Marriage Green Card

USCIS Expands Flexibility for Responding to USCIS Requests




In response to the Coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services announced that it adopted measures to assist applicants and petitioners who are responding to certain Requests for Evidence (RFE) and Notices of Intent to Deny (NOID).
This alert clarifies that this flexibility also applies to certain Notices of Intent to Revoke (NOIR) and Notices of Intent to Terminate (NOIT) regional investment centers, as well as certain filing date requirements for Form I-290B, Notice of Appeal or Motion.

Notice/Request/Decision Issuance Date:

This flexibility applies to an RFE, NOID, NOIR, NOIT or appealable decision within AAO jurisdiction and the issuance date listed on the request, notice or decision is between March 1, 2020 and May 1, 2020, inclusive.

Response Due Date:

Any response to an RFE, NOID, NOIR, or NOIT received within 60 calendar days after the response due date set in the request or notice will be considered by USCIS before any action is taken.

Any Form I-290B received up to 60 calendar days from the date of the decision will be considered by USCIS before it takes any action.



USCIS Offices Preparing to Reopen on June 4




On March 18, U.S. Citizenship and Immigration Services temporarily suspended in-person services at its field offices, asylum offices, and application support centers (ASCs) to help slow the spread of coronavirus (COVID-19). USCIS is readying offices to reopen on or after June 4. Employees in these offices are continuing to perform mission-essential services that do not require face-to-face contact with the public while the offices are closed.

While offices are temporarily closed, USCIS will continue to provide limited emergency in-person services. Please call the USCIS Contact Center for assistance with emergency services.

USCIS field offices will send notices to applicants and petitioners with scheduled appointments and naturalization ceremonies impacted by the extended temporary closure. USCIS asylum offices will send interview cancellation notices and automatically reschedule asylum interviews. When the interview is rescheduled, asylum applicants will receive a new interview notice with the new time, date and location of the interview. When USCIS again resumes operations for in-person services, USCIS will automatically reschedule ASC appointments due to the temporary office closure. Individuals will receive a new appointment letter in the mail. Those who had InfoPass or other appointments must reschedule through the USCIS Contact Center once field offices are open to the public again. Please check to see if the respective office has been reopened before calling the Contact Center.

Please also visit uscis.gov/coronavirus for updates. For the latest information on the status of an office, visit https://www.uscis.gov/about-us/uscis-office-closings.



Recent Marriage Green Card Approvals




Marriage Green Card Approval on 12/19/2018:
I-130: MSC1890274440
I-485: MSC1890274439
Filing Date: 11/21/2017
Approval Date: 12/19/2018

Marriage Green Card Approval on 12/19/2018:
I-130: MSC1890224363
I-485: MSC1890224362
Filing Date: 11/9/2017
Approval Date: 12/19/2018

Marriage Green Card Approval on 12/18/2018:
I-130: MSC1890074590
I-485: MSC1890074589
Filing Date: 10/11/2017
Approval Date: 12/18/2018

Marriage Green Card Approval on 12/12/2018:
I-130: MSC1890274422
I-485: MSC1890274421
Filing Date: 11/21/2017
Approval Date: 12/12/2018

Marriage Green Card Approval on 12/10/2018:
I-130: MSC1791218525
I-485: MSC1791218524
Filing Date: 05/10/2017
Approval Date: 12/10/2018

 



How to check your I-485 Processing time on the uscis.gov website.




If you have a Marriage Based Green Card petition, here is how to check the USCIS processing time.

Go to uscis.gov

Select Tools, then Case Processing Times

Select Form I-485

Select your nearest field office.



I-130 USCIS Processing Times as of 11/12/2018:




California Service Center:

Estimated time range Category Receipt date
18.5 to 24.5 months Permanent resident filing for a spouse or child under 21 November 21, 2016
30.5 to 39.5 months U.S. citizen filing for an unmarried son or daughter over 21 August 21, 2015
39.5 to 51 months Permanent resident filing for an unmarried son or daughter over 21 September 11, 2014
77.5 to 101 months U.S. citizen filing for a married son or daughter over 21 August 9, 2010
89 to 115.5 months U.S. citizen filing for a brother or sister May 24, 2019

Nebraska Service Center:

