Starting Aug. 19, 2024, you may file Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens, online with the applicable filing fee. There is no fee waiver available for Form I-131F.

Each requestor, including noncitizen stepchildren, must file a separate Form I-131F requesting parole in place, and each requestor must have their own USCIS online account. A parent or legal guardian may create an online account for their minor child if the purpose is to submit a form on behalf of the minor. If a parent or legal guardian is not available, a primary caregiver or legal assistance provider may also help a child create their own USCIS online account. Information on creating a USCIS online account is available on the How to Create a USCIS Online Account page.

UPDATE effective 08/26/2024:

Administrative Stay of Keeping Families Together - as of August 26, 2024, temporarily can't file a I-131F, application for Parole In Place.

On Aug. 26, 2024, the United States District Court for the Eastern District of Texas, in Texas v. Department of Homeland Security, issued an administrative stay, preventing the Department of Homeland Security (DHS) from granting parole in place under Keeping Families Together for 14 days.

To comply with the district court’s administrative stay, USCIS will, until further notice:

Not grant any pending parole in place requests under Keeping Families Together.

Continue to accept filings of Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens.

Continue to schedule biometric appointments and capture biometrics at Application Support Centers (ASCs).

The district court’s administrative stay order does not affect any applications that were approved before the administrative stay order was issued at 6:46 p.m. Eastern Time on Aug. 26, 2024. Individuals granted parole in place under this process before the administrative stay order was issued may still file for any other immigration benefit for which they may be eligible, including employment authorization and adjustment of status to that of a lawful permanent resident.

Please note: You can only apply for employment authorization after your Form I-131F is approved. If you file your Form I-765, Application for Employment Authorization, before USCIS approves your Form I-131F request under this process, USCIS will reject or deny your Form I-765.

Biometric Appointments
USCIS continues to schedule biometric appointments consistent with the administrative stay order issued by the district court on Aug. 26, 2024. All individuals with biometric appointments should plan to appear at their appointment at the scheduled date, time, and ASC indicated on their notice. Individuals should not arrive on a different date, unless they have rescheduled their appointments. Individuals who were turned away at an ASC will have their appointment rescheduled by USCIS.

As a reminder, individuals must print their biometric appointment notice and bring it with them to their appointment. In addition, if individuals are unable to attend the appointment, they can reschedule using the online rescheduling request process, as long as rescheduling takes place before the initial appointment expires. For more information, see the Preparing for Your Biometric Services Appointment page.



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Who is eligible to apply for Parole in Place under this new program?

Q. What are the eligibility criteria for Keeping Families Together?
A. To be considered for this process as a noncitizen spouse of a U.S. citizen, you must:

• Be present in the United States without admission or parole;
• Have been continuously physically present in the United States since at least June 17, 2014, through the date of filing your request;
• Have a legally valid marriage to a U.S. citizen on or before June 17, 2024;
• Have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security; and
• Submit biometrics and undergo required background checks and national security and public safety vetting.

To be considered for this process as a noncitizen stepchild of a U.S. citizen, you must:

• Have been under the age of 21 and unmarried on June 17, 2024;
• Be present in the United States without admission or parole;
• Have been continuously physically present in the United States since at least June 17, 2024, through the date of filing your request;
• Have a noncitizen parent who entered into a legally valid marriage with a U.S. citizen on or before June 17, 2024, and before your 18th birthday;
• Have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security*; and
• Submit biometrics and undergo required background checks and national security and public safety vetting.

*NOTE: Consistent with the Sept. 30, 2021, Guidelines for the Enforcement of Civil Immigration Law (PDF), a noncitizen who poses a threat to border security will be generally disqualified from receiving parole in place pursuant to this process. However, there is an exception for stepchildren who entered the United States unlawfully after Nov. 1, 2020, and who otherwise meet the criteria for parole in place under this process.
All such requests for parole in place are considered on a case-by-case basis for urgent humanitarian reasons or a significant public benefit, in the exercise of discretion, taking into account the totality of the circumstances of each individual request.


Application for Parole in Place must be filed only ONLINE using a new online form I-131F.
Application fee is $580 per person.
Approval is not guaranteed because it is a discretionary and decided on a case-by-case basis.
If approved, will be granted parole under 212(d)(5) for 3 years.
Under section 212(d)(5)(A) of the Immigration and Nationality Act (INA) to allow certain noncitizen “applicants for admission” to be present in the United States on a temporary, case-by-case basis for urgent humanitarian reasons or a significant public benefit.
If approved, can apply for adjustment of status (aka Green Card) if eligible.
If approved, can apply for a work permit under c(11).

Applying for Employment Authorization

After you are granted parole in place under Keeping Families Together, you may apply for discretionary employment authorization from USCIS. To apply for an Employment Authorization Document (EAD) as a parolee, you must submit Form I-765, Application for Employment Authorization, using the (c)(11) category code with either the required fee or a fee waiver request.
To file Form I-765 online, eligible applicants will access their USCIS online account at my.uscis.gov.

