Articles Posted in Adjustment of Status

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Are you a green card applicant filing Form I-485 Adjustment of Status? Have you ever wondered when you should complete your medical examination? If so, this is the right video for you. This has been a point of contention for many years. Many applicants have been left wondering, is it better to file the medical exam with the adjustment of status application, or should the medical exam be brought to the interview? In this video, attorney Jacob Sapochnick tells you all you need to know about this important topic.

Did you know? Due to COVID-19 related processing delays, the U.S. Citizenship and Immigration Services extended the validity period of Form I-693 Report of Medical Examination, from 2 years to now 4 years for those who meet certain requirements. As of August 12, 2021, USCIS will consider a Form I-693 valid if: (1) the civil surgeon’s signature is dated no more than 60 days before the applicant files Form I-693 (2) no more than four years have passed since the date of the civil surgeon’s signature; and (3) a decision on the applicant’s Form I-485 is issued on or before September 30, 2021. Otherwise, the medical exam is valid for 2 years.

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Overview

The green card medical examination is a fundamental step in the immigration process for all applicants seeking permanent residency in the United States. The medical exam, must be completed by a U.S. civil surgeon, meaning a doctor who is authorized by U.S. Citizenship and Immigration Services (USCIS) to perform medical examinations for green card applicants. Not all physicians will be eligible to complete the medical exam. You can find an authorized doctor by visiting the USCIS webpage here.

During your exam

The medical examination consists of a review of your medical history and a physical examination. As part of the exam, the doctor will test for communicable diseases such as tuberculosis, syphilis, and gonorrhea, test for drugs and alcohol, and other diseases and illnesses.

Once the exam is complete, the doctor will sign and complete the Form I-693 and seal the form in an envelope for you to submit to USCIS. You must ensure that the doctor provides you a sealed envelope containing their report. The envelope cannot be opened or altered.

What is the purpose of the medical exam?

The medical examination is required for any applicant filing for adjustment of status to establish that the applicant is not inadmissible to the United States on public health-related grounds. This means that applicants must be screened to ensure that they do not have any health conditions that could make them ineligible for the green card. Failure to provide an adequate medical examination could result in processing delays, and in some cases a denial of the green card application.

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Want to know how to change your address with the U.S. Citizenship and Immigration Services? In this video, attorney Jacob Sapochnick walks you through the process with a step-by-step guide and answers some of your frequently asked questions.

Did you know? By law, most temporary U.S. visa holders and even lawful permanent residents are required to inform USCIS every time they change their residential address. The address change notification must be sent to USCIS within 10 days of moving.

Failing to notify USCIS of an address change can have serious consequences, including making a foreign national subject to deportation. In addition, it could lead to non-delivery of very important correspondence from USCIS such as delivery of a green card, requests for evidence, and/or denial notices associated with a pending application or petition.

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Overview

home-gbb57f5a14_1920While you are going through your immigration process with USCIS, there may come a time where you must move to a new residence. Whether it’s moving to a different city or state, you are required to notify USCIS of your move within 10 days by filing a change of address form on the USCIS webpage or by mail.

It is very important to file your change of address for two reasons. First, by failing to change your address you might miss out on receiving critical correspondence from USCIS such as Notices of Action on your case, requests for additional evidence needed from you (RFEs), interview appointment notices, biometrics appointment notices, notices of intent to deny, and such related documents. Many of these notices are subject to time limits, requiring applicants to respond or appear by specific dates. Failure to respond by the stated deadline on a notice, or failure appear for an appointment could not only result in the closure and denial of your case, but also potential removal from the United States.

Secondly, you must change your address with USCIS because it is the law. As stated, under the law, you are required to notify USCIS every time that you move. In fact, failure to notify USCIS of a change of address can be a misdemeanor offense, could lead to fines, jail time, and in some instances even deportation for those who have never ever reported an address change.

The reality is that often times people are not penalized for failing to report a change of address with USCIS, because the vast majority of people who go through the immigration process do in fact submit a change of address online.

What if I am a green card holder, do I need to notify USCIS of my change of address?

Absolutely. Even legal permanent residents (LPRs) must notify USCIS every time that they move within 10 days of the move. The rules are the same regardless of whether you are a conditional permanent resident (2-year green card holder) or legal permanent resident (10-year green card holder). It does not matter that you do not have a pending case with immigration. You must still notify USCIS every time that you move.

