adjustment of status

This category covers the Adjustment of status relates articles.

USCIS Updates Policy on DNA Evidence in Support of Sibling Relationships

USCIS has updated its policy on the acceptance of DNA evidence supporting sibling relationships. This policy memorandum (PDF, 136 KB) permits officers to suggest and consider direct sibling-to-sibling DNA test results, and provides standards for evaluating DNA results for full siblings and half siblings. This guidance will enhance the agency’s ability to accurately evaluate eligibility for immigration benefits by allowing petitioners and officers to make effective use of recent technological advances in direct sibling DNA test results. When USCIS determines that primary evidence is unavailable or unreliable, it may suggest and accept DNA test…Read More Breaking News

Breaking News: USCIS to conduct Interviews for All Employment Based Green Cards

According to an article by Politico, it seems that under the rules of "extreme vetting", USCIS will be conducting an interview on adjustment of status for those applying for permanent residence based on employment (EB). Immigration authorities will require an in-person interview for certain applicants for green cards, a change likely to slow the process of obtaining one. The new requirement, which was confirmed Friday by a spokesman for the U.S. Citizenship and Immigration Services, will apply to anyone moving from an employment-based visa to lawful permanent residency. Visa holders who are family…Read More Breaking News

USCIS Investigation Results in Guilty Plea from Former Airline Staffing Executive Release Date: Aug. 11, 2017

LOS ANGELES—Thanks to the investigative efforts of U.S. Citizenship and Immigration Services, Eleno Quinteros Jr., the former vice president of operations for two airline mechanicstaffing companies, plead guilty yesterday to charges of making false statements in support of lawful permanent resident petitions for dozens of the companies’ mechanics. “U.S. Citizenship and Immigration Services has zero tolerance for those who try to fraudulently misuse our country’s lawful immigration system,” said Susan Curda, director of the USCIS Los Angeles District. “We are proud of our role in uncovering this scheme and bringing the perpetrator to…Read More Breaking News

USCIS Policy Memo: Extension of Status for T and U Nonimmigrants (Corrected and Reissued)

October 4, 2016 PM-602-0032.2 Policy Memorandum (PM) SUBJECT: Extension of Status for T and U Nonimmigrants (Corrected and Reissued) Purpose This policy memorandum (PM) provides guidance about extensions of status for T and U nonimmigrants, including any related Forms I-485, Application to Register Permanent Residence or Adjust Status. This PM rescinds and replaces PM 602-0032.1, as discussed below. This PM revises chapters 39.1 and 39.2 of the Adjudicator’s Field Manual (AFM). PM 602-0032.1 contained information relating to a derivative T nonimmigrant’s ability to adjust status to a lawful permanent resident (LPR). Under the…Read More Breaking News

Policy Alert: Effective Date of Lawful Permanent Residence for Purposes of Citizenship and Naturalization

Purpose U.S. Citizenship and Immigration Services (USCIS) is issuing guidance in the USCIS Policy Manual regarding the effective date of lawful permanent residence for purposes of citizenship and naturalization. Background In general, an applicant for naturalization must be at least 18 years old and must establish that he or she has been lawfully admitted to the United States for permanent residence at the time of filing the naturalization application.1 In addition, a child born abroad may become a U.S. citizen when all conditions have been met including admission as a lawful permanent resident…Read More Breaking News

Approval of a Spousal Immediate Relative Visa Petition under Section 204(l) – Death of Petitioning Spouse

A memo from the USCIS on November 18 2015 clarifies what happens to the Beneficiary when a petition US citizen spouse dies before 2 years of the marriage. SUBJECT: Approval of a Spousal Immediate Relative Visa Petition under Section 204(l) of the Immigration and Nationality Act after the Death of a U.S. Citizen Petitioner Revision to Adjudicator’s Field Manual Chapter 10.21(a), (b), (c)(2) and the last paragraph of (c)(5) (AFM Update AD-15-02) to implement Williams v. DHS Secretary, 741 F.3d 1228 (11th Cir. 2014) Purpose The Policy Memorandum (PM) revises chapter 10.21(a), (b),…Read More Breaking News

Filling your adjustment of status

With the visas retrogressing quickly, it is a good idea to actually file your adjustment of status (AOS) quickly in case you need to file under either family petition or under employment immigration especially. This video is provided at the courtesy of the Shah Peerally Law Group PC and ImmiLawHelp.Read More Breaking News

Lawsuit to Challenge Government on October 2015 Visa Bulletin Fails

May 16 2016 - The lawsuit challenging the Visa Bulletin of October 2015 has actually been dismissed with prejudice. This decision of the court, unfortunately closes the chapter in the 'fiasco' of the October 2015 where the government was supposed to allow EB2 India up to July 2011 to file for adjustment of status or consular processing. As such the hopes of thousands of EB Indian applicants are now lost with the decision of Judge Martinez. This is what the court wrote in conclusion: ...The Court finds that the parties have thoroughly presented the…Read More Breaking News

How to Fill the Form I-130 | Petition for Alien Relative

The form I-130 also know as the form for petition for an alien relative is one of the most common immigration form immigrants download and fill from the USCIS website. The reason is that this form has multi-functions including being used for spouses, for parents, for siblings and for children. Note that the form itself is not difficult to fill, however, the laws attached to the form I-130 alien petition is quite complex and requires analysis before being filed. We recommend you use this video with caution and should you need help, please…Read More Breaking News

Filing your EB permanent residence while you are abroad

Mar 22, 2016 — Many who are tired of waiting want to know if either they can file their permanent residence (EB category) while in India or can they wait in India while the I-140 is being processed? This video explains the possibilities of such a plan. We also have another video for F1 students to move directly to a permanent residence (greencard) please watch it here:https://www.youtube.com/watch?v=pLkWJQEjivk Both of the above follow the same concept of future employment. Make sure you have a lawyer who understands the concept of future employment before applying.Read More Breaking News

Three Difficult Cases Approved!

March 10, 2016 - Congratulations to the Shah Peerally Law Group team regarding three difficult case approval: 1. H1B premium case approved in one week with no Request for Evidence (RFE) 2. H4 EAD with H4 Change of Status from F1 visa approved within 12 weeks including answering the RFE. 3. I-485 adjustment of status EAD approved within eight weeks after filing.Read More Breaking News

USCIS issues additional guidelines for Adjustment of Status

USCIS Issues Guidance on Adjustment of Status Policies and Procedures Effective February 25, 2016, new guidance in the USCIS Policy Manual provides information on the general policies and procedures for adjustment of status to lawful permanent residence as well as adjustment under section 245(a) of the Immigration and Nationality Act (INA). Policy Highlights Part A: Adjustment of Status Policies and Procedures Provides guidance on basic eligibility requirements and filing instructions (including the definition of a “properly filed” application), concurrent filing and jurisdiction. Provides guidance on evidentiary requirements, including initial evidence, unavailability of official…Read More Breaking News