Tag: U.S. Citizenship and Immigration Services (USCIS)

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Heads up! USCIS eyes hiking fees

Heads up! USCIS eyes hiking fees
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The US Citizenship and Immigration Services (USCIS) is planning on hiking its fees because of budget cuts.

These are huge hike increases. If approved, some of the fees will be more than doubled, while most will rise by hundreds of dollars.

The rate hike, if passed, will discourage employers from sponsoring foreigners into their organizations. It may also be a big financial burden to American citizens who seek to sponsor relatives into the country.

The USCIS has published an extensive document about the proposal, but here are the important proposed fee hikes you need to know about, as compiled by WolfsDorf:

  • Application for Employment Authorization – Online, from current $410 to new $555
  • Application for Employment Authorization – Paper, from current $410 to new $650
  • Application for Employment Authorization – Online and Paper (with biometric services), from current $495 to new $650
  • H-1B Pre-Registration Fee, from current $10 to proposed $215
  • I-129 Petition for a Nonimmigrant Worker: H-1 Classifications, from current $460 to proposed $780
  • I-129 Petition for L Nonimmigrant Worker, from current $460 to proposed $1,385
  • I-129 Petition for O Nonimmigrant Worker, from current $460 to proposed $1,055
  • I-140 Immigrant Petition for Alien Worker, from current $700 to proposed $715
  • H-2A Petition – Named Beneficiaries, from current $460 to proposed $1,090
  • H-2A Petition – Unnamed Beneficiaries, from current $460 to proposed $530
  • H-2B Petition – Named Beneficiaries, from current $460 to proposed $1,080
  • H-2B Petition – Unnamed Beneficiaries, from current $460 to proposed $580
  • I-526 Immigrant Petition by Standalone Investor, from current $3,675 to proposed $11,160
  • Immigrant Petition by Regional Center Investor, from current $3,675 to proposed $11,160
  • Application for Regional Center Designation, from current $17,795 to proposed $47,695
  • I-485 Application to Register Permanent Residence or Adjust Status (with biometric services), from current $1,225 to proposed $1,540

As seen above, these proposed rate hikes cannot be taken lightly.

But the good news is it’s not final yet. The USCIS wants to hear your input on the proposals. Its 60-day public comment period will end on March 6.

To submit your comment, you can go to https://www.regulations.gov, and type “Docket No. USCIS-2021-0010” in the search bar.  From there, follow the prompts to submit comments. 

For more information on the rate hikes and how to beat them, consult a trusted immigration lawyer.

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Updates

Who’s a ‘public charge’? Here’s how USCIS will decide

Who’s a ‘public charge’? Here’s how USCIS will decide
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Come December 23, 2022 the US Citizenship and Immigration Services (USCIS) will follow new rules to determine whether a person seeking residence is a “public charge.”

Being deemed a public charge – someone who causes more burden than benefit to the United States – can determine admission into the US and the chance to become a lawful permanent resident.

This is very important especially for noncitizens, since many have reportedly withdrew themselves from availing of public benefits because of the fear of being seen as a public charge.

Let’s talk about what the USCIS’s new standards starting December 23, 2022.

Under the final rule, USCIS will determine if you are likely to become a public charge based on the following:

  1. Your age, health, family status, financial status (including assets and resources), education, and skills;
  2. Whether a sponsor has submitted Form I-864, Affidavit of Support Under Section 213A of the INA, for you (when required)
  3. Whether you have received or are receiving:
  • Supplemental Security Income (SSI);
  • Cash assistance for income maintenance under Temporary Assistance for Needy Families (TANF);
  • State, tribal, territorial, or local cash benefit programs for income maintenance (often called “General Assistance”); or
  • Long-term institutionalization at government expense.

DHS will not consider in public charge determinations – benefits received by family members other than the applicant.

  • receipt of certain non-cash benefits for which noncitizens may be eligible. 

