On August 19, 2024 the Department of Homeland Security announced a Federal Register notice to put into action Keeping Families Together, a procedure that can benefit certain noncitizen spouses and stepchildren of U.S.

citizens. This process is part of an initiative to enhance family unity and stability, boost economic growth in American communities, enhance diplomatic ties with regional partner countries, and alleviate pressure on U.S. government resources.

Ur M. Jaddou, Director of U.S. Citizenship and Immigration Services, highlighted that noncitizen spouses of U.S. citizens often face unnecessary challenges in the immigration system. She emphasized that the new process will help keep families together by removing these barriers for those eligible to live and work legally in the U.S., while also improving the system's efficiency, ensuring effective screening, and prioritizing noncitizens who contribute to and have deep ties within American communities.

Starting August 19, 2024, USCIS will receive requests from eligible individuals. Those who wish to apply must file online Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens, after creating a myUSCIS account. The filing fee is $580. Requests for a fee waiver for Form I-131F will not be considered.

To be considered eligible, noncitizen spouses of U.S. citizens must:

• Be present in the United States without admission or parole;

• Have been continuously physically present in the United States since at least June 17, 2014, through the date of filing your request;

• Have a legally valid marriage to a U.S. citizen on or before June 17, 2024;

• Have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security; and

• Submit biometrics and undergo required background checks and national security and public safety vetting.

Noncitizen stepchildren of U.S. citizens must: • Have been under the age of 21 and unmarried on June 17, 2024;

• Be present in the United States without admission or parole;

• Have been continuously physically present in the United States since at least June 17, 2024, through the date of filing your request;

• Have a noncitizen parent who entered into a legally valid marriage with a U.S. citizen on or before June 17, 2024, and before their 18th birthday;

• Have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security; and • Submit biometrics and undergo required background checks and national security and public safety vetting.

USCIS is dedicated to maintaining program integrity and preventing fraud. USCIS will use current training and methods to review evidence of legally valid marriages submitted with Form I-131F. USCIS will implement thorough procedures to identify and address potential fraud, ensuring that fraudulent marriages do not result in status adjustments through this process.

DHS estimates that around 500,000 noncitizen spouses and 50,000 noncitizen stepchildren of U.S. citizens may qualify under these criteria. If granted parole, these individuals, provided they meet other eligibility requirements, could apply for lawful permanent residence without having to leave the country.

Keeping Families Together aligns with established, congressionally endorsed policies, including a similar process for family members of specific U.S. military personnel and veterans.

On June 18, 2024, the Department of Homeland Security (DHS) communicated actions to promote the unity of families in the immigration process, in line with the Biden administration’s dedication to keeping families together. The new Parole-in-Place (PIP) program is intended to be implemented on August 19, 2024. The program is aimed at spouses and children of U.S. citizens who follow certain criteria.

To be considered for PIP, the applicant must:

• Reside in the United States without admission or parole;

• Have continuously lived in the United States for a minimum of 10 years as of June 17, 2024;

• Be legally married to a U.S. citizen as of June 17, 2024;

• Not have a disqualifying criminal record or pose a threat to national security or public safety.

Noncitizen children of spouses granted parole through this process may also be considered for parole if they are physically present in the U.S. without admission or parole and have a qualifying stepchild relationship with a U.S. citizen parent as of June 17, 2024.

The individual who qualifies may be granted parole for up to three years and can apply for permanent residence (green card) without having to leave the U.S.

Individuals should wait for further details to be provided. USCIS will not accept any submissions related to this process that are received before the application process officially starts. In the meantime, individuals can start gathering supporting documentation, including:

• Documentation of proof of identity, such as a driver’s license, a valid passport;

• Evidence of legal marriage to a U.S. citizen as of June 17, 2024, such as a marriage certificate;

• Evidence of spouse’s U.S. citizenship, such as passport, birth certificate, Certificate of Naturalization;

• Documentation to establish the noncitizen has been continuously present in the U.S. for at least 10 years as of June 17, 2024, such as rent receipts or utility bills, school records, medical records, dated bank transactions, insurance policies, tax returns;

Watch out for fraud and seek legal advice from a recognized attorney. USCIS is not yet accepting applications and there is no waiting line.

