
Guidance for TPS Beneficiaries Filing Late Re-Registration Applications
Last Reviewed/Updated: 03/11/2015 If you file your TPS re-registration application late, you must submit a letter that explains your reason for filing late with your application. USCIS may accept the late re-registration TPS application if you have good cause for filing after the re-registration period for your country ends. Even...
AAO Processing Time Report (3/1/15)
AILA Doc No. 15030903 Dated March 1, 2015 The office that issued the unfavorable decision will first conduct an “initial field review” of the appeal. If that office does not take favorable action on the appeal, it will forward the appeal to the AAO and send the appellant a Notice...
Re-registration Deadline for El Salvador TPS is March 9, 2015
Monday, March 9, 2015, is the deadline for current El Salvador Temporary Protected Status (TPS) beneficiaries to re-register for the 18-month extension of TPS that runs from March 10, 2015, through Sept. 9, 2016. The law requires USCIS to withdraw TPS for failure to re-register without good cause. Therefore, if...
AILA: Judicial Victory for Detained Asylum Seekers
AILA Doc No. 15022068 | Dated February 20, 2015 FOR IMMEDIATE RELEASE Friday, February 20, 2015 WASHINGTON, DC -The American Immigration Lawyers Association (AILA) issued the following statement from its President Leslie A. Holman regarding the decision by U.S. District Judge James E. Boasberg in relation to detained mothers and...
AILA: Texas Judge Made the Wrong Call; Executive Action will be Upheld and Implemented
AILA Doc No. 15021763 FOR IMMEDIATE RELEASE Tuesday, February 17, 2015 WASHINGTON, DC -The American Immigration Lawyers Association (AILA) issued the following statement from its President Leslie A. Holman regarding the decision by Texas federal judge Andrew Hanen to grant the request for a temporary injunction against the implementation of...
USCIS Processing of Asylum Cases
AILA Doc. No. 15020642 (Posted 2/5/15) USCIS is taking numerous steps to respond to increasing humanitarian caseloads, including increasing staffing levels and re-prioritizing applications for interview scheduling. The USCIS Asylum Division is hiring an additional 175 asylum officers, increasing the number of authorized asylum officer positions to 448. This represents...
In-Country Refugee/Parole Processing for Minors in Honduras, El Salvador and Guatemala (Central American Minors – CAM)
Source: U.S. State Department Published: January 30, 2015 AILA Doc. No. 15020348. (Posted 2/3/15) The Department of State (http://www.state.gov/j/prm/) is pleased to announce a new in-country refugee and parole program for certain qualified minors in El Salvador, Guatemala and Honduras. The program will allow certain parents who are lawfully present...
Immigration Court Processing Times Fall for Honduras, Guatemala and El Salvador
AILA Doc No. 15012747 Dated January 27, 2015 (20 Jan 2015) During the first quarter of FY 2015 (October – December), there has been a drop in the disposition times of cases in the U.S. Immigration Court from some key Central American countries. According to the latest case-by-case court records...
USCIS Processing Time Information for the National Benefits Center
AILA Doc. No. 15012144 (Posted 1/21/15) Instructions for Using the Chart The chart will show most of the types of forms processed at the field office or service center. You can select the form type that applies to your case from the drop-down menu. If the field office or service...
Reminder for Requesting DACA
Cite as “AILA InfoNet Doc. No. 15012041 (posted 1/20/15)” For DACA renewals, USCIS strongly encourages you to submit your renewal request between 150 days and 120 days before the expiration date located on your current Form I797 DACA approval notice and Employment Authorization Document. Filing during this window will minimize...
Five Things to Know About DAPA
It’s lawful. It’ll impact approximately 4 million people. Not all parents will qualify. The application period has not begun. There are lots of open questions. The most impactful component of President Obama’s Immigration Accountability Executive Action will be the creation of a new program designed to offer deportation reprieves and...
Practice Pointer: Obtaining a Temporary I-551 Stamp Due to a Delayed I-90
Cite as “AILA InfoNet Doc. (Posted 1/6/15)” The issue of delays in the processing of Forms I-90, Application to Replace Permanent Resident Card, was raised during the October 9, 2014 liaison meeting with USCIS Field Operations. Though USCIS indicated that the current processing time for I-90s is approximately 6 months,...
Practice Alert: NVC to Handle Nonimmigrant Visa Inquiries Effective 01/12/15
Cite as “AILA InfoNet Doc. No. 15010840 (posted Jan. 8, 2015)” AILA has been advised that effective Monday, January 12, 2015, the National Visa Center (NVC) will begin responding to e-mail and telephonic inquiries from attorneys and the public on nonimmigrant visa cases. With this change, the NVC will be...
