The USCIS has announced that its public charge rule will go into effect on Dec 23, 2022. This has the practical result of requiring all I-485 applications in process but, not yet filed to be re-done to use the new I-485 form version that was just released. For employment based applicants, there should be little… Continue reading Public Charge Rule Goes into Effect
The USCIS is devoting a lot of resources to adjudicate as many employment based I-485 cases as possible this fiscal year. They have recently published an FAQ to provide suggestions for applicants with pending I-485 cases to insure that they are timely adjudicated. These hints include: not filing a new I-485, not mailing medical exams… Continue reading Get Your GC This Year !
As of April 4, 2022, it has been reported that pending I-485 applications at both the NSC and TSC have been transferred to the National Benefits Center so they may have faster processing. The USCIS has taken a number of steps to speed up the processing of I-485 applications with current priority dates (under the… Continue reading I-485 Cases Transferred
The USCIS has again released an alert encouraging people that are eligible, to file I-485 applications; and, for those persons that have I-485 applications pending under EB3 that are eligible to transfer to an EB2 or EB1 category, to do so immediately, to take advantage of the large number of immigrant visas available this fiscal… Continue reading USCIS Urges I-485 Filings
The USCIS has announced a specific process to be followed for transferring from EB3 to EB2 with a pending I-485. This transfer of your underlying basis is advised for persons who have a pending I-485 that was filed using an EB3 I-140 where; the priority date is not current under the EB3 category but, is… Continue reading From EB3 to EB2 !
Many Indian nationals that filed a 485 in the fall of 2020 using a downgrade EB3 I-140 have now found themselves in a situation where their EB3 priority date has retrogressed but, their original approved EB2 priority date has now moved ahead and may be current or, based upon more recent DOS proclamations, is expected… Continue reading I-485 Interfiling ? My EB2 PD is current ?
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