According to the International Entrepreneur Rule, USCIS will increase the investment and revenue thresholds starting October 1, 2024, as required every three years. However, the application fee will remain the same.

Introduced in 2017, The International Entrepreneur Rule allows the Department of Homeland Security to use its parole authority to grant temporary stays to noncitizen entrepreneurs on a case-by-case basis. This rule targets entrepreneurs whose startup entities have the potential for rapid growth and job creation, offering a substantial public benefit.

If an entrepreneur is granted parole, they will be allowed to work only for their startup entity as part of their parole conditions. Additionally, if the entrepreneur's spouse is also granted parole, they can apply for permission to work in the United States. Entrepreneur’s children may also be eligible for parole but cannot apply for employment authorization.

Some key elements of the International Entrepreneur Rule state that the entrepreneur may be living either outside or inside the United States but the startup entity must have been formed in the U.S. within the past five years. The entrepreneur may be granted a two-and-a-half initial parole period and if approved for re-parole, they may receive up to another two and a half years, for a maximum of five years. Up to three entrepreneurs can be eligible for parole per startup entity.

The final International Entrepreneur Rule mandates that USCIS update the investment and revenue thresholds in 8 CFR 212.19 every three years for inflation. The next scheduled adjustment will occur on October 1, 2024.

In accordance with the regulation, the following adjustments will be implemented:

Beginning in Fiscal Year 2025 (October 1, 2021), for an initial application, entrepreneurs need to prove their startup has a strong potential for rapid growth and job creation by showing that within 18 months before applying for initial parole, they have received at least $311,071 (previously $264,147) in investments from one or more qualified investors, or at least $124,429 (previously $105,659) in one or more eligible government awards or grants.
Alternatively, if they only partially meet these investment or award requirements, can provide other strong and credible evidence of the startup entity’s potential for significant growth and job creation.

For the entrepreneur to renew their authorized stay under the International Entrepreneur Rule, they typically need to show that the startup has either: Obtained a qualified investment, qualified government grants or awards, or a combination of such funding totaling at least $622,142 (currently $528,293); created a minimum of five qualified jobs during the initial parole period; or achieved annual revenue in the United States of at least $622,142 (currently $528,293) and maintained an average annual revenue growth of at least 20%.

A "qualified investor" is defined as an investor with a history of making significant investments in successful startup entities. A qualified investor should have invested in startup entities a minimum of $746,571 (currently $633,952) in a specific 5-year period and, following these investments, at least two of the startup entities each created a minimum of five qualified jobs or generated at least $622,142 (previously $528,293) in revenue with an average annual revenue growth of at least 20%.

The Immigration and Nationality Act (INA) states that U.S. citizens can pass on their citizenship to their children born outside the United States under specific conditions. Children born abroad to at least one U.S. citizen parent can automatically acquire U.S. citizenship at birth. Additionally, children can also acquire citizenship through their U.S. citizen parent or parents after birth but before they turn 18 years old.

U.S. Citizenship and Immigration Services (USCIS) is revising its Policy Manual to address public feedback about how children acquire citizenship. They are also updating guidelines in response to the U.S. Supreme Court's decision in Sessions v. Morales-Santana, 582 U.S. 47 (2017), and providing clarity on other citizenship acquisition rules.

The guidance, included in Volume 12 of the Policy Manual, takes effect immediately and applies to pending applications or those filed on or after the publication date. Policy Highlights:

States that individuals who previously submitted an application for a Certificate of Citizenship that was denied, but who can become eligible due to a USCIS policy change, can submit a request to have their denied application reconsidered.

