News from the USCIS:

U.S. Citizenship and Immigration Services today announced that it will reuse previously submitted biometrics in order to process valid Form I-765, Application for Employment Authorization, extension requests due to the temporary closure of Application Support Centers (ASC) to the public in response to the coronavirus (COVID-19) pandemic. This announcement is consistent with existing USCIS authorities regarding the agency’s ability to reuse previously submitted biometrics.

Applicants who had an appointment scheduled with an ASC on or after the March 18 closure or has filed an I-765 extension will have their application processed using previously submitted biometrics.  This will remain in effect until ASCs are open for appointments to the public.

Over the years, I have suggested USCIS use fingerprints already in the system instead of having the same applicants come back to the ASC office.  Most applicants visit a ASC center THREE times!  When only one visit would serve the purpose.

In addition to being more convenient for the Applicant, think of the savings on the USCIS side!  They would be able to cut 2/3rds of the biometric appointments, 2/3rds of the notices sent by snail mail and 2/3rds of the headaches to overworked and under paid USCIS staff.

Speaking of USCIS staff, the ASC office in Revere, Massachusetts is managed by Mr. A.  As any immigration lawyer in New England can tell you, Mr. A. is a problem solver.  He answers when called and he helps when he can.  One of the many people working to make our immigration system work from the inside.

Wash your hands!  Be safe!

Message to Foley Law Offices Clients

We sent the message below to Foley Law Offices clients who have interviews scheduled with the U.S. Citizenship and Immigration Service. The bottom line is the USCIS is closed at least until April 1st.

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Dear Client:
I am writing to inform you that your upcoming interview with USCIS has been cancelled. USCIS has canceled all “in person” interviews, including naturalization ceremonies, until April 1st.

You do not have to do anything. USCIS will re-schedule all appointments when it is safe to resume interviews. We will put you on a 30-day calendar and continue to update you as we move forward together.

Foley Law Offices will remain open but most communication will be via email and telephone. If you have specific questions about your case, please email me ([email protected]) or if you would prefer to discuss your situation, call me at (617) 378-8540.

Copied below is the stakeholders email I received from USCIS announcing the shut down. Please use this down time to continue to collect evidence (ie: bank statements, photographs, etc.) of the bona-fides of your case.

Be safe! We will get though this together.

Thanks,

John
03182020

Foley Law Offices, P.C.
10 Post Office Square
Suite 800 South
Boston, MA 02109
Ph: (617) 850-9018
Cell: (617) 378-8540
[email protected]

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Dear Stakeholder,

Effective March 18, U.S. Citizenship and Immigration Services is suspending routine in-person services at its field offices, asylum offices, and Application Support Centers (ASCs) to help slow the spread of Coronavirus Disease 2019 (COVID-19). This suspension of public service will be in effect until at least April 1.

Educating yourself and practicing good hygiene are the strongest tools against infection. Get the latest facts by visiting the Centers for Disease Control and Prevention’s (CDC) COVID-19 website.

We will provide further updates as the situation develops and will continue to follow CDC guidance. Please visit uscis.gov/coronavirus and our office closure web page for updates.

Sincerely,
USCIS Contact Center

USCIS Offices Temporarily Closed to the Public

As of March 18, U.S. Citizenship and Immigration Services has suspended routine in-person services until at least April 1 to help slow the spread of Coronavirus Disease 2019 (COVID-19). USCIS staff will continue to perform duties that do not involve contact with the public. However, USCIS will provide emergency services for limited situations. To schedule an emergency appointment contact the USCIS Contact Center.

USCIS domestic field offices will send notices to applicants and petitioners with scheduled appointments and naturalization ceremonies impacted by this closure.

When USCIS again resumes normal operations, USCIS will automatically reschedule Application Support Center appointments due to the office closure. You will receive a new appointment letter in the mail.

USCIS Updates Process for Accepting Petitions for Relatives Abroad

Release Date: 

WASHINGTON — U.S. Citizenship and Immigration Services today announced that, as part of the adjustment of its international footprint to increase efficiencies, Form I-130, Petition for Alien Relative, will only be processed domestically by USCIS or internationally by the Department of State in certain circumstances beginning Feb 1, 2020.

