Visa Lawyer Blog

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We start off the week with some exciting news for naturalization applicants filing N-400, Application for Naturalization.

On December 9, 2022, the U.S. Citizenship and Immigration Services (USCIS) announced new updates to its policy guidance including a new procedure that will allow USCIS to automatically extend the validity of a Permanent Resident Card for a period of 24-months, through the issuance of an N-400 Application for Naturalization, receipt notice. This means that generally Permanent Residents with a pending N-400 Application, will no longer need to file Form I-90 to renew their green cards.

This policy is effective as of today, Monday, December 12, 2022, and applies to all applications filed on or after December 12, 2022.

Lawful permanent residents who filed for N-400 naturalization PRIOR to December 12, 2022, will NOT receive an N-400 receipt notice with the 24-month extension, and will be required to file Form I-90 if their green card expires, or request an appointment to receive an ADIT stamp in their passport to maintain valid evidence of their status as required under the law.

What You Need to Know

Previously, naturalization applicants who did not apply for naturalization at least six months before the expiration date on their green cards needed to file Form I-90, Application to Replace Permanent Resident Card, (green card) to maintain proper documentation of their lawful status.

Applicants who applied for naturalization at least six months prior to their green card expiration were eligible to request an appointment to receive an Alien Documentation, Identification, and Telecommunications (ADIT) stamp in their passport, which served as temporary evidence of their LPR status.

This policy is no more.

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On behalf of our Law Office, we would like to wish you and your family a very happy Fourth of July. We hope that you have a relaxing holiday weekend with your loved ones. We look forward to providing you with more immigration updates in the coming week.

For those who are U.S. Citizens, let us know, what makes you proud to be an American? What are you most grateful for?

For those who are not yet Americans, what is your American dream? Let us know in the comments below.

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We end the week with some new developments for United States Citizens with expired passports.

On June 29, 2022, the U.S. Customs and Border Protection (CBP) Carrier Liaison Program announced the end of a policy that previously allowed U.S. Citizens to re-enter the United States from abroad with expired passports.

You may recall that back in May of 2021, the State Department made the decision to allow stranded U.S. Citizens stuck overseas, to temporarily use their expired passports to make a direct return to the United States, provided their passports expired on or after January 1, 2020. The policy was to be in effect until June 30, 2022.

This temporary form of relief was granted in response to the extensive waiting period to renew a U.S. passport from abroad. Unlike Americans inside the United States, those waiting abroad have faced long waiting periods, due to the limited availability of appointments at U.S. Embassies and Consulates worldwide, caused by the global pandemic.

CBP has announced that as of Thursday, June 30, 2022,U.S. citizens will no longer be allowed to use their expired U.S. passport for direct return to the U. S. after June 30, 2022.

In a press release dated June 29, 2022, CBP advises officials that if a U.S. citizen overseas presents an expired U.S. passport to board a flight into the U.S., they must turn the traveler away and direct them to contact their nearest U.S. Embassy or Consulate to apply for a renewal.

Furthermore, CBP has stated that the Regional Carrier Liaison Group will now be responsible for implementing the scope of these new procedures.

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Welcome back to Visalawyerblog! We hope you had a restful and memorable Memorial Day weekend with your loved ones. In this blog post, we provide some interesting new updates from the U.S. Citizenship and Immigration Services.

In light of recent mass shootings taking place across the nation, USCIS has provided important information for the public including immigration assistance that can provide relief to individuals affected by these unfortunate tragedies, and related special situations.

On May 27, 2022, the agency issued a news alert notifying members of the public that the following measures are available to provide relief to those facing special situations and are reviewed on a case-by-case basis.

Special situation requests involving:

  • Changing a nonimmigrant status or extending a nonimmigrant stay for an individual currently in the United States.
    • Individuals who failed to apply for an extension or change of status on Form I-539, before expiration of their authorized period of admission in the U.S., may request for USCIS to excuse the filing delay, if it can be demonstrated that the delay was due to extraordinary circumstances beyond your control (i.e. a special circumstance);
  • Re-parole of individuals previously granted parole by USCIS;
  • Expedited processing of advance parole requests;
  • Expedited adjudication of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
  • Expedited adjudication of petitions or applications, including employment authorization applications, when appropriate;
  • Consideration of fee waiver requests due to an inability to pay;
  • Flexibility for those who received a Request for Evidence or a Notice of Intent to Deny but were unable to submit evidence or otherwise respond in a timely manner;
  • Flexibility for were unable to appear for a scheduled interview with USCIS;
  • Expedited replacement of lost or damaged immigration or travel documents issued by USCIS, such as a Permanent Resident Card (Green Card), Employment Authorization Document, or Form I-94, Arrival/Departure Record; and
  • Rescheduling a biometric services appointment.

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Welcome back to Visalawyerblog! In this post, we continue to share with our readers some important new updates regarding travel to the United States for Americans with expired passports currently overseas.

Our readers may remember in May of 2021, the State Department announced a policy that would enable stranded U.S. Citizens stuck overseas, to use their expired passports to make a direct return to the United States, provided their passports expired on or after January 1, 2020. The policy was to be in effect until December 31, 2021.

This temporary form of relief was granted in response to the extensive waiting period to renew a U.S. passport from outside the United States. Unlike Americans inside the United States, those abroad are required to apply for passport renewal in person at a U.S. Embassy or Consulate. Due to the limited operational capacity of U.S. Embassies and Consulates during the global pandemic, many Americans were finding themselves stranded abroad.