Makes clear that a U.S. citizen parent can satisfy the physical presence requirement in the United States (or outlying possession) before the child’s birth, regardless of their immigration status, including having no status.

Explains that if a child born out of wedlock to two U.S. citizen parents cannot acquire U.S. citizenship through the father, the mother can fulfill the requirement by showing 1 year of continuous physical presence in the United States or one of its territories before the child’s birth.

Confirms that, to acquire citizenship at birth, USCIS mandates that a parent must be legally recognized as the child's parent by the appropriate jurisdiction at the time of the child’s birth.

Explains that a child gains citizenship under statutes where all requirements must be fulfilled while the child is under 18 years old, even if the final condition is met on their 18th birthday. Likewise, a child qualifies for citizenship under INA 322 if USCIS approves the application and the child takes the oath (if necessary) on their 18th birthday.

Confirms that USCIS recognizes a valid and unexpired U.S. passport or a Consular Report of Birth Abroad (CRBA) as proof of U.S. citizenship. However, USCIS also assesses whether the applicant acquired U.S. citizenship correctly and may ask the Department of State to revoke the U.S. passport or cancel the CRBA before processing an application for a Certificate of Citizenship.

Explains procedures for USCIS when reviewing claims of U.S. citizenship for an applicant’s parents or grandparents, in addition to the applicant's own claim (referred to as "nested claims of U.S. citizenship"). When assessing applications for a Certificate of Citizenship, if it's uncertain whether the applicant’s parent or parents were U.S. citizens, the officer must first establish the U.S. citizenship status of the applicant’s parents (and potentially grandparents) before deciding on the applicant’s citizenship claim.

Explains that in applications for naturalization filed under the provision for children of a U.S. citizen who suffered battery or extreme cruelty, the stepchild does not need to maintain a relationship with the U.S. citizen stepparent at the time of the naturalization application.

On May 22, 2024, USCIS published an updated guidance in the USCIS Policy Manual on family-based immigrant visa petitions, it includes explaining how USCIS handles rectifying approval notice errors, requests for consular processing or adjustment of status on the beneficiary’s behalf, and routing procedures for approved petitions. When submitting Form I-130, Petition for Alien Relative, the petitioner should notify USCIS the beneficiary’s up-to-date address and state if the beneficiary wants consular processing with the Department of State National Visa Center (NVC) or adjustment of status inside the United States, if qualified.

Giving this information prompts the USCIS to either keep the approved petition for adjustment of status processing or send the petition to the NVC for consular processing. Not providing the correct information on the petition, can stall the process of immigrant visa or adjustment of status. If USCIS retains a petition because incorrect information was provided, the petitioner must file Form I-824, Application for Action on an Approved Application or Petition, paying the corresponding fee, in order to hand over the petition to the NVC.

Before the update was issued, USCIS kept approved petitions that not clearly specify if the beneficiary whishes adjustment of status or consular processing. This update explains procedures for family-based immigration petitions in order to boost efficient processing in cases where it is unclear whether the beneficiary prefers a consular processing or adjustment of status, or if there is a change in the process or a correction is needed.

The update indicates that if the petitioner does not indicate clearly if the beneficiary wishes consular processing or adjustment of status, USCIS will use discretion to choose whether to send the approved petition to the NVC for consular processing or maintain the petition for adjustment of status process, depending on the beneficiary’s evidence of most recent location, including the address on the petition.

The updated guidance explains how you can contact USCIS to correct an error or update a pending or approved Form I-130. This includes revising the beneficiary’s location and indicating if they prefer a consular processing or adjustment of status. It also provides advice on how USCIS decides to approve or deny a family-based immigrant petition.

