Articles Posted in CBP

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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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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick shares with you why more than 100,000 U.S. Citizens are stuck overseas unable to renew their U.S. passports. Additionally, Jacob discusses the reason behind the denied entry of thousands of green card holders who have remained overseas for more than a year, and the status of visa services for U.S. Citizens and legal permanent residents at U.S. Embassies and Consulates abroad. Tune in to learn more about what you can do, if you are a U.S. Citizen or green card holder currently stuck overseas during the Embassy closures.

Want to know more? Keep on watching.

Overview

During the Coronavirus pandemic, Consular appointments for U.S. Citizens have been nearly impossible to obtain. That is because public health and safety remain a paramount concern during the COVID-19 health crisis. The unprecedented circumstances surrounding the Coronavirus pandemic have unfortunately prompted U.S. Consulates and Embassies worldwide to drastically scale back visa operations, including the services that can be provided. Embassies and Consulates have said that visa operations will not resume as normal until it is safe to do so. The social distancing protocols and local quarantines have also had an impact on the volume of people that can be seen for visa appointments, making them a lot more difficult to come by.

This reduction of visa services has not just impacted immigrant and non-immigrant visa applicants, but also U.S. Citizens and legal permanent residents living overseas.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses an important topic. Recently Iranian Americans with dual citizenship have been questioned by Customs and Border Protection upon re-entering the United States. Our clients have been asking: can the government do this?

Stay tuned to find out more.

Overview: 

As our readers may be aware tensions between the United States and Iran have been at an all-time high following the killing of Qasem Soleimani, an Iranian military commander by a United States airstrike.

Since Soleimani’s killing, the Iranian government and supreme leader have vowed to retaliate against the United States.

The United States Department of State has issued a level four travel advisory notice for Iran, alerting United States Citizens of the dangers they may face in traveling to Iran including kidnapping, arbitrary arrest, and detention. The DOS has also advised United States citizens against traveling because the United States government does not have any diplomatic or consular relations with the government of Iran and cannot provide emergency assistance to U.S. Citizens in Iran.

The DOS has also made clear on its website that Iranians with U.S./Iranian nationality are not immune to these dangers and are advised against traveling.

CBP’s Right to Question

Having said that, generally Customs and Border Protection has the right to question any individual seeking admission to the United States about any matter that they consider relevant in determining an individual’s admissibility to the country.

Given the current circumstances and political climate, it is expected for Customs and Border Protection to question Iranian American dual citizens at the port of entry, about things like their social media, what they were doing in Iran, their feelings about the political situation in Iran, who they know in Iran, and other such questions.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, we bring Polish citizens an exciting new update regarding the Visa Waiver Program.

What’s happening?

The Department of Homeland Security recently announced the addition of Poland, as a country eligible to participate in the Visa Waiver Program.

What is the Visa Waiver Program?

The Visa Waiver Program allows citizens or nationals of certain countries to travel to the United States for tourism or business purposes without having to apply for a tourist visa at a U.S. Consulate abroad. The period of time that a traveler may remain in the United States under the Visa Waiver Program is 90 days or less.

How does it work?

Citizens of countries participating in the Visa Waiver program may travel to the United States without a visa by using their passports and an approved ESTA (Electronic System for Travel Authorization) form that can be completed on the U.S. Customs and Border Protection website in a matter of minutes.

Poland Joins Visa Waiver Program 

Beginning November 11, 2019, Polish citizens may travel to the United States under the Visa Waiver Program. This means that as a Polish citizen or national, you will not need to apply for a visa in order to enter the United States as a tourist or for select business purposes.

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