On December 21, 2021, the U.S. Customs and Border Protection (CBP) Carrier Liaison Program issued a press release informing U.S. Citizens that the State Department is extending this policy through March 31, 2022.

What criteria do I need to meet to use my expired passport for direct travel to the United States from overseas?

If you are overseas and your passport expired on or after January 1, 2020, you may now use your expired passport to return directly to the United States until March 31, 2022.

You qualify for this exception if all the following are true:

  • You are a U.S. citizen.
  • You are currently abroad seeking direct return to the United States.
  • You are flying directly to the United States, a United States territory, or have only short-term transit (“connecting flights”) through a foreign country on your direct return to the United States or to a United States Territory.
  • Your expired passport was originally valid for 10 years. Or, if you were 15 years of age or younger when the passport was issued, your expired passport was valid for 5 years.
  • Your expired passport is undamaged.
  • Your expired passport is unaltered.
  • Your expired passport is in your possession.

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You have all heard the news. A new House bill has been introduced that if passed would provide a pathway to citizenship for millions of undocumented immigrants living in the United States without legal status. But what exactly does the bill include? In this blog post we share with you the highlights of the America’s Children Act of 2021 also known as H.R. 4331.

Bill Highlights

Among the highlights of America’s Children Act of 2021 the bill:

  • Provides a pathway to permanent residency for individuals who were brought to the United States at a young age, TPS recipients, individuals under DED status, and essential workers, who have maintained continuous physical presence in the United States since their entry, and/or have graduated from an institution of higher education;
  • Establishes protections for Diversity Visa lottery winners who could not come to the United States from 2017 to present due to COVID-19 related delays;
  • Creates special provisions to recapture unused visas and provides a waiver of numerical limitations for beneficiaries of approved immigrant visa petitions currently waiting for their priority dates to become current

Who would benefit?

The main section of the bill would provide a pathway to citizenship for people in DACA (Deferred Action for Childhood Arrivals) status and also people who may not have qualified for DACA. Individuals in Temporary Protected Status and those who received Deferred Enforced Departure would also be eligible. Qualifications differ among these groups and many more changes are expected however the key provisions have been mentioned above. To obtain permanent residence, individuals cannot be disqualified based on grounds of ineligibility and must complete “security and law enforcement background checks” and a medical examination.

Pathway to Citizenship for Dreamers

Under the committee print released by the House Judiciary Committee, certain aliens would be eligible to adjust their status to permanent residence within the United States, by paying a supplemental fee of $1,500 and passing criminal checks. To be eligible, an alien would have to show that he or she:

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Welcome back to Visalawyerblog! It is the start of a brand-new week, and we are excited to bring you the latest updates in immigration news.

Biden Administration Launches Nationwide Initiative to Promote Citizenship

On July 2, 2021, the Biden administration and the Department of Homeland Security announced a joint nationwide initiative to encourage long time permanent residents to take the plunge and become U.S. Citizens. The President’s campaign known as the Interagency Strategy for Promoting Naturalization, aims to promote naturalization to all who are eligible, consistent with President Biden’s February 2nd Executive Order 14012 “Restoring Faith in our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans.”

Through joint efforts, USCIS, the Department of Homeland Security, and the Biden administration will work together to empower permanent residents to pursue their citizenship opportunities, by leading community outreach efforts to the more than 9 million estimated green card holders living in the United States.

The Naturalization Working Group (NWG) is the agency that will be primarily responsible for implementing this initiative. The NWG will be tasked with developing strategies to promote naturalization through citizenship education and awareness by establishing partnerships with the local community. The Group maintains the following goals and outcomes to bring the President’s agenda to fruition:

  • Raising awareness of the importance of citizenship
  • Promoting civic integration and inclusion
  • Providing immigrants with opportunities and tools to become fully engaged citizens
  • Building community capacity to prepare immigrants for citizenship
  • Eliminating sources of fear and other barriers that prevent individuals from accessing available naturalization service and
  • Advancing and ensuring equity through the citizenship and naturalization processes, including on the basis of race, disability, language access, national origin, gender, gender identity, and sexual orientation, providing support to traditionally underserved communities

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In this blog post, we share with our readers some exciting new updates and information on travel to the United States for Americans who have found themselves stranded abroad with expired U.S. passports.

On May 24, 2021, the Department of State issued a press release informing members of the public that U.S. Citizens currently overseas whose passports expired on or after January 1, 2020, may be able to use their expired U.S. passports to make direct return travel to the United States, provided they meet a certain set of criteria. This policy will be in effect until December 31, 2021.

What criteria do I need to meet to use my expired passport for direct travel to the United States from overseas?

If you are overseas and your passport expired on or after January 1, 2020, you may be able to use your expired passport to return directly to the United States until December 31, 2021.

You qualify for this exception if all the following are true:

  • You are a U.S. citizen.
  • You are currently abroad seeking direct return to the United States.
  • You are flying directly to the United States, a United States territory, or have only short-term transit (“connecting flights”) through a foreign country on your direct return to the United States or to a United States Territory.
  • Your expired passport was originally valid for 10 years. Or, if you were 15 years of age or younger when the passport was issued, your expired passport was valid for 5 years.
  • Your expired passport is undamaged.
  • Your expired passport is unaltered.
  • Your expired passport is in your possession.

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