On June 18, 2024, The Department of Homeland Security (DHS) announced a new process as part of President Biden’s initiative to keeping families together. The new process will consider requests for specific noncitizen spouses of US Citizens to apply for lawful permanent residence without having to leave the United States. To be granted parole the individual should fall under the next eligibility criteria: to be present in the United States without admission or parole, have been continuously present in the United States for at least 10 years as of June 17, 2024, be legally married to a U.S. citizen on or before June 17, 2024; must not have any disqualifying criminal convictions, must not pose a threat to national security and public safety. Noncitizen children of spouses of U.S. Citizens could also be considered for parole if they are physically in the United States without admission or parole and have a valid relationship as a stepchild of a U.S. Citizen. When USCIS receives a properly filed parole in place request, they will assess each case individually to decide if granting parole is justified due to significant public benefit or urgent humanitarian reasons. USCIS will also consider the applicant’s immigration and criminal history, conduct background checks, and evaluate national security and public safety concerns, along with any other pertinent information requested by USCIS. To be eligible for parole, individuals must submit a form to USCIS with necessary documents, meet the requirements, and pay a fee. Detailed guidelines and application details, including a notice in the Federal Register, have not yet come out and will be released soon, USCCIS states. Any submissions or requests received before the official start date will be rejected by USCIS.

The case of a church in New Mexico can be a cautionary tale on the importance of understanding and complying with immigration laws and regulations.
A church in Albuquerque, New Mexico, tried to file a R-1 Visa for a South African pastor but was denied.
The R-1 visa allows foreigners to work as religious workers in churches or religious organizations for up to five years. The South African citizen was hired by the church and received honoraria and allowances while in the US on a B-1 visitor visa, before his R-1 Visa was approved. When the pastor went to the consulate in Johannesburg to obtain his R-1 Visa, the officials denied the visa stating that the pastor misreported his intention of entering the US as a tourist when he intended to participate in unapproved work as an independent contractor for the church.
When the church tried to appeal the denial, the court dismissed the appeal stating that the pastor violated his status by engaging in unauthorized employment within 90-days of his entry to the US.
Both the pastor and the church also tried to challenge the denial saying it violated their right under the Religious Freedom Restoration Act (RFRA) by impeding the church’s freedom to select its ministers and determine their compensations. The court ruled that the RFRA protection is bound by a doctrine of consular nonreviewability that limits the court’s ability to reverse decisions made by consular officials. The court also added that the visa denial did not stop the church from employing another pastor or following their compensations beliefs.
This case can serve as a reminder of the importance to be cautious and avoid any actions before or during the petition process that could potentially compromise the result. Also, organizations that are sponsoring religious workers should understand the limitations of RFRA.

The Department of Homeland Security and U.S. Citizenship and Immigration Services have introduced a final rule to enhance the integrity of the T nonimmigrant status (T visa), aiming to provide eligible victims of human trafficking with timely access to protections and stabilizing benefits. The T visa allows certain victims of human trafficking to stay in the U.S. for an initial duration of up to four years. USCIS Director, Ur M. Jaddou, said that the final rule has been years in the making. He also stated that “this approach is more victim-centered and strengthens the integrity of the T visa application process so the program better protects victims”. Human trafficking, also referred to as trafficking in persons, involves traffickers using force, fraud, or coercion to exploit individuals for labor or services, including commercial sex. Vulnerable individuals, including those without legal immigration status, are often targeted. Some individuals smuggled into the United States may also fall victim to trafficking or exploitation. The Department of Homeland Security (DHS) is dedicated to safeguarding communities from the growing threat of human trafficking by enforcing border security and imposing harsher penalties on those ignoring lawful pathways. The T nonimmigrant status provides protection for victims and enhances law enforcement's capacity to combat human trafficking. This final rule outlines eligibility and application requirements for T nonimmigrant status, aiming to minimize barriers for victims and allow USCIS officers to determine applications more effectively. It also enhances program integrity by providing clearer guidelines on reporting and evidence for trafficking victims, facilitating law enforcement in responding to trafficking reports more effectively.

