Applying Discretion in USCIS Adjudications

U.S. Citizenship and Immigration Services (USCIS) has consolidated existing policy guidance in the USCIS Policy Manual regarding officers’ application of discretion in adjudications.

For many immigration benefits, including certain applications for lawful permanent residence and employment authorization, requestors must show that a favorable exercise of discretion is warranted, in addition to showing that they meet all other eligibility requirements. 

Visa Bulletin September 2020 Predictions

For official August 2020 Visa Bulletin and Analysis, please click here: https://www.mygcvisa.com/visa-bulletin/2020/visa-bulletin-august-2020.aspx

Please see September 2020 Visa Bulletin Predictions below (for both Family Based and Employment Based categories for all countries):

Family Based:

Final Action Dates

Dates For Filing Applications

"Final Action Date" is the date when when USCIS/DOS may render their final decision on submitted applications. Your priority date should be before this date.

Family- Sponsored	All Chargeability  Areas Except Those Listed	CHINA-mainland  born	INDIA	MEXICO	PHILIPPINES
F1	08OCT14	08OCT14	08OCT14	08FEB98	15DEC11
F2A	C	C	C	C	C
F2B	08JUL15	08JUL15	08JUL15	15APR99	01JUL11
F3	22JUN08	22JUN08	22JUN08	01AUG96	22MAR02
F4	01OCT06	01OCT06	08MAR05	01AUG98	15DEC01

"Date for Filing Application" is the date when you can submit I-485/NVC applications to USCIS/DOS. Your priority date should be before this date.

Family- Sponsored	All Chargeability  Areas Except Those Listed	CHINA-mainland  born	INDIA	MEXICO	PHILIPPINES
F1	15AUG15	15AUG15	15AUG15	08FEB00	01OCT12
F2A	01AUG20	01AUG20	01AUG20	01AUG20	01AUG20
F2B	01MAY16	01MAY16	01MAY16	01DEC99	01MAR12
F3	22JUN09	22JUN09	22JUN09	08AUG00	01JAN03
F4	15SEP07	15SEP07	22NOV05	08APR99	01SEP02

USCIS Launches Updated Website

Today, USCIS launched an updated uscis.gov website, which they designed with input from applicants, petitioners and the public. In addition to a new look and feel, they have improved the website to help visitors better navigate our existing online tools and resources, as well as to file and manage applications and petitions online.

They are also making information about our processes easier to find by streamlining our navigation based on user feedback, data and best practices. 

August 2020 Visa Bulletin Analysis

For August 2020 Visa Bulletin, please click here: https://www.mygcvisa.com/visa-bulletin/2020/visa-bulletin-august-2020.aspx

Please see below analysis of August 2020 Visa Bulletin:

Family Based:

Final Action Dates

Dates For Filing Applications

"Final Action Date" is the date when when USCIS/DOS may render their final decision on submitted applications. Your priority date should be before this date.

Family- Sponsored	All Chargeability Areas Except Those Listed	CHINA-mainland born	INDIA	MEXICO	PHILIPPINES
F1	+1 Month 7 Days	+1 Month 7 Days	+1 Month 7 Days	+14 Days	+3 Months
F2A	No Change	No Change	No Change	No Change	No Change
F2B	+1 Month 7 Days	+1 Month 7 Days	+1 Month 7 Days	+14 Days	+3 Months
F3	+24 Days	+24 Days	+24 Days	+7 Days	+3 Months
F4	+17 Days	+17 Days	+14 Days	+14 Days	+3 Months

"Date for Filing Application" is the date when you can submit I-485/NVC applications to USCIS/DOS. Your priority date should be before this date.

Family- Sponsored	All Chargeability Areas Except Those Listed	CHINA-mainland born	INDIA	MEXICO	PHILIPPINES
F1	+1 Month 16 Days	+1 Month 16 Days	+1 Month 16 Days	+24 Days	+4 Months
F2A	+1 Month	+1 Month	+1 Month	+1 Month	+1 Month
F2B	+1 Month 14 Days	+1 Month 14 Days	+1 Month 14 Days	+24 Days	+4 Months
F3	+23 Days	+23 Days	+23 Days	+17 Days	+4 Months
F4	+17 Days	+17 Days	+17 Days	+24 Days	+4 Months

August 2020 Visa Bulletin

For July 2020 Visa Bulletin, please click here: https://www.mygcvisa.com/visa-bulletin/2020/visa-bulletin-july-2020.aspx

For analysis of August 2020 Visa Bulletin, please click here: https://www.mygcvisa.com/visa-bulletin/2020/visa-bulletin-analysis-august-2020.aspx

August 2020 Visa Bulletin has been officially released (valid from August 1 to August 31 only). Please see below for more details.

