Woog Law Office, LLC

01/23/2023

From USCIS.gov - Attention conditional residents:
"USCIS is extending the validity of Permanent Resident Cards (also known as Green Cards) for petitioners who properly file Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status for 48 months beyond the card’s expiration date. This change started on January 11, 2023, for Form I-829 and will start on January 25, 2023, for Form I-751.

We are making this change to accommodate current processing ... These receipt notices can be presented with an expired Green Card as evidence of continued status, while the case remains pending with USCIS. By presenting your updated receipt notice with your expired Green Card, you remain authorized to work and travel for 48 months from the expiration date on the front of your expired Green Card."

As a reminder, conditional permanent residents who plan to be outside of the United States for a year or more should apply for a reentry permit by filing Form I-131, Application for Travel Document, before leaving the United States. For more information,

11/09/2022

Pathway to the U.S.: Ukrainians Displaced by the Russian Invasion

Immigration and the war in Ukraine: How can Ukrainians come to the U.S.?

Read a new article by immigration lawyer Laurie Woog explaining the basics of the U.S. government's program, Uniting for Ukraine, which will allow certain Ukrainians endangered by the war to come temporarily to the United States if they have a U.S.-based sponsor and satisfy specific other requirements.



READ THE FULL ARTICLE:

https://www.wooglaw.com/immigration/ukrainian-immigration



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06/09/2022

From Andrew Ross Sorkin's New York Times Dealbook:

"A new low-interest loan for U.S. immigrants
In the long, long road to U.S. citizenship, immigrants face hefty financial obstacles. . . .

A new program, financed by BlueHub Capital, aims to address that cost. It offers a 1 percent interest loan to immigrants eligible to apply for citizenship. There are nine million immigrants eligible for citizenship in the U.S., BlueHub estimates, but the program has started small. Since it began in March, about 70 people have applied, according to Elyse Cherry, BlueHub’s C.E.O. . .

Many immigrants already take out loans to cover costs associated with the citizenship process, but usually at very high fees. A survey conducted by a group affiliated with BlueHub of more than 1,200 people, found that 90 percent of immigrants borrowed to pay for citizenship. Two-thirds of borrowers said they drew on high-interest financing such as credit cards or payday lenders. A 2018 study by Stanford University researchers found that subsidies could make a significant difference. According to the study, low-income immigrants who received fee vouchers to assist with the application cost naturalized at double the rate of those who did not.

Compared with Canada, Australia and Britain, the percentage of immigrants to the U.S. who become citizens is low. And U.S. naturalization rates have declined markedly between 1970 and 2011, the Stanford study found. This matters because citizenship is associated with economic and social gains, both for individuals and for the places where they live. Gaining legal status generally leads to better job prospects, higher incomes and higher rates of homeownership, research has shown."

Luiz Sebastião Machado, a 72-year-old from Brazil who fixes vacuum cleaners and other equipment, said he was applying for citizenship using the 1 percent loan so he could have access to social security benefits once he retired.

Adina Appelbaum, a co-founder of financial planning firm Immigrant Finance, told DealBook that access to such a loan would make a significant difference to immigrant families. “One of the primary reasons that immigrants cannot apply for citizenship is the high fees,” she said.

05/03/2022

EAD extension notice from USCIS: WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule (TFR) that increases the automatic extension period for employment authorization and Employment Authorization Documents (EADs), available to certain EAD renewal applicants, to up to 540 days. The increase, which will be effective immediately on May 4, 2022, will help avoid gaps in employment for noncitizens with pending EAD renewal applications and stabilize the continuity of operations for U.S. employers. . .


The TFR, which only applies to those EAD categories currently eligible for an automatic up to 180-day extension, will temporarily provide up to 360 days of additional automatic extension time (for a total of up to 540 days) to eligible applicants with a timely-filed Form I-765 renewal application pending during the 18-month period after publication of the TFR while USCIS continues to work through pending caseloads that were exacerbated by the COVID-19 pandemic. This timeframe will allow USCIS an opportunity to address staffing shortages, implement additional efficiencies, and meet Director Jaddou’s recently announced goal of achieving a three-month cycle time for EAD applications (generally comparable to a median three-month processing time) by the end of FY23. Beginning Oct. 27, 2023, automatic extensions of employment authorization and EAD validity will revert to the up to 180-day period for those eligible applicants who timely file Form I-765 renewal applications.

