The U.S Immigration law is constantly evolving, and staying informed is crucial for those navigating the complex system. Recent updates have brought significant changes that affect various aspects of immigration processes, from Green Card validity to fee structures and potential impacts of the upcoming presidential election.
Extended Green Card Validity
USCIS has recently extended the automatic validity period for Green Cards upon filing Form I-90. Previously, the extension was for 24 months, but it has now been increased to 36 months
1. This change applies to permanent residency that are expiring or have expired, not conditional GC. While this extension provides longer proof of legal status for employment and travel purposes, it also indicates longer processing times for Form I-90. Applicants can file this form online or by mail, depending on their preference.
USCIS Fee Changes and Confusion
One of the most significant and confusing updates concerns the fees associated with Form I-140, the Petition for Alien Worker. United States has not only slightly increased the fee for this form but also introduced a new charge called the “Asylum Program Fee”
1. This additional fee has caused confusion among applicants, especially self-filers.Key points about the fee changes:
- Self-filers must pay a $300 Asylum Program Fee
- Applicants must answer “yes” to being an employer with 0-25 employees, even if self-filing
- Failure to comply with these requirements may result in application rejection
USCIS has provided a table on their website to help clarify the fee structure for Form I-140 submissions.
Potential Election Impacts on Immigration Cases
With the upcoming presidential election, there’s speculation about how a change in administration might affect various immigration cases. While some cases are likely to remain unaffected, others may see significant changes
1.Cases likely to remain unaffected:
- Spousal sponsorship
- Immediate relative cases (parents, children under 21)
- EB-1 program (aliens of extraordinary ability)
- EB-2 National Interest Waiver
- VAWA cases
Cases that may be affected:
- Asylum cases
- Cases currently in court
- Possibly EB-4 category
It’s important to note that these are predictions based on past experiences and current statements from potential candidates.
Common U.S Immigration Law Questions Answered
Asylum and Removal Orders
- Motion to reopen a 20-year-old removal order based on a pending I-130 typically takes 30-60 days, depending on the judge and circumstances1.
- Asylum backlogs continue to be a significant issue, with some applicants waiting up to 8 years for an interview1.
Citizenship and Status Adjustment
- Derivative citizenship for children of naturalized citizens depends on various factors, including age at the time of parents’ naturalization and legal custody1.
- Adjusting status from pending asylum to employment-based categories is generally not possible due to the requirement of maintaining lawful immigrant status1.
Travel and Documentation
- Traveling with pending asylum cases is possible only with advance parole and if not in removal proceedings1.
- Using Refugee Travel Documents with a US residency card for international travel is generally possible, but acceptance depends on the destination country’s laws1.
In conclusion, staying informed about these changes is crucial for anyone involved in the immigration process. As laws and procedures continue to evolve, seeking professional legal advice for complex cases is highly recommended.
