The Department of Homeland Security (DHS) proposes to adjust USCIS fees by an increase of 21 percent. Read the federal regulation here DHS claims that current USCIS fees leaves the agency a shortfall of $1.3 billion per year and the fee increase is necessary to recover the full operating costs.
USCIS says it has conducted small entity analysis based on a representative sample of the impacted population, The new rules introduce form changes as well as several new forms.
The most important forms with a fee increase are as follows:
||Petition for Alien Relative
||Application for Travel Document
||Travel Document for an individual age 16 or older
||I-131 Refugee Travel Document for a child under the age of 16
||Application for Advance Permission to Enter as Nonimmigrant
||Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal
||Notice of Appeal or Motion
||Petition for Amerasian, Widow(er), or Special Immigrant
||Application to Register Permanent Residence or Adjust Status (certain applicants under the age of 14 years)
||Immigrant Petition by Alien Entrepreneur
||Application to Extend/Change Nonimmigrant Status
||Application for Asylum and for Withholding of Removal
||Petition to Classify Orphan as an Immediate Relative
||Application for Waiver of Grounds of Inadmissibility
||Application for Provisional Unlawful Presence Waiver
||Petition to Remove the Conditions of Residence
||Application for Employment Authorization
||Consideration of Deferred Action for Childhood Arrivals (Renewal)
||Application for Action on an Approved Application or Petition
||Petition by Entrepreneur to Remove Conditions on Permanent Resident Status
||Annual Certification of Regional Center
||Petition for Qualifying Family Member of a U-1 Nonimmigrant
||Application to File Declaration of Intention
||Request for a Hearing on a Decision in Naturalization Proceedings
||Application for Naturalization
||Application to Preserve Residence for Naturalization Purposes
This may prove to have significant financial consequences for several groups, including people who have previously been removed from the U.S. and is eligible to re-enter the U.S. (an $830 increase in fees), U visa family members (an $1,285 increase to qualify as U-1), people who seek to naturalize as U.S. citizens (a $530 increase) people whose naturalization have been denied and are seeking review (a $1,055 increase). We recommend that if you are eligible for the above filings, we need to get them in as soon as possible.
Forms that will becomes cheaper are as following:
||Application to Replace Permanent Resident Card
||Petition for Alien Fiancé(e)
||Immigrant Petition for Alien Worker
||Application for Relief Under Former Section 212(c) of the Immigration and Nationality Act (INA)
||Application to Register Permanent Residence or Adjust Status
||Application for Certification of Citizenship
||Application for Citizenship and Issuance of Certificate Under Section 322
||Application for Replacement Naturalization/Citizenship Document
||USCIS Immigrant Fee (consular processing green card fee)
||Biometric Services Fee
||Dishonored Payments (Returned Check Fee)
||Application for Civil Surgeon Designation
||Application for Family Unity Benefits
The deceased fees, comparing to the increases, are minimal. In addition, DHS is proposing to separate Form I-129, Petition for a Nonimmigrant Worker, into several forms, including the following:
||Petition for a CNMI-Only Nonimmigrant Transitional Worker
||Application for Nonimmigrant Worker: E or TN Classification
||Petition for Nonimmigrant Worker: H-1 Classification
||Petition for Nonimmigrant Worker: H-2A Classification
||$860 (named); $425 (unnamed)
||Petition for Nonimmigrant Worker: H-2B Classification
||$725 (named); $395 (unnamed)
||Petition for Nonimmigrant Worker: L Classification
||Petition for Nonimmigrant Worker: H-3, P, Q, or R Classification
||Petition for Nonimmigrant Worker: O Classification
If you have any reliefs pending and need assistance, we recommend everyone take the opportunities now.
El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan TPS EAD extension
DHS is automatically extending TPS Employment Authorization Documents (EADs) validity listed for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan through January 4, 2021. These EADs should have category code of A-12 or C-19. Read the automatic extension notice here.
What is TPS?
TPS is a temporary immigration benefit for certain countries suffering from on-going armed conflict, environmental disaster, or other extraordinary and temporary conditions. It allows qualified individuals in the U.S. to stay here for a limited time period as ordered by the President.
What are my rights at work?
Persons covered by TPS can receive the Employment Authorization Documents (EAD). TPS workers, like everyone else, have the right to provide their choice of valid documentation to demonstrate their identity and work authorization. An employer that treats TPS workers differently in the employment eligibility verification process (Form I-9 and E-Verify) based on the worker’s citizenship status or national origin may violate anti-discrimination laws.
When the government extends a country’s TPS, USCIS sometimes issues a blanket extension of all expiring EADs for that country, to allow time for USCIS to issue new EADs. Such extension can be found here. If USCIS automatically extends your EAD, you do not have to show an I-797C with your EAD to keep working. An employer should not ask for additional documentation to prove employment eligibility.
If the government does not issue a blanket extension for TPS EADs, a TPS worker can apply for a renewal EAD, the worker can present the current TPS EAD with the I-797C receipt notice showing that USCIS received the EAD renewal application. This document combination is valid for 180 days after the original EAD expiration date, and are valid for employment eligibility verification purposes.
