On December 9, 2021, United States Citizenship and Immigration Services (“USCIS”) published a policy alert [https://www.uscis.gov/newsroom/alerts/uscis-temporarily-waiving-60-day-rule-for-civil-surgeon-signatures] temporarily waiving the requirement for civil surgeons to sign Form I-693, Report of Medical Examination and Vaccination Record, no more than sixty days before an applicant files an application for the underlying immigration benefit (including Form I-485, Application to Register Permanent Residence or Adjust Status). This rule will remain in effect until September 30, 2022. This measure allows foreign nationals, with otherwise valid I-693s, to complete the application process without having to submit to further immigration medical examinations, even if the civil surgeon signed their I-693 more than sixty days before they file their application with USCIS.
Read moreUSCIS Temporarily Extends Validity Period of Form I-693 Medicals
On August 12, 2021, U.S. Citizenship and Immigration Services (“USCIS”) published an alert that temporarily extends the validity period of a report of Form I-693, Report of Medical Examination and Vaccination Record (“form I-693”) from two years to four years. The decision was made in an effort to expedite the adjudication of employment-based Form I-485, Application to Register to Permanent Residence or Adjust Status, by the last day of the government’s fiscal year which is September 30, 2021. It will not apply to cases adjudicated after September 30, 2021, unless the Service extends the validity of the medicals again.
Read moreUSCIS Adjusts Fees Effective October 2, 2020
The Department of Homeland Security (DHS) announced a final rule that adjusts US Citizenship & Immigration Services (USCIS) fees by a weighted average increase of twenty percent. The updated fees are effective October 2, 2020, and any application, petition, or request postmarked on or after this date must include payment of the new, correct fee. Since these fees fund nearly ninety-seven percent of USCIS’ budget, the agency claims the weighted increase is necessary to avoid a budget shortfall of an estimated $1 billion per year. “USCIS is required to examine incoming and outgoing expenditures and make adjustments based on that analysis,” Joseph Edlow, USCIS deputy director for policy, said. “These overdue adjustments in fees are necessary to efficiently and fairly administer our nation’s lawful immigration system, secure the homeland and protect Americans.”
Read moreUSCIS Proposes to Dramatically Increase Filing Fees
US Citizenship & Immigration Services (USCIS) announced earlier this month a proposed rule to adjust the fee schedule by a weighted average increase of twenty-one percent. In making the announcement, USCIS noted that unlike most government agencies, USCIS is fee-funded and claims the current fees if left unchanged would underfund the agency by approximately $1.3 billion per year. “USCIS is required to examine incoming and outgoing expenditures, just like a business, and make adjustments based on that analysis,” Ken Cuccinelli, acting director of USCIS, said in a statement. “This proposed adjustment in fees would ensure more applicants cover the true cost of their applications and minimizes subsidies from an already over-extended system.”
Read moreUSCIS to Continue Implementing New Policy Memorandum on Notices to Appear
US Citizenship & Immigration Services (USCIS) announced they are continuing to implement the June 28, 2018, Policy Memorandum, “Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens.” Effective November 19, 2018, USCIS may issue NTAs based on denials of the following:
Read morePriority Dates Q&A
Once foreign nationals decide they want to stay in the United States permanently and start talking to an immigration attorney or researching the process themselves, there is a pretty good chance the term “priority date” will come up. What this term means and why it is so important to figuring out the timing involved in a Green Card case can be confusing. There are often many questions surrounding how one obtains a priority date and all the timing issues that follow. This post aims to explain how the process works, although many people may prefer not to know how the sausage is made (if you will). Tracking the backlog of cases can be painfully frustrating—especially if a foreign national’s visa category is one that is excessively backlogged. But for those who wish to know the reason behind the delays, here are some of the most frequently asked questions.
Read moreBuzzFeed: “Welcome to America — Now Spy on Your Friends”
The FBI has been pressuring Muslim immigrants who face long delays when applying for permanent residency and US citizenship to become informants in order to expedite their cases, a BuzzFeed News investigation alleges.
The investigation, based on government and court documents, official complaints, interviews with immigrants, immigration and civil rights lawyers, and former special agents, finds that pressuring Muslim applicants to become informants in order to have their cases expedited—or, conversely, threatening to deport them if they do not comply—violates the FBI’s own rules regarding informants. These rules are detailed in the “Attorney General’s Guidelines Regarding the Use of FBI Confidential Human Sources” and forbid FBI agents from making any promises or commitments regarding the “alien status of any person or the right of any person to enter or remain in the United States.”