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What’s happening with the status of green card processing with USCIS? In this video, attorney Jacob Sapochnick, discusses an exciting new update for green card applicants recently handed down by the Presidential Advisory Commission.

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Overview

Things are looking up in the world of immigration. We have recently learned that a U.S. Presidential Advisory Commission has voted to reduce the processing time of green card applications to a period of 6 months. The Advisory Commission has recommended these recommendations be enacted by President Biden, to provide relief to applicants waiting in the enormous backlogs to attain permanent resident status.

What is this all about?

The President’s Advisory Commission on Asian Americans, Native Hawaiians, and Pacific Islanders (PACAANHPI) has recommended that the U.S. Citizenship and Immigration Services (USCIS) establish a new internal cycle time goal by eliminating inefficiencies such as redundancies, facilitating automation of approvals, and improving internal systems. The Advisory Commission hopes that the new cycle time for processing forms will drastically reduce green card processing times to just 6 months for all forms related to all green card applications, family-based green card applications and DACA renewals. The Commission has also recommended for the National Visa Center (NVC) to hire additional officers to support additional capabilities to schedule immigrant visa (IV) interviews.

The objective is to increase processing capacity by 100% by August 2022 and reach 150% capacity by April of 2023.

Once the National Visa Center is able to catch up with pent up demand, U.S. Embassies and Consulates worldwide should also increase capacity by hiring more officers and become more efficient to meet the 6-month time cycle proposed by the Presidential Advisory Commission.

If this recommendation is adopted, it will speed up the processing of thousands of green card applications currently stuck in the backlogs and result in faster approvals.

The Advisory Commission reviewed I-485 green card applications pending in the United States and requested USCIS to try to process associated I-765 work permits and I-131 travel permits also within 90 days.

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Have you ever wondered whether you can obtain a green card once you have overstayed your visa? In this video, attorney Jacob Sapochnick, answers precisely this question, along with related topics that might interest you. For instance, what should a person do once they have overstayed? What are the options to cure an overstay to obtain lawful status in the United States?

To understand more about this complicated topic, please keep on watching.

Overview

In most cases, a foreign national will come to the United States lawfully, meaning that they arrived on a valid visa type such as a student, visitor, or work visa and were inspected and admitted to the United States. Unfortunately, in some situations individuals fall out of status and overstay their period of authorized stay. Whether it is because they lost their job, failed to attend school, or could not leave the United States in time before the expiration of their I-94 arrival/departure record, there are many situations that can cause an overstay to happen.

By contrast, some individuals enter the United States unlawfully, meaning that they entered the United States without being inspected and without a valid visa. The issue of whether the foreign national entered lawfully or unlawfully is crucial when it comes to the options that may be available once an overstay has occurred.

How do I know if I overstayed my U.S. visa?

First, let’s discuss the threshold question of how one can know whether they have overstayed their visa.

This may seem like a complicated question, but in fact is very easy to resolve. A person overstays their visa if they have remained in the United States past the authorized period of stay stamped in their passport. When a person is admitted to the United States, they receive a stamp issued by a Customs and Border Protection official which provides the exact date when the individual’s period of stay expires, and consequently when they must leave the United States.

In addition to the passport stamp, foreign nationals can retrieve their I-94 arrival/departure record on the Customs and Border Protection (CBP) website which includes their most recent date of entry, and the date their period of authorized stay expires. The date of expiration is the date at which the foreign national must depart the United States. Failure to depart by the date indicated means that the applicant has overstayed their period of authorized stay.

In some cases, the I-94 stamp, or I-94 record will include the notation “D/S” most commonly for individuals on student visas. This notation means that the applicant is expected to leave the United States, when their program of study has ended. The end date of the program of study can be found on the Form I-20 Certificate of Eligibility for Nonimmigrant Student Status. Students should contact their Designated School Official for this information.

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Welcome back to Immigration Lawyer Blog! In this video, attorney Jacob Sapochnick discusses what you can expect after filing Form I-130 Petition for Alien Relative, used by U.S. Citizens or Legal Permanent Residents (LPRs) to lawfully immigrate a qualifying relative to the United States, and how long it is taking for the U.S. Citizenship and Immigration Services (USCIS) to process these applications.

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Overview

The first step of the process to immigrate a foreign national involves the filing of Form I-130 Petition for Alien Relative. This application forms the basis of the foreign national’s eligibility to apply for a green card, based upon what is known as a qualifying family relationship. Not all family members may qualify.

