USCIS Update to the Nunc Pro Tunc Asylum Filing Procedure
In a previous blog post, I wrote about the nunc pro tunc asylum procedure which provides certain asylees with a way to adjust status and get their permanent residence even after they have lost their derivative relationship with the principal asylee (ie. due to Naturalization of the principal, death of the principal, or marriage of…
USCIS announces additional extension of time to respond to certain Agency Requests
USCIS again announced that in response to the global COVID-19 pandemic it would extend (for the fourth time) additional flexibility measures and grant additional time to certain applicants, petitioners, and requestors who were responding to certain agency requests. This extension is a continuation of the original extension that USCIS announced on March 30, 2020. This…
Department of State updates instructions for Immigrant Visa Applicants who were refused under Presidential Proclamations 9645 or 9983
The United States Department of State has provided updated instructions on immigrant and nonimmigrant visa processing after the rescission of Presidential Proclamations 9645 and 9983. These Trump-era Proclamations temporarily suspended entry into the United States of certain nationals, depending on visa type, who were from Burma, Eritrea, Iran, Kyrgyzstan, Libya, Nigeria, North Korea, Somalia, Sudan,…
The End of the Trump-era Public Charge Rule
Its official! The Trump-era Public Charge Rule has found its way to the dust bin of history. Acting on a joint request from the Biden Administration (which refused to defend the policies in court) and the Plaintiff that was challenging the Rule, on March 9, 2021 the U.S. Supreme Court dismissed a case that was…
What happens if I get divorced after I file a Joint I-751 Petition to Remove Conditions on Residence?
Over the years, I have received many inquiries from prospective clients who have separated or are considering separating from their spouse after they file a joint I-751 Petition to Remove Conditions on Residence. As I have explained in earlier blog posts, joint petitioners may still move forward with their I-751 as long as neither party…
Once again … USCIS Extends Flexibility for Responding to Agency Requests.
USCIS again announced that in response to the global COVID-19 pandemic it would extend (for the third time) additional flexibility measures and grant additional time to certain applicants, petitioners, and requestors who were responding to certain agency requests. Q: Which USCIS Requests, Notices, and Decisions are covered by the Extension? A: The Extension of Additional…
Court orders the complete restoration of the DACA program.
On Friday, December 4, 2020, a U.S. federal judge ordered the Trump administration to completely restore the DACA program and to open it up to new applicants. Pursuant to the court order, the U.S. Department of Homeland Security (DHS) was instructed to post a public notice by Monday, December 7, 2020 which states that DHS…
Eddie Van Halen (January 26, 1955 – October 6, 2020) – Another Immigrant who lived the American Dream!
For as long as I can remember, I have always been passionate about music. When I was 12 years old, I started playing the guitar, with dreams of becoming a rock and roll star when I grew up (LOL!). One of my idols at that time was Eddie Van Halen, from the band Van Halen,…
USCIS Announces Transfer of I-751 Petitions from the Texas Service Center (TSC) to the National Benefits Center (NBC)
USCIS has recently announced that it transferred certain I-751 Petitions to Remove Conditions on Residence from the Texas Service Center, where they were pending, to the National Benefits Center (NBC) for further processing. Why did USCIS Transfer the I-751 Petitions to NBC? When necessary, USCIS transfers cases between its five service centers in order to…
U.S. Department of Homeland Security to Resume applying Final Public Charge Rule
Based on the September 11, 2020 ruling of the United States Court of Appeals for the Second Circuit, the U.S. Department of Homeland Security (DHS) will resume applying the Final Public Charge Rule on a nationwide basis. This means that DHS will apply the Public Charge Rule to all applications and petitions that were postmarked…