Leaving the United States
A grant of parole in place through Keeping Families Together does not authorize parole back into the United States if you decide to depart. If you depart the United States after being granted parole in place, your period of parole will automatically terminate. If you depart the United States without first obtaining an Advance Parole Document, you run a significant risk of not being able to return to the United States and you may also be ineligible for future immigration benefits.
CAUTION: Travel outside of the United States, even with advance parole, may have severe immigration-related consequences, including with respect to potential inadmissibility or execution of an outstanding order of removal. Parole into the United States is not guaranteed even if you have been granted advance parole prior to leaving the country. You are still subject to immigration inspection at a U.S. port of entry to determine whether you may be paroled into the United States and whether you are eligible for the immigration status you seek. For further information, see our Travel Documents page. Consultation with a qualified attorney or accredited representative is strongly advised prior to any travel outside of the United States.
Subsequent Filing of Form I-130 or Form I-360 Petition
A grant of parole in place does not establish eligibility for future immigration benefits, including an immigrant petition or lawful permanent resident status. To establish eligibility for lawful permanent resident status, the petitioning U.S. citizen spouse or parent of a parolee must file Form I-130, Petition for Alien Relative, or in the case of certain widow(er)s and their children, parolees must file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.
USCIS will determine eligibility for those petitions in a separate adjudication. For purposes of Form I-130 based on marriage, you must demonstrate that you entered into a bona fide marriage with the beneficiary, and for a Form I-130 for a stepchild, you must demonstrate a bona fide stepparent-stepchild relationship.
There are additional requirements for Form I-360 for certain widow(er)s and their children, including filing deadlines, residence requirements, and marital status requirements. A stepchild may remain eligible for an immigrant petition despite their parent’s marriage to a U.S. citizen being terminated through death of either parent or divorce, so long as a bona fide stepparent-stepchild relationship continues to exist following the death or divorce.
Subsequent Filing of Form I-485
A grant of parole in place does not by itself establish eligibility for adjustment of status to lawful permanent resident under INA section 245(a). A grant of parole in place satisfies the requirement under INA section 245(a) that the applicant has been inspected and paroled by an immigration officer.
However, it does not satisfy any other requirements for adjustment of status, including the requirement to have an approved immigrant petition with a visa immediately available and establishing that the noncitizen is not inadmissible under any applicable ground in INA section 212(a), 8 U.S.C. 1182(a).
If granted parole in place, the noncitizen would need a qualifying family member to file Form I-130 on their behalf, or file Form I-360 on their own behalf (if not previously filed; see above). The noncitizen would also need to file Form I-485, Application to Register Permanent Residence or Adjust Status, and possibly Form I-601, Application for Waiver of Grounds of Inadmissibility, if needed.

С сегодняшнего дня 19 августа 2024 открылась программа, о которой было объявлено в июне. Подача заявления на пароль возможна только онлайн: форма I-131F и госпошлина 580 на человека. Это не заявление на грин карту, а заявление на тип гуманитарного пароля для тех, кто въехал в США без визы. Если пароль утвердят, затем можно будет подавать на разрешение на работу и на грин карту.

Form I-131F guide is here.

Form I-131F.

Additional information.

Hope you find this information helpful!

If you need help, please email to schedule a consultation or use our online scheduler.

A very important update for people preparing to apply for VAWA, Form I-360, and/or file a concurrent adjustment of status application, Form I-485.
​
Starting February 10, 2023, self-petitioning abused spouses, children, and parents must file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, and Form I-485, Application to Register Permanent Residence or Adjust Status, at the Nebraska Service Center instead of the Vermont Service Center.
​
If you are a Self-Petitioning Abused Spouse, Child, or Parent filing:
Then mail your petition/application to:

Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant:

Nebraska Service Center
U.S. Postal Service (USPS):
USCIS
P.O. Box 87426
Lincoln, NE 68501-7526
FedEx, UPS, and DHL deliveries:
USCIS
Attn: 360 VAWA
850 S St.
Lincoln, NE 68508-1225

Form I-485, Application to Register Permanent Residence or Adjust Status:

Nebraska Service Center
U.S. Postal Service (USPS):
USCIS
P.O. Box 87426
Lincoln, NE 68501-7526

​FedEx, UPS, and DHL deliveries:
USCIS
Attn: 485U VAWA
850 S St.
Lincoln, NE 68508-1225


USCIS updated the addresses on the Direct Filing Addresses for Form I-360, Immigrant Petition for Amerasian, Widow(er) or Special Immigrant, page and the Direct Filing Addresses for Form I-485, Application to Register Permanent Residence or Adjust Status, page.

USCIS will allow a 30-day grace period for petitioners to file Form I-360 and Form I-485 at the Vermont Service Center. Items must be postmarked on or before March 12, 2023. USCIS will reject and return any application, secure identity documents, and other correspondence to the safe address, preferred address or the address of the Attorney or Accredited Representative if any listed on an accompanying Form G-28.

