Tag: uscis

Categories
Updates

Marry, Divorce & Remarry: Effect on the Conditional Green Card Holder Spouse

Marry, Divorce & Remarry: Effect on the Conditional Green Card Holder Spouse
Share this:

Entering into a good faith marital relationship is always with the intention to stay married forever.  But what if there is no “forever”? What will happen when there is separation or divorce?  What are the effects of these circumstances to the petitioned spouse who is a green card holder with only a conditional resident status? 

Let’s take the case of Joseph (not his real name).  In 2015, Joseph entered the United States based on the petition of his U.S. citizen spouse Rita.  They were childhood sweethearts and have known each other since high school.  So when Rita attended their high school reunion, both Joseph and Rita rekindled the old flame and got married in a simple wedding ceremony.  Upon returning to the United States, Rita petitioned Joseph.  After a year of petitioning, Joseph was able to travel to the United States and was issued a 2-year conditional green card with an expiration date of  12/30/2018.  

After being together for only 6 months, Rita and Joseph began to experience marital problems until they decided to go their separate ways. Rita obtained a divorce decree ending their short lived relationship.  

With Joseph’s green card’s validity expiring, he was at a loss on whether he will return to the Philippines (to avoid falling out of status) or file for a waiver.  He decided to return to the Philippines but a few months before his departure, he met Cecilia who is also a U.S. citizen.  Cecilia and Joseph started dating regularly until Cecilia offered to marry and petition Joseph.  Now Joseph is presented with a situation where he has to choose to return to the Philippines or have Cecilia petition him.  Can he be petitioned even if he still has 6 months validity on his original conditional resident card?  Will the USCIS allow him to adjust his status in the U.S. once Cecilia petitions him?

Under the Immigration and Nationality Act (INA) Section 245(d), conditional residents are barred from adjusting unless they take the necessary steps to remove the two year conditions on their status.  This means that a person could not obtain conditional resident status based on marriage to a U.S. citizen, divorce that petitioner spouse, remarry a second U.S. citizen and re-adjust during that 2 year period.  

When a person with conditional resident status fails to file for the Petition to Remove Condition (I-751) prior to expiration of the validity of the two year conditional status, the USCIS usually issues a decision terminating the status of the green card holder.  The next process then is that the petitioned spouse will be facing the Immigration Judge in a court proceeding to have a filed I-751 be reviewed to prove validity of the first marriage. 

This rule had applied for many years until the interpretation of this rule was changed in 2019 by the USCIS based on the case of Matter of Stockwell, 20 I&N Dec 309 (BIA 1991), where a person with condition resident status may adjust based on second marriage without having to go to immigration court.

Therefore, in the case of Joseph, once he gets the USCIS Notice Terminating his resident status, he will be allowed to adjust based on the second marriage.  USCIS interpretation is that conditional status is now terminated as a matter of law on the second anniversary of the noncitizen’s lawful admission for resident status. 

Categories
Updates

USCIS’ diversity policy: Good news for aspiring immigrants

USCIS’ diversity policy - Good news for aspiring immigrants
Share this:

The USCIS has released in April its Diversity, Equity, Inclusion, and Accessibility (DEIA) Strategic Plan, a welcome development for anyone who works with and within the department.

Here are the details that you need to know about the USCIS’ promises:

  • Leadership Engagement: Leaders within the USCIS will have to model DEIA consistently
  • Diversity: USCIS plans to attract and build a representative workforce at all levels of the organization by recruiting from a diverse pool of candidates and creating a welcoming and inclusive workplace
  • Equity: USCIS aims to foster an equitable workplace to ensure employees have the resources they need to succeed by eliminating discrimination and harassment, providing fair pay and benefits, and creating a culture of respect and inclusion
  • Inclusion: USCIS sees nurturing a culture that prioritizes inclusivity and belonging by valuing the unique perspectives of all employees and promoting a sense of belonging and community
  • Accessibility: USCIS sets the goal of modernizing infrastructures to build and sustain an accessible environment—physically, mentally, and technologically.