Estimated time range Category Receipt date
7 Months to 9.5 Months Permanent resident filing for a spouse or child under 21 February 14, 2018
7 Months to 9.5 Months U.S. citizen filing for a spouse, parent, or child under 21 February 14, 2018
7 Months to 9.5 Months U.S. citizen filing for an unmarried son or daughter over 21 February 14, 2018
7 Months to 9.5 Months Permanent resident filing for an unmarried son or daughter over 21 February 14, 2018
7 Months to 9.5 Months U.S. citizen filing for a married son or daughter over 21 February 14, 2018
7 Months to 9.5 Months U.S. citizen filing for a brother or sister February 14, 2018

Texas Service Center:

Estimated time range Category Receipt date
5 to 7 months Permanent resident filing for a spouse or child under 21 April 16, 2018
6.5 to 8.5 months U.S. citizen filing for a spouse, parent, or child under 21 March 13, 2018
6.5 to 8.5 months U.S. citizen filing for an unmarried son or daughter over 21 March 13, 2018
5 to 7 months Permanent resident filing for an unmarried son or daughter over 21 April 16, 2018
6.5 to 8.5 months U.S. citizen filing for a married son or daughter over 21 March 13, 2018
6.5 to 8.5 months U.S. citizen filing for a brother or sister March 13, 2018

 

Vermont Service Center:

Estimated time range Category Receipt date
5 to 7 months Permanent resident filing for a spouse or child under 21 April 16, 2018
5 to 7 months U.S. citizen filing for a spouse, parent, or child under 21 April 16, 2018
69 to 89.5 months U.S. citizen filing for an unmarried son or daughter over 21 July 12, 2011
69 to 90 months Permanent resident filing for an unmarried son or daughter over 21 July 3, 2011
73 to 95 months U.S. citizen filing for a married son or daughter over 21 January 29, 2011
83 to 108 months U.S. citizen filing for a brother or sister January 3, 2010


Weekly Update – 7/6/2018




We received a FY 19 H-1B Visa approval for an Electrical Engineer, In house position, No RFE, Requirements were Bachelor’s degree in Electrical Engineering and be registered as an Engineer-In-Training (E.I.T./E.I.) or have Fundamentals of Engineering certification. Prevailing wage was level 1 ($77,459 / Year), salary was $77,459 / Year.

We received a PERM approval for a .Net Developer in Mechanicsburg, PA. We filed the PERM petition on 3/25/18 and it was certified (approved) on 7/5/18. The PERM petition was not selected for audit.

We received a PERM approval for an Advanced and Adjunct Biology Teacher in Camilla, GA. We filed the PERM petition on 11/2/17. It was selected for Audit and we responded to the Audit on 5/17/18. We received the email notice of certification (approval) on 7/6/18.

Prevailing wage fiscal year started on July 1st. This means that the new prevailing wages are available. When completing the LCA you would use 2018 as the year source in field 11a on page 3 of 5.

Marriage Green Card Approval – We filed the I-130 and I-485 petitions with USCIS on 3/29/18 and received the I-797 approval notices on 6/21/18. MSC-18-908-73554, MSC-18-908-73555.

Marriage Green Card Approval – We filed the I-130 and I-485 petitions with USCIS on 1/30/18 and received the I-797 approval notices on 6/15/18. MSC-18-906-72681, MSC-18-906-72682

We received a K-1 Visa I-129F approval notice from USCIS on 6/19/18. The petition was filed with the California Service Center on 12/5/2017. WAC-18-900-74775.



USCIS to Begin Using More Secure Mail Delivery Service for Permanent Resident Cards (also called Green Cards), Employment Authorization Cards, and Travel Booklets




WASHINGTON (From USCIS.gov on 4/27/18) – U.S. Citizenship and Immigration Services (USCIS) announced today that the agency will begin phasing in use of the U.S. Postal Service’s (USPS) Signature Confirmation Restricted Delivery service to mail Green Cards and other secure documents beginning April 30, 2018.

The first phase will affect documents that need to be re-mailed because they have been returned as non-deliverable.

These documents include Permanent Resident Cards (also called Green Cards), Employment Authorization Cards, and Travel Booklets.

Applicants who have changed mailing addresses during the course of the application process are more likely to have their secure documents sent with the new delivery method, which USCIS will expand to all secure documents in the future.

As part of the new delivery method, applicants must present identification to sign for their documents upon delivery.

They also have the option to designate an agent to sign on their behalf by completing the Postal Service’s PS Form 3801, Standing Delivery Order (PDF) or PS Form 3801-A, Agreement by a Hotel, Apartment House, or the Like (PDF).