These benefits include: Supplemental Nutrition Assistance Program (SNAP) or other nutrition programs, Children’s Health Insurance Program (CHIP), Medicaid (other than for long-term institutionalization), housing benefits, any benefits related to immunizations or testing for communicable diseases, or other supplemental or special-purpose benefits.

To ensure that USCIS agents will enforce these standards fairly and humanely, the Department of Homeland Security will publish a policy manual update to guide officers.

The DHS will also reach out to communities to clarify what the new rules mean for them, their families, and the people they care about who might be scared of being labeled as a public charge.

To learn better about how to avoid being seen as a public charge, reach out toa trusted immigration lawyer.

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Updates

H-2B visa – A Path to Employment in post-Pandemic USA

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A significant number of U.S. employers are experiencing a shortage of employees as a result of the “Great Resignation” brought about by the pandemic.

With this reality U.S. businesses find themselves in need of employees who either left or were let go during the height of the coronavirus outbreak.

The United States Citizenship and Immigration Services (USCIS) allows only 66,000 visas for each fiscal year. But recently, more visa numbers are being added to this temporary work program. USCIS announced in May 2022 that 35,000 additional H-2B visas were made available for the second half of the fiscal year 2022.

The H-2B visa could well be any immigrant’s path to employment in the United States, albeit only temporarily.

What is the H-2B?

The H-2B visa is also known as the temporary nonagricultural worker visa.

These are given to non-Americans who would like to work for companies that would otherwise suffer “impending irreparable harm” if they did not employ non-citizens.

Here are the conditions that need to be met for granting the visa:

  1. The employment needs to be for a limited period
  2. The limited period must be less than a year
  3. The employers must prove that there are not enough American workers to do the temporary work
  4. The employment of the non-Americans must not affect the wages for American workers posted in similar jobs

Those who wish to get an H-2B meanwhile need to get a job offer from an American employer that can meet the above criteria.

Applicants need to prove that they will return to their country after the temporary employment.

After the first limited period is complete, the employee can extend their employment for up to 3 years if the employer can prove that the employee is still needed.

The problem and the opportunity

The problem is that within days of the USCIS’s announcement, the cap for applications was already reached.

But, this is not the end for H-2B and other paths for employment.

The 35,000 cap was announced after the US Bureau of Labor and Statistics reported 11.4 million job openings in April.

Months later, employers are still looking for employees, and they may well have their sights beyond America alone.

For tailored advice for those interested in the H-2B and other topics on migration, do not hesitate to reach out to a legal expert.

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Updates

Planning Ahead: Expediting Employment Authorization Documents

USCIS Expediting Employment Authorization Documents
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Five years ago, the United States Citizenship and Immigration Services (USCIS) routinely took 3 months to issue employment authorization documents (EADs) and advance parole (AP) travel documents. Prior to the pandemic, USCIS was taking approximately 6 months to issue them. Now, USCIS can take 9 months or longer to issue these documents. These delays create huge hardships to organizations and individuals.

Requesting Expedited Processing

The best way to handle these delays is to plan ahead. You may file for an extension up to 180 days prior to the expiration of your EAD and AP. Plan to apply for an extension of the interim benefits the full six months before they expire. If applying for the initial EAD or AP, plan that it will be several months before it is issued and budget accordingly, taking into account current restrictions on international travel.

If the applicant must be fingerprinted, USCIS will not consider an expedited request until after the applicant has been fingerprinted. Consequently, it is extremely difficult to expedite first-time applications.

USCIS may expedite the issuance of an EAD or AP in limited, specific circumstances:

  • Severe financial loss to a company or person, provided that the need for urgent action is not the result of the applicant’s failure: (1) to timely file the benefit request; (2) to timely respond to any requests for additional evidence.
  • Emergencies and urgent humanitarian reasons.
  • Nonprofit organization (as designated by the Internal Revenue Service (IRS)) whose request is in furtherance of the cultural and social interests of the United States.
  • U.S. government interests (including urgent cases for federal agencies such as the U.S. Department of Defense, U.S. Department of Labor, DHS or other public safety or national security interests).
  • Clear USCIS error.
  • Healthcare worker with a pending EAD renewal.

