USCIS Updated Policy on RFE & NOID

U.S. Citizenship and Immigration Services (USCIS) posted a policy memorandum (PDF, 113 KB) 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. See the policy here: https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/AFM_10_Standards_for_RFEs_and_NOIDs_FINAL2.pdf

AOS Filing Chart – July 2018

If USCIS determines that there are more immigrant visas available for a fiscal year than there are known applicants for such visas, USCIS will state whether you may use the Dates for Filing Visa Applications.

Otherwise, they will indicate that you must use the Application Final Action Dates to determine when you may file your adjustment of status application.

See the following link here for the month of July 2018:

https://www.uscis.gov/visabulletininfo

Visa Bulletin July 2018

The Visa Bulletin provides updated priority date information for family-based and employment-based green cards. Immigrants to the US are classified into two categories – those requiring placement on a waiting list and those not through their

relationship to a US immediate relative.

Further, there are numerical quotas on the green cards that require a priority date. If the number of applicants in a year is over the available visa numbers, those applicants are placed on a waiting list and are given a priority date, which estimates when an applicant would get a visa based on the number of previous applicants on the waiting list.

Below are preference category information and visa allocations.

FAMILY-SPONSORED PREFERENCES
First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.

EMPLOYMENT-BASED PREFERENCES

First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “*Other Workers”
Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of Pub. L. 102-395.

Below is the link for the Visa Bulletin for July 2018.

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2018/visa-bulletin-for-July-2018.html

For more information, contact ALO at 978-905-9992.

USCIS Update on NTA Policy

U.S. Citizenship and Immigration Services issued updated guidance (PDF, 139 KB) that aligns its policy for issuing Form I-862, Notice to Appear, with the immigration enforcement priorities of the Department of Homeland Security. A Notice to Appear is a document given to an alien that instructs them to appear before an immigration judge on a certain date. The issuance of an NTA commences removal proceedings against the alien. Under the new guidance, USCIS officers will now issue an NTA for a wider range of cases where the individual is removable and there is evidence of fraud, criminal activity, or where an applicant is denied an immigration benefit and is unlawfully present in the United States.

DHS Statement on SCOTUS Decision to Uphold Travel Ban

The Department of Homeland Security released the following statement regarding the Supreme Court’s decision to uphold President Trump’s Proclamation 9645 Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats:

It is the duty of the government to ensure that those seeking to enter our country will not harm the American people. While we have the most generous immigration system in the world, it has repeatedly been exploited by terrorists and other malicious actors who seek to do us harm. President Trump’s executive actions take important steps to protect the American people by allowing for the proper review and establishment of standards to prevent terrorist or criminal infiltration by foreign nationals. Today’s ruling confirms the legality of these critically important executive actions, and the Department of Homeland Security will continue to faithfully execute our country’s immigration laws and treat everyone we encounter humanely and with professionalism.

DHS Statement on Family Reunification

U.S. Department of Homeland Security has released the following updates from US Custom and Border Protection regarding the changes with the Zero Tolerance Policy and current family reunification efforts:

CBP has reunited 522 Unaccompanied Alien Children (UAC) in their custody who were separated from adults as part of the Zero Tolerance initiative.  The reunions of an additional 16 UAC who were scheduled to be reunited on June 22, 2018 were delayed due to weather affecting travel and we expect they will all be reunited with their parents within the next 24 hours.  There will be a small number of children who were separated for reasons other than zero tolerance that will remain separated: generally only if the familial relationship cannot be confirmed, we believe the adult is a threat to the safety of the child, or the adult is a criminal alien. Because of the speed in which adults completed their criminal proceedings, some children were still present at a United States Border Patrol (USBP) station at the time their parent(s) returned from court proceedings.  In these cases, the USBP reunited the family and transferred them, together, to ICE custody as a family unit.

AOS Filing Chart – June 2018

If USCIS determines that there are more immigrant visas available for a fiscal year than there are known applicants for such visas, USCIS will state whether you may use the Dates for Filing Visa Applications.

Otherwise, they will indicate that you must use the Application Final Action Dates to determine when you may file your adjustment of status application.

See the following link here for the month of June 2018:

https://www.uscis.gov/visabulletininfo

DHS Statement on Zero Tolerance Policy

The US Department of Homeland Security has released the following statement regarding their controversial zero tolerance policy:

The risks of crossing the Rio Grande and desert terrain, or hiding in stash houses or tractor trailers, are high for adults and even more deeply concerning for children.  Individuals who seek to enter the United States should do so at ports of entry. The Attorney General directed United States Attorneys on the Southwest Border to prosecute all amenable adults who illegally enter the country, including those accompanied by their children, for 8 U.S.C. § 1325(a), illegal entry.  Children whose parents are referred for prosecution will be placed with the Department of Health and Human Services (HHS), Office of Refugee Resettlement (ORR).

USCIS Update on I751 Receipts

USCIS has issued the following press release regarding I751 receipts.

As of June 11, 2018, petitioners who file Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, will receive a Form I-797 receipt notice that can be presented with their Form I-551, Permanent Resident Card, as evidence of continued status for 18 months past the expiration date on their Permanent Resident Card. We are making the change from 12 to 18 months because current processing times for Form I-751 and Form I-829 have increased over the past year. Additionally, we will issue new Form I-797 receipt notices to eligible conditional permanent residents whose Form I-751 or I-829 was still pending as of June 11, 2018. Those Form I-797 receipt notices will also serve as evidence of continued status for 18 months past the expiration date on petitioner’s Permanent Resident Card.

Visa Bulletin June 2018

The Visa Bulletin provides updated priority date information for family-based and employment-based green cards.

Immigrants to the US are classified into two categories – those requiring placement on a waiting list and those not through their relationship to a US immediate relative. Further, there are numerical quotas on the green cards that require a priority date. If the number of applicants in a year is over the available visa numbers, those applicants are placed on a waiting list and are given a priority date, which estimates when an applicant would get a visa based on the number of previous applicants on the waiting list.

Below are preference category information and visa allocations.

FAMILY-SPONSORED PREFERENCES
First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.

EMPLOYMENT-BASED PREFERENCES

First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “*Other Workers”
Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of Pub. L. 102-395.

Below is the link for the Visa Bulletin for June 2018.

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2018/visa-bulletin-for-June-2018.html

For more information, contact ALO at 978-905-9992.