Why is DEIA good news for aspiring immigrants?

DEIA is good news for aspiring immigrants because it can help to create a more welcoming and supportive environment for them. 

A more diverse and inclusive workplace can be a more welcoming place for immigrants, as they will be able to see themselves represented in the workforce. 

A more equitable workplace can also be a more welcoming place for immigrants, as they will be treated fairly and justly, regardless of their background.

Knowing this policy goes a long way. 

If you know anyone who faced discrimination in their application process, make sure to refer to the USCIS’ own policies. 

You can also reach out to your trusted immigration lawyer for advice.

Categories
Updates

What you need to know about the proposed US Citizenship Act of 2023

What you need to know about the proposed US Citizenship Act of 2023
Share this:

A new bipartisan immigration bill was introduced in the US House of Representatives on May 23, 2023. 

The bill, which is called the US Citizenship Act of 2023, would create a pathway to citizenship for undocumented immigrants who meet certain requirements. The bill would also provide funding for border security and immigration enforcement.

Why it matters for migrants

The bill has been praised by immigration advocates, who say it would provide a much-needed pathway to citizenship for undocumented immigrants. 

However, the bill has also been criticized by some immigration enforcement advocates, who say it would weaken border security.

Here are some of the key provisions of the bill:

  • Pathway to citizenship: The bill would create a pathway to citizenship for undocumented immigrants who meet certain requirements, including paying taxes, passing a criminal background check, and learning English.
  • Funding for border security: The bill would provide funding for border security, including physical barriers, technology, and personnel.
  • Immigration enforcement: The bill would reform immigration enforcement, including reducing the number of people who are detained and deported.

It is unclear whether the bill will pass the US Senate. However, the fact that it was introduced by a bipartisan group of lawmakers is a sign that there is some support for immigration reform in Congress.

What aspiring migrants can do

The bill is a significant step forward in the fight for immigration reform. It is important to stay engaged and let your elected representatives know that you support this bill.

Here are some things you can do to support the bill:

  • Sign a petition in support of the bill.
  • Call or email your elected representatives and urge them to support the bill.
  • Attend a rally or event in support of the bill.
  • Donate to an organization that is working to pass the bill.

The bill might take a long time to get passed, and might be blocked from becoming a law. 

Until then, if you or someone you know need to find a pathway to citizenship now, reach out to a trusted immigration lawyer.

Categories
Updates

Citizenship, naturalization, and adopted children: The USCIS makes a clarification

Citizenship, naturalization, and adopted children: The USCIS makes a clarification
Share this:

The USCIS on April 21 announced an update on its policy manual to clarify guidance regarding the application of citizenship and naturalization provisions on adopted children.

This includes:

  • The requirements for adopted children to meet the definition of a child for citizenship and naturalization purposes, including having an adoption that is considered full, final, and complete for immigration purposes;
  • The eligibility for US citizenship for adopted children who reside in the United States and how to obtain a Certificate of Citizenship;
  • The eligibility for US citizenship for adopted children who reside outside of the United States and how to apply for citizenship and issuance of a certificate; and
  • The guidance on the acquisition of citizenship and naturalization when an adoption is disrupted or dissolved.

This update does not mean any change for the requirements for adopted children to become US citizens.

Need help with naturalization? Reach out to your trusted immigration lawyer.

Categories
Updates

USCIS removes 60-day rule for the green card medical exam form

USCIS removes 60-day rule for the green card medical exam form
Share this:

For everyone filling up their green card medical application form, the US Citizenship and Immigration Services (USCIS) has made your lives easier.

The USCIS has removed the 60-day rule for civil surgeon signatures on the immigration medical exam. Now, you can file a signed form up to 2 years from when the civil surgeon signed it.

Why does this matter?

Before, the USCIS strictly demanded that civil surgeons sign at at most 60 days before the form’s submission.

For many busy immigrants, this was a steep ask, even a costly one since getting that signature then submitting the form has meant days taken off from their routine.

What should you do with the extra time?

