For more than a dozen years, USCIS directed its officers to generally defer to prior determinations of eligibility when adjudicating extension requests involving the same parties and facts as an initial petition or application. The deference policy was most often exercised in the context of extensions of Form I-129 work-related visa petitions. In practice, this […]
Palmer Polaski Blog
USCIS Extends Premium Processing to E-3 Nonimmigrant Visa Petitions: Effective February 24, petitioners filing a nonimmigrant visa petition requesting a change or extension of status to E-3 classification will have the option to request premium processing service for their petition. The E-3 visa classification applies only to nationals of Australia who are coming to the […]
USCIS updated guidance in its Policy Manual regarding the educational requirements for naturalization. The update, effective 3/1/21, provides that USCIS will revert to administering the 2008 civics test to applicants who filed for naturalization before 12/1/20, or who will file on or after 3/1/21. In the waning days of the Trump Administration, the education requirements […]
On February 18, 2021, the U.S. Citizenship Act of 2021 was formally introduced in both houses of Congress. If passed, the bill would bring citizenship to millions of foreign nationals and drastically reform the immigration system. In addition to providing a roadmap to citizenship for Deferred Action for Childhood Arrival (DACA) and Temporary Protect Status […]
In January, the DOJ Office of the Inspector General issued its report on the agency’s planning and implementation of its “zero-tolerance policy” for immigration offenses involving illegal entry and attempted illegal entry into the United States. The policy was announced and led by then Attorney General Jeff Sessions in April 2018. The policy required each […]
In late January 26, several CBP Ports of Entry (POEs at LAX, BWI, and EWR) indicated that they no longer had the authority to approve National Interest Exception (NIEs) related to the COVID-19 country-specific, health-related travel restrictions imposed on the Schengen Area, the U.K., Ireland, and Brazil recently maintained by the Biden Administration. The current […]
USCIS has implemented a new process extending green cards during the pendency of an I-90 application. Instead of issuing extension stickers at USCIS field offices, USCIS will issue a revised receipt notice for Form I-90 that extends the validity of green card for 12 months (12 months from the expiration date on the front of […]
The suspension of most legal immigration processing outside of the U.S., combined with staffing shortages and logistical challenges related to the pandemic at U.S. consulates around the world, has left hundreds of thousands of otherwise eligible visa applicants in limbo, and experts warn that the backlog could take years to resolve. A State Department official […]
The Supreme Court will decide if a grant of Temporary Protected Status (TPS) satisfies the requirements of “inspection and admission” for purposes of adjustment of status. A favorable Court decision could allow TPS recipients to adjust status even if they entered without inspection and had never been paroled. This case should help resolve a longstanding […]
On February 18, 2021, Immigration Customs and Enforcement (ICE) acting director Tae Johnson issued a memorandum offering interim guidance on the agency’s new enforcement priorities. According to the memo, ICE will prioritize the following groups of people for detention and deportation during the interim period: People considered to pose a national security risk. Examples include […]
