On May 19, the Trump administration finalized a rule that allows it to extend restrictions at the border indefinitely. The rule amends an existing rule that allows borders to be closed for health reasons. The new version of the rule bans the “introduction of certain aliens” until the CDC concludes that the coronavirus no longer […]
Flexibility for Visa Waiver Entrants. Visa Waiver Program (VWP) entrants are not eligible to extend their stay or change status. However, under current regulations, if an emergency (such as COVID-19) prevents the departure of a VWP entrant, USCIS in its discretion may grant a period of satisfactory departure for up to 30 days. Please see 8 CFR […]
In response to the Coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services announced that it is adopting a measure to assist applicants and petitioners who are responding to requests for evidence (RFEs) and notices of intent to deny (NOIDs) dated between March 1 and May 1, 2020.
For applicants and petitioners who receive an RFE or NOID dated between March 1 and May 1, 2020, any responses submitted within 60 calendar days after the response deadline set forth […]
The United States Citizenship and Immigration Services officially announced today that due to the ongoing COVID-19 National Emergency, the office will accept all benefit forms and documents (including the Form I-129) with reproduced original signatures. This will only apply to submissions dated March 21, 2020 and onward.
A reproduced signature means that a document may be “photocopied, or […]
The U.S. is preparing to impose restrictions that will make it more difficult for pregnant women to travel to the U.S. on tourist visas. Though consular officers cannot ask whether a woman is or plans to become pregnant, applicants will be denied if consular officers determine they are traveling to the U.S. primarily to give birth. […]
ICE has sent letters to certain DACA recipients saying it will file to administratively reopen closed deportation cases against them. Many of these deportation cases were closed nearly a decade ago, and are against DACA recipients with little or no criminal record. If are a DACA recipient or your case is reopened, we might be […]
USCIS Expands Guidance Related to Naturalization Citizenship Requirement of Good Moral Character (GMC)
Under the Immigration and Nationality Act (INA), an applicant for naturalization must establish GMC. Although the INA does not directly define GMC, it does describe certain acts that bar establishing GMC of an applicant. Examples of unlawful acts recognized by case law as barring GMC include, but are not limited to, the following:
Travel outside the United States if I have a greencard application (I-485) adjustment of status application pending
No, not without advance permission. If you depart the United States with a pending Form I-485, you have abandoned your application unless you receive permission in advance from USCIS to return to the United States (Advance Parole)
Additionally, CBP may also consider you ineligible to return to the United States as an F-1 student because your […]
The first decision established that two or more DUI convictions automatically disqualify an immigrant from having “good moral character.”
The second decision decreases states’ ability to modify low-level crimes to avoid triggering immigration consequences. Modifications will now only apply to immigration proceedings if the modification was specifically because of a procedural error.
These decision have serious consequences […]