As a practical matter, USCIS is more likely to honor requests for expedited treatment by school districts or federal government agencies than requests based on severe financial loss or urgent humanitarian reasons. Also, non-profit organizations that have a clear, easily understood, valuable public mission are more likely to have their requests honored.

Will USCIS Grant My Case Expedited Processing?

The reason for the expedited request must be explained in a clear and simple manner, backed up with any available documentation. Even in compelling circumstances with sympathetic parties, USCIS may not expedite a case. Critically, if USCIS perceives that there is a viable alternative for the applicant or that an organization is making too many requests, the agency is less likely to grant the expedited request. Vague requests or requests that show ordinary, predictable outcomes (loss of income), are less likely to be honored.

Even if USCIS approves the expedited processing, it will take several weeks for the documents to be issued. Consequently, it may take at least a month to get an interim document.

For more information on expediting EADs and/or APs, please contact Tancinco Law P.C. at 1 888 930 0808 or at www.tancinco.com.

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Updates

How Recent COVID-19 Operational Changes in U.S. Immigration Agencies Impact Your U.S. Immigration Petitions/Status

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As most U.S. government agencies resume operation, Tancinco Law, P.C. compiles a summary of what you need to know about your immigration petitions pending with different offices. In addition, we also have described travel restrictions imposed in the Philippines and the United States as it relates to a Filipino/American citizen traveler.

U.S. CITIZENSHIP AND IMMIGRATION SERVICE (USCIS)

Emergency Services

On June 4, 2020, the local U.S. Citizenship and Immigration Services announced that their local offices have re-opened for non-emergency in person services. As of this writing, USCIS is only scheduling local InfoMod appointments. These are cases where the individual has an emergent need such as ADIT stamp or proof of lawful residence and issuances of advance parole.  Physical interview schedules or rescheduled on immigrant benefit applications are yet to be mailed. Slowly USCIS will safely resume in person services. Those who need emergency document services may make an appointment www.uscis.gov/contactcenter or call 1 800-375-5283.  There will be no entry for those with no appointments. No walk in visits at the USCIS.

Naturalization: Oath Taking Ceremonies 

Notices of rescheduled oath taking ceremonies will be mailed out. So those who passed their citizenship tests and are waiting to take their oath will soon receive notices. As USCIS safely resumes in-person services, some naturalization ceremonies may be conducted differently than in the past. You may receive supplemental information from USCIS that provides detailed instructions for your ceremony. 

Biometrics

USCIS announced that in certain cases, it will issue notifications of biometrics reuse to eligible individuals instead of coming to the Application Support Center for biometrics. For those not eligible for the reuse of biometrics, notices of new schedule will soon be mailed on their cancelled biometrics appointments. If you do not receive notification of biometrics or appointments within 90 days of USCIS opening, you may call 1-800-375-5283.

DEPARTMENT OF STATES: CONSULAR PROCESSING

NATIONAL VISA CENTER (NVC)

Applications and submissions of documents with the National Visa Center’s online platform ,CEAC, is fully operational.

As of June 1, 2020, the National Visa Center will no longer accept or respond to inquiries through mail. Inquiries including urgent medical or humanitarian situations are to be submitted through a Public Inquiry Form at https://nvc.state.gov/inquiry. As of June 1, 2020, NVC is responding to inquiries received on May 23, 2020.

Documents will only be mailed if there are explicit instructions from the National Visa Center to do so and those instructions were received through email, telephone call or letter from the National Visa Center.

Beneficiaries of visa petitions are reminded of the “one year contact” requirement that they should apply for the immigrant visa within one year of notice of visa availability or risk termination of the registration  or revocation of the visa petition.

U.S. EMBASSY IN MANILA

The Department of State announced that each post will reopen on their own timeline based on the situation in the respective country. 