Diversity Visa 2020 Program

Are you feeling lucky? The U.S. Government is now putting forward an immigration program which allows a class of 50,000 immigrants known as ‘diversity immigrants’ to be issued Legal Residency/Green Cards. Applicants selected for the program must meet simple but strict eligibility requirements. There is no cost to register for the DV-2020.

Unfortunately, not everyone can apply. DV-2020 is not open to immigrants from:

Bangladesh, Brazil, Canada, China (mainland born), Colombia, Dominican Republic, El Salvador, Haiti, Mexico, Nigeria, Pakistan, Peru, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories and Vietnam.

 

Eligibility:

Do not submit and entry unless you meet both of these requirements.

 

  1. Individuals born in countries whose natives qualify may be eligible to enter.

 

  1. Each DV applicant must have:
  • A high school education or equivalent. This is defined as successful completion of a 12 year course of formal elementary and secondary education.

OR

  • Two years of work experience within the past five years in an occupation that requires at least two years of training or experience to perform.

 

You must also provide the following information in order to complete your entry:

  • Your name – exactly as it appears on your passport.
  • Gender – male or female.
  • Birth date – day, month, year.
  • City where you were born.
  • Country where you were born.
  • Country of eligibility for the DV program.
  • Entrant photographs. (Recent photographs taken within the last six months of yourself, your spouse and children, etc).
  • Mailing address.
  • Country where you live today.
  • Phone number.
  • Email address.
  • Highest level of education you have achieved.
  • Current marital status and your spouses information.
  • Number of children and their information.

 

Entry Period:

Entries are being accepted until 12pm on Tuesday, November 6, 2018. No late entries or paper entries are accepted and the law only allows for one entry per person.

 

Completing your Electronic Entry:

To Apply – Go to dvlottery.state.gov. Your entry must be complete in full. Complete your entry yourself, avoiding secondary or professional help.

It is extremely important that you retain your confirmation page and your unique confirmation number once your entry is completed. You can also check the status of your entry after applying when you return to dvlottery.state.gov.

 

Selected Applicants:

The Department of State will randomly select individuals by computer from among qualified entries. All DV-2020 entrants must go to the Entrant Status Check using the unique confirmation number saved from their DV-2020 online entry registration to find out whether their entry has been selected in the DV program. Entrant Status Check will be available on the E-DV website at dvlottery.state.gov beginning May 7, 2019 until September 30, 2020.

 

For more information on DV-2020 visit the link below:

https://travel.state.gov/content/dam/visas/Diversity-Visa/DV-Instructions-Translations/DV-2020-Instructions-Translations/DV-2020-Instructions-English.pdf

If you have any other questions regarding you eligibility, call our office at

(617) 850-9018.

 

Good Luck!

 

USCIS Changes Extension Process

There is news from the U.S. Citizenship and Immigration Service (USCIS) concerning the processing time for an I-751 to remove the conditions on conditional Legal Permanent Residents.

As of today, petitioners who file an I-751 Petition to Remove Conditions on Residence will receive a receipt notice that can be presented with their Permanent Resident/Green Card, as evidence of continued status for 18 months past the expiration date on their Permanent Resident/Green Card.

USCIS is making the change from 12 to 18 months because current processing times for the I-751 have increased over the past year.

Attorney John Foley said “this makes sense.  USCIS isn’t adjudicating I-751 petitions within the one year extension so this gives them more time.”

An I-751 petition is required in marriage cases where the couple has been married for less than two years when the immigrants status is adjusted.  Foley says “it’s still strange because the immigrant is going to prove his or her legal resident status by showing a soon to be or expired Legal Resident/Green card and an 18-month extension that is in the form of a letter.”

Foley says “even if the I-751 petition is not adjudicated during the extension period, the immigrant is still a Legal Resident and, if necessary, they can obtain an additional passport stamp as evidence of their legal status.”

