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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

AILA – The Non-Immigrant Visa Interview Waiver Process

Individuals who are required to obtain a visa to enter the United States must apply at a U.S. consulate abroad. A critical part of the application process involves an in-person interview at the consulate to verify information in the application and ask questions about eligibility for the visa. If the visa

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

What is a Proxy Marriage and Can it Be Filed with USCIS?

With the COVID-19 pandemic still ongoing and having a profound impact on families being separated by travel restrictions, engaged couples from around the world are becoming more creative in solemnizing their marriage vows. What was once a little-known concept used more often by military couples while the U.S. citizen was

USCIS Removes Biometrics Requirement for EB-5 Investors on Form I-526E Petitioners

The United States Citizenship and Immigration Services (“USCIS”) has removed the biometrics $85 biometrics fee requirement for petitioners filing Form I-526E, Immigrant Petition by Regional Center Investor.  Petitioners no longer need to submit the fee for biometrics services with their Form I-526E. The USCIS has determined that universal biometrics collection

U.S. CDC Rescinds COVID-19 Testing for Passengers from China

The U.S. Center for Disease Control (“CDC”) has rescinded a policy that air passengers boarding flights to the United States originating from the People’s Republic of China (“PRC”) and the Special Administrative Regions of Hong Kong and Macau have a negative COVID-19 test or documentation of recovery. The policy, which

USCIS Flexibility For Responding to Agency Requests Will Expire on March 23, 2023

The United States Citizenship and Immigration Services (“USCIS”) COVID-19 related flexibilities will expire on March 23, 2023. The USCIS, which has extended COVID-19 related flexibilities multiple times including March 2022, October 2022 and January 2023 are not expected to be further extended. The extensions have been in place to assist

USCIS Announces Additional Mail Delivery Process for Receiving ADIT Stamp

The United States Citizenship and Immigration Services (“USCIS”) has announced that lawful permanent residents may receive temporary evidence of their lawful permanent resident status by mail rather than having to physically visit a field office to receive an Alien Documentation, Identification and Telecommunication (“ADIT”) stamp (also known as an I-551

The Visa Waiting Time for the Family-Based First Preference Immigrant Visa Category

Family-based immigration is an important aspect of the United States immigration system, which allows citizens and lawful permanent residents to sponsor their close relatives. One of the family-based immigrant visa categories is the first preference category, which is for unmarried adult children (21 years or older) of U.S. citizens; often

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