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  • Green Card,  Policy Change

    USCIS Extends Green Card Extensions to 24 Months For Green Card Renewals

    September 28, 2022 /

    On September 28, 2022, USCIS announced effective September 26, 2022, they will automatically extend green cards for an additional 24 months for those who have filed for a renewal. Green card holders who have applied to renew their expired or expiring green cards will receive a 24-month extension notice, which used to be 12 months. For those who applied for renewal prior to September 26, USCIS should be sending new receipt notices to reflect the 24-month extension. To renew a green card, the earliest a renewal can be sent is within 6 months before the current green card expires. Almost all green card renewals are never approved within 6 months…

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    Important Information on the Public Charge Rule Effective 2/24/2020

    February 7, 2020

    Who Can Petition for Who In Family-Based Immigration Cases

    July 10, 2018
    Violence Against Women Act

    Obtaining a Green Card Under the Violence Against Women Act (VAWA)

    October 5, 2018
  • Green Card,  Policy Change

    USCIS Updated Policy on the 3-Year and 10-Year Unlawful Presence Bars

    September 6, 2022 /

    On June 24, 2022, USCIS issued new guidance on the 3 and 10-year bars and green cards, but this new policy will only apply to a limited group of people. You can go read my post here that goes into detail about these unlawful presence bars. A brief summary of the 3 and 10-year bar is this – if a person has been in the U.S. beyond their authorized period of stay for more than 180 days but less than a year and they leave, they will be barred from coming back to the U.S. for 3 years. If the person stays for more than 1 year beyond their authorized…

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    Which One Processes Faster? A Fiance(e) Visa or Spouse Visa?

    September 23, 2022

    Who Can Petition for Who In Family-Based Immigration Cases

    July 10, 2018

    The 3 Agencies Involved in Immigrant Visa Cases: USCIS, NVC, and the U.S. Consulate/Embassy

    September 14, 2021
  • Policy Change

    USCIS to Offer Premium Processing for Certain I-765 EAD Applications (Work Permits)

    June 13, 2022 /

    USCIS published a final rule called Implementation of the Emergency Stopgap USCIS Stabilization Act in the Federal Register at 87 FR 18227 (March 20, 2022). This rule went into effect on May 31, 2022. One of the provisions in this rule is the option for people to pay an optional premium processing fee (it’s an expedite fee) to get their work permits processed sooner. However, the payment of the premium processing fee is not available for work permit applications yet and will become available once USCIS completes all the necessary logistical steps to get it implemented. USCIS stated that it plans to implement this in the fiscal year 2022. See…

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    What You Need to Know About the New Public Charge Rule Effective 10/14/2019

    September 3, 2019

    The U.S. Supreme Court Will Determine the Fate of DACA With A Decision By June 2020

    November 13, 2019

    Department of Homeland Security Announces Final Rule For H-1B Processing for FY 2020

    February 18, 2019
  • Employment-Based Immigration,  Family-Based Immigration,  Green Card,  Lawful Permanent Residency,  Policy Change,  U.S. Citizenship

    Why Could Your Case Be Taking So Long? USCIS Processing Delays Remain at Crisis Level

    September 24, 2021 /

    Nationwide, you and millions of families, businesses, and individuals applying for immigration benefits are waiting longer for U.S. Citizenship and Immigration Services (USCIS) to process and approve applications and petitions. Based on previously available USCIS data, in Fiscal Year (FY) 2014, an average case took about five months to process. In FY2020, an average case took more than nine months. Anyone who files applications or petitions with USCIS is affected. You and other people applying for family-based benefits, employment-based benefits, naturalization, travel documents, and employment authorization are all experiencing delays. Between FY2017 and FY2019, USCIS’s processing times for all petitions and application form types rose more than 37%. The dramatic…

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    Specialty Chefs and Green Cards

    June 17, 2019

    An Overview of What You Need to Know About the EB-3 Category

    September 12, 2018

    COVID-19 Vaccines Will Be Required for Green Card Applicants Starting October 1, 2021

    September 2, 2021
  • Employment-Based Immigration,  Family-Based Immigration,  Green Card,  Lawful Permanent Residency,  Policy Change

    COVID-19 Vaccines Will Be Required for Green Card Applicants Starting October 1, 2021

    September 2, 2021 /

    Starting October 1, 2021, U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State will require COVID-19 vaccinations for all applicants applying for refugee or lawful permanent residence, with some exceptions. All applicants who receive their medical examination ON OR AFTER October 1, 2021, must complete the COVID-19 vaccine series and provide documentation of vaccination. This change will impact anyone who completes the medical exam ON OR AFTER October 1, 2021. If the exam is completed BEFORE October 1, 2021, and it remains valid, the COVID-19 vaccine will not be required. Waivers for the vaccine may be available in these scenarios: -Not age-appropriate -Contraindiction – a reason for…

