wazzujoel

Thanks TboneTX. I have contacted my congressman when the news broke. One issue with the news is that the CBS news article sited a undisclosed "leaked internal memo" that stated that USCIS is not to process any Residency applications or work authorizations or any other application if the person arrived via CHNV. This hasn't been official announced however several sources have claimed that the memo and directive is real. I contacted my congressman pointing them to the CBS news article (posted below if you are curious) but I am not sure how much help my congressman and senator will be with secret, closed door, possibly-illegal actions Trump directed USCIS will be. But hopefully these elected officials can intervene before things get out of control. https://www.cbsnews.com/news/u-s-pauses-immigration-applications-for-certain-migrants-welcomed-under-biden/ Thank you for the clarification, I was reading that as more of a requirement. You're correct it does say "should" make a determination within 180 days. Amazing how such a small word can turn a sentence from something that would add accountability to one that really is kinda meaningless.

hm. I really would be nice if someone official within USCIS would offer some clarification on what they have been directed to specifically do. Because it appears that USCIS might be "effectively freezing" them in their status preventing their ability to move to another legal status; however, unless I misunderstand immigration policies, I believe my fiancée (as an example) became "Pending permanent residency" April 10th 2024 when USCIS received her application and sent us a i-797C receipt of i-485 application informing us that she is pending AOS. From everything I have read, if someone has a pending AOS than they have a protected status of being removed from the country even if the underlying pathway they arrived on expired. The thing is, this is pretty new territory for someone who arrived on CHNV and is seeking AOS based on the law of CAA of 1966. As far as I can tell, her status of "pending AOS" should allow her lawful presence in the USA until USCIS makes a determination on her Residency application. Perhaps that will be the entirety of Trumps presidency. Note per US law 8 USC chapter 13, USCIS is supposed to make a residency decision within 180 days which is the whole point of this thread..... My fiancée is now going on 316 days of pending AOS and I am wondering if filing a writ of Mandamus is advised in a situation where USCIS is already in violation of immigration law and unsubstantiated information is being rumored that USCIS plans to not work on such cases. Thoughts? btw - thanks for the messages. I understand not many here will claim to be experts however there are a lot here who have been around the community a lot so I value the opinions I see here. Reading the forum messages on this site has allowed me to file a successful K1 application That was approved by USCIS before we abandoned it due to the CHNV HP route, file 5 successful CHNV HP petitions that were approved, file 5 i-765's that were all approved, and file 5 i-485's with 2 approved and 3 in limbo. Never received an RFE and I credit the help I have received here for a good chunk of that success.

Although I sponsored these people under Biden's Humanitarian Parole program, I do agree with you that the program was very disorganized, had instances of people getting paroled through fraud, and was very short sighted in vetting the people and making sure they had actual support here in the USA. A large fault to the programs failures should be attributed to USCIS inadequacies which is not only seen with this CHNV program but is wide spread across ALL immigration paths. Not processing applications generally in order, and not using standard practices for vetting applications are two huge reasons for the failures of our agency in charge of making sure we have fair, ethical immigration pathways. USCIS needs to instantly stop the practice of processing newer cases while older cases remain untouched only to prop up their average processing times. If you aren't going to fairly process cases that arrive legally then don't be surprised when desperate people find other ways to skirt a system that isn't even following their own laws and rules. Politics aside - I am not arguing on this forum about what should have been done but talking about real people that are personally apart of my family. I am looking to do what is best for my three people. You stated that they are not immigrants and I am asking you what are they then? These three people are foreigners who were allowed to legally come here temporarily for 2 years. It's perfectly fine if you want to think of this as a two year tourist visa they received, however I will correct you that the people I sponsored did not receive cash benefits from the government, did not receive food benefits from the government, do not receive any sort of housing stipend from the government, nor do they receive health insurance from the government. They paid roughly 500 to USCIS to apply for the authorization to work in this country, which USCIS granted 30 days after their arrival, and then they got overnight jobs at Walmart stocking shelfs because those were jobs Americans didn't want because Walmart couldn't find anyone to do that work. In the last 1.5 years they have worked full time, and have paid taxes on the money, bought cars, pay for insurance, pay for a non-subsidized apartment, and would love to buy a house this summer if they can find one. They have applied for Permanent Residency i-485 under the 1966 law titled Cuban Adjustment Act. They have satisfied all conditions of this US law and as such 2 of the 5 people I sponsored on CHNV have been approved. The other three will be approved if someone at USCIS bothers to look at their application that they submitted 10 months ago. So if they are not immigrants what are they? Are you saying they are "non-immigrants that have legally applied for permanent residency per US law"?

