Visa Lawyer Blog

Articles Posted in LPRs

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beach-4455433_1280In this blog post, we discuss what undocumented spouses and stepchildren of U.S. Citizens can expect after applying for Parole in Place using the new USCIS online application called Form I-131F.

What to Expect After Filing Form I-131F Parole in Place

Once you have properly submitted the Form I-131F using your myUSCIS online account, you will receive a I-797 receipt notice from USCIS by mail as proof that your application was submitted. This receipt notice will contain your receipt number which you can use to track your case on the USCIS case tracker.

Please note that the receipt notice can also be accessed on your myUSCIS portal

The Biometrics Appointment

Several weeks after filing Form I-131F, you will receive a biometrics appointment notice, which will indicate the date, time, and location where you must appear for USCIS to collect your fingerprints, photographs, and a signature.

Your biometrics information will be used to run a background check for criminal history, verify your identity and, and to prepare certain immigration documents (for example, an Employment Authorization Document also known as a work permit).

If USCIS has collected your biometrics information in the past, it is possible that they will reuse such information. If that is the case, USCIS will notify you via your myUSCIS online account and send you a notice by mail.

Receiving a Decision

Those who meet the eligibility criteria for parole in place under the Keeping Families Together program, will receive a discretionary grant of parole for a 3-year period.

As part of the decision-making process, USCIS will take into consideration various factors to determine whether a favorable exercise of discretion is warranted in your case such as:

  • Your criminal history
  • The existence of removal proceedings
  • Unexecuted final removal orders
  • The results of background checks, including national security and public safety vetting Positive and adverse factors presented
  • Any other relevant information available to or requested by USCIS.

Those who have any disqualifying criminal history or are found to be a threat to national security, public safety, or border security, may be denied for parole in place.

Factors such as pending criminal charges will make you ineligible for parole in place while the charge remains pending. Certain criminal convictions can also make you ineligible for parole in place under this process.  Please discuss any criminal records with an experienced immigration attorney before filing Form I-131F.

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If your case remains pending with U.S. Citizenship and Immigration Services (USCIS) beyond the posted processing times for your immigration benefit request, you may consider requesting assistance from the Ombudsman’s Office.

What is the USCIS Ombudsman?

The Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman) helps individuals and employers resolve difficulties they are experiencing with USCIS. The Ombudsman functions independently and is part of the Department of Homeland Security (DHS).

Before an applicant can request for help from the Ombudsman, they must have contacted USCIS within the last 90 days and given the agency at least 60 days to resolve their problem. If a Congressional representative is already assisting you, the Ombudsman’s office cannot help you.

If USCIS does not resolve the issue (via submission of an e-request, or other communication method) the applicant can prepare and submit a case assistance request with the Office of the Ombudsman.

The most common issues the Ombudsman can assist with are:

  • Cases involving an emergency or a hardship that falls under the USCIS expedite criteria
  • Expedite requests approved by USCIS more than 2 months ago
  • Typographical errors
  • Improper rejections
  • Cases involving U.S. military personnel and their families
  • Aging out of eligibility
  • Undelivered USCIS notices or decisions
  • Transfers to the Department of State for approved petitions

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The Department of State has published the April 2024 Visa Bulletin, bringing significant advancements in the final action dates for most employment-based categories, and modest advancement for the family-sponsored categories when compared to the previous month.

Highlights of the April 2024 Visa Bulletin

Dates for Filing Chart

For the family-sponsored preference categories, the Dates for Filing Chart remains unchanged from the previous month, with the exception of the family sponsored fourth preference category (F4) for India which will advance by 1.5 months to April 8, 2006, and Philippines which will advance by 1 year to April 22, 2005.

Additionally, for employment-based petitions, the employment based first preference category (EB1A) India will advance by 3 months to April 1, 2021, and the employment-based third (EB3) preference category for India will advance by 1.5 months to September 15, 2012. Finally, the employment based fourth preference category (EB-4) will advance by 11 months to December 1, 2020.

All other preference categories remain unchanged from the previous month.

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Recently, the American Immigration Lawyers Association (AILA) requested an update from the U.S. Citizenship and Immigration Services (USCIS) regarding the delayed adjudication of Form I-829 petitions filed by EB-5 investors seeking to remove their conditions on permanent residence.

AILA suggested two alternatives for providing evidence of continued lawful permanent residence which consisted of making simple adjustments to the language of Form I-829 receipt notices.

