ICE has announced that their “online change of address tool” for people in removal proceedings, subject to a removal order or Order of Supervision of some kind, or are otherwise required to keep their address updated with DHS/ICE.
How to file for US Citizenship: Requirements for citizenship. Exceptions to citizenship requirements. Process of getting citizenship.
As of May 12, 2023, the COVID-19 Vaccination Requirement has been updated. See below for details from the CDC. Top of Page COVID-19 Vaccination Requirement The applicant must receive one dose of the COVID-19 vaccine if a dose is due at the time of the exam according to current CDC guidance. Now, like other vaccine requirements, additional doses are no longer required, and applicants do not have to postpone completion of the exam to complete the primary series of the COVID-19 vaccine. Applicants who have completed any approved* primary COVID-19 series prior to the exam require no additional COVID-19 doses for immigration. Those who have not should receive a bivalent vaccine according to current CDC guidance. For applicants who have received one or more doses but have not completed the primary series and are not yet due for the next dose in the series at the time of the exam, use the “Insufficient time interval between doses” blanket waiver. As with other vaccinations, additional doses recommended for older age groups, health conditions or immunocompromise are not required for completion of this exam. Although booster doses are not currently required, please refer to this page frequently for future guidance regarding a COVID-19 boosting schedule. * The COVID-19 vaccines approved for use in these Technical Instructions are those vaccines authorized for emergency use (EUA) or approved under a Biologics License Application (BLA) by the US Food and Drug Administration (FDA) or listed for emergency use (EUL) by the World Health Organization (WHO). SOURCE: Vaccination Technical Instructions for Civil Surgeons | CDC Soiurce
The HHS Poverty Guidelines are how you calculate the level of income that is required by the petitioner when filing a visa petition for a family member. If your income does not meet the requirements then you will need to get a joint sponsor. For more information about the affidavit of support and joint sponsors check out our guide to the Form I-864A.
Trying to get information from USCIS can be a difficult task. Here is some information about how USCIS’ customer service works so you can better understand what you can expect. I’ve also provided some tips based on my experience contacting USCIS. How can I speak to a person at USCIS? USCIS offers multiple ways you can get in touch with them including a toll free phone number. You can easily call USCIS and speak to a live person. You may wait on hold for awhile but it is an option. If you would like to speak with a person over the phone it is not as difficult as many think. The toll-free customer service number for USCIS is 1-800-375-5283. Navigate the Automated Menu to Speak to A Human If you respond to the prompts in the manner above you will get to a representative as quickly as possible. While the automated assistance phone number is available 24/7 live human assistance is not. You can only speak to a representative between the hour of 8 am to 9 pm EST, Monday through Friday. You cannot speak to a representative on the weekends or holidays. If when you call you are asked to “state the reason for your call” rather than getting the prompts above then the answer that will get you to a representative the fastest is, “infopass.” If you say you are calling to schedule an infopass appointment then you will be connected to a representative right away with no further robots. Before Calling USCIS USCIS representatives will not be able to assist you, or even talk to you at all, unless you have certain information. Also, they will only be able to talk to the Petitioner, the beneficiary (or applicant), or the attorney of record with a valid Form G-28 on record with the Service. They will confirm that you are one of those people by asking for your name and date of birth or A number. Before you call USCIS make sure you have the following: Be prepared to wait on hold for some time. You should call early in the day for less of a chance of long waits and less of a chance of waiting on hold for hours only to be told that they are closing and you have to call back tomorrow.