Temporary Protected Status Extended for El Salvador
Release Date: January 07, 2015 WASHINGTON—Secretary of Homeland Security Jeh Johnson has extended Temporary Protected Status (TPS) for eligible nationals of El Salvador for an additional 18 months, effective March 10, 2015, through Sept. 9, 2016. Current TPS El Salvador beneficiaries seeking to extend their TPS must re-register during the...
National Visa Center No Longer Collecting Original Civil Documents
Summary The National Visa Center (NVC) will cease collecting original civil documents in support of immigrant visa (IV) applications as of November 12, 2014. Most applicants will be required to submit photocopies of supporting documents (such as birth, marriage, and police certificates) and will be instructed to take their original...
CONSUMER ALERT ON DAPA AND DACA
Cite as “AILA InfoNet Doc. No. 14122244 (posted Dec. 22, 2014)” President Obama’s announced administrative relief has created some confusion about who might be eligible for expanded DACA and the new DAPA program. This consumer alert offers a one-page summary of eligibility and warns against scammers and notaries. CONSUMER ADVISORY...
Implementation of Haitian Family Reunification Parole Program
AILA InfoNet Doc. No. 14121851 (posted Dec. 18, 2014) DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services [CIS No. 2548–14; DHS Docket No. USCIS–2014–0013] AGENCY: U.S. Citizenship and Immigration Services, DHS. ACTION: Notice. SUMMARY: This notice announces the implementation of U.S. Citizenship and Immigration Services’ (USCIS) Haitian Family Reunification...
USCIS Approves 10,000 U Visas for 6th Straight Fiscal Year
Last Reviewed/Updated: 12/11/2014 U.S. Citizenship and Immigration Services (USCIS) has approved the statutory maximum of 10,000 petitions for U-1 nonimmigrant status (U visas) for fiscal year 2015. This marks the sixth straight year that USCIS has reached the statutory maximum since it began issuing U visas in 2008. Each year,...
Reminder for Temporary Protected Status Applicants and Re-registrants
Last Reviewed/Updated: 11/05/2014 You must submit biometrics if you are applying or re-registering for Temporary Protected Status (TPS) and are over 14 years old. Biometrics includes a photograph, signature, and/or fingerprints. USCIS will schedule an appointment for you to go to an Application Support Center (ASC) to have your biometrics...
Naturalization|Fact Sheet
AILA InfoNet Doc. No. 14111841. (Posted 11/18/14) The United States has a long history of welcoming immigrants from all parts of the world. During the last decade, U.S. Citizenship and Immigration Services (USCIS) welcomed more than 6.6 million naturalized citizens into the fabric of our nation. In fiscal year 2013,...
Haitian reunification parole program
AILA InfoNet Doc. No. 14120202. (Posted 12/2/14) From: U.S. Citizenship and Immigration Services Sent: Tuesday, December 02, 2014 9:32 AM To: Subject: USCIS Message: Avoid Scams – Haitian Family Reunification Parole (HFRP) Program Dear Stakeholder, On October 17, 2014, U.S. Citizenship and Immigration Services (USCIS) announced a limited Haitian Family...
In-Country Refugee/Parole Program for Minors in El Salvador, Guatemala, and Honduras With Parents Lawfully Present in the United States
AILA InfoNet Doc. No. 14111440. (Posted 11/14/14) U.S. DEPARTMENT OF STATE and U.S. DEPARTMENT OF HOMELAND SECURITY The United States is establishing an in-country refugee/parole program in El Salvador, Guatemala, and Honduras to provide a safe, legal, and orderly alternative to the dangerous journey that some children are currently undertaking...
December 2014 Visa Bulletin
The December 2014 Visa Bulletin shows that cutoff dates in the EB-2 India category remain severely backlogged, cutoff dates in EB-3 for the Rest of the World and China advance by five months, and EB-3 China is now ahead of EB-2 China. The U.S. Department of State (DOS) has released...
Executive Actions on Immigration
On November 20, 2014, the President announced a series of executive actions to crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay taxes in order to temporarily stay in the U.S. without fear...
USCIS Expands the Definition of “Mother” and “Parent”
Under this new policy, a mother who meets this definition but does not have a genetic relationship with her child (for example, she became pregnant through an egg donor) will: • Be able to petition for her child based on their relationship • Be eligible to have her child petition...