On January 19, 2024, USCIS responded to these concerns indicating their awareness of the issue and ongoing efforts to reduce the burden on investors.

USCIS pointed out that beginning on January 11, 2023, the agency extended the validity of Permanent Resident Cards (also known as Green Cards) for petitioners who properly filed Form I-829, for 48 months beyond the green card’s expiration date.

This extension was made in consideration of the long processing times USCIS has been experiencing to adjudicate Form I-829, which have increased over the past year.

They also note that USCIS field offices also recently began issuing and mailing the Form I-94 (arrival/departure record) with ADIT (temporary 1-551) stamps as temporary evidence of Legal Permanent Resident status without requiring an in-person appearance at field offices, for investors who have requested evidence of their LPR immigration status from USCIS.

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In this blog post, we provide new insights recently shared by Charlie Oppenheim, the former Chief of Immigrant Visa Control and Reporting at the U.S. Department of State, who oversaw the monthly publication of the Visa Bulletin until his retirement in 2022.

In a recent Chatting with Charlie webinar, he provided his expertise regarding the future movement of the employment based and family preference categories on the Visa Bulletin.

The Dates for Filing for the employment based and family sponsored preference categories have remained the same since the publication of the October Visa Bulletin with no forward movement to be seen.

In the month of February, the Final Action Dates progressed only slightly as follows:

Employment-based

  • EB-2 Worldwide advanced by two weeks to November 15, 2022
  • EB-3 India advanced by one month to July 1, 2012
  • EB-3 all other countries advanced by one month to September 1, 2022 (except China)
  • EB-5 China (Unreserved) advanced by one week to December 15, 2015.

Family-sponsored

  • F2A all categories (except Mexico) advanced by more than 3 months to February 8, 2020
  • F2A Mexico advanced by more than 3 months to February 1, 2020

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According to recent data released by the U.S. Citizenship and Immigration Services (USCIS), applications for U.S. Citizenship surpassed pre-pandemic levels in fiscal year 2023, welcoming 878,500 new citizens from all over the world.

To be eligible for naturalization, applicants must meet certain eligibility requirements set forth in the Immigration and Nationality Act (INA).

The requirements generally include being a lawful permanent resident (LPR) for at least five years or at least three years for spouses of U.S. Citizens. Applicants must establish that they have good moral character, have continuously and physically resided in the United States as a green card holder, be proficient in basic spoken and written English, pass the required civics and English examination, among other requirements. Please note that there are other special naturalization provisions that exempt certain applicants, including certain spouses of U.S. citizens and applicants with military service, from one or more of the general requirements for naturalization.

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The February 2024 Visa Bulletin was recently published by the Department of State.

While the Dates for Filing Chart remains unchanged from the previous month, the Final Action Dates Chart shows some modest advancements in some of the employment-based preference categories, specifically EB-1 worldwide continues to be current, EB-2 Worldwide will advance by two weeks to November 15, 2022, EB-3 Professional and Skilled Workers, India will advance by one month to July 1, 2012, and the rest of the world will advance by one month to September 1, 2022. EB-5 India will advance by one week to December 15, 2015, while the rest of the world will remain current.

For family-sponsored categories, the Final Action Dates for F2A Worldwide, F2A China, F2A India, and F2A Philippines will advance by more than 3 months to February 8, 2020, while F2A Mexico will advance to February 1, 2020. The February Dates for Filing remain the same as the previous month.

Whether you are applying for an immigrant visa at a U.S. Consulate overseas or applying for adjustment of status to permanent residence in the United States, you won’t want to miss these new updates.

Highlights of the February 2024 Visa Bulletin

Employment-based categories

  • The February Dates for Filing remain the same as January 2024

Final Action Dates

  • EB-1 India: The EB-1 India Final Action Date will remain at September 1, 2020.
  • EB-1 China: The EB-1 China Final Action Date will remain at July 1, 2022
  • EB-1 Worldwide: All other countries will remain current.
  • EB-2 India: The EB-2 Final Action Date for India will remain at March 1, 2012
  • EB-2 China: The EB-2 China Final Action Date will remain at January 1, 2020.
  • EB-2 Worldwide: Final Action Dates for the remaining countries in EB-2 will advance by two weeks, to November 15, 2022.
  • EB-3 Professional/Skilled Workers: The EB-3 Professional/Skilled Worker Final Action for China, will remain at September 1, 2020. India will advance by one month to July 1, 2012. Final Action Dates for the remaining countries in the category will advance by one month to September 1, 2022.