The final rule includes several key elements: • Updating and clarifying definitions such as serious harm, abuse, and law enforcement agency to align with the standards outlined in the Trafficking Victims Protection Act of 2000.
• Enhancing program efficiency by clarifying reporting and evidentiary requirements to minimize requests for additional evidence.
• Simplifying the process for law enforcement agencies to respond to trafficking reports by mandating that victims report instances of trafficking to the appropriate law enforcement authorities.
• Making the process of determining authenticity and adjudicating cases simpler, while still maintaining measures to prevent fraud.

In 2016, DHS enacted an interim rule in response to public input on the T visa program, aiming to refine requirements in line with statutory modifications, institutionalize insights from over 14 years of program operation, and adjust provisions to comply with intervening legislation. In July 2021, DHS reopened the public comment period for the interim rule for 30 days and later extended the comment deadline. The final rule incorporates the modifications from the 2016 interim rule, provides clarity to the current regulatory structure, and addresses the feedback received from the public.

The DHS plays a crucial role in fighting against human trafficking, safeguarding the nation, and working closely with other organizations to prevent these crimes. Established in 2020, the DHS Center for Countering Human Trafficking brings together 16 DHS units to address human trafficking through activities such as law enforcement operations, aiding and protecting victims, intelligence and analysis, and public education and training programs. Also, through the Blue Campaign, it leads the Department’s nationwide initiative to raise public awareness and combat human trafficking. DHS has expanded its focus to include combating online child sexual exploitation and abuse, following the addition of combating crimes of exploitation and protecting victims as a sixth mission area in April 2023 during the Department’s Quadrennial Homeland Security Review.

The U.S. Citizenship and Immigration Services (USCIS) is providing guidelines on the F and M student nonimmigrant categories. This includes clarifications on how the USCIS will handle processes such as reviewing applications for employment authorization, change of status, extension of stay, and reinstatement of status for these students and their dependents residing in the United States. This guidance brings together current policies. USCIS anticipates that this will offer clear and helpful information to both international students and U.S. educational institutions on various subjects, such as eligibility criteria, school transfers, practical training, and employment opportunities both on and off-campus. In simpler terms, the guidance explains that students on F and M visas should maintain a foreign residence they don't plan to give up. However, if they are part of a permanent labor certification application or immigrant visa petition, they can still show their intention to leave after a temporary stay. Furthermore, the guidance outlines the conditions under which F students pursuing an extension of optional practical training (OPT) in science, technology, engineering, and mathematics (STEM) can work for startup companies. This includes the necessity for the employer to follow the specified training plan, maintain a positive standing with E-Verify, and offer compensation comparable to that given to equivalent U.S. workers, along with other stipulations. The F-1 visa category permits noncitizens to come to the United States as full-time students in various academic institutions like college, university, seminary, conservatory, academic high school, elementary school. While the M-1 visa category is for nonimmigrant vocational students participating in recognized nonacademic programs, excluding language training programs. For more information about the USCIS guidance, see the Policy Alert and Volume 2, Part F of the Policy Manual. For more information about the role of U.S. Immigration and Customs Enforcement (ICE) in administering these nonimmigrant student programs, see the Student and Exchange Visitor Program.

A new pilot program that will allow a certain number of foreign H-1B workers to renew their visas without leaving the United States was approved in review by the White House Office of Information and Regulatory Affairs (OIRA). The pilot program will allow H-1B nonimmigrant visa applicants who meet certain criteria requirements to be able to renew their visa without an in-person interview. The State Department stated last month that the pilot program is planned to launch in January 2024, with an initial 20,000 participants. To maintain the 20,000 limit, the only eligible applicants are those who were issued a H-1B visa within specific dates at US consulates in Canada and India. The pilot program will not include dependents of H-1B professionals. Further details about eligibility and operation of the pilot will be released upon the publication of the notice in the Federal Register. Having successfully passed the OIRA review on December 15, this achievement marks the last regulatory obstacle preceding the official release of the program. The pilot program is part of a larger government strategy aimed at reducing the waiting times in consular services. Workers holding H-1B specialty occupation visas, frequently used in the tech industry and with a validity of three years, have to get an appointment at a US embassy or consular office to obtain a visa stamp before returning to the US after traveling abroad. Prolonged wait times for visa services, especially in countries like India which is the primary source of H-1B workers, have created uncertainties into the travel plans of both these workers and their employers. This new pilot program tackles this issue by permitting eligible H-1B workers to renew their visas within the United Stated, removing the necessity for international travel specifically for the purpose of visa renewal. This action holds particular importance since H-1B visa holders, a considerable number originating from India, frequently endure prolonged wait times for visa appointments, disrupting both their professional and personal plans.

