CERTAIN NONIMMIGRANT VISA APPLICANTS WHO WERE DENIED WAIVER WILL BE ABLE TO REAPPLY

Following a district court ordered, the U.S. government will provide relief to approximately 41,000 nonimmigrant visa applicants who were denied a waiver during the Trump administration's travel ban and who have not subsequently been granted a visa. The government will notify these 41,000+ individuals directly through the Consular Electronic Application Center and indirectly through the Department of State's website and will advise them that they may reapply for a nonimmigrant visa without paying a second fee. By today, February 17, 2023, the government will file a proposed schedule for providing notice; submit proposed language for the notice; and state whether updated materials will be required. The government will set aside a “reasonable time limit” for these nonimmigrant visa applicants to reapply.

USCIS UPDATES CHILD STATUS PROTECTION ACT (CSPA) AGE CALCULATION FOR CERTAIN ADJUSTMENT OF STATUS APPLICANTS

On February 14, USICS issued policy guidance updates controlling when an immigrant visa number “becomes available” for the purpose of calculating a noncitizen's age in certain situations under the Child Status Protection Act (CSPA). Under Federal guidelines, for a child to obtain lawful permanent resident status in the United States based on their parent's approved petition for a family-sponsored or employment-based visa, the child must be under the age of 21. If the child turns 21 and “ages out” during the immigration process, the child generally is no longer eligible to immigrate with the parent based on the parent's petition. Prior to this update, USCIS considered a visa “available” for purposes of the CSPA age calculation based only on the Final Action Date chart, even if a noncitizen could apply for adjustment of status using the earlier date in the “Dates for Filing” chart. However, under this new guidance, USCIS will use the Dates for Filing chart to calculate these noncitizens' ages for CSPA purposes. Therefore, for those noncitizens who are eligible to adjust status because of the change in policy and who have filed for adjustment of status, they will also be eligible to apply for employment and travel authorization based on their pending adjustment of status application. Additionally, noncitizens may file a motion to reopen their previously denied adjustment of status application with USCIS by using Form I-290B, Notice of Appeal or Motion. Motions to reopen generally must be filed within 30 days of the decision. According to the USCIS website, “for a motion filed more than 30 days after the denial, USCIS may, in its discretion, excuse the untimely filing of the motion if the noncitizen demonstrates that the delay was reasonable and was beyond the noncitizen's control.”

USCIS ISSUES REMINDER TO SUBMIT ALL REQUIRED INITIAL EVIDENCE AND SUPPORTING DOCUMENTS FOR FORM I-485

It is suggested that those submitting Form I-485, Application to Register Permanent Residence or Adjust Status, file all required initial evidence and supporting documents at the time of submitting their application. In particular, USCIS recommends submitting Form I-693, Report of Medical Examination and Vaccination Record at the time of filing in an effort to avoid possible delays in processing and the issuance of RFEs to obtain these additional evidences and documentations. This is important as it can help avoid adjudication delays for those who are not required to be interviewed. Form I-693 is valid for two years from the date the civil surgeon signed the Form. Additionally, there is a new Form I-485 (edition date 12/23/22), so those submitting Form I-485 after December 23, 2022, must use this new edition or the filing will be rejected.