The article addresses the question, does a short stay establish a “residence” for purposes of the Immigration and Nationality Act (INA)? This may seem like a trivial question, but it comes up in many contexts for U.S. immigration cases. For example, the following forms all appear to ask about residence history: USCIS Form N-400, Application… Continue reading Does a Short Stay Establish a “Residence” for Immigration Law Purposes?
This post includes two tables: Table 1 shows processing times at all Service Centers for: Forms I-130, Petitions for Alien Relatives, filed by U.S. citizens for immediate relatives (i.e., spouses, parents, or children under 21). More specifically, these processing times are for standalone I-130s, meaning I-130s not filed together with Form I-485, Application to Adjust… Continue reading USCIS Processing Times for Immediate Relatives (I-130s) and Fiancé(e)s (I-129Fs)
Effective Oct. 1, 2021, the Centers for Disease Control (CDC) requires applicants to receive a full COVID-19 vaccine series prior to being issued an immigrant visa.
Generally speaking, a proxy marriage is a wedding in which one or both of the individuals being united are not in the physical presence of the officiant. An absent party may be represented by another person (“proxy”). If both partners are absent, a “double proxy marriage” occurs. A Utah marriage via video conference is valid for purposes of… Continue reading Utah Marriage Over Zoom Is Valid for Immigration Purposes
This Guide explains how a foreign national who is physically present in the U.S. can file with U.S. Citizenship and Immigration Services (USCIS) a Form I-485, Application to Adjust Status, to become a lawful permanent resident (LPR), otherwise known as a green card holder.
Applicants filing Form I-485, Application to Adjust Status, can now request that they be issued a Social Security number (SSN), according to a USCIS announcement on Aug. 8, 2021. The Form I-485 asks, “Do you want the SSA to issue you a Social Security card?” After the I-485 is approved, “USCIS will electronically transmit the… Continue reading Social Security Number Application Now Part of Form I-485, Application to Adjust Status
Applicants for U.S. immigrant visas and K-1 (fiancée) visas are required to submit a set of civil documents in support of their application. This includes, for example, birth, marriage, and police certificates. Effective June 15, 2021, the U.S. State Department has extended the validity of police certificates to 2 years. See 9 FAM 504.4-4(A) and… Continue reading Police Certificates Now Valid for 2 Years, Says U.S. State Dep’t
The Visa Office has published the following statistics for immigrant visa issuances at the U.S. Consulate in Guangzhou in April 2021. The first thing that stands out is the huge increase in issuance of FX visas (for spouses and children of permanent residents, and their children). In April 1,324 FX visas were issued, compared to… Continue reading Immigrant Visa Issuances at the U.S. Consulate in Guangzhou (Apr. 2021)
On May 14, President Biden revoked former President Trump’s proclamation requiring that immigrant visa applicants buy health insurance. Proclamation 9945 had never gone into effect because it was tied up in litigation. Plaintiffs in Doe vs. Trump that the proclamation was an unlawful exercise of power reserved for Congress. It would have required immigrant visa… Continue reading Biden Revokes Trump’s Health Insurance Requirement for Immigrant Visa Applicants
The Secretary of State has opened up cracks in the the entry bans for foreign nationals who have been in China, Iran, Schengen Area, United Kingdom, Ireland, Brazil, or South Africa within 14 days of applying for a visa or seeking entry to the United States. These entry bans were created by Presidential Proclamations 9984… Continue reading State Dep’t Creates National Interest Exceptions for Regional COVID Entry Bans
Trump’s USCIS public charge rule is dead, and his State Department public charge rule is at death’s door. Here’s the latest announcement, dated Mar. 26, 2021, from the State Department: On July 29, 2020, the United States District Court for the Southern District of New York enjoined the Department of State from “enforcing, applying, implementing,… Continue reading State Dep’t Update on Public Charge
It’s time to celebrate! USCIS has stopped applying the Trump administration’s 2019 public charge rule, also known as the “wealth test.” As background information, the United States has long refused to admit foreign nationals who are likely to become a “public charge.” According to 1999 Interim Field Guidance, a public charge was defined as a… Continue reading USCIS Stops Applying Trump’s 2019 Public Charge Rule
DHS has released the below statement that it will no longer pursue appellate review of judicial decisions invalidating or enjoining the Trump administration’s 2019 public charge rule. Once the judicial invalidation of the 2019 rule becomes final, the 1999 interim field guidance on public charge will apply. This is fantastic news, but it does not… Continue reading DHS to Stop Defending Trump’s Public Charge Rule in Court
Welcome to the Affidavit of Support Help Center. If you feel that you need some help with the Form I-864, Affidavit of Support, you are not alone. Technical errors with the Form I-864 are among the most common reasons for denial of permanent residence applications.
The Immigration and Nationality Act provides that a foreign national who is likely at any time in the future to become a “public charge” is inadmissible. The public charge ground of inadmissibility has existed in some form since at least 1882. The underlying public policy is that, generally, foreign nationals in the U.S. should rely… Continue reading Will Biden Dump Trump’s Public Charge Rule?
In a December 29, 2020 Stakeholder Message, U.S. Citizenship and Immigration Services (USCIS) provided an update on biometrics appointment delays at Application Support Centers (ASCs) due to COVID-19. USCIS collects biometrics for certain kinds of applications, including but not limited to: Form I-485, Application to Adjust Status Form I-131, Application for Travel Document (including reentry permit)… Continue reading USCIS Update: Biometrics Appointment Delays
Dec. 29, 2020 Update Yesterday, the government filed a motion for voluntary dismissal of its appeal to the U.S. Court of Appeals for the Ninth Circuit in Immigrant Legal Resource Center et al., v. Wolf, et al., a legal challenge to the USCIS final rule from Aug. 20, which increased filing fees and required new versions of… Continue reading USCIS Filing Fees Update: Gov’t Withdraws 9th Circuit Appeal
Under U.S. immigration law, there is an annual quota on the number of persons who may be granted lawful permanent resident (LPR) status in any category. The monthly Visa Bulletin explains to whom an immigrant visa number is immediately available.
Both U.S. citizens and lawful permanent residents (also known as LPRs or green card holders) can petition for family members to immigrate.
If an individual previously submitted biometrics in connection with a prior application, can USCIS reuse those biometrics in connection with a new application? USCIS requires biometrics appointments in connection with various types of applications, such as for adjustment of status (Form I-485), reentry permits (Form I-131), employment authorization (Form I-765), and naturalization (Form N-400). Once… Continue reading Can USCIS Reuse Biometrics Submitted Previously?