On Visa Applications and Interviews:

As per June 8, 2020 communication with the U.S. Embassy in Manila the following response was provided:

The U.S. Embassy in the Philippines has canceled all immigrant and nonimmigrant visa interviews scheduled through July 3 due to the Philippines’ community quarantine measures to reduce the spread of COVID-19.

We will resume routine visa services as soon as possible but are unable to provide a specific date at this time. We appreciate your patience and understanding.

After the community quarantine is lifted in Metro Manila, all affected applicants should reschedule their visa interviews through the Embassy call center by phone at +63 (2) 7792-8988 or +63 (2) 8548-8223, or through the online appointment system at ustraveldocs.com/ph.

There is no fee to change an appointment and visa application fees are valid for one year in the country where the fee was paid.

With no specific date and time to reopen, all visa applicants who wish to reschedule their interview may call the phone numbers provided or go online and access the U.S. Embassy’s online appointment system.

On Expired Visa and Inability to Travel Because of COVID-19

If a visa has been issued but the applicant cannot travel, the U.S. Embassy in Manila when it opens may be able to reprint a visa foil if the underlying documents have not expired. Where the documents expire while waiting to be able to travel to the U.S. the applicant will be required to obtain new documents. 

IMMIGRATION COURTS

The immigration judges continue to hear cases of individuals who are in detention. 

On Monday, June 15, 2020, Honolulu Immigration Court will resume hearings for non detained cases.

For individuals within the jurisdiction of Boston, Buffalo, Dallas, Hartford, Las Vegas, Memphis and New Orleans, immigration court hearings for non-detained cases will resume on Monday June 29, 2020. In all other immigration courts outside of those mentioned, hearings are postponed through and including Friday June 26, 2020. Those with hearing notices scheduled on or before June 26, 2020 will receive new Notices of Hearing. It is more important to check with your legal counsel about the status of your hearing with the immigration court so as not to miss your hearing dates.

IMMIGRATION & CUSTOMS ENFORCEMENT (ICE)

ICE Arrests

ICE maintains that in light of the ongoing COVID-19, the agency adjusted its enforcement posture beginning March 18, 2020 and limited arrest to those cases that are with highest priorities to promote life saving and public safety activities. Note that this does not mean that they are suspending arresting individuals with criminal history or those subject to mandatory detention.

ICE emphasized that it shall abide by its sensitive locations policy during the COVID-19 crisis and will not carry out enforcement operations at or near health care facilities, such as hospitals, doctors offices, accredited health clinics & emergent or urgent care facilities. Note though that ICE agents are present during protests despite the fact that these are considered sensitive locations. Unauthorized immigrants including DACA recipients joining the rallies/protests must be aware of their rights should they be taken into custody.

ICE Check Ins

Individuals required to report regularly to ICE for in person check-ins have been allowed to do so through alternative means. As of April 17, 2020, the in-person reporting has been temporarily suspended. However, individuals who are subject to the reporting requirement in lieu of detention/removal are still mandated to report either by calling or telephone check ins. For stays of removal applications, ICE-ERO will accept I-246 by mail.

 

TRAVEL TO THE PHILIPPINES AND UNITED STATES

Travel to the Philippines

Under existing guidelines, arriving U.S. citizens or non Filipinos are still not allowed to enter the Philippines even after 31 May 2020. Only OFWs, Foreign nationals married to Philippine citizens including their dependent children and foreign diplomats are allowed to enter the country.

All non-Filipinos who intend to depart the country can leave anytime. Filipinos are not allowed to leave unless they are OFWs, permanent residents, or holders of student visas in their countries of destination.However, they may have challenges in booking a flight as most of the international flights remain suspended.

Passengers Not Subject to the Restrictions and Who Are Arriving in the Philippines Subject to Mandatory Quarantine

All travelers to Manila will undergo the usual thermal scan upon arrival. If a passenger is showing symptoms of the COVID-19, s/he will undergo a real-time polymerase chain reaction (RT-PCR) test. Travelers whose test results are positive will be transferred to a designated hospital for further medical management.