Family Based:

Final Action Dates

Dates For Filing Applications

"Final Action Date" is the date when when USCIS/DOS may render their final decision on submitted applications. Your priority date should be before this date.

Family- Sponsored	All Chargeability  Areas Except Those Listed	CHINA-mainland  born	INDIA	MEXICO	PHILIPPINES
F1	15AUG14	15AUG14	15AUG14	22DEC97	01SEP11
F2A	C	C	C	C	C
F2B	08JUN15	08JUN15	08JUN15	22MAR99	01APR11
F3	01JUN08	01JUN08	01JUN08	15JUL96	15NOV01
F4	08SEP06	08SEP06	22FEB05	15JUN98	01SEP01

"Date for Filing Application" is the date when you can submit I-485/NVC applications to USCIS/DOS. Your priority date should be before this date.

Family- Sponsored	All Chargeability  Areas Except Those Listed	CHINA- mainland  born	INDIA	MEXICO	PHILIPPINES
F1	08JUN15	08JUN15	08JUN15	01FEB00	08JUN12
F2A	01JUL20	01JUL20	01JUL20	01JUL20	01JUL20
F2B	15MAR16	15MAR16	15MAR16	08NOV99	01DEC11
F3	08MAY09	08MAY09	08MAY09	01AUG00	22AUG02
F4	01SEP07	01SEP07	08NOV05	01APR99	08MAY02

August 2020 Visa Bulletin Special Notes

For the official August 2020 Visa Bulletin and Analysis, please click here: https://www.mygcvisa.com/visa-bulletin/2020/visa-bulletin-august-2020.aspx

Apart from posting current dates, State Department has also added special notes to Visa Bulletin mentioned above. Please see full details below:

D. FOR THE LATEST INFORMATION ON VISA PROCESSING AT U.S. EMBASSIES AND CONSULATES DURING THE COVID-19 PANDEMIC, PLEASE VISIT THE BUREAU OF CONSULAR AFFAIRS WEBSITE AT TRAVEL.STATE.GOV

Good news for foreigners waiting for visas

Almost four months after the suspension of routine visa services worldwide in response to the coronavirus pandemic, the U.S. Department of State will gradually resume the issuance of visas at U.S. embassies and consulates.

The Department announced the resumption of routine consular services in each diplomatic mission depending on the health conditions of the country in which it is located, in order to ensure the safety of its workforce in American embassies and consulates around the world.

USCIS Extends Flexibility for Responding to Agency Requests

In response to the coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services is extending the flexibilities it announced on March 30, 2020, to assist applicants and petitioners who are responding to certain:

US will restart visa services amid Trump's efforts to restrict immigration

U.S. embassies and consulates around the world will soon resume visa services, the State Department said Monday, although it is not providing details on where or when.

The worldwide suspension of U.S. visas, except for emergency cases, has been one of several ways the Trump administration has severely restricted immigration and travel to the U.S. amid the coronavirus pandemic.

The latest move in that campaign has been the most controversial -- barring international students from taking classes fully online this fall semester, even as several U.S. universities move to online-only coursework because of the uncontrolled outbreak in several states. That decision has been challenged in court by more than a dozen states and over 200 universities.

Update to Filing Location for Form I-918 and Form I-485 for Applicants Filing Based on U Nonimmigrant Status

Starting June 29, 2020, petitioners residing in certain states must file the following forms at the Nebraska Service Center, instead of the Vermont Service Center:

• Form I-918, Petition for U Nonimmigrant Status; 
• Form I-918, Supplement A, Petition for a Qualifying Family Member of a U Nonimmigrant; and 
• Form I-918, Supplement B, U Nonimmigrant Status Certification. 

Petitioners should determine which service center they should send these and related forms (such as Form I-192 and Form I-765) based on their state of residence. Please refer to the “Where to File” section on the Form I-918 webpage to determine the correct filing location.