Temporary Protected Status Extended for Honduras
Release Date: October 16, 2014 WASHINGTON—Secretary of Homeland Security Jeh Johnson has extended Temporary Protected Status (TPS) for eligible nationals of Honduras for an additional 18 months, effective Jan. 6, 2015, through July 5, 2016. Current TPS Honduras beneficiaries seeking to extend their TPS must re-register during the 60-day re-registration...
Press Release on Haitian Parole
Cite as “AILA InfoNet Doc. No. 14102340 (posted Oct. 23, 2014)” FOR IMMEDIATE RELEASE Thursday, October 23, 2014 Washington, DC- Leslie A. Holman, President of the American Immigration Lawyers Association (AILA) responded to the recent decision by the Obama Administration to implement a Haitian Family Reunification Parole (HFRP) Program in...
Florida Driver’s Licenses Issued to Individuals With Approved I-601A Provisional Waivers
The Florida Department of Highway Safety and Motor Vehicles (“FLHSMV”) regularly publishes a list of documents that it will accept as proof of immigration status in connection with an application for a Florida Driver’s License. The list of acceptable documents was recently revised to include individuals who are the beneficiaries...
2016 Diversity Visa program (DV-2016)
The Diversity Visa Program allows up to 50,000 eligible applicants every year to come to the United States under a lottery program to live and work in the United States permanently. Held annually, the Diversity Visa program makes visas available to applicants meeting strict but basic requirements. Applicants are selected...
Practice Alert: Duplicate Biometrics Appointment Notices (Updated 9/26/14)
Cite as “AILA InfoNet Doc. No. 14082642 (posted Oct. 3, 2014)” October 3, 2014 USCIS posted the following update on October 3, 2014: Recently USCIS erroneously scheduled some customers for more than one Application Support Center (ASC) biometric appointment (Form I-797C). If you have already attended an ASC biometric appointment,...
Memorandum- Subject: Guidance on Immediate Family Members in Credible Fear
“The purpose of this memorandum is to issue guidance on who is considered an immediate family member in the credible fear process, credible fear determinations for immediate family members, and linking related family members in the Asylum Pre-Screening System (APSS). In the credible fear process, immediate family members are the...
EAD Delays
EADs Delays: Filing and Follow-Up Suggestions The U. S. Citizenship and Immigration Services (USCIS) confirmed in an August 27, 2014 teleconference with the American Immigration Lawyers Association (AILA) that there are ongoing delays in processing employment authorization document (EAD) applications. Such delays have potentially serious implications for both individuals and...
Duplicate Biometric Notices
NewsFlash! Duplicate Biometrics Notices Issued in Error August 27, 2014 Earlier today, the U.S. Citizenship and Immigration Services (USCIS) advised the American Immigration Lawyers Association (AILA) that, in recent weeks, certain applicants for permanent residency who have already successfully completed biometrics were inadvertently scheduled for a second biometrics appointment. Through...
Third Country Nationals: Consular Interviews Outside Your Home Country
Nonimmigrant visa applicants often inquire about attending consular interviews in a third country. Especially for foreign nationals who travel frequently, it is sometimes burdensome to travel to the home country solely to attend the interview. Furthermore, visa applicants are oftentimes in the U.S. in some other status prior to the...
Family-Based Immigrant Visas
Important Notice – New Application Fees: Nonimmigrant and immigrant visa application fees for certain visa categories will change on September 12, 2014. All visa applicants must pay the fee amounts in effect on the day they pay, with the exception of Immigrant Visa application processing fees paid domestically to the...
Update on Provisional Waiver cases
Since the government began receiving provisional waiver applications, they have accepted a total of 42,376 applications. Of the cases that have received decisions, 16,639 have been approved and 7,968 have been denied. The USCIS National Benefits Center (NBC) has stated that of the 1,200 Provisional Waiver cases denied prior to...
Perdon Provisional por Presencia Ilegal
La Secretaria del Departamento de Seguridad Nacional Janet Napolitano, anuncio el 2 de Enero del 2013 la próxima publicación de una regulación definitiva que reducirá el tiempo que los ciudadanos Americanos son separados de los familiares inmediatos( padres, hijos y esposos) que se encuentran en proceso de obtener la residencia...
Designación de Taiwan en el Programa de Excención de Visado.
El 2 de Octubre del presente ano, la Secretaria del departamento de Seguridad Nacional, Janet Napolitano, anuncio la inclusión de Taiwan en el Programa de Excención de Visado (Visa Waiver Program). Este anuncio esta relacionado con la asociación económica que se ha mantenido por anos con ese país y se...