Briefly in Russian:

Очень важная перемена - начиная с 10 февраля 2023 все петиции ВАВА для жертв домашнего насилия и грин карты по этой категории будут подаваться на в Вермонт, а в Небраску!

Если вам нужна помощь - пожалуйста обращайтесь!

​Контактный емейл адрес нашего офиса в Небраске. Мы занимаемся петициями ВАВА с 2005 года.

On December 23, 2022, USCIS released a new edition of Form I-485, Application to Register Permanent Residence or Adjust Status (aka Application for a Green Card), because a new public charge ground of inadmissibility rule went into effect on December 23, 2022.

USCIS advised that any I-485 application filed on or after December 23, 2022, must use the new version of Form I-485. Failure to do so will result in the USCIS rejecting the filing.

While a new Form I-485 is required, the form I-864, Affidavit of Support remains the same.

On December 19, 2022, USCIS issued a follow-up Policy Alert regarding implementing the new public charge rule visa changes to the USCIS Policy Manual and provided a resources page for reference.

On September 8, 2022, the U.S. Department of Homeland Security (DHS) issued a new final rule to be published in the Federal Register on September 9, 2022, addressing the public charge ground of inadmissibility found at INA §212(a)(4). The final rule came into effect on December 23, 2022. The final rule announcement also noted that USCIS would issue a revised Form I-485.

The public charge ground of inadmissibility is found at §212 of the Immigration and Nationality Act, as amended (INA). INA §212 provides several grounds for a noncitizen being considered “inadmissible” to the United States. The public charge ground of inadmissibility applies to applicants for visas, admission, and adjustment of status, unless the noncitizen is exempt. 

INA §212(a)(4)(A) states that a noncitizen “likely at any time to become a public charge is inadmissible.” INA §212(a)(4)(B) states that, at a minimum, adjudicators should consider the applicant’s “age, health, family status, assets, resources, and financial status; and education and skills” when determining whether a noncitizen is likely to become a public charge. Additionally, an adjudicator “may also consider any affidavit of support” under INA §213(a) when applicable, noting that in cases where an affidavit of support is required, a noncitizen’s failure to provide a sufficient affidavit of support from the petitioner and any additional sponsor(s) makes the noncitizen inadmissible regardless of other factors.

For decades, USCIS interpreted the meaning of “likely to become a public charge” based on a 1999 Interim Field Guidance release. Under this guidance, a noncitizen would be considered likely to become a public charge if DHS determined that they were likely to become primarily dependent on the government for subsistence. For example, it would apply if the individual was likely to become dependent on direct cash assistance, like Supplemental Security Income (SSI) or Temporary Assistance for Needy Families (TANF), or to individuals who rely on Medicaid-financed “long-term institutionalization,” such as a nursing or psychiatric facility. A 2019 rule put into effect by the Trump Administration sought to change this longstanding guidance, which significantly expanded the policy to include anyone who used a broader array of public benefits for more than 12 cumulative months over any 36 months. The courts held up the 2019 rule, but the Biden Administration ultimately rescinded it. The “new” 2022 public charge rule essentially restores the status quo.

Under the new rule, “likely at any time to become a public charge” means likely at any time to become primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or long-term institutionalization at government expense. According to the preamble to the final rule, primarily dependent “connotes significant reliance on the government for support, and means something more than dependence that is merely transient or supplementary.”

For purposes of a public charge inadmissibility determination, “public cash assistance for income maintenance” means:

Supplemental Security Income (SSI);
Cash assistance for income maintenance under the Temporary Assistance for Needy Families (TANF) program; or
State, tribal, territorial, or local cash benefit programs for income maintenance, commonly called “General Assistance.”.

For a public charge inadmissibility determination, “long-term institutionalization at government expense” means government assistance for long-term institutionalization (in the case of Medicaid, limited to institutional services under section 1905(a) of the Social Security Act) received by a beneficiary, including in a nursing facility or mental health institution. Long-term institutionalization at government expense is the only category of Medicaid-funded services (limited to institutional services under section 1905(a) of the Social Security Act) considered in a public charge inadmissibility determination.

USCIS Adjudicators, using a totality of the circumstances test, will consider the statutory minimum factors, an affidavit of support when required, and the additional factor of current and/or past receipt of public benefits. However, this additional factor is limited to the applicant’s receipt of public cash assistance for income maintenance or long-term institutionalization at government expense, with several exemptions, such as the Supplemental Nutrition Assistance Program (SNAP).

Importantly, any USCIS denial under the public charge inadmissibility ground must be in writing, “reflect consideration of each of the factors outlined (under the rule), and specifically articulate the reasons for the officer’s determination.”

Unless specifically exempted, all applicants for adjustment of status, including those applying through family-based petitions, employment-based petitions, and diversity applications, are subject to the public charge ground of admissibility. The appendices to Part G of Volume 8 of the USCIS Policy Manual provide helpful charts and guidance regarding when an affidavit of support is necessary.

