In this case, the petitioning green card holder filed forms I-130 and I-485 for her second husband, whom she had been married to for less than five years since obtaining her lawful permanent resident status based on her first marriage, which was to a U.S. citizen. That marriage ended in a divorce.
Discussion Topics:
FAQ: Was Green Card approved in error? Time taken by the USCIS to respond to an E request for correction, travel?|| Entry into the U.S. using the Advance Parole after green card approval during a trip abroad ||
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.
FAQ: I-485/AOS/AC21 issues in job through future employer - I-485/AOS; Reentry permit; New Priority Date rules; Priority date port and multiple I-485/AOS petitions;
Discussed: H-1B extension using I-140 receipt; cross chargeability; Losing priority date when I-140 revoked; location change on L-1B visa; Porting priority date to a different job; Spouse of green card holder; H-4 EAD extension; Filing I-485 without employer; CSPA; Birth certificate issues; Petty offense exception; H-1B and maternity leave; I-485 through future employer; etc.
We were asked to provide a second opinion on a complicated case where the US consulate had denied a green card based upon a finding that the beneficiary/applicant had committed visa fraud where they had earlier misused a visa. The consulate directed the applicant to file for a waiver (which is quite difficult to obtain). Note that a finding of fraud is a permanent bar from entering the USA.
Department of Health and Human Services (HHS) proposed rule on the removal of HIV infection from its list of communicable diseases of public health significance - As of now with respect to the above proposed rule the Chicago Field Office has not received any guidance from HQ. Hence the office will not hold such applications in suspension until further notice.
Please check the attached document to read USCIS memo on timeframe to respond to RFEs on provisional unlawful presence waiver requests.
This Policy Memorandum (PM) restates the Violence Against Women Act (VAWA) revocation policy.
Release Date
05/07/2024
Effective April 1, 2024, USCIS centralized the intake process of Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, and related filings under the Violence Against Women Act (VAWA) for self-petitioning abused spouses, children, and parents at the Nebraska Service Center.
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.
As stated by The New York Times, the House on Thursday gave final approval to a renewal of the Violence Against Women Act, sending a bipartisan Senate measure to President Obama after a House plan endorsed by conservatives was defeated.
To read more on this news story click here
Yesterday, President Obama signed a bill that both strengthened and reauthorized the Violence Against Women Act (VAWA).
For more on this news visit this link
The following two cases demonstrate how USCIS, an "expert" agency, can misread immigration forms, causing unnecessary anxiety and expense for people.
Release Date
05/05/2025
BURLINGTON, Vt. – U.S. Citizenship and Immigration Services provided valuable assistance to the investigation that led to the conviction of an Indian citizen for submitting a fraudulent immigration application.
Statement from Secretary of Homeland Security Janet Napolitano:
UNCLASSIFIED
STATE
00112850
AUG 13
SUBJECT: NEXT STEPS ON DOMA
GUIDANCE FOR POSTS
This policy memorandum (PM) provides guidance to U.S. Citizenship and Immigration Services (USCIS) officers in adjudicating Form I-360, Petition for Amerasian, Widow(er) or Special Immigrant, filed by a self-petitioning adopted child, when the adopted child has been battered or abused. Please click the attachment for more information on the memorandum
Here is my journey thus far:
GC holder since March 21, 2008 (married to U.S. citizen since 1997)
6/11/12: N-400 sent via UPS to Lewisville, TX
6/12/12: N-400 delivered
6/13/12: NOA received (Priority Date: 06/12/12)
7/18/12: FP notice recd
8/09/12: FP scheduled - Done
9/04/12: In line for Interview scheduling
10/12/12: NOA received, Interview scheduled
14/01/13: Interview Done, N-14 "Request for evidence" given to me
This policy memorandum (PM) provides guidance to U.S. Citizenship and Immigration Services (USCIS) officers in adjudicating Form I - 360, Petition for Amerasian, Widow(er) or Special Immigrant , filed by a self - petitioning adopted child, when the adopted child has been battered or abused.
Please click on the attachment to read more.