Actualizacion sobre DACA
El Servicio de Inmigración y Ciudadania de los Estados Unidos (USCIS) publico la siguiente información acerca de las aplicaciones recibidas entre el 15 de Agosto y el 10 de Octubre del 2012: – 179,794 aplicaciones han sido aceptadas para procesamiento – 158,408 aplicantes han sido programados para huellas dactilares –...
Actualizacion sobre la Accion Diferida
El 3 de Agosto del 2012, el Director del USCIS, Alejandro Mayorkas actualizo la información acerca del programa de Acción Diferida para ciertas personas que llegaron a los Estados Unidos durante su infancia. Aun cuando todavia faltan detalles específicos al respecto, la nueva información provista es la siguiente: Solo a...
Update from USCIS Director Mayorkas on Deferred Action for Childhood Arrivals
On August 3, 2012, USCIS Director Alejandro Mayorkas provided updated information on the deferred action program for childhood arrivals. New information included the following: Beginning on August 15, 2012, and not prior to that date, USCIS will begin receiving applications for deferred action status for young arrivals. A new application...
Advice to Potential Applicants for Deferred Action Status
On June 15, 2012, DHS Secretary Napolitano announced that deferred action status would be considered for individuals who: 1) Came to the United States under age sixteen; 2) have continuously resided in the United States from June 15, 2007 through June 15, 2012; 3) are currently in school, have graduated...
Obama ceso por Decreto la Deportacion de Jovenes Indocumentados
La Secretaria de Seguridad Nacional, Janet Napolitano, anuncio oficialmente que con vigencia inmediata algunos jóvenes que entraron a Estados Unidos siendo niños y que cumplen con ciertos requisitos serán considerados para recibir un alivio contra la deportación o contra el inicio de un proceso de deportación. Los jóvenes que cumplan...
Agotadas Visas H-1B para el 2013.
A tan solo dos meses del comienzo de la entrega de peticiones para visas H-1B, el servicio de Ciudadania e Inmigración de los Estados Unidos (USCIS) anuncio oficialmente que se agotaron las 65,000 visas visas H-1B disponibles para el ano fiscal 2013 y que el 11 de Junio fue la...
Propuesta de Requisitos de Elegibilidad e Inelegibilidad para el Perdon Provisional.
Una de las principales curiosidades del publico en general es la de cuales serian los requisitos para ser beneficiarios del Perdón Provisional por Presencia Ilegal en los Estados Unidos. A continuación queremos presentarles los lineamientos, aun sujetos a revisión y a cambios que esta propuesta todavía en estudio, ofrece respecto...
El Perdón Provisional (I-601) aun NO esta en Vigencia.
El Servicio de Ciudadania e Inmigración, sigue considerando la implantación de un cambio que le permitiría a los esposos, padres e hijos de ciudadanos Americanos el recibir un perdón provisional por su presencia ilegal antes de viajar fuera de los Estados Unidos a su entrevista para la visa de inmigrante....
USCIS Propone Cambios en el Procesamiento de Ciertos Perdones
Con el fin de reducir el tiempo que los ciudadanos americanos deben permanecer separados de sus esposos e hijos durante el proceso que les permitirá hacerse residentes legales de los Estados Unidos, el Servicio de Ciudadanía e Inmigración (USCIS) se encuentra en la tarea de intentar cambiar su sistema actual...
Extensión de Estatus de Protección Temporal (TPS) para Hondureños y Nicaraguenses.
Una vez mas, la Secretaria de Seguridad Nacional, Janet Napolitano, ha extendido por 10 meses el Estatus de Protección Temporal (TPS) para los ciudadanos de Honduras y de Nicaragua que cumplan los requisitos de ley. El nuevo periodo de extension sera a partir del 6 de Enero del 2012 y...
Current State of the ICE Secure Communities Program
Leaders from U.S. Immigration and Customs Enforcement (ICE) recently met with leaders from the American Immigration Lawyers Association to discuss the current state of the Secure Communities Program, a system by which aliens in criminal custody are apprehended by Immigration authorities. ICE officials claim that in most cases, they adhere...
DREAM Act Reintroduced in Congress
The Development, Relief and Education for Alien Minors (DREAM) Act was reintroduced into Congress today by Senator Dick Durbin, Representatives Howard Berman, Ileana Ros-Lehtinen, and other Congressional leaders. The DREAM Act passed the House of Representatives in November of 2010, but failed to pass the Senate. If the DREAM Act...