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Weekly Immigration News Recap (February 06-12)

Weekly Immigration News Recap (February 06-12)

Reminder to Submit All Required Initial Evidence and Supporting Documentation, including Form I-693, for Form I-485

Save time by submitting Form I-485, Application to Register Permanent Residence or Adjust Status, along with any supporting paperwork and initial proof mentioned under the “Checklist of Required Initial Evidence” section. (Using the checklist is optional; it does not take the place of statutory, regulatory, and form instruction obligations.) We may not need to send a Request for Evidence (RFE) to acquire additional evidence and supporting documentation if you provide all necessary initial evidence and supporting documents with your Form I-485. In the event that we determine that you do not require an interview, this may also help to prevent adjudication delays.

Update to Filing Location for Form I-360 and Form I-485 for Self-Petitioning Abused Spouses, Children, and Parents

Self-petitioning abused partners, children, and parents must submit Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, and Form I-485, Application to Register Permanent Residence or Adjust Status, to the Nebraska Service Center rather than the Vermont Service Center as of February 10, 2023. USCIS has Direct Filing Addresses for Form I-360, Immigrant Petition for Amerasian, Widow(er) or Special Immigrant, page and the Direct Filing Addresses for Form I-485, Application to Register Permanent Residence or Adjust Status, page.

USCIS Clarifies Physical Presence Guidance for Asylees and Refugees Applying for Adjustment of Status

U.S. Citizenship and Immigration Services (USCIS) has updated guidance in the USCIS Policy Manual with immediate effect to make it clear that refugees and asylees must have been physically present in the country for a full year by the time their Form I-485, Application to Register Permanent Residence or Adjust Status, is decided upon, not at the time the application is filed. All Form I-485 and Form N-400, Application for Naturalization, pending applications as of February 2, 2023, as well as those submitted on or after that date, are subject to this.

Cap Reached for Additional Returning Worker H-2B Visas for the First Half of FY 2023

The number of petitions received by U.S. Citizenship and Immigration Services has reached the limit for the additional 18,216 H-2B visas for returning workers that will be granted for the first half of fiscal year (FY) 2023 with start dates on or before March 31, 2023, as per the recently announced H-2B supplemental cap temporary final rule. The additional 20,000 visas authorized for citizens of Haiti, El Salvador, Guatemala, and Honduras are still open for petitions for H-2B nonimmigrant workers.

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