The vast majority of both employment-based and family-based petitions are subject to the public charge ground of inadmissibility. In the employment-based categories, noncitizens are generally subject unless the applicant is adjusting based on an employment-based petition where the petition is filed by either a qualifying relative, or an entity in which such relative has a significant ownership interest (5 percent or more).

The applicant must also qualify for a category exempted under INA §212(a)(4)(E) (T nonimmigrants, U nonimmigrants, and VAWA self-petitioners, for example) at both the time of filing and adjudication of Form I-485. The applicant is not subject to INA 212(a)(4) (but is still required to file Form I-864).  A qualifying relative means a husband, wife, father, mother, child, adult son, adult daughter, brother, or sister. 

Even where exempt, some noncitizens applying to adjust status may still be required to submit an Affidavits of Support under Section 213A of the INA. This includes noncitizens whose employment-based petition was filed by a relative or by an entity in which the noncitizen’s relative has a significant ownership interest.

The public charge ground of inadmissibility does not apply to certain applicants for visas, admission, and adjustment of status applicants based on statutory or regulatory authority. For example:

Asylees and refugees
Applicants adjusting under the Cuban Adjustment Act
Special immigrant juveniles
Applicants seeking Temporary Protected Status (TPS),
Victims of human trafficking (T nonimmigrants),
Victims of qualifying criminal activity (U nonimmigrants),
Certain ambassadors and diplomats.

The new 12/23/22 edition of the I-485 Form includes a series of new questions in Part 8:

Q 61.  Are you subject to the public charge ground of inadmissibility under INA section 212(a)(4)? This question is challenging for any applicant. USCIS includes appendices to Volume 8, Part G of its Policy Manual regarding the interpretation of this question for employment-based, family-based, special immigrant, refugee, asylee, parolee, and other adjustment applicants. 

Q 62. What is the size of your household? According to the I-485 Form Instructions, the following individuals should be included in your household size:

You;
Your spouse, if physically residing with you;
Your parents, if physically residing with you;
Your unmarried siblings under 21 years of age, if physically residing with you;
Your children as defined in INA 101(b)(1), if physically residing with you;
Any other individuals (including a spouse or child not physically residing with you) who are listed as dependents on your federal income tax return; and
Any other individuals who list you as a dependent on their federal income tax return.

Q 63. Indicate your annual household income.

Applicants are instructed to check an income range based on the household’s total income. According to the I-485 Form Instructions, you may include income provided to your household from sources who are not members of your household, including but not limited to alimony or child support. You must exclude any income from Supplemental Security Income (SSI); Temporary Assistance for Needy Families (TANF); State, Tribal, territorial, or local cash benefit programs for income maintenance (often called “General Assistance” in the State context, but which also exist under other names)..

Q 64. Identify the total value of your assets. Applicants are instructed to check the appropriate box for the total value of household assets. When considering the applicant’s financial status, USCIS also considers the noncitizen’s household’s assets and resources, for example, investments or home equity, excluding any assets from illegal activities or sources, such as proceeds from illegal gambling or drug sales.

Q 65. Identify the total value of your household liabilities (such as loans, alimony, and child support payments.). Applicants are instructed to check the appropriate box for the total value of household liabilities. See explanation above.

Q 66. What is the highest degree or level of school you have completed? 

Q 67. List your certifications, licenses, skills obtained through work experience, and educational certificates. According to the I-485 Form Instructions, applicants are to list all of your certifications, licenses, skills obtained through work experience, and educational certificates. This includes but is not limited to workforce skills, training, licenses for specific occupations or professions, foreign language skills, and certificates documenting mastery or apprenticeships in skilled trades or professions. Educational certificates are issued by an educational institution (or a training provider) and certify that an occupation specific program of study was completed.

Q 68.a. Have you ever received Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), or State, Tribal, territorial, or local, cash benefit programs for income maintenance (often called “General Assistance” in the State context, but which also exist under different names)?

Q 68.b. Have you ever received long-term institutionalization at government expense?

Q 68.c. If you answer to Item Number 68.a. is “Yes,” list the benefit(s) you received, the start and end dates of each period of receipt, and the dollar amount of benefits received.

Q 68.d.      If your answer to 68.b. is “Yes,” list the name, city, and state for each institution, the start and end dates of each period of institutionalization, and the reason you were institutionalized.

Questions 68.a. – 68.d. are only asking about public benefits (in other words, public cash assistance for income maintenance and long-term institutionalization at government expense) you received in the past or are currently receiving at the time the Form I-485 is filed, and where you were/are a listed beneficiary.

Exceptions: Do not include any public benefits for which you are not listed as a beneficiary, even if you assisted with the application. Do not include benefits that you only applied for, or were approved to receive in the future but have not received in the past and/or are not currently receiving. Do not include public benefits you received only on behalf of another individual.

USCIS explained that public assistance for COVID-19 testing, vaccinations, or treatment is not considered in evaluating the public charge. Nor does USCIS consider public assistance in other forms if related explicitly to COVID-19, such as food, housing, cash assistance, rental assistance, tax credits, stimulus payments, unemployment, and financial aid grants to students, the Paycheck Protection Program, and student loan forbearance.

