Generally, noncitizens applying for immigration benefits who need to prove they are admissible, such as adjustment of status applicants, must submit a Form I-693 to demonstrate they are free from any conditions that would make them inadmissible based on health-related grounds. A Form I-693 that was completed and signed by a civil surgeon on or after November 1, 2023, does…
USCIS has revised its FAQs regarding employment-based adjustment of status for FY2024, reaffirming its commitment to utilizing as many available employment-based visas as possible. The FAQs also cover topics such as interfiling, retrogression, the Child Status Protection Act (CSPA), medical examinations, and other related matters. Remzi Guvenc Kulen Esq. Kulen Law Firm P.C.
USCIS determined that for April 2024, applicants in all family-sponsored preference categories must use the Dates for Filing chart and all employment-based preference categories must use the Final Action Dates chart. According to the April 2024 visa bulletin, the priority date for the Second preference (F2A) – spouses and children (unmarried and under 21 years of age) of lawful permanent…
Some consular processing applicants might be exempted from attending an interview if they meet certain conditions. This simplified procedure is applicable to those applying for specific nonimmigrant visa categories or seeking visa renewals within the same nonimmigrant category. You might be eligible for an interview exemption if you are applying for an H-2A or H-2B visa (for temporary agricultural and…
USCIS has issued a reminder that starting April 1, 2024, certain updated forms must be used by filers. They emphasize that the new 04/01/24 editions of these forms are required for submissions on or after April 1, 2024, and USCIS will only accept forms postmarked on or after that date. Remzi Guvenc Kulen Esq. Kulen Law Firm P.C.
There has been reports and examples of problems arising from USCIS transfers of I-129F petitions to the NVC. There has been a significant delay in the transfer of approved I-129F petitions from USCIS to the NVC, with the process taking an average of three to five months, much longer than anticipated. Upon receiving the petitions, the NVC’s creation of cases…
It has been noted that a trend of Requests for Evidence (RFEs) and denials in EB-1A, EB-1B, and EB-2 NIW petitions that seem to diverge from established legal standards and USCIS policy guidance. These issues include, among others, imposing requirements beyond the agency’s authority, incorrectly merging the two-step adjudication process, and not adequately assessing evidence based on the “preponderance of…
USCIS provided clarification on its handling of expedite requests concerning government interests and requests related to emergencies and urgent humanitarian situations. This includes details on how to submit expedite requests and how USCIS processes them. You can find detailed information on here: USCIS Updates Policy Guidance Clarifying Expedite Requests | USCIS Remzi Guvenc Kulen Esq. Kulen Law Firm P.C.
Advocates have filed a lawsuit in the U.S. District Court for the District of Colorado challenging the upcoming USCIS fee increase for certain immigration applications, set to take effect on April 1, 2024. The plaintiffs, including the American Immigrant Investor Alliance, IT Service Alliance, and an EB-5 investor, argue that the final rule implementing the fee changes should be preliminarily…
USCIS has started processing renewal applications for employment authorization in batches for certain categories, including a17 (spouse of E nonimmigrant), a18 (spouse of L nonimmigrant), and c26 (H-4 spouse of H-1B nonimmigrant). A practice alert has been issued based on reports, noting that USCIS is issuing batched EADs with a common expiration date for these categories. Remzi Guvenc Kulen Esq.…