I am 99.9% on the bolded part? I have read multiple cases where someone comes to the US, and then while here they find some immigration path to become a Permanent Resident, and while they are waiting for a decision on their i-485 that status here lapses and they are allowed to stay until a decision has been made. I see no reason why this should be any different. Everything I have read is that when your status expires but you have a pending i-485 you are allowed to stay indefinitely until a decision has been made; however, if the application ends up being denied than the foreigner is required to immediately leave the country because they no longer have any legal basis for remaining. I know you have been around these forums a lot and you seem quite knowledgeable.... Are you saying you've never heard of situations such as this? This being CHNV seems pretty irrelevant in my opinion, because although that was their legal entry into the country (call it a 2 year tourist visa if you want) was CHNV, at this point in time they legally applied for permanent residency meeting all conditions of the 1966 Cuban Adjustment Act Law. They applied for for residency 1 year before their "2 year tourist window" expired, and USCIS has taken more than the 180 days to process a residency application which brings USCIS in violation of the law per 8 USC Chapter 13. Thoughts? Do you really think that Trump will try and deport someone who has a pending permanent residency application? It's really quite frustrating to me... The 5 people I sponsored are all great people. One is in HS and graduating this spring with honors. One is my partner. The other three have full time jobs, working hard, paying taxes, not living on any form of government assistance... So USCIS approved the dad of this family unit, and then a friend of my partner. Who has not been approved is my partner, her mom, and her brother. All five i-485 applications were exactly the same with the only difference being biographic data.... It's the same code, just different names and dates. USCIS then approves 2 of them in roughly 90 days and then the other 3 just remain in limbo and then they announce they are not going to process any application regarding people that arrived with CHNV no matter if they have a legal basis for being here.

Then what are they? Under US law, they are Cuban nationals who are now allowed to become permanent residents of this country under Cuban Adjustment Act of 1966 because they are Cubans who were lawfully present on US soil for 1 year and 1 day. Under US law they are now adjustable to residents. Perhaps I am misunderstanding your comment - can you clarify?

Since USCIS are no longer processing any cases for people that came on CHNV (Biden's Humanitarian Parole for Cubans, Hattians, Nicaraguans, and Venezuelans), I am questioning if I should start this process of filing a lawsuit. I have 3 family members that are still pending permeant residency with application dates from April 2024. I personally filled out 5 i-485 applications for this family group and 2 of the 5 were approved in September. Their parole period ends this spring, and I know that since they are pending residency they will be allowed to stay legally until a decision has been made with their application... However once their parole period ends, so does their work authorization... and from what I have read USCIS is stopping work on all applications related to anyone who came on CHNV which means they wont be able to get a work authorization renewal as they wait for the "indefinite suspension of processing any case of a CHNV individual" to end. https://www.cbsnews.com/news/u-s-pauses-immigration-applications-for-certain-migrants-welcomed-under-biden/ How is this legal? Does Trump expect these immigrants who are here legally to just stop working, and go on public assistance until USCIS decides to start processing their applications again? These immigrants that I helped come here are not on any form of public assistance, work full time on minimum wage paying jobs that Americans don't want, pay taxes, and abide all laws.

