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. 

The Diversity Immigrant Visa Program ("DV Lottery") is open to people from countries with "historically low rates of immigration" to the U.S. Selected individuals who successfully complete the immigration process will be able to obtain their immigrant visa or adjust status (become permanent residents/green card holders) in the U.S., along with their dependents. The program will start taking applications Wednesday, October 5, 2022, at 12:00 noon, Eastern Daylight Time (EDT) (GMT-4) and close Tuesday, November 8, 2022, at 12:00 noon, Eastern Standard Time (EST) (GMT-5).

Starting October 1, 2021, U.S. Citizenship and Immigration Services will require all applicants applying for permanent residence or refugee status to be vaccinated against COVID-19, with some exceptions. All medical examinations performed by a Civil Surgeon on or after October 1, 2021 will require proof of vaccination.

On July 15, 2021, a Texas federal judge found the Deferred Action for Childhood Arrivals (DACA) program illegal and blocked new applications.  However, the ruling allows current DACA beneficiaries to continue to seek renewal of status. The Biden administration intends to appeal this decision.

Effective March 9, USCIS suspended use of the “Inadmissibility on Public Charge Grounds” rule instituted by the Trump administration.  Petitioners and applicants who have not yet filed should not fill out or provide information related to Form I-944.