Applicants can sign up for USPS Informed Delivery to receive delivery status notifications.

Applicants will also have the option to arrange for pickup at a post office at a convenient date and time by going to the USPS website and selecting “hold for pickup.”

Signature Confirmation Restricted Delivery increases the security, integrity, and efficiency of document delivery.

The Signature Confirmation Restricted Delivery process provides better tracking and accuracy of delivery information, improving service to applicants.



Marriage Based Adjustment of Status petition Approved in 3 months, 4 days.




We filed a Marriage Based Adjustment of Status petition with USCIS on December 5th, 2017 and received the final approval notices on March 9th, 2018:

USCIS Filing Date: December 5th, 2017

Received I-130 and I-485 Approval Notices on March 9th, 2018

Processing time from Filing with USCIS to Approval: 3 months, 4 days.

I-485: MSC-18-903-40058



Increased Scrutiny by USCIS for Younger Couples Applying for Marriage Based Adjustment of Status




USCIS may ask what evidence of co-mingling of funds you currently have.
Social media accounts and electronic devices may be reviewed for any and all information that may be contrary to the information provided to the forms submitted to USCIS.
Foreign national students who have filed applications to adjust or change their status within 90 days of entry should be prepared to answer questions and address possible challenges about whether they misrepresented their intent at the time of their nonimmigrant visa interview or entry into the U.S.
They must be prepared to show that something changed after their U.S. entry which resulted in the decision to marry or apply for a change to a new nonimmigrant status or for an adjustment of status to permanent residence.
The Foreign Affairs Manual, which provides guidance to consular officers charged with making visa determinations, was recently revised to include a sponsor’s current or prior receipt of public benefits as a factor in determining whether the sponsor will be able to support the intending immigrant, even if the sponsor’s current income is sufficient.
One way that USCIS has been making it more challenging for young couples is that it increasingly wants to see that the couple has co-mingled their finances.
Finally, documents leaked from the current administration suggesting that receipt of certain government benefits such as the Children’s Health Insurance Program, (CHIP) and the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), which were formerly permissible for immigrants, may be the subject of a rule change that is not yet in effect but could be implemented soon and possibly result in denial of visa and permanent residence cases.
Therefore, it is advisable for F-1, J-1 and other temporary visa holders to always check with an immigration lawyer before agreeing to receive any public benefits, even for their children born in the U.S. (who are U.S. citizens).
USCIS may access social media to investigate the bona fides of a marriage, so it is best to do a quick review of all social media accounts ensure that there are not photos or status updates which would make an officer question the validity of a couple’s relationship when viewed from a USCIS officer’s standpoint.
Oftentimes, for example, students fail to consider that a picture of a bunch of friends with their arms around each other including those of the opposite sex, even done in a joking or party-like fashion, could be misconstrued by an officer as possible indicia of infidelity or a lack of a bona fide relationship.
Sloppy details concerning the dates or sequence of certain events which are incorrect and conflict with timelines in the immigration case documents can result in fodder for a USCIS denial notice.


New USCIS Form I-765 Streamlines Process to Obtain EAD and SSN at the same time




Release Date: Oct. 2, 2017 – WASHINGTON – Based on a new information-sharing partnership between U.S. Citizenship and Immigration Services (USCIS) and the Social Security Administration (SSA), foreign nationals in certain categories or classifications can now apply for work authorization and a social security number using a single form – the updated Form I-765, Application for Employment Authorization.

To lawfully work in the United States, foreign workers in some categories and classifications need both an employment authorization document (EAD) from USCIS, and a Social Security number (SSN) from the SSA. Previously, applicants needed to submit a Form I-765 to USCIS for an EAD, and then submit additional paperwork in-person at their local Social Security office to obtain an SSN.

The revised USCIS form includes additional questions that allow applicants to apply for an SSN or replacement card without visiting a Social Security office. Starting today, USCIS will transmit the additional data collected on the form to the SSA for processing. Moving forward, applicants who receive their approved EADs from USCIS should receive their Social Security card from SSA within the following two weeks.

EADs serve as documentation to show employers that an individual is authorized to work in the U.S. for a specific time period. SSNs are used to report wages to the government, and to determine an individual’s eligibility for certain benefits. USCIS encourages all U.S. employers to verify the employment eligibility of all new hires through E-Verify.



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