Recording of July 21, 2022 Conference Call with Rajiv S. Khanna
Citizenship and Naturalization
Discussion Topics, Thursday, July 21, 2022:
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USCIS Issues Policy Guidance on Customer Service and Confidentiality Protections for Certain Naturalized U.S. Citizens
Release Date
06/12/2024
USCIS is issuing guidance in the USCIS Policy Manual that interprets that the confidentiality protections under 8 U.S.C. 1367 end at naturalization, which will allow naturalized U.S. citizens previously protected under 8 U.S.C. 1367 (specifically, Violence Against Women Act (VAWA) self-petitioners and those seeking or with approved T and U nonimmigrant status) the ability to fully access e-filing and other customer service tools.
NIW Required commitment duration, Adjustment of status, Naturalization considerations, and Interim work status option
Question details
1. How much and for how long do we have to work on an endeavor for which NIW I-140 was approved to avoid any issues in adjustment of status, naturalization, etc.?
2. Is there a way to get any status in the US to work on the approved NIW endeavor until I-485 is filed?
FAQ Transcript
It is important to note that if you are from a country like India, you may face a long wait—up to 10 to 12 years—for a green card. After receiving your green card, you are not required to stay in your job indefinitely; you can leave for valid reasons after a few months, as long as you act in good faith.
Regarding work status for those with an approved NIW, the Compelling Circumstances EAD is an option. Still, it has several drawbacks: unpredictable, uncertain processing times, and requires annual renewal. Another alternative is Entrepreneurial Parole, which offers up to five years of work authorization but may not be ideal for individuals from India due to the lengthy green card process. Please read the articles on the The Economic Times Author Page for more information.