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U.S. Government

Expediting Employment Authorization and Advance Parole Travel Documents

Five years ago, USCIS routinely took three months to issue employment authorization documents (EADs) and advance parole (AP) travel documents. Prior to the pandemic, USCIS was taking approximately six months to issue them. Now, USCIS can take nine months or longer to issue these documents. These delays create huge hardships to organizations

DOS Rescinds Tiered Approach Allowing Resumption of More Consular Services

As the COVID-19 pandemic continues to ease, the United States Department of State (“DOS”) has announced that the earlier tiered approach aimed at reducing backlogs has been rescinded. Instead of the tiered approach, DOS will focus on reducing wait times for all consular processing services while also protecting the health

USCIS Continues Its Additional 60 Days for Responding to Agency Requests

The United States Citizenship and Immigration Services (“USCIS”) announced that in response to the ongoing COVID pandemic, it is once again extending flexibility that it announced on March 30, 2020 in responding to agency requests. The USCIS is granting an additional 60 calendar days to respond to following requests: Requests

DOS Updates on Immigrant Visa Processing Delays

The United States Department of State (“DOS”) has announced updates to the tiered approach  to remove backlogs and resume normal consular operations at embassies and consulates that have been severely impacted by the COVID-19 pandemic. According to DOS, Tier 1, which includes immediate relative intercountry adoption visas and age-out cases

U.S. Consulate Operations in Vietnam Reduced until September 15th

The People’s Committee of Ho Chi Minh City has announced a full lockdown of the city until at least September 15th. As a result, the U.S. Consulate in Ho Chi Minh City is unable to process routine visa appointments and can only grant visa appointment requests in extraordinary circumstances such

U.S. Consulate in Ho Chi Minh City Cancels All Visa Appointments Until August 16

In compliance with Ho Chi Minh City’s Directive 16 which enforces additional social distancing measures, the U.S. Consulate has cancelled all immigrant and non-immigrant visa appointments through August 16, 2021. Immigrant visa applicants affected by this announcement will be required to reschedule their cancelled visa interview appointments once normal operations

Deferred Enforcement Departure for Certain Residents of Hong Kong

On August 5, 2021, President Biden issued the “Deferred Enforcement Departure for Certain Residents of Hong Kong” memorandum (the “Memorandum”), directing the Department of Homeland Security (“DHS”) to take appropriate measures to defer for 18 months the removal of Hong Kong residents presently in the United States. Hong Kong residents

Rescheduling Biometric Services Appointments

The United States Immigration and Citizenship Services (“USCIS”) has announced it has closed the Biometrics Processing Unit in Alexandria, Virginia and no longer accepts written requests to reschedule biometric services appointments at application support centers. You must now call the USCIS Contact Center to reschedule a biometric services appointment. The

USCIS Policy Update to “Requests for Evidence” and “Notices of Intent to Deny”

The U.S. Citizenship and Immigration Services (“USCIS”) has issued new policy guidance in the USCIS Policy Manual to address the circumstances in which officers should issue Requests for Evidence (“RFEs”) and Notices of Intent to Deny (“NOIDs”). In 2013, USCIS published guidance instructing officers to issue RFEs in cases involving

USCIS Announces New Policy Highlights for Expedited Processing

The United States Citizenship and Immigration Services (“USCIS”) has released a new policy update pertaining to expedited processing. Under the updated criteria, USCIS provides further guidance as to whether expedited processing may be warranted. The new policy highlights include the following: Clarifies criteria and circumstances under which USCIS will generally

U.S. Citizens May Return to the United States on Expired Passports

The U.S. Customs and Border Patrol (“CBP”) and the Department of State (“DOS”) have announced that beginning May 21, 2021, U.S. citizens will be able to return to the United States on an expired U.S. passport until December 31, 2021, if they: are a U.S. citizen. are currently abroad seeking

Announcement – Rescheduling USCIS Biometric Services Appointments by Phone

The U.S. Citizenship and Immigration Services (“USCIS”) announced that applicants, petitioners, and beneficiaries may now call the USCIS Contact Center (1-800-375-5283) to reschedule their biometric services appointments that were scheduled at a USCIS Application Support Center (“ACS”).  Previously, applicants had to submit requests in writing to reschedule biometrics appointments. This

What is an I-864 Affidavit of Support?

What is an I-864 Affidavit of Support? A USCIS Form I-864 Affidavit of Support is required for many immigrant visa categories in order to show that the sponsoring petitioner (“Sponsor”) has adequate means to financially support the person(s) being sponsored to immigrate. The I-864 Affidavit of Support is a contract

USCIS Again Extends Flexibility for Responding to Agency Requests

The  United States Citizenship and Immigration Services (“USCIS”) is once again extending  flexibility the agency  announced on March 30, 2020, to assist applicants and petitioners who are responding to these agency requests : Requests for Evidence; Continuations to Request Evidence (N-14); Notices of Intent to Deny; Notices of Intent to

DHS Announces End to Public Charge Litigation

The United States Department of Homeland Security (“DHS”) has announced that the Department of Justice (“DOJ”) will no longer appeal judicial decisions invalidating or enforcing the 2019 Public Charge rule. Noting that litigating inadmissibility based on public charge is neither in the public interest or an efficient use of limited

USCIS to Replace Sticker That Extends Validity of Green Cards

Starting in January 2021, the United States Citizenship and Immigration Services (“USCIS”) will replace the sticker that is currently issued to lawful permanent residents (“LPRs”) to extend the validity of their Form I-551, Permanent Resident Card (“Green Card”).  The new document will be a revised Form I-797, Notice of Action

Trump Extends Restrictions on Immigrant and Nonimmigrant Visa Applicants Through March

United States President Donald Trump has extended an earlier Presidential Proclamation restricting certain immigrant and nonimmigrant visa categories from consular processing in response to the growing COVID-19 pandemic. The Executive Order (“EO”), which was first issued in April 2020, restricted certain immigrant visa applicants from receiving their visas for at

Department of State Announces Plans to Resume Routine Visa Services

The United States Department of State (“DOS”) has announced that routine visa processing at Embassies and Consulates will resume on a post-by-post basis consistent with DOS’s guidance for safely returning to the full services. As on the ground conditions improve, DOS will begin providing services leading to the eventual full

U.S. Court of Appeals Allows Public Charge Rule to Continue

In what appears to be a judicial game of tennis, the United States Court of Appeals for the 7th Circuit overturned  a lower federal judge’s decision to stop the United States Department of Homeland Security’s (“DHS”) public charge rule and is allowing DHS to continue to implement the rule. On

Public Charge Rule is Now Stopped – Again – In Latest Round of Litigation

A federal judge has stopped the United States Department of Homeland Security (“DHS”) public charge rule which was recently allowed to proceed after an injunction was lifted by the United States Circuit Court for the Second Circuit. Judge Gary Feinerman of the U.S. District Court for the Northern District of

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