If you are a U.S. citizen, you may file Form I-130 only for your eligible relatives. This includes your spouse, your children, your siblings, and your parents. If you are a permanent resident, you can petition for your spouse and any child under the age of 21.

What happens after filing Form I-130?

Once you have filed Form I-130 Petition for Alien Relative either by mail or online, you will receive a receipt notice in the mail known as Form I-797C Notice of Action. This notice will serve as proof that your application was received and properly filed with USCIS. The Notice will also include your Form I-130 receipt number where you can track the progress of your case online, and the date the case was received by USCIS also known as the priority date.

If you have filed Form I-130 by mail, you will receive the Notice of Action approximately 1-2 weeks after mailing the application. If you filed Form I-130 online, the Notice of Action will appear in your USCIS online account portal approximately 1 week after submission.

If you fail to include the correct filing fees with your application or your application is deficient in any other way, your case may be rejected and sent back to you. In such case, you would not receive a Notice of Action, and instead would receive a rejection notice along with your package being returned to you. Therefore, it is very important for applicants to review the Form I-130 instructions very carefully and provide all necessary fees and documentation with the filing. Failure to do so can result in the rejection of your case. If your case has been rejected, you are allowed to re-file your application with USCIS having corrected the mistake.

Thereafter, if any additional documentation is missing from your application, or if USCIS needs further information to process your Form I-130, they will issue a Request for Evidence (RFE) outlining the documentation and/or information they need from you to continue processing your case. Requests for Evidence (RFE) are sent by mail and include the deadline for responding to the Request for Evidence in the Notice. When an RFE is issued, the case is halted until you respond to the request. For this reason, it is important to respond in a timely manner and no later than the deadline indicated in the notice. Remember, the longer you delay in responding to an RFE, the more time it will take for your case to be adjudicated.

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Welcome back to Immigration Lawyer Blog! In this video, attorney Jacob Sapochnick teaches you how you can reschedule a biometrics appointment for fingerprints if you were unable to attend a previously scheduled appointment.

As you may know, for certain types of immigration applications filed with the U.S. Citizenship and Immigration Services (USCIS), such as applications for a work permit on Form I-765, travel permit on Form I-131, changes of status on Form I-539, citizenship on Form N-400, green card on Form I-485, etc. a biometrics appointment is required.

Several weeks after filing the application in question, the applicant receives a biometrics appointment notice in the mail requesting that the applicant appear in-person on the day and time stated, for capture of their biometrics. Biometrics refers to the process of taking a person’s photograph, fingerprints, and signature to establish a person’s identity and perform the necessary criminal background checks required by the government. A biometrics appointment is not an interview. It is a quick 15-minute appearance where fingerprinting and taking of the applicant’s photograph takes place.

So, how can you reschedule your biometrics appointment?

In general, USCIS recommends that the applicant appear in-person on the stated day and time of the scheduled biometrics appointment. However, there are times when the applicant is unable to attend the appointment and rescheduling becomes necessary, for instance due to illness. It is important to note that if an applicant misses his or her biometrics appointment, it is their duty to reschedule in a timely matter, otherwise the applicant will risk delay and, in some circumstances, even administrative closure of their case.

USCIS no longer accepts written requests to reschedule the appointment. Instead, applicants must call USCIS at 1-800-375-5283 (TTY 1-800-767-1833) preferably before the date and time of the original biometrics appointment and follow the prompts to reschedule the biometrics appointment. Applicants must demonstrate that there is “good cause” for rescheduling the appointment such as illness, travel conflicts, emergencies, etc. If applicants fail to establish “good cause,” USCIS may not reschedule the biometrics appointment.

Those who can establish “good cause” will receive a telephone call from a USCIS officer with the new date, time, and location of their biometrics appointment. With the current backlog, it may take several days or several weeks to receive a callback. Those who do not receive a call back within a reasonable period of time, should call USCIS again to request a new biometrics appointment. It is the applicant’s responsibility to be diligent and make sure a new biometrics appointment is scheduled.

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Welcome back to Immigration Lawyer Blog! In this video, attorney Jacob Sapochnick provides new insight into the status of green card processing within the United States (adjustment of status) by the United States Citizenship and Immigration Services (USCIS). A new article published by the Pew Research Center takes note of positive changes that are developing, as the number of new green cards issued by USCIS bounces back to pre-pandemic levels.

Want to know more? Just keep on watching.

Overview

A new research study conducted by the Pew Research Center reveals that the issuance of new green cards for those adjusting their status to permanent residence within the United States (using Form I-485) has rebounded to pre-pandemic levels, signaling a return to normalcy at least at the USCIS level.

