Just last week, USCIS quietly issued a Field Guidance Memo providing clarity and guidance to USCIS personnel on "reason to believe" issues and how they affect adjudication of Provisional Unlawful Presence Waivers.What is the Provisional Unlawful Presence Waiver?On...
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Policy Memos
Can I Apply For A Green Card Through Adjustment If I Entered Through The Visa Waiver Program (VWP)?
Determining the viability of an adjustment of status application--"Should I file?"-can, at times, be very challenging. There are many factual and legal issues to consider, including but not limited to the immigration status of the petitioner (lawful permanent resident...
What is the Child Status Protection Act (CSPA) and How Does It Work?
In 2002, the Child Status Protection Act (CSPA) was signed into law, providing much needed relief to beneficiaries of petitions who would otherwise not be able to immigrate because they had turned 21. Through application of the CSPA, many beneficiaries of...
New USCIS Parole In Place Memo May Help Thousands of Illegal Immigrants Apply for Green Card
A very important USCIS Policy Memorandum (PM-602-0091) was issued on November 15, 2013 that for inexplicable reasons, has not received much attention, although it potentially affects thousands of undocumented or "illegal" aliens throughout the United States. The...
New Memo Helps Illegal Alien Parents Charged with Deportation
On August 23rd Immigration and Custom Enforcement (ICE) released an administration policy directive entitled "Facilitating Parental Interests in the Course of Civil Immigration Enforcement Activities." This memo serves to supplement as well as complement already...
ICE guidance for Foreign Students on Driver Licenses
There is a very informative memo that may be of some interest to foreign/exchange students here on F, M, or J visas. The memo can be found at www.ice.gov/doclib/sevis/pdf/bm1112-05-dmv-timing.pdf. The purpose of the letter is to provide guidance to non-immigrants with...
New Policy Extends Validity of Medicals
There is a new Policy Memorandum regarding the validity of Medical Reports/Certifications on Form I-693. The memo, dated December 29, 2011, essentially extends the validity of civil surgeon endorsements contained on the I-693. An I-693, when submitted in support of an...
Good News from Vermont Service Center for New Jersey K-1 Fiance Petitioners
The Vermont Service Center recently announced a change in policy with respect to the K-1 Fiance. As part of a new effort to standardize, the validity dates of approved K-1 petitions will be extended to 4 months minus 1 day instead of the customary 90 days....
Freehold Immigration Attorney and “Backdoor Amnesty”
Having grown up in Monmouth County, Freehold holds a special place in my heart. Not only did I use to work there at the Monmouth County Prosecutor's Office, I also had a satellite office on Broad Street there for many years. Freehold is also home to many "illegal"...
New Immigration Policy on Request for Evidence
Very recently, USCIS issued an interim memo regarding time-frames in which to respond to Requests for Evidence. The memo sets forth a binding policy change that is quite beneficial for the public. Applicants and petitioners will now apparently have a standard 84 days...