USCIS

US Citizenship and Immigration Services (used to be BCIS, INS)

USCIS Will Only Consider CW-1 Petitions Approved and with Starting Validity on or after June 18, 2020, when Applying the Temporary Departure Requirement

Release Date 

U.S. Citizenship and Immigration Services is clarifying its Aug. 25, 2020, policy on implementing the requirement that workers leave the United States for at least 30 days after two renewals of their CNMI-Only Transitional Worker (CW-1) visa classification.

USCIS Extends COVID-19-related Flexibilities

Release Date 

U.S. Citizenship and Immigration Services is extending certain COVID-19-related flexibilities through Jan. 24, 2023, to assist applicants, petitioners, and requestors. Under these flexibilities, USCIS considers a response received within 60 calendar days after the due date set forth in the following requests or notices before taking any action, if the request or notice was issued between March 1, 2020, and Jan. 24, 2023, inclusive:

Extension of Temporary Waiver of 60-Day Rule for Civil Surgeon Signatures on Form I-693

Release Date 

U.S. Citizenship and Immigration Services is extending the temporary waiver of the requirement that civil surgeons must sign Form I-693, Report of Medical Examination and Vaccination Record, no more than 60 days before an individual applies for the underlying immigration benefit (including Form I-485, Application to Register Permanent Residence or Adjust Status).

USCIS Extends Green Card Validity Extension to 24 Months for Green Card Renewals

Release Date 

Effective Sept. 26, U.S. Citizenship and Immigration Services (USCIS) is automatically extending the validity of Permanent Resident Cards (also known as Green Cards) to 24 months for lawful permanent residents who file Form I-90, Application to Replace Permanent Resident Card.

Was the Green Card approved in error? Time taken by the USCIS to respond to an E request for correction, travel?

Question details

Background:

1) PD - Initial Filing - EB2 MAR 2014 (Two Different EB2 filings with two different employers A and B)
3) Downgraded to EB3 with Employer B (New Petition but using the same EB2 PERM with Employer B) In Nov 2020, Filed I-485 Concurrently
3) Change to a different Full-Time AC21 - Same or Similar Role (Employer C) - Using AOS EAD
4) I-485 Got Approved in E26 Category (EB-2) before any I-485J submission whatsoever.
4) Initiated an inquiry with the Congressman to confirm this card is legitimate for usage and no errors / issues; still waiting on USCIS Response.
5) Spouse's I-485 also Got Approved about 2 weeks AFTER this inquiry was already sent over to USCIS (E27 Category).

Questions:

1) Suppose that a congressman's written response from USCIS comes back affirmative for legitimacy of the approvals quoting USCIS discretionary authority. There is also a recent trend of many such approved cases where the applicant had at least one prior approved EB-2 petition with PD current - so this situation does not seem to be unique any more.
Should we still then pursue USCIS E-Request / I-90 submission avenues from our side - would it really be worth to continue stretching this any further at that point ?

2) You had indicated that until notified otherwise, this LPR card can be used for Travel Purposes. Can it also be used to say take up a second week-end / part time job, renewal of driver's licenses etc. ?

3) If you use this card for any of the above purposes, and unfortunately USCIS response were to be negative, do you lose your status - have to do any reinstatement etc. particularly in the travel situation usage of LPR Card ?

4) Can you continue using your AOS EAD / AP instead during this seemingly weird time window, since that also is a USCIS-issued valid non-expired travel and work authorization ? In general, can you continue its usage until the expiry date, regardless of your I-485 status ?
 

Video URL
FAQ Transcript

1. I would suggest that you submit the E-request with an I-90 saying this green card appears to have been approved with an error.

2. My advice would be to avoid it if you can. But if you have to I think you can argue quite successfully that  travel was valid and it does not affect your pending green card.

3. I do not think so because you have an EAD/Advance Parole. 

4. I think you have  a pretty strong argument. You can definitely continue using your EAD, but do not use your Advance Parole if you can.

 

DHS Publishes Final Rule to Restore Asylum Regulations Consistent with Asylumworks Vacatur

Release Date 

The Department of Homeland Security (DHS) today announced publication of a final rule consistent with the vacatur of the U.S. District Court for the District of Columbia in  Asylumworks et al. v. Mayorkas et al. This final rule is effective starting Feb. 7, 2022.