Moreover, according to these guidelines, agents must explicitly warn potential informants that the FBI cannot assist with their immigration status in any way. BuzzFeed finds the opposite has happened:
Mandated to enforce the law, the bureau has assumed a powerful but unacknowledged role in a very different realm: decisions about the legal status of immigrants — in particular, Muslim immigrants. First the immigration agency ties up their green card applications for years, even a decade, without explanation, then FBI agents approach the applicants with a loaded offer: Want to get your papers? Start reporting to us about people you know.
BuzzFeed shares the story of one Pakistani software programmer named A.M. (he did not want his name used), who had spent seven years attempting to obtain a Green Card. After a series of interviews, three encounters with the FBI, and unexplained bureaucratic delays, with his work visa shortly expiring and no apparent end in site, he decided to file suit against the Department of Homeland Security, US Citizenship and Immigration Services (USCIS), and the FBI. Afterwards at another meeting with the FBI he was asked to write down names of people he thought were terrorists. When he replied that he didn’t know any terrorists nor was he aware of any suspicious activity, he reported to BuzzFeed that one of the agents told him: “We know about your immigration problems…And we can help you with that.” The catch: he had to make secret reports on his community, friends, and family.
He refused, and shortly thereafter immigration authorities revoked A.M.’s existing work visa and FBI agents turned up unannounced at his home and workplace. Soon A.M. and his family sold their possessions and left the US, where he had lived for seventeen years.
The goal for the FBI, BuzzFeed reports, is to take advantage of many immigrants’ desperation no matter how useful their supposed “terrorist” contacts would be or if they even have any reliable intelligence about terrorism. This wide-scale approach to intelligence gathering is not even effective according to Michael German, a former FBI agent who is now a national security expert at New York University’s Brennan Center for Justice. He told BuzzFeed. “All of this investigative effort is against people who are not suspected,” he said, of “terrorism or any other criminal activity.” He added: “This becomes an obstacle to real security.”
Many delays for Muslim immigrants begin with the Controlled Application Review and Resolution Program (CARRP), a once secret USCIS program designed to identify security risks among applicants for visas, asylum, Green Cards, and naturalization. Established in 2008, CARRP targets a wide range of applicants, including not only suspected or known terrorists, but also for applicants based on a range of criteria, including geographical factors, knowledge of someone who is under surveillance, whether any money transfers have been made abroad, having worked for a foreign government, or even certain foreign language skills.
With CARRP, critics contend, the FBI can easily influence the immigration process. Indeed a 2013 report by the ACLU found that immigration authorities “are instructed to follow FBI direction as to whether to deny, approve, or hold in abeyance (potentially indefinitely) an application for an immigration benefit.”
Christopher Bentley, a USCIS spokesperson, told BuzzFeed that each applicant’s file is reviewed and decided by immigration officials alone (not law enforcement) on a “case-by-case” basis. The FBI’s National Press Office said they couldn’t comment to BuzzFeed on the specific strategies and tactics used to recruit informants.
While many have criticized the FBI’s use of informants within Muslim communities, after the 9/11 terrorist attacks, the FBI believed recruiting informants within the Muslim community was crucial to preventing future terrorist attacks. The Heritage Foundation details at least eighty-one potential terrorist attacks they say have been thwarted since 9/11 and notes that the use of informants was key to preventing many of the attacks. The authors stated: “Both government outreach efforts and the vigilance of Muslim communities against terrorism have proven vital in protecting the US” while noting that “more must be done to enhance mutual trust and partnerships between government, intelligence, and law enforcement and Muslim communities.” And after the recent San Bernardino terror attacks, Edward Gernat, a supervisory special agent for the FBI’s Joint Terrorism Task Force in San Diego, explaining how the FBI operates in general, told the San Diego Union-Tribune: “Our No. 1 goal is to prevent acts of terrorism…We will use any law enforcement tool legally available to us to prevent an act.”
I love you. You’re perfect. Now, we need a visa.
When I became an immigration attorney, something happened that I wasn’t quite expecting. I found myself curious about the immigration aspects of strangers’ lives. From the famous actress on the Oscars’ red carpet who is speaking with that lovely accent to the athlete from Eastern Europe joining the NBA to the random bike messenger with a brogue, I wanted to know the path that led them to the US. It was more than that, too. When Justin Bieber was arrested (multiple times) my first thought was, “How will this affect his immigration status?” When George Clooney became engaged to a British woman, my mind immediately went to what kind of a visa would she get (and then shortly thereafter to, “Guess my chances are gone”).
Needless to say, I love all things pop culture, and that includes reality television. So, when Joseph sent me a link to TLC’s 90 Day Fiance, I was immediately intrigued.
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