With long lines and increased travel outside the US by American Citizens, the Department of State is looking for new ways for people to apply for their passports this summer. The “Special Passport Acceptance Fairs” will be held at public libraries, recreation centers, and local city administrative offices. Most of these events will be help in California and New Jersey, but if you need to look for their around the country, check similar events in Alabama, Florida, Michigan, Missouri, Texas, and Wisconsin. More events will be added as time progresses.

The Ukrainian humanitarian parolees who came through the U.S.-Mexico border in March and April 2022 situation is as follows: - Most of these Ukrainians were granted a one-year parole only. - Currently, the instructions for extending humanitarian parole as listed on the USCIS website are uncertain and might not be applicable to this situation. - Lawyers and volunteers are working with immigration agencies and organizations trying to find a solution, but nothing has been confirmed yet. - Once the parole expires, the Ukrainian individuals will no longer have lawful status in the U.S. and will start accruing unlawful presence, which could lead to negative consequences such as removal or deportation and impact future immigration goals. - They will also lose eligibility for federal benefits and employment authorization and could lose state benefits depending on the state laws. - USCIS is aware of the situation and is considering a solution to avoid loss of status or benefits for Ukrainian parolees such as opening and extending TPS (Temporary Protected Status) program. However, no definitive procedure or guidance from federal agencies has been announced yet. - There is a possibility of re-parole through USCIS form I-131, but the process is lengthy with a processing time of 12-18 months and a filing fee of $575. Another possibility is to leave the US and apply for United For Ukraine through USCIS form I-134 and when approved, filing I-131 and receiving an email confirmation to reenter but there is a risk of being denied so reentry would be impossible.

USCIS announced that the initial registration period for FY2024 H-1B cap will open at 12:00 pm (ET) on March 1st and run through 12:00 pm (ET) on March 17, 2023. During this period, employers and their representatives will be able to submit registrations using the online H-1B registration system. After the registration closes, USCIS will conduct a lottery to pick cases that can submit full H-1B application package including but not limited to I-129H, LCA, and supporting Documents within 60 day.

Because of recent court settlements, starting on January 25, 2023 it will be possible for H-4 and L-2 dependents to file form I-129, Petition for a Nonimmigrant Worker, at the same time as either I-539, Application to Extend/Change Nonimmigrant Status, or I-765, Application for Employment Authorization. It used to be possible to file these forms together, but in March 2019 policy changes started requiring additional biometrics from dependents, which required the forms to be filed separately and caused delays. Fortunately, the additional biometric requirement has now been suspended, and it is again possible to file these forms concurrently.

If you are a member of one of the 40 lucky counties allowed to enter the United States under a Visa Waiver Program (VWP), and you are entering the United States by land, there is now a new App called CBP One that allows an easy, time saving, and more convenient way to fill out your I-94W ahead of time. U.S. Customs and Boarder Patrol (CBP) announced that starting October 1, 2022, everyone entering the United States (weather air, sea, or land) must present completed and approved ESTA application before they are allowed entry. Before those traveling by land did not need such a requirement. VWP eligible travelers to the United States can follow a number of questions on the app, pay a $6 fee, and receive a provisional I-94W approval up to 7 days before their travel day. Doing so would make it easier and faster entry at the U.S. land boarder. If you have any questions, contact an experienced immigration attorney.

