The USCIS through the Department of Health and Human Services and the Centers for Disease Control have announced that effective October 1, 2021 all medical examinations to be used to support an I-485 filing will require a COVID vaccine. The key date is the date of the examination, not the date of the I-485 filing.… Continue reading COVID Vaccine Mandated for I-485 Applicants
Today, the USCIS announced new procedures for re-scheduling biometric appointments. They reminded everyone that if you do not attend your scheduled appointment or re-schedule in advance by proving good cause, that your underlying application will be considered abandoned. For I-485 applicants, we do not recommend traveling internationally until after your biometrics have been taken to… Continue reading Update on Biometric Appts
The USCIS has announced that they will no longer apply the Public Charge Rule introduced by the Trump Administration but, will revert back to the rule that was in effect prior to October of 2019. A summary of the rule that will now be applied can be found here. As a practical matter, this means… Continue reading Public Charge Rule Dies
The USCIS has won a victory in Federal Court that allows them to once again require public charge proof in certain immigration filings including the I-129 H and L and the I-485. With many priority dates expected to become current in October, the additional paperwork will be mandated with all filings.
The Department of State (DOS) has released the August Visa Bulletin and we saw significant forward movement in several categories. For example, India EB1 moved forward 8 mos; China EB1 moved forward 6 mos; and, EB3 all other countries and the Philippines both moved forward almost a full year. The USCIS has announced that they… Continue reading August Visa Bulletin
The USCIS has announced that it will not honor the Department of State “Dates for Filing” chart contained in the October Visa Bulletin. Instead, they will utilize the “Final Action Date” chart and only accept 485 filings that have a priority date that is current using said chart.
The Department of State (DOS) has recently released the October Visa Bulletin. This is a critical bulletin as it is the first bulletin for the new fiscal year and provides a glimpse into expectation of priority date movement for the entire fiscal year. In spite of speculation to the contrary, the bulletin includes both the… Continue reading October Visa Bulletin
Recently, the USCIS began to deny advance parole applications if the person traveled internationally while the AP application was pending. For many years, the USCIS had continued to adjudicate and approve AP’s if you traveled as long as you were on an H or L visa however, that policy has now changed (without any notice).… Continue reading Advance Parole and Travel
On December 1, 2015, the 8th Circuit decided Rajasekaran v. Hazuda, 2015 BL 393183, 8th Cir., No. 14-3623, 12/1/15, and found that Courts can’t review USCIS failure to provide reasons for I-140 revocation, and an I-140 that wasn’t valid to begin with isn’t made valid by an immigrant changing jobs pursuant to the AC21 portability… Continue reading 8th Circuit Weighs in on I-140 Revocations
And you think your I-485 case has pending too long (with a current priority date) ? Try fourteen (14) years ! In a recent court decision, a Federal judge in Virginia ruled that a mandamus action could proceed against the USCIS for its failure to adjudicate an I-485 application filed in 1999. The Federal judge does… Continue reading Mandamus Victory in I-485 case
How long should it take for the USCIS to process an I-485 application with a current priority date ? Certainly not 4 years, at least not without an explanation. As a result of a Federal mandamus action, a Federal judge ordered a USCIS representative to appear in Court and explain why a 485 case had taken… Continue reading How long is too long ?