US Immigration Update for October 2022 – At Richards and Jurusik we handle a broad scope of US immigration matters. Our monthly updates provide a sampling of cases we have had approved during the month as well as relevant immigration updates. Come back each month as we keep you up to speed on US Immigration Law.
The US immigration process can be extremely frustrating, and to add to it, processing times are very unpredictable. It can take weeks to months to file an immigration case and to receive confirmation that your case is processing. Once your application is in processing, it can take months to years to receive a final decision on your case. Even then, it can be very difficult to get a clear answer on where your application stands. Here, we discuss what your options are if your immigration case is taking longer than normal below.
On October 20, 2022, US Citizenship and Immigration Services (USCIS) provided updated guidance on expedited work authorization (EAD) procedures for qualifying healthcare and childcare workers. The expedited process has been extended to include healthcare workers and childcare workers with valid immigration status and an initial Form I-765 Application for Employment Authorization that has been pending for over 90 days.
Once your USCIS I-130 Petition for a foreign relative has been approved by US Citizenship and Immigration Services (USCIS), the case is then forwarded to the National Visa Center (NVC). The NVC acts between USCIS and the US Consulate or Embassy where your relative is located to collect additional information and evidence before the immigrant visa interview can be scheduled. The immigrant visa interview will not be scheduled until NVC clears the case for the interview. Sometimes this process can take several months. We discuss how to request NVC to expedite your case here.
When you file a USCIS Form I-485 Application to Adjust Status to a US Permanent Resident (Green Card) along with USICS Form I-765 Application for Employment Authorization and USCIS Form I-131 Application for Travel Authorization concurrently (At the same time), USCIS will adjudicate the I-765 Application for Employment Authorization first. If approved, USCIS will issue the Employment Authorization Document (EAD) without joint travel authorization. They will then adjudicate Form I-131 Application for Travel Authorization separately.
If you have a US immigration matter that has been pending well beyond standard processing times, you have exhausted all available administrative remedies, and the US government still fails to act on your case, you may be able to find relief with a mandamus action. We discuss mandamus actions to address processing delays for US immigration matters here.
When applying for a visa the reviewing officer relies on all available evidence to make a determination of your qualifications for the visa. This includes any publicly available information on the internet, such as your LinkedIn profile or company website. Officers can and do rely on such information when making a final decision on a case. We discuss the implications of LinkedIn profiles and other publicly available information and their impact on a visa application here.
Certain foreign nationals inside the United States on non-immigrant visas are authorized to work because of their status, while others are only authorized to work for an identified employer. We discuss how to obtain a social security number (SSN) if you have valid work authorization either through employment or because of your status.
When you file a petition or application with US Citizenship and Immigration Services (USCIS), it is important to include the filing fees with an acceptable form of payment. If you submit a case to USCIS without payment or with an incorrect form of payment, your case will be rejected and returned. Also, if your credit card is declined, USCIS will reject your case. We discuss paying USCIS filing fees by credit card below.
When you file a petition or application with US Citizenship and Immigration Services (USCIS), it is important to include the filing fees with an acceptable form of payment. If you submit a case to USCIS without payment or with an incorrect form of payment, your case will be rejected and returned. Also, if your check is returned for insufficient funds, USCIS will reject your case. We discuss payment by check below.