Due to the EB-5 Reform and Integrity Act of 2022, USCIS has released two new forms that revise the Immigration and Nationality Act 203(b)(5). The new forms are Form I-956F, Application for Approval of an Investment in a Commercial Enterprise, and Form I-956G, Regional Center Annual Statement. The USCIS will be releasing the next series of Form I-526, Immigrant Petition by Standalone Investor, and Form I-526E, Immigrant Petition by Regional Center Investor.

Form I-956F may only be filed by an approved regional center. Form I-956F allows regional centers to apply for approval for each particular investment offering through an associated new commercial enterprise.

Form I-956G incorporates increased statutory reporting requirement under the revised program.

The Filing Fees are as Follows:

Form I-956F-$17,795

Form I-956G-$3,035

If you have any questions about hoe the immigration and nationality laws in the United States may impact you or your family, please call MC Law Group at (702)238-1093.

USCIS announced:

U.S. Citizenship and Immigration Services are implementing premium processing for certain petitioners who have a pending Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications. This expansion of premium processing only applies to certain previously filed Form I-140 petitions under an E13 multinational executive and manager classification or E21 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW). Petitioners who wish to request a premium processing upgrade must file Form I-907, Request for Premium Processing Service.

The expansion will occur in phases:

- Beginning June 1, 2022, we will accept Form I-907 requests for E13 multinational executive and manager petitions received on or before Jan. 1, 2021.

- Beginning July 1, 2022, we will accept Form I-907 requests for E21 NIW petitions received on or before June 1,2021, and E13 multinational executive and manager petitions received on or before March 1, 2021.

We will reject premium processing requests for these classifications that are filed before their start date of June 1,2022, or July 1, 2022. We will not accept new (initial) Forms I-140 with a premium processing request at this time.

On May 23, 2022, we published a new version of Form I-907, dated 05/31/22. For the month of June, we will accept both the 09/30/20 and the 05/31/22 editions of Form I-907. Starting July 1, we will reject the older 09/30/20 edition of Form I-907.

As previously announced, we are expanding premium processing to additional form types as part of our efforts to increase efficiency and reduce burdens to the overall legal immigration system.

Please reach out to an expert immigration attorney who can guide you through these new processes.

The NDA is an opportunity for immigration lawyers to directly sit across from senators and congresspersons to voice our concerns and to make suggestions about the US immigration law system. Margo Chernysheva raised these questions to the senators she was able to meet:

1. There is a shortage of workers in all areas of the US economy currently. Signs like: “The entire world is short staffed.

PLEASE be kind to the awesome employees that showed up today. WE appreciate your patience” is so common on the streets of America, it’s not even funny anymore – what is congress planning to do about it?

2. The work authorizations for spouses of H-1Bs (H-4) were not included in the new I-94S program – why?

3. When Congress voted to expend the Premium Processing for broader categories, was the intent to have USCIS implement those starting only in 2026?

4. EB-5 Program reform was a welcome news. Also, welcoming was allowing those in the US on different other non-immigrant visas (H-1Bs, L-1, O, P, etc.) to allow them to file Adjustment of status while waiting for their I-526 decisions.

However, there are thousands of EB-5 investors, who invested over $500,000 and created 10 US jobs) currently waiting more than 5 years in just processing time (note waiting for visa availability time) for their cases to be adjudicated and such a prolonged wait time was not addressed for those lawfully waiting their turn outside the US.

Any plans to address and allow them to enter at least on HP since they want their lives in the US start as promised (within normal processing times) not 5 years before they ever see their green card.

5. With the war in Ukraine continuing and the Uniting Ukraine HP program, which was rolled out April 25, 2022, closing the Southern Border Crossing into the US by Ukrainians -- yet TPS eligibility is for those physically present as of April 11, 2022 – any plans to expend it until April 25, 2022 to allow those last lucky war-torn sufferers to obtain TPS status?

