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.
Can You Apply for a Green Card Next Month? Check the June 2021 Visa Bulletin
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for June 2021 to see if your priority date will be current next month.
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for June 2021 to see if your priority date will be current next month.
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in June. USCIS has not yet indicated whether the Dates for Filing or Final Action Dates chart may be used for applicants next month.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is fully operational and here for you during this challenging time.
Contact us at theteam@huwelaw.com or 415-496-9040 today.
New 90 Day Rule Replaces 30/60 Day Rule for Nonimmigrants Who Marry After Entry into the U.S.
In the past we reported on an update to the Foreign Affairs Manual (FAM) when a 90 Day Rule replaced the prior 30/60 Day Rule regarding actions taken after entering the US on a nonimmigrant visa. This post provides new information regarding that change.
Editor’s Note: this post was originally published in -September 28, 2017 and has been updated for accuracy and comprehensiveness.
In the past we reported on an update to the Foreign Affairs Manual (FAM) when a 90 Day Rule replaced the prior 30/60 Day Rule regarding actions taken after entering the US on a nonimmigrant visa. This post provides new information regarding that change.
Immigration officers at US consulates and ports of entry around the world are bound by the rules in the FAM when issuing visas and admitting foreign nationals to the US. Prior to September 1, 2017, the FAM included a “30/60 Day Rule.” The rule was meant to guide consular officers in determining whether someone who entered the US using a nonimmigrant visa (such as a B1/B2 visitor’s visa, an F-1 student visa, or a J-1 exchange visitor’s visa), and later married a US citizen and applied for adjustment of status (a “green card”), misrepresented their intent at entry. There was a presumption of misrepresentation if the individual married a US citizen or permanent resident and took up residency in the US and applied for adjustment of status - a green card - within 30 days of entry.
On September 1, 2017, the 30/60 Day Rule was eliminated, and a new 90 Day Rule was created. That created a presumption of misrepresentation if an individual enters the US and marries a US citizen, takes up residency in the US, and applies for adjustment of status within 90 days of entry. It is important to note that this rule would not apply to someone who entered the US on a nonimmigrant visa, got married, and then left the US prior to the expiration of their authorized stay to reside in their home country.
The rule has potentially significant consequences. If a finding of misrepresentation is made, an individual can be barred from obtaining a green card through marriage.
Initially this change was made in the FAM only, which means that USCIS officers who decided adjustment of status (green card) cases here in the US are not bound by the new rule. We expected that the regulations for USCIS officers would also be updated with this new guidance. However, as of the date of this post, that still has not happened. And because we now have a new more immigrant friendly administration, we do not expect that to change any time soon.
While USCIS officers are not bound by the 90 Day Rule in the FAM, they can and do use it as guidance when deciding whether someone has made a misrepresentation at entry.
Therefore, it remains important to consult with an immigration attorney before deciding to marry a US citizen and to apply for a green card here in the US. At Hurtubise Weber Law, we are experienced in this area and can provide you with the knowledge and expertise necessary to ensure a smooth transition to becoming a US permanent resident. Please contact us at theteam@huwelaw.com or 415-496-9040 to schedule an initial legal evaluation.
USCIS Suspends Biometrics Requirements For H, L and E Visa Spouses
Starting on May 17th, 2021, USCIS will suspend biometrics requirements for certain I-539 applicants, including H-4, L-2, and E-1, E-2, and E-3 visa applicants, for at least two years.
Starting on May 17th, 2021, USCIS will suspend biometrics requirements for certain I-539 applicants, including H-4, L-2, and E-1, E-2, and E-3 visa applicants, for at least two years.
What does this mean for me?
This is good news! If you are filing a new H-4, L-2, E-1, E-2, or E-3 visa application, or you have an application currently pending and you do not receive your biometrics notice by May 17th, then you should not be required to appear for a biometrics appointment while your case is being processed. That means that your application should be approved sooner.
Need assistance with an application for a visa or green card? Contact us today at theteam@huwelaw.com or 415-548-7067!