Those who do not have symptoms will undergo a mandatory quarantine where a baseline rapid test will be conducted. While waiting for the results, passengers must stay in either a government designated quarantine facility or in a Bureau of Quarantine approved quarantine hotel for 14 days.

After quarantine is completed, individuals may go about their travel plans subject to quarantine protocols of the local government of their destination.

Filipinos who are not OFWs and Non-Filipinos will shoulder their own payment for the accommodation.

Traveling to the United States

Philippine citizens are not banned from entering the United States as long as they have valid U.S. temporary or permanent resident visas. Those who traveled internationally in the past 14 days and return to the United States, they are required to self quarantine, stay home and monitor their health. 

Unless the traveler is a U.S. citizen or a permanent lawful resident (green card holder), s/he will be banned from entering the U.S. if s/he traveled from the following countries: China, Hong Kong and Macau, Iran, the UK and Ireland Schengen area which encompasses the following 26 European Countries: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland.

U.S. citizens and lawful permanent residents of the United States, certain family members, and other individuals who meet specified exceptions who have been in one of the countries listed above in the past 14 days will be allowed to enter the United States through on of these airports: 

  • Boston-Logan International Airport (BOS), Massachusetts
  • Chicago O’Hare International Airport (ORD), Illinois
  • Dallas/Fort Worth International Airport (DFW), Texas
  • Detroit Metropolitan Airport (DTW), Michigan
  • Daniel K. Inouye International Airport (HNL), Hawaii
  • Fort Lauderdale-Hollywood International Airport (FLL), Florida
  • George Bush Intercontinental Airport (IAH), Texas
  • Hartsfield-Jackson Atlanta International Airport (ATL), Georgia
  • John F. Kennedy International Airport (JFK), New York
  • Los Angeles International Airport, (LAX), California
  • Miami International Airport (MIA), Florida
  • Newark Liberty International Airport (EWR), New Jersey
  • San Francisco International Airport (SFO), California
  • Seattle-Tacoma International Airport (SEA), Washington
  • Washington-Dulles International Airport (IAD), Virginia 

After arriving in the United States from one of these countries, CDC recommends that travelers stay home and monitor their health for 14 days. 

(Lourdes Santos Tancinco, Esq is a partner at the Tancinco Law P.C. Her office is located at One Hallidie Plaza, Ste 818, San Francisco CA 94102 and may be reached at 1-888-930-0808; email at law@tancinco.com, www.facebook.com/tancincolaw or check their website at tancinco.weareph.com/old.) 

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Updates

USCIS Extends for 60 days Deadlines to File Responses to RFEs

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In response to the COVID-19 pandemic, U.S. Citizenship and Immigration Services announced this week that it is adopting measures to minimize the immigration consequences associated with responding to requests for evidence (RFEs) and notices of intent to deny (NOIDs) dated between March 1 and May 1, 2020. This rule also applies to notice of intent to revoke (NOIR), notice of intent to terminate (NOIT) or appealable decisions within AAO jurisdiction where the issuance date listed on the request, notice or decision is between March 1, 2020 and May 1, 2020.

As a result, applicants and petitioners who receive an RFEs or NOIDs dated between March 1 and May 1, 2020, any responses submitted within 60 calendar days after the response deadline set forth in the RFE or NOID will be considered by USCIS before any action is taken.

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Updates

Are You At Risk of Being Stripped of Your U.S. Citizenship?

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Creation of Stand Alone Denaturalization Section Under the DOJ May Trigger More Revocation of U.S. Citizenship

On February 26,2020, the Department of Justice announced the creation of its Denaturalization Section dedicated to investigating and litigating revocation of naturalization. The newly created stand alone section will join the existing sections within the Civil Division’s Office of Immigration Litigation—the District Court Section and the Appellate Section. This move underscores the Department’s commitment to bring justice to terrorists, war criminals, sex offenders, and other fraudsters who illegally obtained naturalization.

This move follows the creation of Denaturalization Task Force within the U.S.Citizenship and Immigration Services in 2018 indicating the policy trend of the administration running not only after the undocumented immigrants but also after American citizens.