Noncitizens with a pending EAD renewal application whose 180-day automatic extension has lapsed and whose EAD has expired will be granted an additional period of employment authorization and EAD validity, beginning on May 4, 2022 and lasting up to 540 days from the expiration date of their EAD, such that they may resume employment if they are still within the up to 540-day automatic extension period and are otherwise eligible. Noncitizens with a pending renewal application still covered under the 180-day automatic extension will be granted an additional up to 360-day extension, for a total of up to 540 days past the expiration of the current EAD. Noncitizens with a pending renewal application and valid EAD on May 4, 2022, or who timely file an EAD renewal application before Oct. 27, 2023, will be granted an automatic extension of up to 540 days if their EAD expires before the renewal application is processed.

The automatic extension generally will end upon notification of a final decision on the renewal application or the end of the up to 540-day period (meaning, up to 540 days after the expiration date on the applicant’s facially expired EAD), whichever comes earlier.

03/04/2022

The Department of Homeland Security on Thursday designated Ukraine for Temporary Protected Status for 18 months. Homeland Security Secretary Alejandro Mayorkas credited the designation to "the full-scale Russian military invasion into Ukraine, which marks the largest conventional military action in Europe since World War I." Individuals eligible for TPS under the designation must have continuously resided in the United States since March 1, 2022. Those who attempt to travel to the United States after March 1, 2022 will not be eligible.

12/09/2021

Immigration medical exam news from USCIS:
U.S. Citizenship and Immigration Services is temporarily waiving the requirement that the civil surgeon sign Form I-693, Report of Medical Examination and Vaccination Record, no more than 60 days before an applicant files an application for the underlying immigration benefit (including Form I-485, Application to Register Permanent Residence or Adjust Status), until Sept. 30, 2022.

This temporary waiver will help applicants who have been affected by the COVID-19 pandemic and related processing delays, which have sometimes caused delays in completing the immigration medical examination.

The temporary waiver will benefit many applicants, including Afghan nationals evacuated under Operation Allies Welcome who have completed immigration medical examinations at government-run facilities but were not able to apply for adjustment of status within 60 days of the completed examination.

12/08/2021

EB-1 Case Approval: The Woog Law Office received an approval in 8 business days from USCIS for an expert in environmental and health-forward lighting design. Contact our office if you are highly skilled in your profession and seeking a green card based on extraordinary ability in your field to see if we can evaluate your potential for this visa category.

09/14/2021

Covid-19 vaccination required now for medical exams for immigration - USCIS states:
". . . effective Oct. 1, 2021, applicants subject to the immigration medical examination must be fully vaccinated against COVID-19 before the civil surgeon can complete an immigration medical examination and sign Form I-693, Report of Medical Examination and Vaccination Record. . . .

USCIS may grant blanket waivers if the COVID-19 vaccine is:

Not age-appropriate;
Contraindicated due to a medical condition;
Not routinely available where the civil surgeon practices; or
Limited in supply and would cause significant delay for the applicant to receive the vaccination.
Individuals may also apply for individual waivers based on religious beliefs or moral convictions by submitting Form I-601, Application for Waiver of Grounds of Inadmissibility."

04/27/2021

Immigration news: USCIS announced it will give deference to prior adjudications when examining requests for extensions of certain immigration benefits.

This means USCIS is returning to a prior, longstanding practice of generally deferring to prior determinations of eligibility based on similar facts to the initial petition or application. In 2017, USCIS rescinded that guidance and started "de novo" review, often resulting in onerous requests for evidence (RFEs) or seemingly arbitrary denials of cases that had been previously approved.

Such deference involving the same parties promotes greater efficiency and more confidence in the immigration system while cutting down on wasteful documentation, review and litigation.

For more information, see the policy guidance at https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20210427-Deference.pdf.

01/18/2021

During his first days in office, President-elect Joe Biden plans to unveil a legislative proposal that would include a path to citizenship for 11 million immigrants in the U.S. illegally, according to activists in communication with his transition team.

12/21/2020

https://www.nolo.com/legal-encyclopedia/how-to-maintain-f-1-student-visa-during-covid-19-pandemic.html?fbclid=IwAR0Ad1XzD_1d_DQn1czCwNHP68r1RHUd6mHUtKmxGlaKwFy1iZfAvoO1Soo

Learn how the use of all-remote instruction and changing government policy impacts an F-1 student's status in the United States during the coronavirus pandemic.

12/09/2020

Good DACA News

Attention DREAMERS… USCIS is now accepting first time DACA applications, as well as permitting DACA extensions and employment authorization document extensions for 2 years instead of 1, based on a recent court ruling. To see if you qualify, contact the Woog Law Office (www.wooglaw.com). You can also learn more at https://www.dhs.gov/news/2020/12/07/update-deferred-action-childhood-arrivals.

On November 14, 2020, Judge Nicholas George Garaufis of the U.S. District Court for the Eastern District of New York issued an opinion regarding the July 28, 2020 memorandum signed by Acting Secretary Chad F. Wolf. On December 4, 2020, Judge Garaufis required the Department of Homeland Security to r...