On February 14, 2023, the U.S. Citizenship and Immigration Service (USCIS) issued updated guidance in the USCIS Policy Manual that significantly improves the protections offered by the Child Status Protection Act (CSPA). Per the new guidance, in certain circumstances, CSPA age determinations may be based...
Each year, the U.S. Department of Health and Human Services (HHS) is responsible for setting federal poverty guidelines, which are used to determine whether an individual or family qualifies for certain government benefits. These guidelines are important in the immigration context, particularly with respect to...
Legalization or decriminalization of marijuana at the state level can mislead noncitizens into thinking using marijuana in accordance with state law is legal. Marijuana, however, is a controlled substance under federal law. Therefore, the use, sale, purchase, or even the mere possession of marijuana, in...
A foreign national may be found to be inadmissible (i.e., ineligible to enter the United States, adjust status from within the U.S., or apply for certain other immigration benefits) for a variety of reasons. Some categories of inadmissibility result in a permanent bar to the...
The U.S. Department of Homeland Security (DHS) has published a final rule in the Federal Register, which reaffirms long-standing guidance applicable for determinations of whether an individual is likely to become a public charge. A foreign national who is considered likely to become a public...
On August 10, 2022, the U.S. Department of State (DOS) shared a briefing where Ms. Julie M. Stufft, Deputy Assistant Secretary for Visa Services in the Bureau of Consular Affairs, discussed the status of immigrant and nonimmigrant visa processing at U.S. embassies and consulates around...
For most types of immigrant petitions, such as a family-based petition for an alien relative (form I-130) or an employment-based petition for an alien worker (form I-140), the petitioner must indicate whether the foreign national beneficiary will be applying for adjustment of status (form I-485)...
The U.S. Citizenship and Immigration Services (USCIS) has announced two accommodations being made related to the COVID-19 pandemic. First, the USCIS again has extended the response time flexibility, initially announced on March 20, 2020. Second, the USCIS has made permanent the policy that allows all...
The use of domestic workers, such as live-in maids or nannies, tends to be less common in the United States than it is in many other parts of the world. Foreign nationals planning to come to the United States, in addition to U.S. citizens living...
Under certain circumstances, the U.S. Department of State (DOS) has the authority to terminate an immigrant visa registration and revoke the underlying immigrant visa petition if the priority date is current and the case has remained inactive for a specific duration. The following is an...
