One disturbing trend that we have noticed recently is an inexplicable delay in USCIS issuing I751 notices acknowledging receipt of the application and extending an individual's green card. Ordinarily, a receipt notice is typically issued within four to six weeks after receipt. However, in some cases, it has been more than three months and the applicant still has not received the receipt/extension notice. In some cases, individuals have received the biometrics/fingerprint notice but not the extension notice, an interesting scenario which have led some to posit that USCIS may want to investigate/ascertain an individual's criminal history before issuing the receipt notice. Given the administration's emphasis on enforcement, there may possibly be some validity to this. On the other hand, the delay may arise not so much out of nefarious motives but simple government bureaucracy and inefficiency. In any case, regardless of the reasons, the consequences can be severe, especially for those who have waited to the last second to file or worse, attempt to file out of time. Legally, even if the government has terminated or revoked a conditional resident's status due to failure to file, that individual has a right to appear before the Immigration Court where an Immigration Judge will render a final determination. Practically speaking, however, the absence of a receipt notice can cause a great deal of confusion and havoc. For one thing, the individual has no proof verifying that an application to remove conditions has been filed. Without a receipt notice, the individual is ill equipped to prove that he or she is still legally in status (unless that person has some proof of delivery and is able to secure an I-551 stamp from USCIS). This can lead to a person losing his/her job, driving privileges, as well as inability to travel outside the country-even if an application was in fact filed-because the immigrant has no proof that his/his permanent residence has been extended while the case is being considered. Given all these horrible ramifications, it would be especially prudent for conditional residents to consider filing the I-751 as soon as practicable. For joint I-751s filed by a married couple, this usually means ninety days before the 2nd anniversary of the grant of permanent residence. For those who are eligible to file an I-751 waiver, they may even be able to file earlier. For example, those asking for a waiver of the joint requirement due to abuse may file at anytime and do not need to wait until the ninety days prior to the expiration of the card. The same goes for those who entered into the marriage in good faith that has been subsequently terminated. If an application is filed at the earliest possible stage, there may be enough time to secure the receipt notice (or alternative proof that the case is received and pending) prior to the card expiring.
Can ICE Arrest or Pick Someone Up Years After Conviction?
All too often these days, unfortunately, foreign nationals are picked up by Immigration and Customs Enforcement and detained for crimes for which they were convicted of years ago. Under Section 236c of the Immigration and Nationality Act, the government is allowed to hold individuals without affording them an opportunity for bond or release. Otherwise known as mandatory detention, 236c applies to the following classes of individuals:
Can a Person With a 2 Year Green Card File for Child?
Individuals who acquire lawful permanent residence through marriage are often concerned about their foreign-born children residing abroad. One common misconception is that someone who has a conditional green card must first obtain a permanent green card before filing for one's children. This is not necessarily true, and in some cases, waiting too long to file can considerably affect how long it takes for a child to immigrate here. While a conditional permanent resident is obligated to file the I-751 to remove the conditions on his/her green card, he/she is nevertheless a permanent resident and accorded all the rights and privileges of a green card holder, including but not limited to working, traveling, and filing for one's unmarried children. Depending on how old the child is, he/she will fall under preference category F2A (for unmarried children under 21) or F2B (unmarried children 21 or older). Currently, F2A cases are taking approximately 2 years to process, while F2B cases are taking approximately seven to eight years, which is appreciably longer. If a child is nearing twenty, a permanent resident may want to strongly consider filing the I-130 immediately in the hopes of getting the child here before he/she reaches 21.
Will New Jersey Drunk Driving (39:4-50) Affect H-1B Stamping?
This is a very common question that we deal with in the ordinary course of our business. Unfortunately, it is also one that is extremely complex and heavily dependent on a number of factors, including but not limited to the nature of the offense; one's immigration history; as well as one's criminal history. In general, in this climate, any arrest-even for offenses which may not be deportable-can potentially have an impact on one's immigration stay here.
IBJJF Cash Prizes | How Does This Affect Jiujitsu Athletes on Visitor Visas?
This month, the International Brazilian Jiujitsu Federation (IBJJF) announced that it will now be awarding cash prizes to winners at the World Championships. Prizes will reportedly range from $4000 to $7000 for regular divisions, depending on the number of competitors, and $10,000 for Black Belt Absolute Champions. While this is welcome news, foreign national athletes intending on visiting the US to compete at the Mundials should bear this development in mind when applying for their visas. It may be a technical point, but like jiujitsu, being technical can go a long way. Conversely, ignoring the finer points can be detrimental and hurt your game in the long term.
USCIS Closing Overseas Offices Means End To Direct I-130 Filing
Late last week, news broke that USCIS plans on closing its international field office division by the end of the year. The rationale behind this decision is purportedly to reallocate resources and manpower to handle the growing surge of asylum applications, but many are understandably skeptical that this is another effort to fortify a virtual invisible wall. In practical terms, the phasing out of these offices will likely increase processing delays and contribute to a growing backlog that has already pushed cases significantly back.
Are You Already a US Citizen? | N-400 Issues in New Jersey
The vast majority of lawful permanent residents aspiring to become United States Citizens will need to undergo the naturalization process. But in some cases, an individual may already be a citizen through application of the law pertaining to either automatic acquisition or derivation. In those instances, a person will need to apply for proof of citizenship by either applying for a US Passport or a Certificate of Citizenship via Form N-600. Unfortunately, the law regarding acquisition of citizenship can be incredibly complex. Depending on when certain conditions are/were fulfilled will determine which set of rules apply. A recent Third Circuit case, Dessouki v. Attorney General, illustrates just how fact-sensitive some of these determinations can be.
Green Card Renewal Denied | Options and Consequences
For a lawful permanent resident, denial of a green card renewal application can be extremely stressful. Depending on the nature of the denial, there can be severe consequences, both direct and collateral, ranging from bearing an expired identity document to being placed into removal proceedings. At the outset, it is crucial to distinguish exactly what is being "renewed" because the nomenclature is used so loosely. A green card renewal comes up in two different contexts.
Court Rules Individuals Detained For More Than 180 Days Entitled To Bond Hearing
Immigration court matters arguably present some of the most challenging areas to understand. This is especially so with respect to detention issues, where an individual's liberty is restrained, sometimes indefinitely. In a recent Third Circuit case, Guerrero-Sanchez v. Warden, York County Prison, 2018 WL 4608970 (3d Cir. 2018), a person was held in ICE detention for a staggering 637 days before finally securing release (and only after protracted litigation involving several motions). This case is particularly important for non-US citizens residing in the Third Circuit who are at risk of lengthy detention.
New Version of I-539 Application to Change or Extend Status Coming
USCIS recently announced plans to update Form I-539, Application to Extend/Change Nonimmigrant Status. This change is particularly important to any foreign national currently here on a temporary basis who is intending on changing or extending his/her status. Apparently, the form has already been revised but will not be released until the same day the changes become effective, which is March 11, 2019. As of that date, any applications to change/extend non-immigrant status must be filed on the latest version. USCIS will not accept previous editions of Form I-539 and accordingly reject applications with the older version or applications that are missing required signatures or filing fees.
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