This signals improvement in the social climate, as well as productivity among USCIS to push cases through the pipeline.

What is this new study about?

The Pew Research Center’s report makes comparisons between green card issuance prior, during, and after the pandemic, with results that are extremely positive.

The Center highlights that during the period of July to September 2021, USCIS issued approximately 282,000 new green cards to those seeking adjustment of status within the United States. This figure has been the highest recorded, since the pre-pandemic period of April through June of 2017, and was slightly higher than the quarterly average dating back to October 2015 through March 2020.

In comparison, at the height of the pandemic in mid-2020, only 79,000 new green cards were issued, with the lowest recorded from April to June 2020 at 19,000 new green cards.

As you can see from the graph below, the issuance of green cards was at an all-time low during 2020, and gradually made a rebound each quarter eventually matching average figures at pre-pandemic levels.

This shift is extremely impressive considering that USCIS faced severe backlogs when its offices closed during the pandemic and interviews were not able to be conducted. Over the last year, however, USCIS has tackled the backlog by hiring additional personnel, distributing workloads, and leaning on discretionary policies such as waivers of in-person interviews to better manage caseloads.

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Welcome back to Immigration Lawyer Blog! In this video, attorney Jacob Sapochnick discusses an important new update to the USCIS Policy Manual clarifying the circumstances under which a USCIS officer may waive the in-person interview requirement for family-based conditional permanent residents filing to remove their conditions on permanent residence on Form I-751 Removal of Conditions. Conditional permanent residents are those who have received a 2-year conditional green card from USCIS and are seeking to remove those conditions to obtain the 10-year permanent resident card.

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Overview

As you may be aware, foreign nationals who apply for a green card based on a marriage to a U.S. Citizen that was less than 2 years old at the time of approval, receive a conditional green card valid for a 2-year period. This is done as a fraud prevention mechanism to ensure that the foreign national married the U.S. Citizen for the right reasons, and not solely to obtain an immigrant benefit. Foreign nationals who receive a 2-year conditional green card must file Form I-751 to remove their conditions, within the 90-day window before their conditional green card expires.

To ensure that the foreign national has a bona fide marriage, USCIS requires the conditional green card holder to appear for an in-person interview so that the officer has the opportunity to evaluate whether the marriage was entered on a genuine basis, and not to circumvent U.S. immigration laws.

The policy manual now clarifies that USCIS officers have the discretionary power to waive the in-person interview requirement for I-751 Removal of Conditions applicants, under certain circumstances.

According to the new guidance, USCIS officers may consider waiving an interview, if, generally, the applicant meets all eligibility requirements for removal of conditions, and the record contains sufficient evidence for approval, and there is no indication of fraud, misrepresentation, criminal bars, or such factors that would require the in-person interview to take place.

In practice this means that the conditional permanent resident must have provided sufficient documentary evidence to establish their eligibility for removal of conditions, including proof of cohabitation, joint ownership and responsibility for assets and liabilities such as joint federal income tax returns and joint checking and savings accounts, photographs of the couple throughout their relationship, children born to the marriage, and any other relevant documentation. The information stated on the I-751 Removal of Conditions application must also be free of any inconsistencies when compared to information provided in the applicant’s initial green card filing. For instance, inconsistencies in residential history or inconsistencies in facts stated can lead to an interview being required. Recent criminal offenses since the filing of the initial green card can also be a reason for an in-person interview to be required.

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Welcome back to Immigration Lawyer Blog! In this video, attorney Jacob Sapochnick goes over the upcoming April 2022 Visa Bulletin and what you can expect in terms of movement or retrogression in the employment based and family sponsored preference categories.

The visa bulletin is issued every month by the Department of State. It shows which green card applications can move forward, based on when the immigrant petition that starts the green card process was originally filed. The visa bulletin allows you to estimate how long it will take before you will be able to get your green card, based on how quickly the “line” is moving now. You can check the visa bulletin on a monthly basis to determine your place in line.

Want to know more? Keep on watching for all the details.

Overview

What’s happening in the employment-based categories?

FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE

According to the Department of State’s April 2022 Visa Bulletin, the following final cutoff dates will apply for the issuance of an immigrant visa for employment-based categories:

  • EB-1: All countries, including India and China, will remain current.
  • EB-2: India will advance by more than 2 months to July 8, 2013, and China will remain at March 1, 2019. All other countries will remain current.
  • EB-3 Professionals and Skilled Workers: EB-3 India and China will remain unchanged from the previous month, at January 15, 2012, and March 22, 2018, respectively. All other countries will remain current.
  • EB-4: All countries are current, except El Salvador, Guatemala, and Honduras at May 01, 2017, and Mexico at April 01, 2020.
  • EB-5: The Non-Regional Center program will be current for all countries, including China. The Regional Center program has been reauthorized by recent legislation but is still listed as Unavailable in the April Visa Bulletin Final Action Date chart, given that certain provisions of the reauthorizing legislation have not yet taken effect.
Employment-
based		 All Chargeability
Areas Except
Those Listed		 CHINA-
mainland
born		 EL SALVADOR
GUATEMALA
HONDURAS		 INDIA MEXICO PHILIPPINES
1st C C C C C C
2nd C 01MAR19 C 08JUL13 C C
3rd C 22MAR18 C 15JAN12 C C
Other Workers C 01JUN12 C 15JAN12 C C
4th C C 01MAY17 C 01APR20 C
Certain Religious Workers U U U U U U
5th Non-Regional Center
(C5 and T5)		 C C C C C C
5th Regional Center
(I5 and R5)		 U U U U U U

DATES FOR FILING FOR EMPLOYMENT-BASED PREFERENCE CATEGORIES

Employment-
based		 All Chargeability
Areas Except
Those Listed		 CHINA-
mainland
born		 EL SALVADOR
GUATEMALA
HONDURAS		 INDIA MEXICO  PHILIPPINES 
1st C C C C C C
2nd C 01APR19 C 01SEP14 C C
3rd C 01APR18 C 22JAN12 C C
Other Workers C 01AUG15 C 22JAN12 C C
4th C C 15JUN17 C C C
Certain Religious Workers C C 15JUN17 C C C
5th Non-Regional Center
(C5 and T5)		 C C C C C C
5th Regional Center
(I5 and R5)		 C 15DEC15 C C C C

Which filing chart do I use if I want to apply for adjustment of status based on employment within the USA?

All employment-based preference categories, except EB-5 petitions based on the Regional Center Program, may apply for adjustment of status using the Dates for Filing Chart in the Department of State Visa Bulletin for April 2022.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the USCIS backlogs and current USCIS processing times in the year 2022. You can expect information about the specific increase in processing times for I-130 family petitions, N-400 applications for citizenship, I-485 adjustment of status applications, and I-140 applications for employment based green cards.

Want to know more? Keep on watching for all the details.

Overview

The USCIS Backlogs

In this video we talk about the latest statistics with respect to USCIS backlogs and case delays impacting many of the people watching our videos. As you know, the Coronavirus pandemic has severely impacted the processing times of USCIS petitions with many service centers facing unprecedented delays. As time goes on, we expect the USCIS backlogs to continue to grow. It is estimated that the agency will take at least a year to catch up to current demand.

According to an August 2021 government accountability report, it is estimated that the number of cases pending adjudication at USCIS grew by over 81% since fiscal year 2015.

Looking at the second quarter of fiscal year 2020, USCIS had a backlog of approximately 3 million cases which swelled to 5.8 million cases by fiscal year 2021.

Essentially, the report indicates that USCIS processing delays have continued to grow since fiscal year 2017, increasing by approximately 50% in fiscal year 2021. This has happened despite only a slight 3.6% increase in cases received annually by USCIS. Over the last fiscal year alone (FY 2020 to 2021), there was about an 11% increase in USCIS processing times.

This information is crucial to understand the reasons behind the current USCIS backlogs caused partially by the COVID-19 pandemic, the inefficiencies on the part of USCIS, budgeting issues, and other contributing factors. The fact is, USCIS is facing a crisis.

So, what are the main types of applications being impacted by the backlogs?

According to the report, certain “high volume” forms filed with USCIS have been disproportionately impacted.

These include Form I-730 Refugee/Asylee petitions, that are now facing processing time increases of 20 months when compared to 12.4 months in fiscal year 2019.

Form I-485 green card applications also increased to 12.9 months when compared to 10.9 months in fiscal year 2019.

Similarly, N-400 application processing times increased to 11.5 months when compared to 10 months in fiscal year 2019.

Form I-130 petitions for alien relative increased to 10.2 months when compared to 8.6 months in fiscal year 2019.

Finally, processing times for Form I-140 immigrant petitions for alien workers increased to 8.2 months when compared to 5.8 months in fiscal year 2019.

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