6. AAA for Afghanis – what is the current environment in the Congress and Senate to implement this crucial to US global reputation program?

7. The Congress and Courts have long agreed that an exception should be carved out for parents bringing their children with them when they come to the US and such exemption from trafficking illegal alien charges was practiced for decades; however, during Trump administration, it was suddenly and arbitrarily changed without any court ruling nor Congress decision.

Now, all parents who at some point brought their children to the United States without authorization are being charged with smuggling their, now US citizen, children to the United States even if it was not done by them.

For example, I had a very fresh case where a father of a US citizen, who was divorced from his spouse at the time but still sending them child support, was charged with smuggling and not allowed to receive an immigrant visa at the consulate in Mexico although he said that he did not even know the mother of his children was bringing them to the US.

The consular officer asked if he provided any financial support for his children, when he acknowledged it, the officer said – then you paid for their processing and denied his otherwise approvable immigrant visa based on this statement.

Multiple suggestions were offered by Margo and her colleagues about ways that the government can improve on the issued raised above. Other concerns included the long delays in hearing schedules and prejudice treatment of immigrants in the immigration courts.

Unfortunately, meetings with our congressional representatives cannot solve immigration problems immediately.

However, Margo hopes that by bringing the issues to Senators and Congress by sharing real examples will help government representatives know and understand how the dysfunctionality of the US immigration and nationality law system is negatively impacting the lives of U.S. citizens and their international family members as well as U.S. businesses and the entire U.S. economy.

USCIS just announced today that effective immediately, new criteria will guide USCIS officers on when to waive interviews for those waiting for their I-751 removal of condition application approval. This update replaces previous policy that required all applicants to undergo an interview if they obtained permanent legal status via consular processing. “Implementing a risk-based strategic approach to the CPR-interview process will increase efficiencies that improve processing times, allow for a better use of agency staffing resources, and help reduce the pending caseload while still maintaining procedures to identify fraud and protect national security,” said USCIS Director Ur M. Jaddou. “This update is consistent with agency priorities to break down barriers in the immigration system, eliminate undue burdens on those seeking benefits, and effectively respond to stakeholder feedback and public concerns.” The previous policy was not effective and extended the process for more than 2 years for those waiting for application to be processed. The new process is hoping to assist in cleaning the backlog of the applications waiting for approval.

Today, USCIS has issued a new policy about job portability after filing application for Adjustment of status through I-140 petition has already been filed. This policy claims to consolidate existing guidance on determining eligibility to transfer, or “port” including evaluating whether the new job offer is in the same or similar occupational classification as the job specified in the Immigrant Petition for Alien Workers...
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The U.S. Citizenship and Immigration Service, USCIS, has recently shared that beginning April 1st, individuals applying with Form N-400 for Naturalization, can now choose to ask for a new or a replacement Social Security Number (SSN) or card, and update their immigration status with the Social Security Administration (SSA), without the need to go to an SSA office in person. Individuals who are not yet citizens but are applying for naturalization using the updated Form N-400 (dated 04/01/24) will now have the option to ask for a Social Security Number (SSN) or a replacement card alongside their Form N-400 submission. This means that new citizens no longer have to go to an SSA field office to request a SSN or a replacement card, or to provide documents proving their U.S. citizenship status. However, it’s important to note that the SSA could ask for more information if necessary. Applicants using the Form N-400 from the 09/17/19 edition won’t find the option to request a SSN or replacement card because those questions are only in the 04/01/24 edition. This newer edition will be available for online filing starting April 1st. To file online, applicants must create a USCIS online account, which not only lets you submit forms and pay fees securely but also track the status of any pending USCIS immigration request. Setting up this account is free and offers a variety of perks like communicating with USCIS through a secure inbox and the ability to respond to Request for Evidence digitally.