Monday, November 30, 2020

USCIS Updates Policy Guidance on Naturalization Applicants Who Did Not Properly Obtain Lawful Permanent Resident Status

On Nov. 18, U.S. Citizenship and Immigration Services updated policy guidance in the USCIS Policy Manual to clarify the circumstances when we would find applicants ineligible for naturalization  because they were not lawfully admitted for permanent residence. 

Applicants are ineligible for naturalization if they obtained lawful permanent residence (LPR) status in error, by fraud or otherwise not in compliance with the law.

The update also clarifies that we r



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Thursday, November 26, 2020

Visa Bulletin January 2021 Predictions

For official December 2020 Visa Bulletin & Analysis, please click here: https://www.mygcvisa.com/visa-bulletin/2020/visa-bulletin-december-2020.aspx

Please see January 2021 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
INDIAMEXICOPHILIPPINES
F122OCT1422OCT1422OCT1422JAN9822MAR12
F2ACCCCC
F2B08AUG1508AUG1508AUG1501MAY9922OCT11
F301JUL0801JUL0801JUL0815AUG9601JUN02
F415OCT0615OCT0615MAR0508JUL9808APR02
"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
INDIAMEXICOPHILIPPINES
F101SEP1501SEP1501SEP1501MAR0015JAN13
F2A22AUG2022AUG2022AUG2022AUG2022AUG20
F2B08JUN1608JUN1608JUN1622DEC9922JUN12
F301JUL0901JUL0901JUL0922AUG0008APR03
F408OCT0708OCT0701DEC0501MAY9901DEC02



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DHS Proposes to Limit Work Permits for Aliens with Final Orders of Removal

Rule will encourage these aliens to depart the country

WASHINGTON—The Department of Homeland Security (DHS) today announced a proposed rule that would limit discretionary work authorization for aliens who have final orders of removal and who have been temporarily released from DHS custody on an order of supervision (OSUP). The rule would align the issuance of discretionary employment authorization with the administration's priorities to protect U.S. workers and strengthen immigration enforcement.

Orders of supervision allow DHS to place conditions on and monitor aliens with final orders of



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Monday, November 23, 2020

USCIS Updates Policy Guidance Regarding Discretionary Factors for Adjustment of Status Applications

U.S. Citizenship and Immigration Services is updating existing policy guidance in the USCIS Policy Manual regarding the exercise of the secretary of the Department of Homeland Security's discretion in adjudications of adjustment of status applications.

This update clarifies existing content by providing a non-exhaustive list of positive and negative factors that may be relevant to whether an adjustment of status applicant warrants a favorable exercise of discretion. It also lists the privileges, rights and responsibilities of lawful permanent residents (LPRs) as a reference for officers to consider when determining whether the grant of LPR



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Friday, November 20, 2020

December 2020 Visa Bulletin

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

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

December 2020 Visa Bulletin has been officially released (valid from December 1 to December 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 15SEP14
15SEP14 15SEP14 08JAN98 15DEC11
F2A C C C C C
F2B 08JUL15 08JUL15 08JUL15 08APR99 01AUG11
F3 15JUN08 15JUN08 15JUN08 01AUG96 15FEB02
F4 22SEP06 22SEP06 08MAR05 22JUN98 01JAN02
"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 22JUL15 22JUL15 22JUL15 22FEB00 08OCT12
F2A 01AUG20 01AUG20 01AUG20 01AUG20 01AUG20
F2B 01MAY16 01MAY16 01MAY16 01DEC99 01APR12
F3 01JUN09 01JUN09 01JUN09 15AUG00 22DEC02
F4 15SEP07 15SEP07 22NOV05 22APR99 01SEP02



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December 2020 Visa Bulletin Analysis