New public charge section of the adjustment application Form I485 added a lot of new questions. In addition, applicants not only swear that all information on the application is correct but also that all information provided with the application is complete, true, and correct.

USCIS may reject or deny an adjustment application for failure to submit requested evidence or supporting documents as stated in the instructions to Form I-485 and as stated in 8 CFR §103.2(b)(1).

Currently, the USCIS Policy Guidance states that noncitizens are not required to submit any specific evidence relating to their household’s income, assets, and liabilities; however, USCIS may request additional evidence on a case-by-case basis if more information is needed to make a public charge inadmissibility determination. The new I-485 changes made it more difficult for applicants to complete forms I-485 by themselves.

Resources:

- New form I485 https://www.uscis.gov/i-485 
- See 8 CFR §212.21(b). USCIS does not consider benefits that are not referenced above when making a public charge inadmissibility determination. See 8 CFR §212.22(a)(3).
- See 8 CFR §212.21(c)
- 8 CFR §213a.1.
- USCIS Policy Manual: https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge/public-charge-resources
and here:
https://www.uscis.gov/policy-manual/volume-8-part-g

UPDATE 09-29-2022:

U.S. Citizenship and Immigration Services is extending a temporary waiver of the requirement that civil surgeons must sign Form I-693, Report of Medical Examination and Vaccination Record, no more than 60 days before an individual applies for the underlying immigration benefit (including Form I-485, Application to Register Permanent Residence or Adjust Status).

The waiver was originally effective until Sept. 30, 2022, but was extended it to March 31, 2023, to ease processing delays and associated difficulties in timely completing the immigration medical examination.

This waiver applies to all Forms I-693 associated with applications for underlying immigration benefits that have not been adjudicated, regardless of when the application was submitted to USCIS or when a civil surgeon signed the Form I-693.
​
This waiver will help applicants who have been affected by the COVID-19 pandemic and related processing delays, which have sometimes delayed immigration medical examinations. It also will help many applicants, including Afghan nationals evacuated under Operation Allies Welcome, who completed immigration medical examinations but could not apply for adjustment of status within 60 days of a civil surgeon signing their Form I-693.
----------------------------------------------------

A reminder that a temporarily waiver of a 60-day signature rule for a medical exam, form I-693, ends on September 30, 2022.

It applies to those who are preparing to file the form I-485, Application for Adjustment of Status, and needs a medical examination, form I-693.

USCIS Temporarily Waiving 60-Day Rule for Civil Surgeon Signatures
​
U.S. Citizenship and Immigration Services is temporarily waiving the requirement that the civil surgeon sign Form I-693, Report of Medical Examination and Vaccination Record, no more than 60 days before an applicant files an application for the underlying immigration benefit (including Form I-485, Application to Register Permanent Residence or Adjust Status), until Sept. 30, 2022.  
This temporary waiver will help applicants who have been affected by the COVID-19 pandemic and related processing delays, which have sometimes caused delays in completing the immigration medical examination. Temporarily allowing applicants to submit their underlying application for an immigration benefit with a completed Form I-693, even if the civil surgeon signed more than 60 days prior, will allow individuals to complete the application process without the need to undergo another immigration medical examination if Form I-693 is otherwise valid.  
Read more here: 

Today, USCIS published a new edition of the form I-601, Application for Waiver of Grounds of Inadmissibility, dated 04/07/22.

Starting Sept. 30, 2022, USCIS will only accept the 04/07/22 edition. Until then, you can also use the 07/20/21 edition.

This form is to be used when a person was rendered inadmissible to the United States, and is applying for:
- an immigrant visa at the US embassy abroad;
- K-1 fiancée visa at the US embassy abroad;
- green card through adjustment of status in the USA;
- adjustment of status as T visa/status or Special Immigrant Juvenile;
- TPS Temporary Protected Status, for example, for Ukraine, Venezuela, Somalia, or any other of TPS-eligible countries.

The situations where it might be required are the 10-year or 3-year ban on admission, misrepresentation of fraud, vaccination waiver, prostitution, health, criminal, etc.

​The filing fee remains the same: US$930.00.

This is considered to be one of the most difficult applications because it requires a lot of evidence, specifically, showing of extreme hardship to a qualifying relative in the United States if the status/visa is not granted.

To schedule a consultation with immigration attorney, please email and we will forward to you our confidential questionnaire. 

Briefly in Russian:

Начиная с 22 сентября 2022 USCIS будет принимать только новое издание форма I-601, заявление на вейвер, которое требуется, если человека признали невъездным для получения иммиграционной визы, грин карты через adjustment of status, для статуса ТПС (например, для украинцев) и получения грин карты через визу Т (жертвы траффикинга) и другие категории.

Это одно из самых сложных заявлений, т.к. положительное решение не гарантировано и решение по усмотрению офицера иммиграционной службы. Доказательства требуют показать необычно сильные сложности hardship для американского родственника из определенной категории родных.

