In order to be included as derivatives on their parents’ permanent residence (green card) cases children must be under the age of 21.  The Child Status Protection Act (CSPA) provides some protection against a child “aging out” during the lengthy immigration process by establishing a “CSPA age” younger than a child’s chronological age. It is derived by taking the amount of time the underlying petition (e.g. I-130) spent in USCIS adjudication and subtracting it from the child’s chronological age when the petition is approved or the priority date becomes current, whichever occurs later.  But when does the priority date become current? 

H-1B and L-1 visa holders will be able to renew their visa stamps in the U.S. later this year, when the U.S. Department of State’s (DOS’) new consular division in Washington DC opens. While DOS has not announced an effective date for this pilot program, they have indicated it may extend to other visa categories in the future.

Initial registration for cap-subject H-1B visas will open at noon (Eastern) on March 1, 2023 and run through noon (Eastern) on March 17, 2023.  Registrations must be submitted by employers, agents, or representatives via a myUSCIS online account. New accounts may be created on USCIS’ electronic system beginning February 21, 2023. 

USCIS has expanded premium processing service, proposed lengthened response periods and higher fees

People seeking U.S. Permanent Resident status ( a green card) must show that they are not likely to become a “public charge.” The latest USCIS adjudications policy on this requirement took effect December 23, 2022  and raised the bar for approval.  However, the Department of State (DOS)has not implemented the same policy change, so consular processing is now less challenging than adjustment of status, at least regarding the Public Charge Ground of Inadmissibility.

USCIS has issued new policy that automatically extends legal permanent resident (LPR) status 24 months for those with Form N-400 receipts dated December 12, 2022, or later.  

If a person accrued more than 180 days but less than one year of unlawful presence in the U.S., he or she is inadmissible to the U.S. for three years following departure. One year or more of unlawful presence results in a 10-year bar of inadmissibility after departure.   The bar is triggered when the person with unlawful presence leaves, and one normally pictures him or her waiting the time out in some other country.  But what if a person is legally admitted to the U.S. during the period of the bar?  Can they wait it out here?

National STEM Day is November 8, but every day is STEM Day at immigration Law Associates.

In response to delays processing and issuing replacement Green Cards, the government is extending the validity period of those that are expired or expiring soon.