As may be read from the DOJ’s press release, Assistant Attorney General Jody Hunt emphasized the main reason for the creation of the denaturalization section: “When a terrorist or sex offender becomes a U.S. citizen under false pretenses, it is an affront to our system—and it is especially offensive to those who fall victim to these criminals. The Denaturalization Section will further the Department’s efforts to pursue those who unlawfully obtained citizenship status and ensure that they are held accountable for their fraudulent conduct.”

Denaturalization may be found in Section 340 of the Immigration and Nationality Act. There are only certain legal basis to denaturalize an individual and this is initiated by the government through the federal district courts. In the past it was seldom utilized except in extreme cases like in denaturalization of former Nazis who lied about their past who illegally procured naturalization.

Those who are most likely to be affected by the administration’s effort to strip U.S. citizenship from naturalized citizens may be divided mainly into 3 categories. These are immigrants who procured their citizenship illegally because of the presence of:

  1. Prior criminal conviction that was concealed: Those who concealed their criminal convictions on their naturalization applications and their criminal cases are grounds for removal may have their cases referred for naturalization. Note that criminal charges or convictions must have occured before and during the naturalization process.
  2. Prior removal cases and assumed identities: Ten (10) years ago, the U.S. government discovered hundreds of individuals who had prior deportation orders and who used different names in their green card and naturalization applications. These cases are now being investigated and may be re-opened for denaturalization.
  3. Material fraud and misrepresentation. This refers to those who lied in obtaining their green cards through fraud and misrepresentation. The lie must have a relation to the eligibility for green card or naturalization to be a basis for denaturalization.

Once an immigrant is identified for investigation by USCIS for purposes of denaturalization, the matter will be referred to the Department of Justice’s Denaturalization Section under the Office of Immigration Litigation and the Assistant U.S. Attorney. Thereafter, the case will be filed with the federal district court having jurisdiction over the residence of the immigrant being stripped of citizenship. When the case is filed with the court the naturalized U.S. citizen may present evidence to avoid denaturalization. Note that this is a judicial process and only a federal judge may strip one of U.S. citizenship. There is a due process involved and a right to a hearing. If a citizen is denaturalized, most probably this individual will be put in removal proceedings. Whether or not he will be deported depends on available relief or waivers.

Naturalized U.S. citizens must now realize that they no longer have a sense of permanence when it comes to their immigration status. If you believe that you fall into any of the category of those who might be affected by this denaturalization effort of USCIS, it will be best to revisit and re-examine your naturalization application, and have your case assessed by competent legal counsel. And, if there is a possibility of denaturalization, prepare yourself to defend yourself in the federal court and, in the worse case scenario, explore applicable waivers or defenses to avoid removal.

(Atty. Lourdes Santos Tancinco, Esq. is a San Francisco based immigration attorney and an immigrant rights advocate. She may be reached at 1 888 930 0808, law@tancinco.com, facebook.com/tancincolaw, or through her website tancinco.weareph.com/old)

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Visas for Spouses & Minor Children of Green Card Holders Available for December 2019

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Normally, one has to be a U.S. citizen to be eligible to file a simultaneous I-130 petition and I-485 application for adjustment of status. Petitions by U.S. citizens on behalf of spouses, parents and minor children are considered as immediate relatives and visas are immediately available. In the last couple of months, the Visa Bulletin under the F2A visa category which covers petitions by green card holders for their minor children and spouses is reflecting a “current” visa availability. Filipinos who are green card holder petitioner’s in certain circumstances may also file simultaneous I-130 petition and I-485 adjustment of status under the F2A visa category.

Claire was petitioned by her mother under the F1B visa category. Her mother is a U.S. citizen who waited for more than 10 years before Claire was able to immigrate to the U.S. under the F1B visa petition. Claire has a minor child, Jason, but was not married to Nico, the father of her child.

