The latest updatefrom USCIS  

This week let us take a look at the latest updates from USCIS that are affecting immigrants.

1.) On Feb. 2, 2023, the US Citizenship and Immigration Services (USCIS) has updated guidance that seeks to clarify that both asylees and refugees must have been physically present in the US for one year when it adjudicates their application to adjust status filed through Form I-485, rather than at the time they file their adjustment of status application. This applies to all Form I-485 and naturalization applications pending on Feb. 2, 2023, and those filed on or after that date. If it cannot determine whether an applicant satisfies the one-year physical presence requirement by reviewing their file or our records when we adjudicate their Form I-485, it may request additional evidence.

2.) USCIS is extending certain COVID-19-related flexibilities through Mar. 23, 2023. Under these flexibilities, the service considers a response received within 60 calendar days after the due date set forth in the following requests or notices before taking any action, if the request or notice was issued between Mar. 1, 2020, and Mar. 23, 2023, inclusive:

• Requests for Evidence;

• Continuations to Request Evidence (N-14);

• Notices of Intent to Deny;

• Notices of Intent to Revoke;

• Notices of Intent to Rescind;

• Notices of Intent to Terminate regional centers;

• Notices of Intent to Withdraw Temporary Protected Status; and

• Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion, or a Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if:

• The form was filed up to 90 calendar days from the issuance of a decision we made; and

• It made that decision between Nov. 1, 2021, and Mar. 23, 2023, inclusive.

USCIS anticipates that, barring changes presented by the pandemic, this will be the final extension of these accommodations, and requesters must comply with the response requirements set forth in any request or notice dated after March 23, 2023.

3.) USCIS is extending the validity of Permanent Resident Cards (also known as Green Cards) for petitioners who properly file Form I-751, Petition to Remove Conditions on Residence or Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status for 48 months beyond the card’s expiration date. This change started on January 11, 2023, for Form I-829 and will start on January 25, 2023, for Form I-751.

It is making this change to accommodate current processing times for Form I-751 and Form I-829, which have increased over the past year.

USCIS has updated the language on Form I-751 and Form I-829 receipt notices to extend the validity of a Green Card for 48 months for individuals with a newly-filed Form I-751 or Form I-829. It will issue new receipt notices to eligible conditional permanent residents who previously received notices with an extension shorter than 48 months and whose cases are still pending. These receipt notices can be presented with an expired Green Card as evidence of continued status, while the case remains pending with USCIS. By presenting your updated receipt notice with your expired Green Card, you remain authorized to work and travel for 48 months from the expiration date on the front of your expired Green Card.