Госпошлина остается таже, а именно US$930. 

Для консультации с адвокатом, свяжитесь с нами по адресу.

​

Effective October 1, 2021, with few exceptions, those applying for permanent residence (green card) must be vaccinated against COVID-19. Covid-19 was classified by the CDC as a “Class A inadmissible condition”. The new vaccine requirements apply to foreign nationals applying for adjustment of status in the United States (filing Form I-485) when completing the I-693 medical examination with a designated USCIS civil surgeon. It also applies to foreign nationals applying for an immigrant visa or refugee status at a US consulate and undergoing a medical examination with a panel physician.

Regarding the I-485, the CDC  said that the applicant “must complete the COVID-19 vaccine series and provide documentation of vaccination to the civil surgeon in person before completion of the medical examination.” The COVID-19 vaccination requirement differs from previous requirements in that “the entire vaccine series (1 or 2 doses depending on formulation) must be completed in addition to the other routinely required vaccines. COVID-19 vaccinations can now be given at any time, without regard to the timing of other vaccinations.” Acceptable vaccines include Pfizer-BioNTech, Moderna, and Johnson & Johnson.
Panel physicians in countries outside the US may accept vaccines authorized for emergency use or approved by the US Food and Drug Administration  or vaccines listed for emergency use by the World Health Organization. In addition to the three vaccines used in the US, the WHO lists many other vaccines used outside the US such as AstraZeneca, Covishield and Covaxin, Sputnik, Sinopharm and Sinovac, among others. 
Waivers are available. Applicants may also apply for an individual waiver on religious or moral grounds.
Until now, even if a country was subject to a Covid ban, one applying for an immigrant visa is exempted from the ban.  
US citizens, permanent residents and noncitizens with US citizen or permanent resident children are exempted from the ban. So are those who can obtain national interest exception waivers on a variety of grounds. 
Applicants that do not qualify for an exemption or waiver to this policy and refuse one or more doses of a COVID-19 vaccine series will be deemed inadmissible to the United States and denied a green card.
Read more here.

​DV Lottery: What to do if you are selected as a winner in the DV or Green Card Lottery?

Selected entrants are encouraged to complete the online DS-260 application immediately to schedule an interview appointment at the appropriate U.S. Embassy or Consulate.

Please note: The Department of State will not mail notification letters or notify selectees by email. U.S. embassies and consulates will not provide a list of selectees. Entrant Status Check on the E-DV website is the ONLY means by which the Department of State notifies selectees of their selection.

If you receive notification through the Electronic Diversity Visa (E-DV) website that you have been selected for further processing in the Diversity Immigrant Visa (DV) Program, you must successfully complete the steps on the following pages before a consular interview can be scheduled to determine if you will receive a visa. You should complete these steps as soon as possible.

If you receive notification through the E-DV website that you have been selected for further processing in the DV Program, and you are physically present in the United States, you may be eligible to adjust status to obtain permanent residence through the DV Program. For more information, see Adjustment of Status. Consult an attorney to see if you are eligible for adjustment of status.

DV visa fee payment instructions are here.

It is important to remember that selection does not guarantee you will receive a visa. In order to receive a DV to immigrate to the United States, selectees must still meet all eligibility requirements under U.S. law.

The only site where you can enter into DV lottery and later check the results is ​https://dvlottery.state.gov/

​Read more about the DV process here.

​Read about Adjustment of status here.

On December 15, 2020, USCIS announced updated guidance expanding the discretionary criteria USCIS officers use to determine whether to interview applicants filing Form I-485, Application to Register Permanent Residence or Adjust Status, based on refugee or asylee status. Whether an interview is necessary to determine the admissibility of an alien applying for lawful permanent resident status under INA § 209. The updates do not change the eligibility requirements to adjust status.  
The list of interview criteria can be found in the Policy Manual, Volume 7, Part L, Chapter 5, Part B.  Each determination by USCIS to waive or require an interview will continue to be made at the discretion of the USCIS officer on a case-by-case basis. The updated criteria may result in more applicants requested to appear for an interview.

B. Interview Criteria

The decision to interview a refugee applicant for adjustment of status is made on a case-by-case basis.[1] Interviews are generally required when an officer is unable to verify identity or determine admissibility based solely on the immigration records available to the officer. Although the decision to conduct an interview is made on a case-by-case basis, an officer should generally refer a case for interview if it meets one or more of the following criteria:

