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Pages: 1 2 3 4 5 Last (Viewing page 3 of 8 ) - topics in the last 5 years
USCIS changes I-131a procedures for helping for holders of Advance Parole |
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2:34 pm January 11, 2023 | |
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Mike E
Read 790 Times 2 Replies
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This was something that seems to have happened in November or December of 2022: https://www.uscis.gov/i-131a Quote ALERT: We have published an updated Form I-131A, edition date 11/02/22. We have published an updated Form I-131A, edition date 11/02/22. This updated form allows you to apply for a travel document (carrier documentation) to board an airline or other transportation carrier without the carrier being penalized, if you are a foreign national: - Who is not a lawful permanent resident or conditional lawful permanent resident; and
- Who received a Form I-512/Form I-512L, Advance Parole Document, or an Employment Authorization Document, with travel endorsement; and
- Whose document was lost, stolen, destroyed, or damaged while you were temporarily traveling outside the United States.
Quote Use this form if you are: [...] - Not an LPR or a conditional LPR, but you received a Form I-512/Form I-512L, Advance Parole Document, or Form I-765, Employment Authorization Document (EAD), with travel endorsement that was lost, stolen, damaged or destroyed while you are overseas and wish to apply for a travel document (carrier documentation) that allows you to board an airline or other transportation carrier without the airline or transportation carrier being penalized.
In the past, VisaJourney contributors who has lost their AP have reported difficulties getting back to the U.S., with successful efforts requiring a Humanitarian Parole document from a U.S. consulate (some have reported the consulate refuses, and instead says USCIS should issue an emergency AP document), convincing the airline at a CBP pre-clearance airport to let the AP holder talk to CBP, or convincing the airlines to let the AP holder board:
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USCIS Updates Policy to Automatically Extend Green Cards for Naturalization Applicants (merged) |
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8:53 pm December 9, 2022 | |
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Mike E
Read 1546 Times 18 Replies
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https://www.uscis.gov/newsroom/alerts/uscis-updates-policy-to-automatically-extend-green-cards-for-naturalization-applicants Effective Dec. 12, 2022, U.S. Citizenship and Immigration Services (USCIS) is updating the USCIS Policy Manualto allow USCIS to automatically extend the validity of Permanent Resident Cards (commonly called Green Cards) for lawful permanent residents who have applied for naturalization. This update (PDF, 307.54 KB) is expected to help naturalization applicants who experience longer processing times, because they will receive an extension of lawful permanent resident (LPR) status and may not need to file Form I-90, Application to Replace Permanent Resident Card (Green Card). LPRs who properly file Form N-400, Application for Naturalization, may receive this extension without regard to whether they filed Form I-90. USCIS will update the language on Form N-400 receipt notices to extend Green Cards for up to 24 months for these applicants. The receipt notice can be presented with the expired Green Card as evidence of continued status as well as identity and employment authorization under List A of Employment Eligibility Verification (Form I-9), if presented before the expiration of the 24-month extension period provided in the notice. Prior to this change, under USCIS policy, naturalization applicants who did not apply for naturalization at least six months before their Green Card expiration date needed to file Form I-90, Application to Replace Permanent Resident Card (Green Card), to maintain proper documentation of their lawful status. Applicants who applied for naturalization at least six months prior to their Green Card expiration were eligible to receive an Alien Documentation, Identification, and Telecommunications (ADIT) stamp in their passport, which served as temporary evidence of their LPR status. This policy was based on the processing goal of 180 days or six months for Form N-400s, which would make filing Form I-90 unnecessary for applicants who filed at least six months before their Green Card expiration date. This policy update recognizes USCIS current processing times, while improving flexibility and efficiency by reducing the number of ADIT stamp appointments in field offices and the number of Form I-90s filed, which allows for these resources to be focused on other immigration benefit adjudications. The extension will apply to all applicants who file Form N-400 on or after Dec. 12, 2022. LPRs who filed for naturalization prior to Dec. 12 will not receive a Form N-400 receipt notice with the extension. If their Green Card expires, they generally must still file Form I-90 or receive an ADIT stamp in their passport, in order to maintain valid evidence of their lawful permanent resident status. Lawful permanent residents who lose their Green Card generally must still file Form I-90, even if they have applied for naturalization and received the automatic extension under this updated policy. This is because noncitizens must carry within their personal possession proof of registration, such as the Green Card and any evidence of extensions or may be subject to criminal prosecution under INA 264(e). Applicants who require an ADIT stamp may request an appointment at a USCIS Field Office by contacting the USCIS Contact Center. Visit the Policy Manual Feedback page to comment on this update. For more information, visit our Replace Your Green Card page. For questions specific to employment, please see I-9 Central.
