Citizenship

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Green Cards Extended for Naturalization Applicants

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Effective December 12, 2022, USCIS updated its Policy Manual to automatically extend the validity of green cards for Lawful Permanent Residents who have applied for naturalization. Form N-400 receipt notices will include an automatic two-year extension of the green card. The receipt may be used along with the expired green card as proof of lawful permanent resident status. Given long agency processing times, this automatic extension will help applicants avoid a Form I-90 green card renewal filing. The new policy extends to all applicants who file a Form N-400 on or after December 12, 2022.

Relatedly, in September 2022, USCIS announced that applicants filing an I-90 green card renewal would receive a two-year extension printed on the receipt notice, which may be used as proof of lawful permanent resident status.

© Jewell Stewart & Pratt PC 2022

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USCIS fee changes take effect October 2, 2020

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09/29/2020 update:

On September 29, 2020, the U.S. District Court for the Northern District of California granted the motion for a preliminary injunction (“PI”) filed by eight nonprofit organizations in the ongoing Fee Rule litigation. The PI has a nationwide effect and bars the rule in its entirety for the duration of the litigation. Therefore, DHS may not require its new fees, forms, and other changes outlined below.

Original post:

On August 3, 2020, the Department of Homeland Security published a new rule containing numerous adjustments to U.S. Citizenship and Immigration Services’ (USCIS) filing fee schedule. In the new rule, DHS is planning on an upward adjustment of USCIS fees “by a weighted average of 20 percent.”

The rule, set to go into effect on October 2, 2020, further increases fees for many commonly used forms such as N-400 for naturalization, I-485 for Adjustment of Status (AOS), I-140 for immigrant visa petitions, and I-129 for nonimmigrant visa petitions, which will carry separate fees for each visa classification.

Other significant changes in the rule include:

  • Employment Authorization (EAD) and Advanced Parole (AP) are now “unbundled” from AOS applications – meaning that each form must be filed with the corresponding fees, whereas previously when filed with a Form I-485 the EAD and AP fees were waived.

  • AOS fees for children under 14 years old are now the same as the adult fee.

  • Separate biometrics fees are now subsumed within the form’s fee (in most cases the separate biometrics fee is no longer required).

  • Premium Processing Service (PPS) is changing to 15 business days instead of 15 calendar days.

  • Forms available online have different fees for filing online vs. paper; the filing the fee will be $10 lower for applying online.

The American Immigration Lawyers Association (“AILA”) has published a searchable table of fee adjustments, located here. USCIS will be publishing new forms 30 days before the rule will take effect, and new forms are required starting October 2, 2020, with some limited exceptions.

On August 20, 2020, AILA and partners sued USCIS over the rule, claiming that the agency lacked authority to issue the rule, and that its issuance violated the Administrative Procedures Act. The litigation is ongoing as of this writing.

© Jewell Stewart & Pratt PC 2020

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DHS Proposes Numerous Fee Adjustments

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On November 14, 2019, DHS published a new rule containing numerous adjustments to U.S. Citizenship and Immigration Services’ (USCIS) filing fee schedule. These proposed adjustments are in addition to other recently finalized fee rules increasing the Premium Processing Service fee by $30 and adding a $10 fee for each electronic H-1B cap registration. In this new rule, DHS is planning on an upward adjustment of USCIS fees “by a weighted average of 21 percent” among other changes.

AILA has published a searchable table of fee adjustments, located here, which shows upwards adjustments to filing fees for many commonly used forms such as N-400 for naturalization, I-485 for Adjustment of Status, I-140 for immigrant visa petitions, and I-129 for nonimmigrant visa petitions.

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USCIS to schedule interviews outside of applicants’ geographic areas

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In a stated attempt to reduce processing times on applications, USCIS announced on June 17, 2019, that it would be adjusting workloads for its field offices and that, as a result, some applicants may be scheduled for interviews outside of their geographic area.  Generally, interviews for naturalization and permanent residency are scheduled based on the USCIS field office closest to an applicant’s residence.  This change will particularly affect San Francisco Bay Area residents residing in the San Francisco Field Office jurisdiction, who may now be scheduled for interviews in Sacramento or San Jose.