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USCIS to Replace Sticker that Extends Validity of Green Cards

Green Cards

USCIS announced that starting in January 2021, it will replace the sticker that is currently issued to lawful permanent residents to extend the validity of their Form I-551, Permanent Resident Card (PRC or “Green Card”), with a revised Form I-797, Notice of Action, for Form I-90, Application to Replace Permanent Resident Card. The revised I-797 receipt notice, together with an applicant’s PRC, will serve as temporary evidence of lawful permanent resident status for 12 months from the expiration date on the face of the PRC.

Another Win for Us on Waivers

Immigration Waivers

USCIS has approved Applicant’s I-601.  Applicant’s Form I-601A was approved. Applicant left the United States to attend his interview for an immigrant visa.

USCIS Extends Flexibility for Responding to Certain Agency Requests

In response to the COVID-19 pandemic, USCIS is extending flexibilities that were previously announced on March 30, 2020, to assist applicants and petitioners who are responding to certain agency requests. The flexibilities apply to documents with an issuance date listed on the request, notice, or decision that is between March 1, 2020, and January 31, 2021, inclusive. USCIS will consider a response to the specified agency requests and notices that is received within 60 calendar days after the response due date set in the request or notice before taking any action. Additionally, USCIS will consider a Form N-336 or Form I-290B received up to 60 calendar days from the date of the decision before it takes any action.

USCIS Agrees to Stop Rejecting Applications and Petitions for Blank Spaces as of December 28, 2020

As a result of class action litigation in Vangala v. USCIS challenging USCIS’s No Blank Space” policy, USCIS has agreed to stop implementing the rejection policy for asylum applications and U visa petitions starting December 28, 2020. AILA provides a practice alert with additional details.

USCIS Releases Instructions on Filing Form I-589 with the Asylum Vetting Center

USCIS announced via the Form I-589 webpage that beginning November 2, 2020, asylum offices will no longer accept the filing of Forms I-589 that previously were filed directly with a local asylum office. These forms must be filed with the Asylum Vetting Center in Atlanta, Georgia.

USCIS Updates FY2021 H-2B Cap Count

USCIS released its H-2B cap count for FY2021, stating that it has received 29,739 beneficiaries toward the 33,000 cap for the first half of FY2021, with 24,181 approved and 5,558 pending

USCIS Updates Policy Guidance on Civics Educational Requirement for Purposes of Naturalization

USCIS updated policy guidance in the USCIS Policy Manual related to the naturalization civics test, increasing the general bank of questions to 128, the number of exam questions to 20, and the number of correct answers needed to pass to 12, as well as providing that officers will ask all 20 test items even if applicants achieve a passing score. This update becomes effective December 1, 2020, and applies prospectively to naturalization applications filed on or after that date

USCIS Premium Processing Fee Increase Effective Oct. 19, 2020.

The USCIS premium processing service allows petitioners to pay an additional filing fee to expedite the adjudication of certain forms, generally within 15 days. Any Form I-907 (Request for Premium Processing) postmarked on or after Oct. 19 must include the new fee amount. If USCIS receives a Form I-907 postmarked on or after Oct. 19 with the incorrect filing fee, we will reject the Form I-907 and return the filing fee.

Premium processing fee increase is Congress’ solution to USCIS financial hardship.

After a federal judge enjoined USCIS from drastically increasing their filing fees a week ago, the fee-funded agency is projecting to be in a financial deficit. However, last week Congress enacted the Continuing Appropriations Act, 2021 and Other Extensions Act to immediately require USCIS to use premium processing at $2,500 for case types it previously charged $1,440. The Act also allows USCIS to set new premium fees without going through the typical regulatory process.

USCIS Updates Policy Guidance on TPS and Eligibility for Adjustment of Status Under INA §245(a)

USCIS updated policy guidance in the USCIS Policy Manual confirming that a grant of Temporary Protected Status (TPS) is not admission for INA §245(a) adjustment purposes, clarifying that the applicability of decisions in the Sixth and Ninth Circuits is limited to those jurisdictions, and incorporating Matter of Z-R-Z-C-