如果提交 I-130 移民申请的申请人去世了，I-130 请愿书将自动被撤销. 因此，对于已经悲伤失去亲人的移民家庭来说，这真是雪上加霜。但是， 即使在请愿人去世后，我们有三种的补救措施一是的某些受益人和家庭成员仍可继续寻求移民福利。
美国公民的遗孀被列入直系亲属。 如果他们在美国公民申请人去世后两年内提交 I-360 遗孀自行申请或自动将已经提交的 I-130 自动转换为 I-360，则继续有资格移民 。 他们还必须表现出诚信婚姻，并证明他们没有再婚。申请人必须证明他们与美国公民合法结婚并且在申请时没有合法分居或离婚。 在通知美国公民移民局申请人死亡后，USCIS将自动将待审批准的 I-130 表格转换为I-360 遗孀表格自行申请。
遗孀和随行的孩子如果是 2009年10月28日前申请的I-130的受益人并且后来被批准为 I-360 的自我申请，则不会积累非法逗留时间 (unlawful presence). 但是如果遗孀没有之前申请的 I-130的话，会将被定为累计了非法逗留时间。 在美国非法逗留超过 180天的情况是三年不能入境美国的， 如果在美国逗留超过365天的话， 是10年不能入境美国的。这样的情况， 遗孀将必须有其他的合适亲属来申请豁免。
INA§204（l）涵盖了几类未决或批准的请愿书。 移民法第 204（l）条 不仅在请愿人去世时提供保护，而且在某些情况下，当主要受益人或其他主要申请人去世时也提供保护。以内的包括人群有：
- 主要庇护人员去世时， 随行的家属；
这种有限的救济只能由批准的请愿书的主要受益人提出要求。申请人可以直接向移民局提出人道主义补救要求。请愿人去世后，受益人应该先收集担保人的材料， 然后递交. 要求恢复人道主义的个人应提供以下证据:
- 例如政府处理时间异常冗长; 和
请愿人去世后，寻求移民的受益人面临着许多挑战。 根据每个人不同的情况，在美国公民请愿人去世后，美国公民配偶及其子女列为“直系亲属”，204（l）以下的保护或人道主义恢复可能使他们能够继续处理他们的案件。204（l）也为许多幸存者提供了广泛的报道。 同时来说，人道主义补救是一种有限的酌情救济，这些都可能是幸存者可以追求的唯一途径。
U.S. visa applicants required to provide social media information
申请人必须提供列出的社交媒体网站平台上使用的所有的用户信息。如果签证申请人没有社交媒体帐户怎么办？签证申请人将需要回答与社交媒体相关的问题。 该表格允许申请人回答“无”。从未使用社交媒体的签证申请人不会因未能提供社交媒体而被拒绝。 申请人应尽可能完整和诚实地完成申请，以避免任何延迟处理。 如果未能在签证申请或签证面谈中提供准确和真实的答复，可能会导致拒绝签证。
- Douban 豆瓣
- Myspace 我的空间
- QZone(QQ) QQ空间
- SINA WEIBO 新浪微博
- TENCENT WEIBO 腾讯微博
- TWITTER 推特
- YOUKU 优酷
Be careful petitioners and applicants, your application for immigration benefits may be denied if you do not have all evidence to prove you are eligible. The U.S. Citizenship and Immigration Services (CIS) issued a new memo, to give its officers the right to deny visas if applications do not include all the necessary information when submitted.
CIS officers no longer need to first seeking additional evidence that might be needed to complete an application, or issuing a notice stating the intent to deny a request to adjudicate.
USCIS announced recently that it would also begin initiating removal/deportation proceedings against visa applicants who lack immigration status when their visa applications are denied. For example, if you are are out of status when you applied for change of status, therefore, you are ineligible to change status, CIS will deny your application and start removal proceedings. Or you may be a F-1 student applying for the H-1b lottery, but due to all sorts of administrative delays, your H-1b is not adjudicate until your F-1 expired, and then unfortunately it gets denied and you are out of status. CIS can also place you in removal proceedings.
Despite CIS saying the new memos are “not intended to penalize filers for innocent mistakes or misunderstandings of evidentiary requirements,” it certainly feels that way. Immigration enforcement has always been the realm of ICE, not CIS. USCIS adjudications are often inconsistent and often arbitrary. Applicants have the choices to appeal CIS decision or to seek review, and such options will be lost.
USCIS will now schedule asylum interviews starting with newer filings and working back towards older filings.
USCIS announced that starting January 29, 2018, the Asylum Division will give priority to the most recently filed affirmative asylum applications when scheduling for interviews. For the original post, see https://www.uscis.gov/humanitarian/refugees-asylum/asylum/affirmative-asylum-interview-scheduling. The asylum scheduling bulletin has been taken down.
USCIS will give priority to recent filings. USCIS says to do so will reduce the incentive to file for asylum solely to obtain employment authorization. USCIS says if the cases are processed quicker, it will allow the government promptly place such individuals into removal proceedings. USCIS will now schedule asylum interviews in the following order of priority:
- First priority: Applications that were scheduled for an interview, but the interview had to be rescheduled at the applicant’s request or the needs of USCIS.
- Second priority: Applications that have been pending 21 days or less.
- Third priority: All other pending affirmative asylum applications will be scheduled for interviews starting with newer filings and working back towards older filings.
In addition, Asylum office directors may consider, on a case-by-case basis, an urgent request to be scheduled for an interview if such request is submitted. Source: USCIS Website