Articles Posted in Bona fide marriage

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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.

Want to know more? Just keep on watching.

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 the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the long processing times to adjudicate applications and petitions filed with the United States Citizenship and Immigration Services (USCIS). The backlog of cases has been especially significant for certain types of applications and petitions where demand is greatest, such as I-539 applications to extend/change nonimmigrant status, I-360 petitions for Amerasians, Widow(er), or Special Immigrants, I-765 Applications for Employment Authorization, I-751 Removal of Conditions applications, and many others. According to previous data, in 2014 an average green card case took about 5 months to be processed by USCIS, while in 2020 it has taken over 10 months to process the same type of application.

The reason behind these high processing times leads back to the crippling effects caused by COVID-19. Since the outbreak of the Coronavirus pandemic, USCIS has been experiencing a financial crisis as more and more people have found it difficult to afford paying costly fees for their immigration processes. To make matters worse, USCIS has also been experiencing a shortage in personnel and resources, making it difficult for the agency to efficiently adjudicate immigration benefits.

Many of these limitations have been caused by conditions in various states around the country, as well as local government mandates. States with high rates of coronavirus for example have been especially hard hit, making it difficult for USCIS to continue to operate at previous levels. The Biden administration has taken steps to try to improve conditions and reduce the backlogs by reinstating deferential immigration policies mandating immigration officers to defer to prior approvals where immigration benefits involve the same parties and facts. The agency has also lengthened the status of removal of conditions applicants from 18 to 24 months while their applications remain pending with the USCIS and implemented flexibility policies to respond to requests for evidence. Despite these changes there is much more that needs to be done.

Want to know more about these important updates? Just keep on watching.

Overview

Massive Delays at USCIS Reach Crisis Levels

  • According to USCIS data, from fiscal year 2017 to fiscal year 2021, processing times for all I-539 applications to change or extend status rose from about 2.8 months in 2017 to 9.8 months in 2021 (an increase of more than 250%)
  • In the same period, processing times for family-based adjustment of status (I-485) applications rose from 7.9 months in fiscal year 2017 to 13.2 months in fiscal year 2021 (an increase of more than 67%)
  • Also during the same period, processing times for naturalization applications (N-400) increased from 7.9 months in 2017 to 11.6 months in fiscal year 2021 (an increase of nearly 47%)

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick shares a recent update from USCIS regarding a new policy that will extend evidence of status for green card holders who are applying to remove the conditions on their green card with the filing of either Form I-751 Petition to Remove Conditions on Residence or Form I-829 Petition by Investor to Remove Conditions on Permanent Resident Status. Jacob also provides some cautionary information for conditional permanent residents who have divorced and are returning to the U.S. after temporary foreign travel, as well as added scrutiny for those applying for naturalization who initially gained their green card through marriage to a U.S. Citizen.

Keep on watching to find out more.

Overview

2 Year Extension of Status for Conditional Permanent Residents with Pending Form I-751 or Form I-829

USCIS has recently shared important information for conditional permanent residents who have been issued a two-year green card by USCIS and are now seeking to remove the conditions on their residence. Starting September 4, 2021, USCIS is extending the time that receipt notices can be used to show evidence of lawful status from 18 months to 24 months for those who have properly filed Form I-751 Petition to Remove Conditions on Residence or Form I-829 Petition by Investor to Remove Conditions on Permanent Resident Status.

Previously, after filing Form I-751 or Form I-829, USCIS was issuing receipt notices which included an automatic 18-month extension of lawful status, allowing applicants to lawfully remain in the United States 18-months past the expiration of their green cards while their applications were under review with the agency. These extensions were issued for 18-months because that was the estimated processing time for removal of conditions applications prior to the COVID-19 outbreak.

USCIS will now be issuing 24-month extensions to reflect the current processing times more accurately for these applications, which has increased during the COVID-19 pandemic.

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