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    If You Are A Restaurant Owner, Petitioning for A Specialty Chef Is An Option

    November 12, 2018

    Overview of the L-1A Visa – Intracompany Tranfers

    September 21, 2018

    The PERM Process – Getting U.S. LPR Status Through an Employer

    July 13, 2018
  • Policy Change

    Quicker Work Permits for U Nonimmigrant (U Visa) Petitioners and Qualifying Family Members

    August 6, 2021 /

    On June 14, 2021, USCIS issued a policy alert that will give principal petitioners (the main applicant) and qualifying family members with pending and valid U visa petitions work permits. To find out what a U visa is, you can go to my blog post here. The terms U nonimmigrant status and U visa are often used interchangeably but generally refer to the same immigration benefit. For purposes of this post, I will use the term U visa since that is the term that most people are familiar with. For anyone who has applied for a U visa, there is a huge backlog. I remember when I first started working…

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    Linh

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    What You Need to Know About Your Social Media Accounts and Your Immigration Case

    September 6, 2018

    The U.S. Supreme Court Will Determine the Fate of DACA With A Decision By June 2020

    November 13, 2019

    Important Information on the Public Charge Rule Effective 2/24/2020

    February 7, 2020
  • News,  Policy Change

    The First 100 Days of the Biden Administration – Immigration Edition

    February 3, 2021 /

    In President Biden’s first 100 days in office, he will be proposing many immigration-related policy changes and executive orders, as well as an immigration bill. Click here to read more about those plans. Here are some of the immigration-related issues that the Biden administration has said it will address: Reverse the Trump Administration’s policies that separate parents from their children at our border, including ending the prosecution of parents for minor immigration violations as an intimidation tactic, and prioritize the reunification of any children still separated from their families. End Trump’s asylum policies. Surge humanitarian resources to the border and foster public-private initiatives, and increase U.S. government resources to support migrants awaiting…

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    The Takeover of the House of Representatives by the Democrats: What This Could Mean for U.S. Immigration

    November 7, 2018

    The Coronavirus (COVID-19) and the Impact on U.S. Immigration

    March 6, 2020

    Ukraine Designated for Temporary Protected Status (TPS) for 18 Months

    March 8, 2022
  • Policy Change

    Public Charge Rule Updates and Other U.S. Immigration Changes Due to COVID-19

    August 18, 2020 /

    No one can deny that this year has been full of uncertainty and changes because of the pandemic. I cannot think of one sector or industry that has not been affected in one way or another, including our U.S. immigration system. Many changes have happened and as attorneys, we have had to navigate our way through these unprecedented times staying up to date on current events and how they will be affecting our clients’ cases. Within our immigration system, there are many different areas. For example, we have the immigration courts, the U.S. Department of State, USCIS (U.S. Citizenship and Immigration Services), and the National Visa Center (NVC). Because of…

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    U.S. Immigration and the 3 Ps – Processing Times, Policy Changes, and the President

    July 16, 2018

    The First 100 Days of the Biden Administration – Immigration Edition

    February 3, 2021

    COVID-19 Vaccines Will Be Required for Green Card Applicants Starting October 1, 2021

    September 2, 2021
  • Policy Change

    USCIS Raising Filing Fees Effective October 2, 2020

    August 4, 2020 /

    *Update: On September 29, 2020, a federal judge blocked the filing fees from increasing at this time. USCIS is raising its fees by an average of 20%, but some fees will increase by much more than that. If you have an immigration case that can be filed before that date, you should do so. Below is a table of the new fees. You can also find the final rule here.

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    Department of Homeland Security Announces Final Rule For H-1B Processing for FY 2020

    February 18, 2019

    U.S. Immigration and the 3 Ps – Processing Times, Policy Changes, and the President

    July 16, 2018

    USCIS Updated Policy on the 3-Year and 10-Year Unlawful Presence Bars

    September 6, 2022
  • Employment,  H-1B,  Policy Change

    President Trump Issues Proclamation Suspending Entry of H-1B, H-2B, L, and J Visas

    July 6, 2020 /

    On June 22, 2020, President Trump issued a proclamation that suspends issuance of H-1B, H-2B, J and L visas until at least December 31, 2020. The suspension could be extended depending on the circumstances at that time. This proclamation also extends the proclamation from April 22, 2020, that bans certain immigrants from coming into the U.S. until the end of the year, which was originally set to expire sixty days later. I had written a blog post about that proclamation here. This current proclamation only affects people who are currently outside the U.S. who want to get one of those types of visas to come into the U.S. If a…

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    An Overview of What You Need to Know About the EB-3 Category

    September 12, 2018

    Overview of the H-1B Visa and Why They May Be Getting Harder to Get

    July 5, 2018

    Overview of the L-1A Visa – Intracompany Tranfers

    September 21, 2018
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