• The officer cannot verify the identity of the applicant through the information in the A-File. 
• The officer can verify the identity of the applicant through the information in the A-File, but the applicant is claiming a new identity.
• Immigration records are insufficient for the officer to determine whether or not the applicant has refugee status.
• The applicant has an approved Form I-730, but, if granted overseas, was not interviewed as part of the derivative refugee process or, if granted in the United States, was not interviewed prior to the approval.
• The applicant’s Federal Bureau of Investigation (FBI) fingerprint results indicate that further processing is needed.
• The officer cannot determine the applicant’s admissibility without an interview.
• The officer determines that the applicant is inadmissible but that an interview is necessary to determine if a waiver is appropriate.
• The applicant has an articulable national security or terrorism-related ground of inadmissibility concern.
• Other eligibility fraud, identified on a case-by case basis, where Fraud Detection and National Security (FDNS), Center Fraud Detection Operations (CFDO), or Background Check Units (BCU) recommends interview.
• Immigration records are insufficient for the officer to determine whether or not the applicant is inadmissible based on past or current placement in removal proceedings at any time.[2]
• The applicant has conflicting or multiple identities, other than properly documented by legal name changes.
• A sworn statement is required to address the applicant’s admissibility.
• An interview would yield clarifying information, such as with an unclear response to a request for evidence concerning the applicant’s admissibility.
• The applicant is a citizen of, or last habitually resided in, a country that is now, or was at the time of last residence, a State Sponsor of Terrorism.
• The officer has any other articulable concern regarding identity, inadmissibility, national security, public safety, or fraud, and recommends an interview to help resolve that concern.

​USCIS Provided COVID-19 Updates During a Conference Call on June 18, 2020:

1.  On June 18, 2020, I attended a conference call where USCIS representatives advised the attorneys and public about their new and updated post-Covid19 procedures.
2. The purpose of new procedures is to ensure safety of the USCIS personnel, staff, customers and visitors.
3. On June 4, 2020, USCIS local field office started to reopen. Offices will reopen depending on situation in the local community and existing safety concerns. USCIS is following CDC COVID-19 guidelines. It is expected that it will take at least several more weeks for the appointments to be rescheduled. Because the number of daily appointments will be significantly reduced, it will result in longer delays and wait time for an interview will be longer than before COVID-19 pandemic.
4. July 13, 2020 is an estimate when many ASC will reopen and biometrics will resume. Biometrics appointment will be available ONLY at the time and date in the appointment notice. Walk-ins will not be allowed. There will be much less people scheduled every day, so USCIS will have time to clean up and prepare for the next customer. USCIS will reschedule all cancelled Biometrics appointments unless they are deemed unnecessary. When mailing a new appointment notice, a biometrics worksheet will be mailed too. In the past, it was completed during the appointment. Now, the customers will be required to complete the worksheet and bring it with them to the appointment.
5. During pandemic, USCIS was able to reuse some biometrics if they were already on file (taken during previous applications) and the case was ready for adjudication.
6. Some USCIS offices (not consular sections) will start reopening in July 2020. It is expected that USCIS office in Rome will reopen in July 2020. It is expected that USCIS London office will be permanently closed.
7. Priority number one after reopening of the local USCIS offices will be Naturalization ceremonies.
8. Second priority is rescheduling cancelled adjustment of status or green card interviews.
9. Some employment-based green card interviews can be waived on a case-by-case basis and only if it is deemed unnecessary.
10. It is expected that all cancelled and delayed Naturalization ceremonies will be complete by the end of July 2020 (about 100,000 people are waiting).
11. Naturalization ceremonies will be very brief, there will be no big crowds, no family members or friends will be allowed to attend, no video, information will be given in printed format.
12. Asylum interviews will follow different format from other USCIS’ field office interviews.
13. When attending any USCIS appointment, customers are advised to bring their own blue or black pens, wear a face covering (face mask). People not wearing an appropriate face covering will not be allowed to enter. During the interview or biometrics appointment, customers can be asked to remove face covering for a brief period (to identify, to take photo).
14. Customers are advised not to arrive earlier than 15 minutes before an interview, or 30 minutes before naturalization interview.
15. Interpreters are not allowed to attend interviews at USCIS offices in person. Interpreters can interpret by phone.
16. Attorneys can attend in person or by phone.
17. Waiting room sitting will be limited. Number of appointments per day will be significantly reduced. There will be a COVID-19 specific screening for all customers
18. Customers and staff will be required to practice social distancing. The USCIS officer and an applicant can be in different rooms communicating via video call.
19. USCIS is advising all customers to use online tools for contacting USCIS, and to have online accounts.
20. USCIS advises customers who are feeling sick or unwell not to attend the interview, but to follow the instructions in the appointment letter to reschedule an appointment.

Today, July 1, 2019, begins the exceptionally rare period of authorized concurrent filing of I-130 and I-485 for spouses and minor children of permanent residents/green card holders. The filing period is expected to end on July 31, 2019, unless August 2019 Visa Bulletin also projects F2A preference category to be "current".
It is important to file all applications properly and submit all required initial evidence in order to avoid rejection, because there could be no time for re-filing if the filing period ends on July 31st.
Spouses and minor children of the lawful permanent residents who are in the USA in *lawful status* might be able to apply for adjustment of status concurrently with the filing of I-130 petition. Consult an attorney if not sure if you are eligible to apply.
If you need legal help please email at [email protected]

In Russian:

​Сегодня 1 июля 2019 открылся период для подачи одновременно петиции на воссоединение семьи и заявления на грин карту для жен и малолетних детей постоянных жителей США, которые находятся в США *в легальном статусе*, например приехали по гостевой визе или находятся в США по студенческой визе. Этот период продлится с 1 по 31 июля 2019, в соответствии с июльским календарем виз. Помните, что важно правильно все подготовить и подать в USCIS, чтобы избежать отказа в принятии заявлений, rejection, так как не известно, продолжится ли этот период в августе или закончится 31 июля. Если вам нужна помощь, обращайтесь по электронной почте [email protected]

How USCIS can help people affected by wildfires in California and other unforeseen circumstances? 