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On January 5, 2024, the U.S. Citizenship and Immigration Services (USCIS) released updated policy guidance describing how the agency analyzes an employer’s ability to pay the offered wage to prospective employees with employment-based immigrant petitions requiring a job offer, filed with USCIS under the first, second, and third preference categories, also known as EB-1, EB-2, and EB-3.

Specifically, the policy guidance clarifies how an employer’s ability to pay will be demonstrated where a beneficiary of a pending Form I-140 Immigrant Petition for Alien Worker, decides to change to a new employer under the American Competitiveness in the Twenty-First Century Act of 2000 (AC-21).

As a general matter, employers must be able to demonstrate their continuing ability to pay the offered wage to employees with petitions filed under the employment first, second, and third preference categories (EB-1, EB-2, EB-3) starting from the priority date of the underlying I-140 petition, until the beneficiary receives lawful permanent resident status (a green card).

Under the updated guidance, when an employee moves to a new employer under AC-21 while the underlying I-140 petition is still pending, USCIS will determine whether the petitioner meets its ability to pay requirement by only reviewing the facts in existence at the time of filing. This means that, USCIS will only consider initial evidence submitted with the petition (and any responses to Requests for Evidence) to determine if the petitioner has established its ability to pay from the priority date to the date of filing the I-140 petition.

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It’s official. The U.S. Citizenship and Immigration Services (USCIS) has confirmed that it will be increasing the validity period of work permits also known as Employment Authorization Documents (EADS) to 5 years, for certain categories of noncitizens who are employment authorized incident to their immigration status and those who must apply for employment authorization including:

  • Refugees
  • Asylees
  • Noncitizens paroled as Refugees
  • Noncitizens granted Withholding of Removal
  • Noncitizens with pending applications for Asylum or Withholding of Removal
  • Noncitizens with pending applications for Adjustment of Status (green cards) under INA 245
  • Noncitizens seeking Suspension of Deportation or Cancellation of Removal

Additionally, USCIS has released policy guidance clarifying that the Arrival/Departure Record (Form I-94) may be used as evidence of an alien’s status and employment authorization for certain EAD categories that are employment authorized incident to their immigration status or parole.

These changes can be found in the USCIS Policy Manual, and are also described in USCIS Policy Alert 2023-27 dated September 27, 2023.

What’s changed?

Previously, USCIS policy allowed for a maximum 2-year validity period of Employment Authorization Documents (EADs) for most categories of immigrants indicated above, and a maximum 1-year validity period for noncitizens paroled as refugees and those seeking suspension of deportation or cancellation of removal.

USCIS is now revising its guidelines to increase the maximum EAD validity period for these categories up to 5 years.

The purpose of increasing the validity period is to reduce the frequency in which noncitizens must file Form I-765 Application for Employment Authorization to renew their work permits (EADs).

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If you are considering applying for U.S. Citizenship in the new year, you may be interested to learn that yesterday December 15, 2022, the Department of Homeland Security (DHS), published a notice in the Federal Register announcing that U.S. Citizenship and Immigration Services (USCIS) plans to conduct trial testing of a newly redesigned naturalization examination for N-400 naturalization applicants in the year 2023.

The main purpose of the trial is to test an updated format of the civics component that evaluates an applicant’s knowledge and understanding of the fundamentals of U.S. history, as well as introduce a brand-new English-speaking component that may become the new standard of the N-400 examination.

Why the change?

The Department of Homeland Security (DHS) has implemented this change in response to President Biden’s Executive Order 14012, Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans, which includes a directive to review the naturalization process. To align with the goals of this Executive Order, USCIS has called for a review of the naturalization examination and recommended redesigning the speaking and civics test to improve testing standards.

How will the trial testing occur?

USCIS has said that the trial will be rolled out with the assistance of nationwide volunteer community-based organizations known as CBOs working with immigrant English language learners and lawful permanent residents preparing for naturalization. USCIS will seek approximately 1,500 individuals enrolled in adult education classes to take the trial test. The agency may use the results of the trial to support its proposed changes to the naturalization test.

The trial will test both the standardized English-speaking test as part of the requirement to demonstrate an understanding of the English language, and the civics examination with updated content and format. The trial testing will not include the reading or writing portions of the naturalization examination.

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