When Claire immigrated in 2018 to the United States, she was able to take her minor child Jason with her. But Nico was left behind in Manila. Recently, Nico arrived in the United States on a student visa (F1), he is taking up Masteral Degree related to his career. Claire and Nico recently got married and Claire filed a petition for Nico under the F2A visa category (spouse of a green card holder) on December 1, 2019.

Nico regularly follows and reads the Visa Bulletin issued by the Department of State (DOS) to determine when his visa may become available. He noticed that for the months of F2A, the Final Chart on the Visa Bulletin shows that the F2A has the letter “C” on it. But the Filing Chart shows a 2009 priority date. What does the “C” status on the F2A category mean for Nico? Can Claire now file for his petition and simultaneously adjust his status?

Understanding the Two Charts on the Visa Bulletin

The monthly Department of State Visa Bulletin has two different charts. The DOS will post two charts per visa preference category. The charts are: (1) Application Final Action Dates (dates when visas may finally be issued); and (2) Dates for Filing Applications (earliest dates when applicants may be able to apply).

According to the recently released November 26, 2019 policy guidance, when USCIS determines there are immigrant visas available for the filing of additional adjustment of status applications, generally, the Dates for Filing Applications chart will be used to determine when to file an adjustment of status application with USCIS. Otherwise, if the priority is current as indicated on the Application Final Action Dates chart, then the final action date chart must be used to determine when to file an adjustment of status application with USCIS.

This means that despite a cut-off date on Filing Chart (second chart), if the Final Action chart (first chart) shows a “C” or a current priority date for a visa category, the application for adjustment of status may be filed immediately for that specific month.

Going back to the case of Nico, who is the beneficiary of an F2A petition, since the Final Action chart indicates a C (or a current priority date), he may now file for an adjustment of status. This is because the C indicates that a visa is available for the month of December 2019. However, unlike immediate relative petitions of U.S. citizens, unless there is 245(i) eligibility, beneficiaries of F2A petitions must be in lawful status to be able to file for adjustment of status.

(Atty. Lourdes Santos Tancinco, Esq. is an immigrant advocate and a principal partner at the Tancinco Law Offices, a San Francisco CA based law firm. She may be reached at 1 888 930 0808, law@tancinco.com , facebook.com/tancincolaw, or through this website tancinco.weareph.com/old)

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USCIS Proposes to Adjust Fees to Meet Operational Needs

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WASHINGTON – The Department of Homeland Security will publish a notice of proposed rule-making in the Federal Register to adjust the U.S. Citizenship and Immigration Services Immigration Examinations Fee Account fee schedule.

Fees collected and deposited into the IEFA fund nearly 96% of USCIS’ budget. Unlike most government agencies, USCIS is fee-funded. Federal law requires USCIS to conduct biennial fee reviews and recommend necessary fee adjustments to ensure recovery of the full cost of administering the nation’s immigration laws, adjudicating applications and petitions, and providing the necessary infrastructure to support those activities.

“USCIS is required to examine incoming and outgoing expenditures, just like a business, and make adjustments based on that analysis. This proposed adjustment in fees would ensure more applicants cover the true cost of their applications and minimizes subsidies from an already over-extended system,” said Ken Cuccinelli, acting director of USCIS. “Furthermore, the adjudication of immigration applications and petitions requires in-depth screening, incurring costs that must be covered by the agency, and this proposal accounts for our operational needs and better aligns our fee schedule with the costs of processing each request.”

The rule proposes adjusting USCIS IEFA fee schedules by a weighted average increase of 21% to ensure full cost recovery. Current fees would leave the agency underfunded by approximately $1.3 billion per year.

The proposed fee rule accounts for increased costs to adjudicate immigration benefit requests, detect and deter immigration fraud, and thoroughly vet applicants, petitioners, and beneficiaries.
USCIS last updated its fee structure in FY 2017, by a weighted average increase of 21%.

For more information on USCIS and its programs, please visit uscis.gov or follow on Twitter (@uscis), Instagram (/uscis), YouTube (/uscis), Facebook (/uscis), and LinkedIn (/uscis).

[Release Date: Nov. 8, 2019]