USCIS Policy Alert: Family-Based Conditional Permanent Residents

USCIS Policy Alert, PA-2023-33, dated December 12, 2023https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20231212-Family-BasedCPRs.pdf U.S. Citizenship and Immigration Services (USCIS) issued policy guidance in the USCIS Policy Manual regarding family-based conditional permanent residents. The update clarifies what noncitizens must do to change the basis of filing in cases of waivers based on battery or extreme cruelty. It also clarifies that if a noncitizen’s conditional permanent resident status is terminated for failing to timely file Form I-751, they may be eligible to adjust permanent resident status on a new basis. This is true even if USCIS issues a notice of termination of conditional permanent resident status before the noncitizen files Form I-485, Application to Register Permanent Residence or Adjust Status. Under the Immigration Marriage Fraud Amendments of 1986, a noncitizen obtains permanent resident status on a conditional basis for two years if: To remove the conditions on their permanent resident status, conditional permanent residents generally must file Form I-751 within the 90-day period before the two-year anniversary of when they obtained conditional permanent resident status. The new guidance, Volume 6 of the Policy Manual, is effective immediately and applies prospectively to applications filed on or after December 12, 2023. On that date, this policy update will supersede the guidance found in Chapter 25.1 of the Adjudicator’s Field Manual (AFM), related AFM appendices, and related policy memoranda. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance on the topic. Policy Highlights Summary of Changes Affected Section: Volume 6 > Part I, Family-Based Conditional Permanent Residents • Adds content to previously reserved chapters 1, 2, 4, 5, 6, and 7, and adds content to previously reserved sections A, B, C, D, E, F, H, and I in chapter 3. USCIS may also make other minor technical, stylistic, and conforming changes consistent with this update. Citation: Volume 6: Immigrants, Part I, Family-Based Conditional Permanent Residents [6 USCIS-PM I] (Chapters 1-7).

Emergencies or Unforeseen Circumstances

Unforeseen circumstances, such as natural catastrophes (hurricanes, wildfires, severe weather, etc.), national emergencies (public health emergencies), severe illness, or conflicts abroad, can sometimes affect the processing of your USCIS application, petition, or immigration request. USCIS has discretion to take the below measures on a case-by-case basis upon request, if you have been affected by an unforeseen circumstance. You can request assistance by calling the USCIS Contact Center at 800-375-5283. In order to request an expedite through the Contact Center, you must have already filed a benefit request and have a USCIS receipt number. When you request help, you will need to explain how the impact of an unforeseen circumstance (domestic or international) created a need for the requested assistance. For example, if you lost all evidence of status or employment authorization, include an explanation in your description and a copy of a police report, insurance claim, or other report, if available, to support your request. Always keep your address up-to-date with USCIS to ensure you receive all correspondence and benefits from us in a timely manner and avoid possible delays related to your case. To update your address with USCIS, visit How to Change Your Address page of USCIS.gov. Note that changing your address with the U.S. Postal Service (USPS) will not change your address with USCIS. Please contact USPS if you need to temporarily hold or forward your mail due to unforeseen circumstances or a temporary relocation. Specific Requests Expedited Processing If you need USCIS to consider your request for a service or benefit more quickly, you may make that request when filing or after you file. In order to request an expedite through the Contact Center, you must have already filed a benefit request and have a receipt number. Read more about expedited processing on our website. Extensions and Changes You may request an extension of stay or change of status using Form I-539, Application to Extend/Change Nonimmigrant Status, or in the case of certain employment-based classifications, Form I-129, Petition for a Nonimmigrant Worker. If an unforeseen circumstance prevented your planned and timely departure, you may extend or change your status and provide an explanation for your failure to depart. If you do not apply for the extension or change of status before your authorized period of admission expires, USCIS may excuse the delay if it was due to extraordinary circumstances beyond your control. Fee Waivers If you are unable to pay the fee for a USCIS service or benefit, you may request a fee waiver for certain forms by filing Form I-912, Request for Fee Waiver. Document Replacement You may also request expedited processing for the replacement of lost or damaged immigration documents, such as your Green Card, your Employment Authorization Document (EAD), or Form I-94, Arrival/Departure Record. If your documents were lost, stolen, or damaged, and you need proof of employment eligibility, see the list of Form I-9 acceptable documents and receipts for other ways to complete Form I-9. Visit I-9 Central for more information. To replace a/n… You must file a… Green Card Form I-90, Application to Replace Permanent Residence Card, or request interim evidence of permanent residence stamp (I-551 stamp) from a USCIS Field Office.You may file Form I-90 online. Form I-94 Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Document Employment Authorization Document Form I-765, Application for Employment Authorization Employment Authorization Employees If your documents were lost, stolen, or damaged, see the list of Form I-9 acceptable documents and receipts for more information on other ways to complete Form I-9. Visit I-9 Central for more information. To replace an Employment Authorization Document (EAD), you must file Form I-765, Application for Employment Authorization. You may also request expedited processing for the replacement of a lost or damaged EAD. Employers All requirements for Form I-9, Employment Eligibility Verification, completion and E- Verify remain in place. E-Verify remains available to employers affected by unforeseen circumstances, both directly through the E-Verify web portal and E-Verify employer agents. If you have any questions or issues about using E-Verify from a remote location, please contact E-Verify Support at 888-464-4218 (for employers) or 888-897-7781 (for employees). Severe Economic Hardship to F-1 Students Caused by Unforeseen Circumstances If you experience severe economic hardship because of unforeseen circumstances beyond your control, you may request employment authorization to work off-campus (if you meet certain regulatory requirements). See 8 CFR 214.2(f)(9). Examples of unforeseen circumstances include (but are not limited to): To apply, you must submit Form I-765, Application for Employment Authorization, along with a copy of your Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, and any other supporting materials to USCIS. Your Form I-20 must include the employment page completed by your Designated School Official, certifying your eligibility for off-campus employment due to severe economic hardship caused by unforeseen circumstances beyond your control. If your request is approved, you may be able to work off-campus in one-year intervals up to the expected date of completion of your current course of study. See 8 CFR 214.2(f)(9)(ii). Special Student Relief Special Student Relief (SSR) is the suspension of certain regulatory requirements by the secretary of Homeland Security for F‑1 students from parts of the world that are experiencing emergent circumstances. Examples of emergent circumstances include natural catastrophe, war and military conflicts, and national or international financial crises. DHS designates SSR by publication of a Federal Register notice, which provides the start and end dates of the suspension of those requirements, which may include any or all requirements for on-campus or off-campus employment. A list of active SSR notices is available on the ICE Student and Exchange Visitor Program What’s New webpage. You may be eligible to apply for off-campus employment authorization if you: To apply, you must submit Form I-765, Application for Employment Authorization, along with a copy of your Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, and any other supporting materials to USCIS. Failure to Appear for an Interview or to Respond to a Request for Evidence If you did … Read more