Deputy Director for Policy Statement on USCIS’ Fiscal Outlook

U.S. Citizenship and Immigration Services Deputy Director for Policy Joseph Edlow issued the following statement on the agency’s fiscal outlook due to the COVID-19 pandemic:

“The effects of the coronavirus pandemic are long reaching and pervasive, leaving few unscathed in its wake. USCIS is still experiencing those very effects, which began with an alarming drop in applications at the end of March. Forecasts predict a crippling budget shortfall that requires assistance from Congress to allow USCIS to maintain current operations.

Texas Service Center Moving to New Address on June 26

On June 26, the Texas Service Center will move to a new address. Although the move is scheduled for June 26, USCIS cannot accept mail at the new address until Monday, June 29. The new facility will help streamline processes by consolidating operations in the new location.

The Texas Service Center will continue to provide prompt and efficient service in processing requests for immigration benefits.

USCIS Rule Strengthens Employment Eligibility Requirements for Asylum Seekers

U.S. Citizenship and Immigration Services today announced a regulatory change to deter aliens from illegally entering the United States and from filing frivolous, fraudulent, or otherwise non-meritorious claims for asylum to obtain an employment authorization document. This rule does not alter asylum eligibility criteria in any way and will be effective on Aug. 25.

This rule stems from the April 29, 2019, Presidential Memorandum on Additional Measures to Enhance Border Security and Restore Integrity to Our Immigration System, which emphasizes that it is the policy of the United States to manage humanitarian immigration programs in a safe and orderly manner, and to promptly deny benefits to those who do not qualify.

USCIS Statement on Supreme Court’s DACA Decision

U.S. Citizenship and Immigration Services Deputy Director for Policy Joseph Edlow issued the following statement on today’s Supreme Court decision on the Deferred Action for Childhood Arrivals program:

Today’s court opinion has no basis in law and merely delays the President’s lawful ability to end the illegal Deferred Action for Childhood Arrivals amnesty program.

USCIS to Celebrate Independence Day by Hosting Naturalization Ceremonies Across the Country

U.S. Citizenship and Immigration Services is celebrating the Declaration of Independence and the birth of our great country by hosting naturalization ceremonies across the United States from July 1 through July 7. Despite the pandemic, USCIS continues to welcome new citizens, demonstrating American resiliency and the importance of our independence.

USCIS began to conduct limited naturalization ceremonies in May and began to fully resume ceremonies in early June, after temporarily pausing in-person services to mitigate the spread of COVID-19.

The ceremonies have been shorter to limit exposure to those in attendance, incorporating social distancing and other safety precautions that protect the health and safety of applicants and USCIS staff. USCIS has naturalized approximately 64,500 new citizens over the past month and anticipates completing nearly all postponed administrative naturalization ceremonies by the end of July.

USCIS Provides Greater Flexibility in Processing Work Authorization Requests for Asylum Applicants

U.S. Citizenship and Immigration Services today announced a regulatory change to provide greater flexibility in the processing of initial employment authorization documents (commonly called EADs) for asylum applicants by removing the burdensome and agency-imposed 30-day time frame. The final rule becomes effective on Aug. 21.

This change provides USCIS sufficient time to receive, screen and process applications and to address national security and fraud concerns, maintain technological advances in identity verification and further deter those who may attempt to defraud the legal immigration system. It also gives the agency flexibility to shift limited adjudicator resources as needed. In the past, the agency has been forced to divert resources away from other types of benefit requests to meet the 30-day time frame.

USCIS Extends Transitional Parole for Certain Aliens Present in the Commonwealth of the Northern Mariana Islands

USCIS announced today that it will automatically extend parole, and employment authorization if applicable, for certain aliens present in the Commonwealth of the Northern Mariana Islands (CNMI). This specific extension of parole will apply only to current parolees whose parole status will expire on June 29, 2020.

To ensure that all eligible aliens, including parolees, will have the full opportunity to apply for CNMI long-term resident status without interruption to their parole status, USCIS will automatically extend parole (and employment authorization, if applicable) for these aliens without interruption through Aug. 17, 2020.

The CNMI long-term resident status was created by the Northern Mariana Islands Long-Term Legal Residents Relief Act (Public Law 116-24), signed into law on June 25, 2019. The new law specifically gave the Department of Homeland Security the discretion to authorize parole, with work authorization, for these aliens during the time period needed to implement the new law.