USCIS’ Policy of Processing N-400 Form While Form I-751 Pending On October 7, 2020, the Department of Homeland Security’s Office hosted a public webinar to discuss USCIS’ policy of processing citizenship applications while the Form I-751, Petition to Remove Conditions on Residence, is pending.[i] During this session, speakers confirmed that I-751 receipt numbers with the […]
New Rule Altering the H-1B Process and Prevailing Wage Levels On October 8, 2020, the Department of Labor Employment and Training Administration released an interim final rule which alters the computation of prevailing wage levels for H-1B workers and other employment-based workers.[i] The primary purposes of the new rule is to update the existing wage […]
Visa Bulletin for October 2020 The Department of State publishes a monthly Visa Bulletin to advise on immigrant visa (I-130 and I-140) availability. The Visa Bulletin summarizes the availability of statutorily-limited immigrant visas in two charts: “Final Action Dates” and “Dates for Filing Applications.” The U.S. Citizenship and Immigration Services (“USCIS”) then determines which chart […]
Public Charge Rule is Back On September 22, 2020, the USCIS announced that it plans to resume implementing the public charge rule that was in place before the COVID-19 outbreak.[i] If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, after Feb. 24, 2020 but before Oct. 13, 2020, you may […]
Visa Bulletin for September 2020 The Department of State publishes a monthly Visa Bulletin to advise on immigrant visa (I-130 and I-140) availability. The Visa Bulletin summarizes the availability of statutorily-limited immigrant visas in two charts: “Final Action Dates” and “Dates for Filing Applications.” The U.S. Citizenship and Immigration Services (“USCIS”) determines which chart in […]
USCIS Immigration Medical Exam When applying for a green card, i.e., adjustment of status, in the United States, applicants must submit a sealed medical examination. The immigration medical exam must be performed by a doctor who is authorized by U.S. Citizenship and Immigration Services (“USCIS”), i.e., a “designated civil surgeon.”[i] Individuals must bring the following […]
On September 1, 2020, an immigration lawyer of Lally Immigration Services represented a couple at a joint I-751/N-400 interview at the USCIS Lawrence Field Office. During your naturalization interview, the applicant was asked the following questions regarding U.S. history and government topics: What territory did the United States buy from France in 1803? What ocean […]
U.S. Department of State Announces Consular Posts Will Resume Fiancé Visa Application Processing On August 31, 2020, the U.S. Department of State (“DOS”) announced that consular posts will resume fiancé visa application processing as local conditions and resources allow. [i] Applicants should check the website of their nearest U.S. Embassy or Consulate for updates on […]
Lawsuit Challenging the New USCIS Fee Increase Today, the American Immigration Lawyers Association (“AILA”) announced that it has partnered with the law firm of Sidley Austin, LLP to file a lawsuit seeking an emergency nationwide injunction of the Department of Homeland Security (“DHS”) new Fee Rule, which is set to go into effect on October 2, […]
Visa Bulletin for September 2020 The U.S. Department of State (“DOS”) posted the September 2020 visa bulletin.[i] As of August 19, 2020, USCIS has not advised whether in September 2020, it will accept adjustment of status applications for family– or employment-based petitions based on filing dates or final action dates.[ii] USCIS anticipates that this information will […]