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

Please see below analysis of December 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
INDIAMEXICOPHILIPPINES
F1No ChangeNo ChangeNo ChangeNo ChangeNo Change
F2ANo ChangeNo ChangeNo ChangeNo ChangeNo Change
F2BNo ChangeNo ChangeNo ChangeNo ChangeNo Change
F3No ChangeNo ChangeNo ChangeNo ChangeNo Change
F4No ChangeNo ChangeNo ChangeNo ChangeNo Change
"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
INDIAMEXICOPHILIPPINES
F1No ChangeNo ChangeNo ChangeNo ChangeNo Change
F2ANo ChangeNo ChangeNo ChangeNo ChangeNo Change
F2BNo ChangeNo ChangeNo ChangeNo ChangeNo Change
F3No ChangeNo ChangeNo ChangeNo ChangeNo Change
F4No ChangeNo ChangeNo ChangeNo ChangeNo Change



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December 2020 Visa Bulletin Special Notes

For the official December 2020 Visa Bulletin & Analysis, please click here: https://www.mygcvisa.com/visa-bulletin/2020/visa-bulletin-december-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

E. SCHEDULED EXPIRATION OF TWO EMPLOYMENT VISA CATEGORIES

The Continuing Appropriations Act, 2021 and Other Extensions Act (P.L. 116-159) extends both the Employment Fourth Preference Certain Religious Workers (SR) and Employment Fifth Preference Pilot (I5 and R5) Categories until December 11, 2020.

Employment Fourth Preference Certain Religious Workers (SR):

Pursuant to the continuing resolution, the non-minister special immigrant program expires on December 11, 2020. No SR visas may be issued overseas, or final action taken on adjustment of status cases, after midnight December 10, 2020. Visas issued prior to this date will only be issued with a



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Thursday, November 19, 2020

USCIS Updates Policy Manual Guidance on the Child Status Protection Act (CSPA)

USCIS is clarifying existing guidance on the Child Status Protection Act (CSPA) in the USCIS Policy Manual to address:

  • Application of the CSPA to derivatives of widows and widowers;
  • Guidance for which immigrant petition is used to calculate the CSPA age for adjustment of status applicants; and
  • The one-year "sought to acquire" requirement for permanent residence and how applicants may satisfy the requirement.

The Policy Alert is available here:

  • Policy Alert: <a data-entity-substitution="media" data-entity-type="media" href="https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20201113-CSPA.pdf" type="application/pdf; length=240183" dat


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Monday, November 16, 2020

USCIS Announces a Revised Naturalization Civics Test

WASHINGTON — U.S. Citizenship and Immigration Services announced today plans to implement a revised version of the naturalization civics test. The agency first announced plans to revise the civics test in July 2019.

USCIS revised the civics test as part of a decennial update to ensure that it remains an instrument that comprehensively assesses applicants' knowledge of American history, government and civic values.

The civics test is administered to applicants who apply for U.S. citizenship and is one of the statutory requirements for naturalizing. Applicants who apply for naturalization on or after Dec. 1, 2020, will take the up



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Thursday, November 12, 2020

Re-Registration Period Now Open for Aliens with Temporary Protected Status under South Sudan’s Designation

U.S. Citizenship and Immigration Services today announced that current beneficiaries of Temporary Protected Status (TPS) under South Sudan's designation who want to maintain their status through May 2, 2022, must re-register for TPS beginning Nov. 2, 2020 through Jan. 4, 2021.

Re-registration procedures, including how to renew employment authorization documents (EADs), have been published in the Federal Register and are available at uscis.gov/tps.

All applicants who wish to re-register for TPS mus



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Monday, November 9, 2020

DHS, Trump Administration Protect American Jobs from Unfair International Competition

Agency Proposes Prioritizing Higher Wage Levels to Better Protect U.S. Workers

WASHINGTON, D.C. — Today, the Department of Homeland Security (DHS) announced the transmission to the Federal Register of a notice of proposed rulemaking (NPRM) that would prioritize the selection of H-1B registrations (or petitions, if the registration process is suspended) based on corresponding wage levels in order to better protect the economic interests of U.S. workers, while still allowing U.S. employers to meet their personnel needs and remain globally competitive.

Modifying the H-1B cap selection process by replacing the random selection process



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