On a discretionary basis and upon request, USCIS offers the following immigration services that may help people affected by unforeseen circumstances: 

--Changing a nonimmigrant status or extending a nonimmigrant stay for an individual currently in the United States. 
--Expedited processing of advance parole requests;
--Expedited adjudication of requests for off-campus employmentauthorization for F-1 students experiencing severe economic hardship;
--Expedited adjudication of employment authorization applications, where appropriate;
--Consideration of fee waivers due to an inability to pay;
--Extension of response time or acceptance of a late response to a Request for Evidence or a Notice of Intent;
--Rescheduling an interview with USCIS;
--Expedited replacement of lost or damaged immigration or travel documents issued by USCIS, such as a Permanent Resident Card (Green Card); 
--Rescheduling a biometrics appointment. 

Note: When making a request, please explain how the wildfires in California or other unforeseen circumstances are related to the need for the requested relief.

​Read more here.

On August 28, 2017, USCIS had announced a new policy (effective date 10/02/2017) requiring all adjustment of status applicants seeking employment-based green cards to appear for an interview at a USCIS field office. The adjustment of status application is the final step in the green card process for foreign non-immigrant employees looking to move to permanent resident status.

Prior to this change, which went into effect on October 2, 2017, USCIS required interviews in only 5 to 10 percent of all employment-based adjustment cases.

The new policy applies to all Form I-485 adjustment of status applications filed on or after March 6, 2017, where the underlying immigrant petition is an employment-based Form I-140 (EB-1, EB-2, and EB-3). The USCIS has indicated that adjustment cases filed prior to March 6, 2017, will be adjudicated in accordance with previous procedures.

Because thousands of extra interviews will be conducted annually, there will be additional delays in the processing of these employment-based adjustment applications. USCIS has estimated that these applications will ultimately account for approximately 17 percent of the USCIS’s entire field operations workload. As a result, the change will impact the processing times for all other types of USCIS filings, such as family-based adjustment applications and naturalization cases.

What Should the Applicant Expect at the Interview? (based on the stats for October-November 2017)
The applicant could be asked about almost anything. 

• Any information provided on the Form I-485 (review the copy of the form I-485, and be prepared to answer questions).
• Issues relating to the applicant’s eligibility or admissibility, such as any arrests or misrepresentations made to an immigration officer (talk to your attorney if you ever had a DUI, arrests, domestic violence protection order filed against you, charges that were later dismissed, convictions, lied on the application, worked without authorization, etc).
• The applicant’s entire immigration history, particularly whether the applicant has properly maintained his non-immigrant status (if you worked without authorization while in a student status, etc)
• Family members applying as derivative to the employment-based principal applicant should anticipate questions about their relationship to the principal and the bona fides of that relationship (similar to a family-based green card interview).

If the field officer conducting the interview is not satisfied with an applicant’s answers and believes that an applicant is not eligible for adjustment, the Form I-485 can be denied, or a RFE (request for evidence) could be sent, or NOID (notice of intent to deny) could be issued.

Will the Field Officer Re-Adjudicate the Form I-140? USCIS has said that the interviewing field officers have been instructed not to re-adjudicate the underlying Form I-140. However, the agency has also made clear that the officers will be charged with assessing the validity of the documents used to approve the Form I-140 petition to ensure that the supporting evidence was accurate and credible. If the officer determines that that evidence is not credible, he can recommend that the Form I-140 be revoked by the service center that originally issued the approval (officer can send I-140 for revocation back to USCIS Service Center which originally approved the petition).

It is important that the applicant understands the basis for the Form I-140 petition and be prepared to articulate at the interview how his employment qualified for approval. The applicant should review the Form I-140 petition and any underlying PERM application in advance and address any tricky issues with the employer or counsel. The applicant will almost certainly be questioned about the job for which he was sponsored as well as about his own educational background and work experience. This new requirement could present a challenge because I-140 is an employer's petition, and applicants don't usually have an access to the form I-140, PERM, etc. 

An attorney can prepare the applicant on what to expect during the interview, and coordinate with the employer and the applicant to make sure that the applicant takes the appropriate documentation to the interview, knows what I-140 and PERM was about, has a copy of his I-485 form, has clean criminal record and no status violations, etc. The adjustment of status interview notices that are currently being sent to applicants are generic and confusing because they include a list of the documents that do not even apply in employment-based cases.