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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

USCIS Premium Processing Fees to Increase as of October 19

On October 19, 2020, United States Citizenship and Immigration Services (“USCIS”) premium processing fees will increase in accordance with the Continuing Appropriations Act signed into law on October 1, 2020.. USCIS premium processing allows a petitioner to receive a decision within 15 business days by submitting a Form I-907, Request

DOS to Allow Certain Non-immigrant Visa Applicants to Proceed with Interviews

Following the United States Federal District Court for the Northern District of California issuing a narrow injunction against the United States Department of State, certain nonimmigrant visa applicants that were previously subjected to U.S. President Donald Trump’s immigration ban executive order will no longer be subjected to the executive order.

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The U.S. Center for Disease Control (“CDC”) has rescinded a policy that air passengers boarding flights to the United States originating from the People’s Republic of China (“PRC”) and the Special Administrative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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