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CR-1 versus K-1: one K-1 couple’s experience |
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7:17 pm October 25, 2022 | |
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Mike E
Read 691 Times 5 Replies
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I became a U.S. citizen in 1/2018 2018, and filed I-129F in 2/2018 Long story short my now wife received her 10 year green card 10/2022 close to 5 years after I-129F was filed. We didn t go the CR-1 route because of the legal difficulty of my wife, a citizen and resident of Burma, getting married to a foreigner of a different race and religion. Among the few countries she could travel to without a visa, marriage between two foreigners was a cumbersome process. Something like the Utah zoom marriage service did not exist. Let s imagine remote marriage service did exist and we went the CR-1 route. How might our timeline have changed: March 2017 - during one of our actual in person meetings , we get married via Utah Zoom and file I-130. While we had decided to get married earlier, our previous two meetings were in Burma and in 2016, Internet speeds their didn t support video conferencing. January 2018 - I take oath of citizenship and inform USCIS or NVC to upgrade petitioner status. March 2019 - on our two year wedding anniversary my wife enters the USA on her CR-1 visa. In the real timeline she entered January 2019 on a K-1. April 2019 - my wife receives a 10 year green card. In the real time line she filed I-485 April 2019, and received a 2 year gc in January 2020, forcing us to file I-751 in 10/2021. In the real timeline, a year later in 10/2022 she received her 10 year gc. This btw is abnormally fast. We have a high profile member on visajourney who has been waiting 3 years with a joint filing and if anything, has a more solid case than ours. Back to the alternate timeline. March 2022 - my wife files for U.S. citizenship. In the real time she hasn t filed yet and won t be eligible until later this month in October 2022. K-1 was not faster for us. It was more expensive in USCIS fees. Imagine a petitioner who is already a U.S. citizen, visiting a fianc (e) in a country with decent Internet. I think end to end the process would be faster by a year or 2. Probably more because I-751 cases are a death march now and not a day goes by without discussion on visajourney about what to do when a 24 month extension letter expires. 36 month extension letters are coming is my prediction. Conditional LPRs increasingly can t travel, can t work, can t drive. This didn t matter much to us because of the pandemic and my fortunate financial situation. But most couples aren t as old as my wife and I are. Do not do K-1 unless your alien fianc (e) has children aged 18, 19, or 20 and you both want them to immigrate at the same time.
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9th Circuit rules U.S. citizens can challenge doctrine of consular non reviewability |
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7:19 pm October 6, 2022 | |
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Mike E
Read 1017 Times 6 Replies
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As https://cdn.ca9.uscourts.gov/datastore/opinions/2022/10/05/21-55365.pdf recounts Sandra Munoz is a U.S. Citizen who sued in court to overturn a denial of an immigration visa to her spouse. District Court ruled for the U.S. government under the doctrine of consular non reviewability. The decision was appealed and the appellate court overruled the district court. Vacating the district court s grant of summary judgment in favor of the government, and remanding, the panel held that (1) where the adjudication of a non-citizen s visa application implicates the constitutional rights of a citizen, due process requires that the government provide the citizen with timely and adequate notice of a decision that will deprive the citizen of that interest; and (2) because the government failed to provide timely notice in this case, the government was not entitled to summary judgment based on the doctrine of consular nonreviewability The panel explained that, as set forth in Kleindienst v. Mandel, 408 U.S. 753 (1972), and Kerry v. Din, 576 U.S. 86 (2015), the doctrine of consular nonreviewability admits an exception in certain circumstances where the denial of a visa affects the fundamental rights of a U.S. citizen. The panel concluded that, under the precedent of this circuit, Mu oz possessed a liberty interest in her husband s visa application. The panel explained that this court recognized the existence of this interest in Bustamante v. Mukasey, 531 F.3d 1059 (9th Cir. 2008), and Justice Kennedy s controlling concurrence Din declined to reach this issue. Because Mu oz asserted this protected liberty interest, the panel proceeded to evaluate whether the government provided a facially legitimate and bona fide reason for denying the visa The opinion goes on to mentioned that the petitioner s spouse was denied the visa because of suspected affiliation with a criminal gang but took 3 years to issue the denial. The panel also observed that the administrative provisions for review of visa applications a 30-day period in which visa denials must be submitted for internal review and a 1-year period in which reconsideration is available upon the submission of additional evidence and approvals provided contextual support for the proposition that receiving timely notice of the reason for a denial is essential for effectively challenging that denial. By this standard, the panel concluded that the government s nearly three-year delay in providing appellants with the reason for the denial of Asencio- Cordero s visa did not meet the requirements of due process. Therefore, the panel concluded that the government was not entitled to invoke consular nonreviewability to shield its visa decision from judicial review and, as a result, the district court could look behind the government s decision on remand
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