Foley Law Offices also provides letters to clients traveling internationally during the extension period as well as letters to employers concerned about an employee’s legal status.

If you have questions concerning your I-751 petition or any immigration matter, call Foley Law Offices at (617) 973-6448 for a free telephone consultation with an immigration attorney.

Production Problems at USCIS

Beginning today, the U.S. Citizenship and Immigration Service (“USCIS”) will begin recalling approximately eight thousand five hundred Permanent Resident Cards (also known as Green Cards) due to production error. The Green Cards were for approved Form I-751, Petition to Remove Conditions of Residence for spouses of U.S. citizens. The cards were printed with an incorrect “Resident Since” date and mailed between February and April 2018.

USCIS will send notices to individuals who received the incorrect Green Cards and to their attorneys of record. The affected individuals should return their incorrect Green Card to USCIS in the provided pre-paid envelope within 20 days of receiving the notice. They may also return their cards to USCIS field offices. USCIS will send replacement Green Cards within fifteen (15) days of receiving the incorrect card.

The recall does not affect these Green Card holders’ status as lawful permanent residents. If affected individuals need to travel internationally or prove their lawful permanent residence while they wait for a replacement card. they may contact the USCIS Contact Center at 800-375-5283 to determine if they need additional proof.

Spouses of U.S, citizens map apply for naturalization after three years of permanent residency and must meet other requirements. The incorrect date on these cards could lead applicants to wait longer than necessary to apply to become U.S. citizens.

Foley Law Offices is checking Green Cards received between February and April to see if any of our clients need to take action. If you have any questions about your Green Card, please call us at (617) 973-6448 for a free telephone consultation.

USCIS Recommends Termination of Haiti’s TPS Designation

Acting Director, James W. McCament, recently issued a memo to the U.S. Department of Homeland Security (DHS) recommending that the designation for Temporary Protected Status (TPS) for Haiti be terminated. The U.S. Citizenship and Immigration Services (USCIS) has determined that the conditions in Haiti no longer support the TPS designation. Currently TPS for Haitians is extended through July 22, 2017. USCIS has recommended that the effective date of termination be delayed until January 22, 2018. This would provide all Haitians holding TPS an additional six (6) months to plan accordingly either through a visa or return to Haiti. There has not been any comment by the U.S. Department of State (USDOS) as of today.

To end Haiti’s TPS designation, DHS must make public notice in the Federal Register at least sixty (60) days in advance of the expiration date of the current designation. If a decision is not made by May 23, 2017, Haiti’s designation will be extended for a minimum of six (6) months.

Our office will continue to monitor this situation and provide any updates as soon as they become available. If you are on TPS status for Haiti, you should contact our office immediately to determine if you have any avenues of relief.

 

 

 

THE DIVERSITY VISA LOTTERY CLOSES MONDAY!

On Monday, November 7, 2016 at 12 pm EST the Diversity Visa Lottery will be closing for the fiscal year of 2018. Our office urges you to apply this weekend. This your last chance if you are not eligible for permanent residency through a family member or employment. Late entries or paper applications will not be accepted. DO NOT wait until last minute to submit the application as high demand may result in website delays. For more information, please review our original post.

Should you have any questions about the diversity visa process, contact Attorney Nicole Fink at [email protected]

The Diversity Lottery Closes in 24 Days! Apply Now!!

 

The 2018 Diversity Lottery will close on Monday, November 7th.  There are many scams out there who might try to charge you money to help you apply, promise to increase your chance of being picked or send you a message saying you won and ask for money. Remember, there is NO COST to register. You will need to submit an application electronically. (Late entries or paper applications will not be accepted). DO NOT wait until last minute to submit the application as high demand may result in website delays. For more information about the lottery and eligibility requirements, please review our previous posting.

It is important to note that individuals who currently hold a status that requires nonimmigrant intent (i.e. F-1, J-1, B-1/2) should contact an immigration attorney before submitting an application in order to assess any possible consequences to their current nonimmigrant status.

Should you have any questions about the diversity visa process, contact Attorney Nicole Fink at (617) 973-6448.