United States Citizenship and Immigration Services (“USCIS”) has announced that US lawful permanent residents (“LPRs”) who find themselves without a valid Green Card in their possession to demonstrate their current LPR status may now receive temporary evidence of their status by mail, rather than having to physically visit a field office to receive an Alien Documentation, Identification and Telecommunication (“ADIT”) stamp, which is also known as an I-551 stamp.
Read moreUSCIS Opens New Lockbox Facility
US Citizenship and Immigration Services (“USCIS”) opened a new lockbox facility in Elgin, Illinois to expand its lockbox capability. On February 1, 2022, Elgin was added as a filing location for residents of certain states filing Form I-751, Petition to Remove Conditions on Residence. The agency plans to move additional filings to the Elgin lockbox in the coming weeks, including Form N-400, Application for Naturalization, and Form I-130, Petition for Alien Relative. The transition is expected to be completed by late summer of this year. Additionally, in the fall of 2022, USCIS is planning to move the lockbox facility in Arizona from Phoenix to Tempe.
Read moreUSCIS Adjusts Fees Effective October 2, 2020
The Department of Homeland Security (DHS) announced a final rule that adjusts US Citizenship & Immigration Services (USCIS) fees by a weighted average increase of twenty percent. The updated fees are effective October 2, 2020, and any application, petition, or request postmarked on or after this date must include payment of the new, correct fee. Since these fees fund nearly ninety-seven percent of USCIS’ budget, the agency claims the weighted increase is necessary to avoid a budget shortfall of an estimated $1 billion per year. “USCIS is required to examine incoming and outgoing expenditures and make adjustments based on that analysis,” Joseph Edlow, USCIS deputy director for policy, said. “These overdue adjustments in fees are necessary to efficiently and fairly administer our nation’s lawful immigration system, secure the homeland and protect Americans.”
Read moreUSCIS Proposes to Dramatically Increase Filing Fees
US Citizenship & Immigration Services (USCIS) announced earlier this month a proposed rule to adjust the fee schedule by a weighted average increase of twenty-one percent. In making the announcement, USCIS noted that unlike most government agencies, USCIS is fee-funded and claims the current fees if left unchanged would underfund the agency by approximately $1.3 billion per year. “USCIS is required to examine incoming and outgoing expenditures, just like a business, and make adjustments based on that analysis,” Ken Cuccinelli, acting director of USCIS, said in a statement. “This proposed adjustment in fees would ensure more applicants cover the true cost of their applications and minimizes subsidies from an already over-extended system.”
Read moreCNN: “ Supreme Court narrows grounds for revoking citizenship of naturalized citizens”
The Supreme Court last week issued a ruling narrowing the grounds on which naturalized citizens can have their citizenship revoked. The case involved Divna Maslenjak, an ethnic Serb who arrived in the US in 2000 as a refugee and was granted citizenship and later naturalized; however, in 2013, a jury found her guilty of making false statements on her naturalization application. She was subsequently stripped of citizenship.
Read moreUSCIS Proposes to Raise Fees on I-129, I-140, I-90 and Other Applications by an Average of 21 percent This Summer
US Citizenship & Immigration Services (USCIS) proposed earlier this month to raise certain fees for petitions and applications, and is currently accepting comments for the required sixty-day comment period. USCIS conducts biennial fee reviews, and the latest review indicated that a twenty-one percent average fee increase is necessary to recover operating costs and to maintain “adequate service.” As the money obtained from USCIS filing fees accounted for ninety-four percent of the USCIS budget last fiscal year with the remaining funding coming from other fee accounts and a small Congressional appropriation fund, USCIS estimates a shortfall of $560 million if fees are not raised.
USCIS has “authority to set its IEFA fees at a level that recovers the full cost of providing adjudication and naturalization services. This includes the cost of providing services to asylum applicants or other immigrants without charge and any additional costs associated with the administration of the fees collected.” USCIS last adjusted its fees in November 2010. Some notable fee increases include:
I-129
Currently set at $325, USCIS is proposing to raise the fee for this form, used for such common non-immigrant visa petitions as H-1Bs, L-1s, and O-1s, among others, by over one hundred dollars to $460.
I-140
USCIS wants to raise the fee for this immigrant petition from $580 to $700.
I-90
This application to replace the permanent resident (Green Card) card will go from $365 to $455.
N-400
USCIS proposes to establish a three-level fee tier for this Application for Naturalization, which is very popular these days as people prepare for voting in the upcoming election. First, USCIS wants to increase the standard fee from $595 to $640. Second, DHS would "charge no fee to an applicant who meets the requirements of sections 328 or 329 of the Immigration and Nationality Act of 1952 (INA) with respect to military service and applicants with approved fee waivers." Third, USCIS would charge a reduced fee of $320 for "applicants with family income greater than 150 percent and not more than 200 percent of the Federal Poverty Guidelines."
Form I-924A for EB-5 Investor Visa
Rather than a fee increase, USCIS wants to establish a new fee of $3,035 to recover the full cost of processing this form. While approved EB-5 Regional Centers are required to file Form I-924A annually, there is currently no filing fee and as a result, USCIS does not fully recover the processing costs associated with such filings.
What Will Customers Get in Return for These Fee Increases?
The last time USCIS raised fees, they committed to certain goals and performance improvements toward “increasing accountability, providing better customer service, and increasing efficiency.” USCIS claims some improvements since that time but acknowledges that the “agency has experienced elevated processing times” which have led to backlogs; however, they believe that the fee increases this year would increase “resources to fund the personnel needed to improve case processing, reduce backlogs, and achieve processing times that are in line with the commitments in the FY 2007 Fee Rule, which USCIS is still committed to achieving.”
"When USCIS increases filing fees, our hope is that they will use the increased revenue to improve efficiency and reduce processing times," Justin Storch with the Council for Global Immigration tells the Latin Post, reflecting sentiments shared by many immigration practitioners. Public comments for the fees increase are scheduled to close July 5.
A New N-400
When US Citizenship and Immigration Services (USCIS) makes changes to an application form, usually they are minor--a few new questions, an added bar code, a new font. Not so with the new N-400, Application for Naturalization. This form, filed by foreign nationals who are Lawful Permanent Residents (i.e., have Green Cards) and want to become US citizens, has just had a major overhaul, though the eligibility requirements to apply haven’t changed. USCIS states that the revisions “provide USCIS with additional tools to make important eligibility determinations, present customers with clearer instructions, and incorporate technology that improves efficiency and accuracy for both USCIS and our customers.”
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