Citizenship Day

USCIS announced that it will celebrate Constitution Day and Citizenship Day by welcoming nearly 34,300 new U.S. citizens during 316 naturalization ceremonies across the nation between Sept. 13 and 23.

The USCIS Constitution Week activities will feature a naturalization ceremony at the DAR Constitution Hall on Sept. 17, where USCIS Acting Director Ken Cuccinelli will administer the Oath of Allegiance and provide congratulatory remarks to 1,000 new U.S. citizens. View a list of other notable 2019 Constitution Week-themed naturalization ceremonies.

Two hundred and thirty-two years ago, our great country adopted the United States Constitution, and as we celebrate Constitution Week, it is important to underscore the significance of citizens’ responsibilities for protecting and defending the Constitution,” said Acting Director Cuccinelli. “These nearly 34,300 new U.S. citizens followed the law on their path to naturalization and now call the U.S. home. I can think of no better way to celebrate Constitution Week than to welcome thousands of new U.S. citizens who have assimilated, made a commitment to our great country, and have vowed to support the Constitution.

Visa Bulletin 09/19

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 September 2019.

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2019/visa-bulletin-for-September-2019.html

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

Asylum EAD Update

USCIS has announced a proposed regulation to improve the process for granting or denying an initial application for employment authorization documents (EADs) by reforming the current 30-day timeline pertaining to pending asylum applicants.

These proposed changes will allow USCIS the time needed to receive, screen, and process applications, which in turn would strengthen national security, maintain technological advances in identity verification, and further deter those who may be attempting to defraud the legal immigration system under an improved process.

The original 30-day timeline was enacted more than 20 years ago. Since then, there have been additional requirements in background screening and vetting procedures to reduce fraud and identify threats to national security and public safety. 

Residence for USCs

USCIS has recently defined “residence” as it relates to citizenship for children of certain U.S. government employees and members of the U.S. armed forces who are employed outside the United States.

This guidance rescinds previously established USCIS policy, which stated that certain children who were living outside the United States were considered “residing in” the United States. As a result, it changes the process that parents of such children must follow to obtain a Certificate of Citizenship for their children. Under the previous policy, parents of those children could file either Form N-600, Application for Certificate of Citizenship, or Form N-600K, Application for Citizenship and Issuance of Certificate Under Section 322, on behalf of their children. As of Oct. 29, 2019, these parents must file Form N-600K to obtain U.S. citizenship for any child who did not acquire citizenship at birth or while residing in the United States. Therefore, we will apply current guidance to all applications filed before Oct. 29, 2019.

USCIS Re-Opens Pending Deferral Requests

Today, USCIS announced it has stopped its consideration of deferred action for non-military requestors.

USCIS sent out letters informing those who had requested deferred action that USCIS was no longer entertaining such requests. Deferred action is a discretionary determination to defer the deportation of an individual who is illegally present in the United States as an act of prosecutorial discretion on a case-by-case basis.  Those denied requests that were pending on August 7 did not have removal orders pending, and have not been targeted for deportation. By way of background, “deferred action” is a discretionary decision to temporarily postpone the removal from the United States of a person who is illegally present.  In the deferred action determinations at issue here, the Department of Homeland Security will make case-by-case, discretionary decisions based on the totality of the evidence and circumstances.  Such cases will be decided based on the discretion of career USCIS employees, including but not limited to considerations similar to the Department of State’s consideration of B-2 visas when such visas are requested for medical purposes.  Deferred action does not grant an alien lawful immigration status, nor does it excuse any past or future periods of unlawful presence.

Public Charge Rule

USCIS has announced a final rule to better ensure that aliens seeking to enter and remain in the United States are self-sufficient and rely on their own capabilities rather than on public resources.

This final rule amends DHS regulations by prescribing how DHS will determine whether an alien is inadmissible to the United States based on his or her likelihood of becoming a public charge at any time in the future, as set forth in the Immigration and Nationality Act. The final rule addresses U.S. Citizenship and Immigration Services (USCIS) authority to permit an alien to submit a public charge bond in the context of adjustment of status applications. The rule also makes nonimmigrant aliens who have received certain public benefits above a specific threshold generally ineligible for extension of stay and change of status.

DHS has revised the definition of “public charge” to incorporate consideration of more kinds of public benefits received, which the Department believes will better ensure that applicants subject to the public charge inadmissibility ground are self-sufficient. The rule defines the term “public charge” to mean an individual who receives one or more designated public benefits for more than 12 months, in the aggregate, within any 36-month period (such that, for instance, receipt of two benefits in one month counts as two months). The rule further defines the term “public benefit” to include any cash benefits for income maintenance, Supplemental Security Income (SSI), Temporary Assistance to Needy Families (TANF), Supplemental Nutritional Assistance Program (SNAP), most forms of Medicaid, and certain housing programs.

AOS Filing Chart

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 August 2019:

https://www.uscis.gov/visabulletininfo

Visa Bulletin 08/19

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 August 2019.

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2019/visa-bulletin-for-August-2019.html

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

USCIS Guidance EAD Parolees

USCIS has issuedpolicy guidance (PDF, 305 KB) in the USCIS Policy Manual to address its discretion to grant employment authorization to foreign nationals who are paroled into the United States:

Certain foreign nationals may be paroled into the United States for urgent humanitarian reasons or significant public benefit. Parolees are not entitled to employment authorization solely because they are paroled into the United States, but instead must establish eligibility and apply for employment authorization. USCIS will only consider employment authorization for parolees when,

USCIS International Offices

USCIS plans to maintain operations at its international field offices in Beijing and Guangzhou, China; Nairobi, Kenya; and New Delhi, India.

While retaining these seven international offices, USCIS plans to close the remaining thirteen international field offices and three district offices between now and August 2020. The first planned closures are the field offices in Monterrey, Mexico, and Seoul, South Korea, at the end of September. These organizational changes will allow more effective allocation of USCIS resources to support, in part, backlog reduction efforts.