USCIS Extends Deadlines for Responding to RFEs, NOIDs
In good news for anyone in receipt of a Request for Evidence (RFE) or NOID (Notice of Intent to Deny) that was issued by USCIS, you may have more time to submit your response. Due to the pandemic, USCIS is allowing an extra 60 days of response time for any RFE or NOID received between March 1, 2020 and September 30, 2021.
In good news for anyone in receipt of a Request for Evidence (RFE) or NOID (Notice of Intent to Deny) that was issued by USCIS, you may have more time to submit your response. Due to the pandemic, USCIS is allowing an extra 60 days of response time for many RFEs and NOIDs received between March 1, 2020 and September 30, 2021.
Need assistance with your fiance visa, green card application, or employment visa? Contact us today at theteam@huwelaw.com or 415-548-7067. We are operating fully remotely and are here for you during this challenging time.
Biden Reverses Trump Policy of Green Card Denial Before RFE
In good news for adjustment of status ("green card") applicants, President Biden has announced the reversal of a Trump-era policy of rejecting incomplete applications without first issuing a Request for Evidence (RFE) requesting more information or documentation.
What does this mean for me?
If you are applying for a green card and submit an incomplete application, you will have a chance to correct any omissions at a later time in the process. This is especially helpful for our clients who are unable to obtain a necessary document in time to submit it with their green card application.
Seeking assistance with your green card application? We may be able to help! Contact us today at theteam@huwelaw.com or 415-413-8760 for more information.
Green Card Public Charge Wealth Test Eliminated
We are writing with positive news for adjustment of status green card applicants - the public charge "wealth test" is no longer required as part of the green card process!
We are writing with positive news for adjustment of status green card applicants - the public charge "wealth test" is no longer required as part of the green card process!
The wealth test required USCIS officers to apply a totality of circumstances analysis to determine whether an applicant would be likely to become a public charge in the future. They were directed to review factors such as the applicant's age, health, family status, education and skills, and assets, resources, and financial status. You can find out more about the now defunct rule on our post from September 5, 2019 here: Defunct Rule: Green Card Public Charge Rule.
This totality of circumstances analysis is no longer required. Moving forward, officers are directed to apply the old public charge analysis that was created in year 1999. The old analysis focuses heavily on whether the green card applicant has a valid sponsor, and only allows for minimal discretion by the adjudicating officer.
To learn more and get help with your green card application, please contact us at 415-413-8760 or theteam@huwelaw.com.
A Pathway to Citizenship for Dreamers?
Deferred Action for Childhood Arrivals, or DACA, is a means of getting employment authorization for many in your situation. However, it is not a pathway to permanent residency (a "green card") or US citizenship.
Are you an undocumented "Dreamer" who was brought into the US as a child?
Deferred Action for Childhood Arrivals, or DACA, is a means of getting employment authorization for many in your situation. However, it is not a pathway to permanent residency (a "green card") or US citizenship. Currently there is no such pathway, independent of potential sponsorship by an immediate relative. The Dream Act of 2021 is meant to change that.
Last Thursday, February 4th, Senators Dick Durbin, D-Ill., and Lindsey Graham, R-S.C. introduced this bill in the US Senate. Similar legislation was first introduced in 2001. If passed into law, the bill would give some young, undocumented immigrants brought to the U.S. as children, assuming that they are able to pass certain background checks and are paying their taxes, a pathway to a green card and US citizenship.
It may be a while before we know whether the Dream Act of 2021 will become law. In the meantime, contact us at theteam@huwelaw.com or 415-496-9040 to see if you qualify for DACA or a green card through sponsorship by an immediate relative. We specialize in this area and would be happy to provide a free 15 minute consultation to see if we can help!
Trump Extends Immigrant and Employment Visa Bans
On December 31, 2020, President Trump issued a new proclamation continuing Proclamations 10014 and 10052, which suspend the entry of certain immigrants and nonimmigrants into the United States. The ban has been extended until March 31st, 2021.
On December 31, 2020, President Trump issued a new proclamation continuing Proclamations 10014 and 10052, which suspend the entry of certain immigrants and nonimmigrants into the United States. The ban has been extended until March 31st, 2021.
Will Biden rescind the bans?
It is possible but not guaranteed. The situation is complex, and he may decide to let them reach their natural expirations.
How will this affect me?
If you are seeking an immigrant visa (green card at a consulate) in a preference category, such as the child of a permanent resident, or as the parent of a US citizen, then that visa may not be able to be issued until April. The same is true for certain employment-based visas issued at a consulate.
Need more information or assistance with your green card or employment-based visa application? Contact us today at theteam@huwelaw.com or 415-849-1199.
