How Can I Expedite a Petition with USCIS?
Quick Summary: USCIS Expedite Requests Question Answer What does an expedite request do? Asks USCIS to prioritize your case ahead of others in the queue Which petitions does it apply to? I-130, I-129F and many other pending USCIS petitions Is approval automatic? No; reviewed case by case Is there an additional fee? No fee for […]
A Child Born Outside The U.S. To A Lawful Permanent Resident May Not Need A Visa To Enter the United States
Quick Summary Question Answer Does a child born abroad to an LPR need a U.S. immigrant visa? Possibly not, if all 3 conditions are met Entry deadline after birth? Child must enter the U.S. within 2 years of birth What must the LPR parent do? Must accompany the child and this must be the first […]
USCIS Extends Certain EAD Validity to Five Years
The United States Citizenship and Immigration Services (“USCIS”) is updating its Policy Manual regarding maximum validity for Employment Authorization Documents (“EAD”) issued to certain non-U.S. citizens. Non-U.S. citizens (i.e. those in the United States without Green Cards) must have employment authorization in order to work legally inside the United States. While certain categories of non-U.S. […]
How Long Does My Passport Have to Be Valid Before Being Issued a U.S. Visa?
Quick Summary: Passport Validity Requirements by Nationality Nationality Minimum Passport Validity When Filing Notes Vietnamese 8 months from intended U.S. entry date Higher than the standard 6-month rule that applies to most countries Filipino 6 months from intended U.S. entry date Standard requirement Taiwanese 6 months when applying for a visa; VWP travelers may enter […]
USCIS Issues Policy Guidance on Rescheduling Biometrics Appointments
The United States Citizenship and Immigration Services (“USCIS”) has issued policy guidance for rescheduling biometric appointments at Application Support Centers (“ACS”). The new policy highlights include the following: Rescheduling requests must be made online through myUSCIS or by calling the USCIS Contact Center. The USCIS will not accept rescheduling requests by mail or in-person at […]
USCIS Issues New Policy Guidelines In Calculating a Child’s Age under the Child Status Protection Act
The United States Citizenship and Immigration Services (“USCIS”) has issued new guidelines in the agency’s policy manual in determining when an immigrant visa number “becomes available” for purposes of calculating an immigrant visa applicant’s age under the Child Status Protection Act (“CSPA”). In order for a child to be issued an immigrant visa or be […]
Nonimmigrant Visas and I-485 Employment Authorization Document Approval – Valid Status
Quick Summary: I-485, EAD and Nonimmigrant Status Question Answer What is adjustment of status (I-485)? The process of changing from nonimmigrant to lawful permanent resident status while remaining inside the United States Who can file Form I-485? People lawfully present in the U.S. on a nonimmigrant visa who are the beneficiary of an approved immigrant […]
USCIS Updates its Policy to Automatically Extend Green Cards for Naturalization Applicants
Effective December 12, 2022, the U.S. Citizenship and Immigration Services (“USCIS”) updated the USCIS Policy Manual to allow it to automatically extend the validity of Permanent Resident Cards (commonly called “Green Cards”) for lawful permanent residents who have applied for naturalization to become U.S. citizens. This update is expected to help naturalization applicants who experience […]
Petition and Application Filing Tips from USCIS
Quick Summary: USCIS Paper Filing Recommendations Question Answer Where do these recommendations come from? Official USCIS guidance on paper filings to avoid scanning delays Why does USCIS have these rules? USCIS is digitizing records and scans all paper submissions into its electronic database Can I staple or hole-punch documents? No, this disrupts the scanning process […]
Partial Investments in the EB-5 Immigrant Investor Program
The EB-5 immigrant investor regulations allow an investor to make a partial investment at the time of filing the Form I-526 and Form I-526E, Immigrant Petition by an Investor and to make the remaining investment at a later date. This is confirmed by the United States Citizenship and Immigration Services (“USCIS”) Policy Manual guidance at […]