Replying to my own topic because I have the answer. Yes it should be c(9) and the filing fee is $260

This is sorta related to my last post, but now I am questing everything I was doing. Cuban citizen originally came to the US legally under Biden's Cuban Humanitarian Parole Program. She applied for I-765 EAD with code "Parole c(11)" in May of 2023 and received her EAD card 30 days later. The expiration of her EAD lines up with the expiration of her 2-year humanitarian parole window. She applied for i-485 permanent residency 1 year + 1 day after her arrival in the US via Cuban Adjustment Act of 1966. It should be noted that I personally did 5 of these applications, and 2 of the 5 received their green cards 3 months later where the other 3 are just "pending" but will certainly be approved. Since USCIS is such a mess, and there is no real timeline for when they will do their job, I feel she needs to file for some sort of extension of her work authorization. Questions : 1. What should her i-765 filing category be? 2. What is the filing fee?

Yes those can remain unchecked.

There has been a lot of helpful tips in this thread already, but I want to stress one important thing to you.... They provided you a bulleted list of the sort of evidence they are looking for. Now you don't need to include a response to every bullet, because some of those things will not be relevant for you; however, what I would do is read each bullet carefully multiple times, and try and capture some sort of evidence for each bullet. It sounds like you have an agent that is being very nit-picky so make sure you provide substantial evidence that proves that you intend to marry. I know you said you previously sent a couple photos of you together, however I would definitely make sure you send more, and make sure you write the date and location on the back of them. Also have the majority of the photos you send be taken between one year (or a few months prior) prior to filing for K1, to the filing date of K1. This is a requirement for K1... You must prove that you have seen each other in person at least once in the previous 2 years before applying for K1. If you wanted to provide one photo from after you filed K1, that's okay, but put that at the back. Like if you have photos of her ring and the engagement (prior to filing) that would be very helpful

Perfectly good reason. It sounds like what they are asking is for an explanation of your intent. Why don't you make a rough draft of what you intend to say, and post it here and then we can help you revise it to make sure it's perfectly clear. You letter should contain the following : 1. You and the beneficiary intend to both reside together in NYC for two months because you want to provide your direct family and your partner the chance to get to know each other better, before you both move back to California at the address you reside in. 2. Explain where you will be residing together in NYC - address, who owns the property, etc 3. Provide the complete name of the mutual relative that introduced you two. Additionally define the relationship between this third party in how they are related to you AND how they are related to her. I'd expect this to be a single page, maybe three paragraphs. and also when you send back this letter, make sure attach the RFE coversheet (exactly what they put in bold). I don't think you need to provide any additional evidence... Just a signed letter explaining the details they are asking for.

I feel like this is either "no" or "enough of a grey area to not do it". If this was some sort of unpaid training that didn't result in a job at the place you're training then it's probably legit. receiving scholarship money to me seems like too close to being considered pay and I woudn't take the risk personally.

Just for clarification, I meant 'good news' because less requirements means less things that can go wrong. I am not anti-vax or anything.... We just are past the point where Covid is no longer really dangerous to society, so seems good to remove the requirement. It's kinda like if there was a requirement for everyone having Dengue vaccine and they got rid of that requirement. This would be good because Dengue isn't really a huge health to concern US society even though it could be a pretty serious illness.

My significant other is from Cuba and their address are really weird too. it would be something like "main and pike, down the alley, second floor 4 doors down with red door handle". When I did her K1, I just kinda invented an address that seemed more accurate by using google. She told me that what I wrote, no one in Cuba would be able to find her like that but I also wasn't going to list it like she wanted which was more like have you give someone directions to their place. Anyways... my point - We were approved without an RFE. I don't think the address is used to send any communications. everything goes through email so make sure the email is correct. Do the best you can and EatVulaga's answers were good. One thing though - Whatever you do, take note and always use that... be consistent.

Trump made this change or the new USCIS director? good news either way