With more time, green card applicants can spend more time making sure that their application is complete.

For those having trouble with their medical exam, this could mean more time to look for a doctor they can trust and then meeting them at their most convenient time.

How do I find a civil surgeon?

The USCIS has a list of approved practitioners on their website. The medical examination involves physical examination and blood and urine tests. It also includes a check on your immunization against diseases.

Bring your passport and your immunization records so that the civil surgeon can easily check your immunization history.

Medical examination on Form I-693 are part of an Application for Adjustment of Status to resident status.  They are usually filed simultaneously with I-485s and I-130s forms.

Categories
Updates

Latest: On Green Cards and being a “Public Charge”

Latest On Green Cards and being a Public Charge
Share this:

The US Citizenship and Immigration Services (USCIS) has announced changes to Form I-485 or the Form for Adjustment of Status.

The change includes a new “public charge” portion, and some new questions for green card applicants.

The changes have been applied since December 23, 2022, according to the USCIS.

First, let’s review what a public charge is. Being a public charge means that a person is “primarily dependent” on the government, making them a “charge” to the public rather than a contributor. 

Green card applicants are not admissible to the US if they are likely to be a public charge. 

The keyword is self sufficiency.

The change is with proving one’s self sufficiency. Under the Trump administration, there was a whole separate form, the Declaration of Self Sufficiency, to prove that one was not likely to become a public charge. 

Under the Biden administration, some of the information asked by the discarded form will be included in the Form I-485.

Here’s what Boundless found: In the preview of Form I-485, if an applicant answers “yes” to being subject to public charge ground of inadmissibility on their form, they must provide the following information:

  • Household size
  • Annual household income
  • Total value of household assets
  • Total value of household liabilities
  • Highest degree or level of school completed
  • List of work-related skills, certifications, licenses, educational certificates
  • If an applicant has ever received cash benefit programs for income maintenance
  • If an applicant has ever received long-term institutionalization at the government’s expense

For guidance on getting a green card and navigating these new rules, reach out to a trusted immigration lawyer.

Categories
Updates

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

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

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.

Categories
Updates

USCIS Extends Green Card Validity Extension to 24 Months for Green Card Renewals

USCIS Extends Green Card Validity Extension to 24 Months for Green Card Renewals
Share this:

On Sept. 26, 2022, USCIS automatically extended the validity of Permanent Resident Cards (also known as Green Cards) to 24 months for lawful permanent residents who file Form I-90, Application to Replace Permanent Resident Card (Green Card).

USCIS is in the process of sending out amended receipt notices for individuals with a pending Form I-90. You can present an amended receipt notice with an expired Green Card as evidence of continued status. By presenting your amended receipt notice with your expired Green Card, you remain authorized to work and travel for 24 months from the expiration date on the front of your expired Green Card.

If you are in urgent need of evidence of status while you wait for your amended receipt notice or your replacement Green Card, or if you need another in-person service, you may call the USCIS Contact Center to request an appointment. We encourage you to wait for your amended receipt notice instead of scheduling an appointment that you may not need.

More Information
Please visit USCIS website for more information on the extended green card validity or contact us for assistance. 

Categories
Updates

A surplus of work-based visas ends 2022

Share this:

The United States Citizenship and Immigration Services (USCIS) reached the maximum number of people who can get employment-based visas for 2022.

Earlier this month, the USCIS announced that over 70,000 visas were left to be allocated before the end of the fiscal year, which is on September 30, 2022.

By the end of the month, the USCIS announced that almost all of these visas have reached their limits and new applicants should come back for the next fiscal year.

Why is there a surplus of visas at the end of the year?

This is because the USCIS and the Department of State (DOS) publicly committed to maximizing all employment-based visas for 2022. 

The USCIS even encouraged immigrants to apply earlier this year.

This is in keeping with the Biden administration’s thrust towards giving immigrants more opportunities to stay in the United States all while letting them contribute to the country through their work.

Will the USCIS and DOS do the same for the next year?

For immigration advice for fiscal year 2023, consult with your trusted lawyer.