Is it easier to get a green card as a person of extraordinary ability given changes in United States Citizenship and Immigration Services (“USCIS”) policy announced on October 2, 2024? The short but lawyerly answer is maybe. What is certain is that the new updates to the USCIS Policy Manual provided clarifications on the types of evidence that may be used to demonstrate eligibility for the extraordinary ability (E11) classification under the EB-1 immigrant visa. The EB-1 visa, specifically the E11 category, is an immigration pathway for individuals with extraordinary ability in the arts, sciences, education, business, or athletics. To qualify, applicants must demonstrate that they have reached the top of their field, with sustained national or international acclaim.
Read moreDiversity Visa Lottery for Fiscal Year 2026 (DV-2026)
It’s that time of year again! The Diversity Visa Lottery for fiscal year 2026 (“DV-2026”) is live and has begun accepting registrations effective Wednesday, October 2, 2024, at 12:00 noon (EDT). The registration period for the DV Lottery, as it’s commonly referred to, concludes on Tuesday, November 5, 2024 at 12:00 noon (EST). Entries are only accepted electronically--paper entries through the US Postal Service will not be accepted. Keep in mind that the “law allows only one entry per person during each registration period.” Submitting multiple applications will result in disqualification, not better odds, and, yes, “the Department of State uses sophisticated technology to detect multiple entries.” It is recommended that foreign nationals not wait until the end of the period to apply as heavy demand could cause delays on the website.
Read moreGreen Card :: Evidence of Adequate Means of Financial Support
Biden Unveils Relief Program for Undocumented Spouses and Children of US Citizens and Dreamers
On June 18, 2024, President Biden formally announced an immigration program that will afford legal status and a pathway to citizenship to undocumented spouses and children of US citizens who have been living in the US for at least ten years as well as ease the transition to employment-based nonimmigrant status for Dreamers with a US degree and a job offer.
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Diversity Visa Lottery for Fiscal Year 2025 (DV-2025)
It’s that time of year again, The Diversity Visa Lottery for fiscal year 2025 (“DV-2025”) will begin accepting registrations at 12 noon EDT October 4, 2023. The registration period for the DV-2025 will conclude on Tuesday, November 7, 2023 at 12:00 noon (EST). It is recommended that foreign nationals not wait until the end of the period to apply as heavy demand could cause delays on the website. Entries are only accepted electronically, and not through the US Postal Service. Keep in mind that “law allows only one entry per person during each registration period” so submitting multiple applications will result in disqualification, not better odds, and yes, “the Department of State uses sophisticated technology to detect multiple entries.”
Read moreUSCIS Announces New Mail Delivery Process for Receiving ADIT Stamp
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 Expands Child Age-Out Calculation Under the Child Status Protection Act
United States Citizenship and Immigration Service (“USCIS”) has updated its guidance on how to calculate the age of a child applying for adjustment of status under the Child Status Protection Act (“CSPA”). Under the new policy, USCIS will use the State Department’s monthly Visa Bulletin “Dates for Filing” chart, as opposed to the “Final Action Date” chart in order to protect child adjustment of status applicants who risk aging out of availability to obtain a green card as derivative beneficiaries of their parents’ immigrant petitions, upon reaching age twenty-one.
Read moreUSCIS Implements Final Phase of Premium Processing Service Expansion, Including Option for New Petitions
United States Citizenship and Immigration Services (“USCIS”) announced it is implementing the final phase of its expansion of premium processing for Forms I-140, Immigrant Petition for Alien Workers, in the EB-1 Multinational Executive and Manager and EB-2 National Interest Waiver (NIW) categories. This final phase is set to commence on January 30, 2023.
Read moreUSCIS Updates Policy to Automatically Extend Green Cards for Naturalization Applicants
As of December 12, 2022, United States Citizenship and Immigration Services (“USCIS”) has updated its policy manual to provide twenty four month automatic extensions to Green Card expirations to Lawful Permanent Residents (“LPRs”) applying for naturalization when they properly file an N-400, Application for Naturalization. The automatic extension applies to those LPRs filing N-400s on or after the 12th of December 2022.
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