Archives: Green Cards

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USCIS Explains New Policy on Discretionary Application Denials

Beginning September 11, 2018, USCIS immigration officers will have more discretion to issue petition and application denials without first issuing Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs). On September 6, 2018, the Ombudsman’s Office provided further details on the new policy change. The following was noted: The new policy takes effect … Continue Reading

Insights: How to Prepare for Rescission of H-4 Employment Program

The U.S. Court of Appeals for the D.C. Circuit, at the government’s request, has been holding a case on the viability of H-4 EADs in abeyance for about six months. The government said it planned to make significant revisions to its proposal to eliminate H-4 EADs. In its Spring 2018 Regulatory Agenda, DHS announced the expected … Continue Reading

USCIS Green Card Processing Time Information Poor, Inspector General Reports, and USCIS Agrees

Since 2011, government processing of green card applications has taken longer and longer. Concerns expressed by lawmakers, immigration advocates, and the public prompted Senator and Ranking Member of the Senate Committee on Homeland Security and Governmental Affairs Claire McCaskill (D-MO) in late-2016 to ask the Office of Inspector General (OIG) of the DHS to review … Continue Reading

‘I-Squared’ Bill Would Change H-1B and Other Immigration Programs

While the Administration and Congress work to reconcile the needs of DACA recipients with concerns over border security and illegal immigration, Senators Orrin Hatch (R-UT) and Jeff Flake (R-AZ) have introduced a bill to reform immigration programs for high-skilled workers. If the bill passes, it would go a long way to maintaining U.S. competitiveness in … Continue Reading

Update: The Diversity Lottery Will Restart Following Resolution of Technical Issue

We previously reported on the Department of State’s acceptance of applications for the diversity immigrant lottery. Since then, the DOS has announced on the Diversity Lottery website: Due to a technical issue, the DV-2019 entry period that began on October 3 has been closed. Entries submitted during October 3-10 are not valid and have been … Continue Reading

Insights: AOS Interviews Begin

The USCIS has started conducting in-person interviews for all employment-based adjustment of status (AOS) applicants whose applications were filed on or after March 6, 2017. The AOS will not be approved until after a “successful” interview. Although there is no formal guidance as yet, there have been some reports on what to expect. The Process … Continue Reading

Insights: Options for Haitians in TPS

In May, the Temporary Protected Status (TPS) program for Haitians was extended for six months, until January 22, 2018. Generally extended in 18-month intervals, then-Secretary of Homeland Security John Kelly had extended the Haitian TPS for six months only because “Haiti has made progress across several fronts since the devastating earthquake . . . [and] … Continue Reading

Department of State Begins Accepting Applications for Diversity Immigrant Visa Lottery on October 3

Registration for the Department of State’s Diversity Lottery will be opened from noon EDT on October 3, 2017, to noon EDT on November 7, 2017. This program makes 50,000 immigrant visas available to individuals from countries with low rates of immigration to the U.S. The lottery registration and application process is conducted completely online and … Continue Reading

State Department Replaces Rule for Inconsistent Conduct by Aliens

The Department of State has quietly revised guidance to Consular Officers on the “30/60 Day Rule” regarding adjustment of status applications. The Rule sets standards for determining whether an alien would be inadmissible for inconsistent conduct. It provides: If an alien engaged in inconsistent conduct within 30 days of an entry, a willful misrepresentation could … Continue Reading

In-Person Interviews for Each Green Card Applicant to Begin October 1

USCIS spokesperson Carter Langston confirmed that as of October 1, 2017, the employment-based green card process will include an in-person interview. Formal interviews have been a possibility for employment-based permanent residency applicants. However, for the last 10 years, employment-based green card applicants generally had the interview waived. Historically, in-person interviews were a sign of trouble, … Continue Reading

Diversity Applicants Sue to Force State Department Action

A group of diversity lottery applicants from countries covered by President Donald Trump’s travel ban have filed suit in the U.S. District Court for the District of Columbia seeking to force the State Department to adjudicate their diversity lottery visa applications before time runs out for them. Administered by the Department of State, the Diversity … Continue Reading

Trump Announces Support for Senate Bill Curbing Legal Immigration

President Donald Trump has announced his support for a reduction in legal immigration to the United States, backing a modified version of the bill first introduced in April by Senators Tom Cotton (R-AR) and David Perdue (R-GA). Trump on August 2 said he embraced a new “merit-based” immigration system, which he contends will benefit American … Continue Reading
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