Joseph Caraccio June 4, 2023 One Comment travel, U visa INTERNATIONAL TRAVEL AS A U NONIMMIGRANT Uncategorized inadmissibility Case Law BIA FOIA USCIS FAQ SIJS Citizenship How To Visa EAD Court Q&A WebEx Asylum TPS Bond policy News Special Immigrant Video Extreme Hardship CAT criminal marriage motions SCOTUS U Visa It seems we can't find what you're looking for. Search Wiki See All Results CAN I TRAVEL ONCE MY U VISA IS APPROVED? Once you receive the I-918 approval notice indicating you are in U nonimmigrant status, can you can travel outside of the United States? Technically, individuals in U nonimmigrant status are eligible to apply for a U visa abroad at a U.S. consulate and may be able to use that visa to reenter the United States after a trip abroad. While theoretically possible, it would not be advisable. There are also two serious concerns that would arise relating to unlawful presence bars and the continuous physical presence requirements for U nonimmigrants to be able to adjust status and obtain a green card after three years in U status. UNLAWFUL PRESENCE BARS There are also complications that arise from unlawful presence. If the U visa holder accrued unlawful presence, which most have, then departure from the United States will trigger a three- or ten-year bar making them inadmissible. Once a U nonimmigrant that is outside of the country has triggered a new ground of inadmissibility such as the unlawful presence, they will need to apply for a new waiver of inadmissibility on Form I-192 (any existing I-192 that was approved will only cover grounds of inadmissibility that existed at the time it was approved not grounds that were triggered after). They will be required to remain outside of the United States during the adjudication of the waiver. Note: This is because they are outside the United States and reentering thus they must be admissible, otherwise new grounds of inadmissibility would not necessarily require a new waiver for purposes of adjustment of status. CONTINUOUS PHYSICAL PRESENCE REQUIREMENTS FOR ADJUSTMENT OF STATUS IN THREE YEARS Further it may create an obstacle to later eligibility to adjust status to become a legal permanent resident and get a green card. In order for U visa holders to apply for adjustment of status to lawful permanent residence, she must demonstrate continuous physical presence in the United States. The regulations state that “an alien shall be considered to have failed continuous physical presence…if the alien has departed from the United States for any period in excess of 90 days or for any periods in the aggregate of 180 days.” Since it will almost certainly take more than 90 days to process the visa and/or waiver needed, the U visa holder will likely become ineligible for adjustment of status since they will have an interruption in their continuous physical presence. GROUNDS OF INADMISSIBILITY TRIGGERED AFTER THE APPROVAL U visa holders are not required to demonstrate their admissibility when applying to adjust their status pursuant to INA §245(m). When the U nonimmigrant applies to adjust status through INA §245(m), there is no need—and, actually, no mechanism—for USCIS to waive a ground of inadmissibility, and the existence of the unwaived ground of inadmissibility will not preclude them from adjusting status. Any ground of inadmissibility may factor into USCIS’s determination as to whether discretion should be exercised in the applicant’s favor. Therefore, it is possible that a serious criminal issue or alike will ultimately end up preventing them from being able to adjust status just under a different legal ground. Per the regulations, where new grounds of inadmissibility and other adverse factors are present at the adjustment stage, the applicant may “offset” them “by submitting supporting documentation establishing mitigating equities that the applicant wants USCIS to consider when determining whether or not a favorable exercise of discretion is appropriate.” See 8 CFR §245.24(d)(11). Depending on the nature and severity of the adverse factors, “the applicant may be required to clearly demonstrate that the denial of adjustment of status would result in exceptional and extremely usual hardship.” See 8 CFR §245.24(d)(11). [The regulations provide that “USCIS will generally not exercise its discretion favorably in cases where the applicant has committed or been convicted of a serious violent crime, a crime involving sexual abuse committed upon a child, or multiple drug-related crimes, or where there are security- or terrorism-related concerns.” Id.] In that scenario, if trying to overcome new grounds of inadmissibility, you would want to try to tie the new ground of inadmissibility or other adverse factor(s) to the applicant’s victimization and/or cooperation with law enforcement. Though such a showing is not legally required, it can serve as a strong mitigating equity. Address and provide evidence of the humanitarian considerations and disruption to family unity that will result if USCIS denies the adjustment application. REVISITING PRIOR GROUNDS OF INADMISSIBILITY & ADVERSE FACTORS ALREADY ADDRESSED It has become increasingly common for USCIS to issue Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) and to deny U-based adjustment applications based on grounds of inadmissibility and/or other negative discretionary factors that the U visa holder previously disclosed and addressed in the underlying U visa petition. I would be wise to anticipate this. In the adjustment of status context, the issue is no longer one of inadmissibility but of discretion. Even if the criminal history occurred before the U visa was granted, and even if a waiver was granted for the ground of inadmissibility, you still need to present evidence of discretion to overcome these negative factors at the adjustment stage. You should decide on a case-by-case basis whether you may want to try arguing that USCIS is abusing its discretion and that they should not be relitigating these matters (in the event the adverse factors are particularly severe and may impact the outcome). PrevPreviousRE-TAKING THE NATURALIZATION ENGLISH OR CIVICS TEST NextContacting USCISNext