USCIS Enhancing Transparency Introducing myProgress for Application Tracking

The United States Citizenship and Immigration Services (USCIS) has taken a significant stride towards improving the application processing experience with the introduction of myProgress, formerly known as personalized processing times. What is myProgress? myProgress offers enhanced transparency for applicants, allowing them to track the progress of their Form I-485 or Form I-821 in real-time. This service is currently available for family-based or Afghan special immigrant Form I-485 applicants. It’s a user-friendly tool accessible through the USCIS online account. Who is Eligible to Use myProgress? For now, the service will only be available for family-based or Afghan special immigrant Form I-485, Applicants for Permanent Residence or Adjust Status, and Form I-821, Application for Temporary Protected Status. Key Features of myProgress Applicants with a pending Form I-485 or Form I-821 can now: How to Access myProgress To utilize myProgress, applicants need to follow these simple steps: Forms Supported by myProgress myProgress is currently available for the following forms: Additional Information While myProgress is a valuable tool, all applicants and petitioners must still use the Check Case Processing Times webpage to determine eligibility for filing a service request outside of normal processing times. For more detailed information on myProgress, please refer to the full announcement. This development marks a crucial step in USCIS’s ongoing efforts to enhance the application process, increase transparency, and reduce contact center wait times. Applicants are encouraged to take advantage of myProgress to stay informed about their case processing journey.

New USCIS Form Editions (Form I-601A, G-325A, & I-907)

New USCIS Forms

On November 13, 2023, USCIS released a new edition of the Form I-601A, Application for Provisional Unlawful Presence Waiver. The new edition is the 08/31/21. You can find the edition date of a form on the bottom of the page. See uscis.gov/forms/forms-update for information about updates to USCIS forms. On October 31, 2023, USCIS announced a new edition of the Form G-325A, Biographical Information (for Deferred Action). The new edition date for the G-325A is the 10/25/23 edition, which will be the only edition accepted starting today, November 14, 2023. New 08/31/2021 Edition Form I-601A Updated Form I-601A, Application for Provisional Unlawful Presence Waiver Form G-325A Update to Form G-325A, Biographic Information (for Deferred Action). New Edition Dated 10/25/23.

 540-Day Automatic Extension Rule Ends Today

 540-Day Automatic Extension Rule Ends October 26, 2023 On May 3, 2022, USCIS announced a Temporary Final Rule (TFR) increasing the automatic extension period for certain Employment Authorization Document (EAD) renewal applications to up to 540 days. The TFR ends today, October 26, 2023. Eligible applicants who filed before October 26, 2023 will receive the 540-day extension.  Eligible applicants who file their EAD renewal applications after today will still receive an automatic 180-day extension on their work authorization.    For more information about employment authorization you can check the wiki.