U.S. Citizenship and Immigration Services (USCIS) posted a policy memorandum (PDF, 113 KB) (PM) that provides guidance to USCIS adjudicators regarding their discretion to deny an application, petition, or request without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) when required initial evidence was not submitted or the evidence of record fails to establish eligibility.
Deportation and Denial Policy 2018
USCIS recently updated the following form(s):
If you are an attorney or accredited representative, you can now file Form N-565, Application for Replacement Naturalization/Citizenship Document for your clients using your myUSCIS online account. There are no substantive changes to the content of the form.
USCIS will no longer provide paper copies of Form N-565. You can file this form online or download a copy from the website.
Discussion Topics, Thursday 19 July 2018:
FAQ: Getting promotions or changing job description while green card is pending || H-1B petition revocation during visa process/reaffirmation || Section 245(K) protection during AOS/I-485 || Specific issues in the Trump NTA policy for denials || Other: Humanitarian parole || How long can a green card holder stay outside the USA || TN TD issues || Registering for Selective Service || Getting married after getting a green card || Applying for advance parole || H-1, H-4 premium processing || Birth certificate for I-130 || F-1 COS denied for H-1B || Correcting priority date errors || H-1B quota where no COS or Visa || I-539 bridge petition
USCIS is introducing the second phase of the Freedom of Information Act (FOIA) Immigration Records SysTem (FIRST), which will allow all FOIA requestors to track their requests through a USCIS online account and receive their documents digitally. During the first phase, requestors reported that they could easily login to their account and download their documents.
Phase two now allows all FOIA requestors to create a USCIS online account, track their cases, and receive their responses electronically.
Fee-funded grants will support citizenship preparation services for lawful permanent residents
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today it is now accepting applications for two funding opportunities under the Citizenship and Assimilation Grant Program that will provide up to $10 million in grants for citizenship preparation programs in communities across the country.
On July 24, 2018, President Trump signed the Northern Mariana Islands U.S. Workforce Act of 2018 (the Workforce Act), extending the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker program (the CW-1 program) through 2029 and increasing the CW-1 cap for fiscal year (FY) 2019.
U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) announced Tuesday the results of a two-phase nationwide operation in which I-9 audit notices were served to more than 5,200 businesses around the country since January. A notice of inspection (NOI) informs business owners that ICE is going to audit their hiring records to determine whether they are complying with existing law.
USCIS announced on July 30, 2018, that it has returned all fiscal year 2019 H-1B cap-subject petitions that were not selected in the computer-generated random selection process.
USCIS previously announced on May 15, that it had completed data entry of all selected cap-subject petitions.
Policy Memorandum 602-0050.1, Updated Guidance for the Referral of Cases and Issuances of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens, was issued on June 28, 2018 and instructed USCIS components to create or update operational guidance on NTAs and Referrals to ICE (RTIs), to be issued within 30 days of the Policy Memorandum. Issuance of the operational guidance is pending; therefore the implementation of PM 602-0050.1 is postponed until the operational guidance is issued.
AAO Processing Times
Discussion Topics, Thursday 5 July 2018:
FAQ: How many days can I stay in the USA after H-1B denial a detailed discussion? || Applying for H-1B transfer while an extension request is under RFE|| Other: Applying for EB-1C, international managers/executives criteria || Desertion charges for military, effect on green card || 151 years for getting green cards ||Age for adoption/adopting a sibling for immigration || Being outside the USA on EAD || H-4 trading stock || TN for Management Consultant || H-1B transfers with approved I-140 || Promotions while green card is pending || H-4 to H-1 change || H-4 change of status || Green card pending changing jobs within the same company||Travel ban || Bridge H-1B petitions || PERM experience letters title, etc.
WASHINGTON — U.S. Citizenship and Immigration Services issued updated guidance (PDF, 139 KB) today that aligns its policy for issuing Form I-862, Notice to Appear, with the immigration enforcement priorities of the Department of Homeland Security.
PERM Processing Times (as of 06/30/2018)
USCIS announced on July 8, 2016, that it has returned all fiscal year 2017 H-1B cap-subject petitions that were not selected in our computer-generated random selection process.
USCIS previously announced on May 2, 2016, that it completed data entry of all selected cap-subject petitions.
U.S. citizens (USC) and Lawful Permanent Residents (LPRs) may file immigrant visa petitions with the U.S. Citizenship and Immigration Services (USCIS) on behalf of a spouse or child, so that these family members may immigrate to or remain in the United States. Sadly, certain cases exist where U.S. citizens and LPRs misuse their control of this process to abuse their family members. Consequently, most battered immigrants are fearful to report the abuse to the police or other authorities out of fear of losing their immigration benefits.
Got the interim EAD issued on the same day . They encourage walk in from tuesday to friday between 8 to 11. Went to Arlington Office at 7AM , they opened at 7.30 and got my EAD around 12.30 PM.Documents needed were the receipt notice and the EAD renewal application form.
There is no need to get there early. Try to be there around 9 and they'll give you a ticket. If you are lucky, you'll have your picture taken after a small wait otherwise you'll have to wait for 4 to 6 hours before you get your card. The good news is you'll get without any problems with the exception of the long waiting time.
I filed for a routime renewal of my EAD with AOS pending at the NSC, the case was transfered to Denver district office. AFter 3.5 months I went to get an interim EAD which was not granted because their records supposedly showed that the EAD was approved. Waited few more weeks went back again, same story. Bottomline is nether an interim EAD nor did theactual EAD ever show as approved online or ever got to me.
I dont know what to do next.
Went to the Local Office at 1.30 PM. Got the call after 2 hours and 30 minutes wait and they asked for the old EAD, New I 765 Form and the I485 Reciept. It took 15 min to finish the process of getting the iEAD. It was a good experience and the staff were quite helpful.
Interim EAD experience at Newark NJ. Date : 5/28/2004 EAD renewal applied on 28th January 2004 but no approval for 4 months so interim was the only way out.
Stood in line (with wife and kid)
: 6:30 AM Entered building
: around 9:00 am Was the 14th InterimEAD applicant since morning. I saw numbers go up to 35. Both wife and me got EAD valid for 8 months at
Went to SFO office for interim EAD. My 140 and 485 were pending beyond 90 days. The officer refused saying 140 is "on hold". No additional reason was provided. It's 6 months since filing and there has been no RFE.