DOS Warns of Visa Retrogression (EB2)
According to the Department of State, China and India: Reports from USCIS indicate the rate of new filings for adjustment of status in recent months has been extremely low. This fact has required the continued rapid forward movement of the cut-off date. However, once the level of new filings or USCIS processing increases significantly, it will be necessary to slow or stop the movement of the cut-off. DOS warns, that readers are once again advised that an eventual need to retrogress the cut-off date is also a distinct possibility. February 2012 Visa Bulletin.
Exhaustion of Immigrant Visa Numbers for 2011 Fiscal Year
A 9/15/11 memorandum from the Department of State Immigrant Visa Control Office notifying USCIS of the exhaustion of all employment-based visa numbers for FY2011. Visa Numbers will once again be available for the new fiscal year from 10/1/2011 through 9/30/2013. It is assumed that this would not affect Adjustment Applications which have been pre adjudicated by the USCIS. Click here for the Memo.
USCIS to Issue Employment Authorization and Advance Parole Card for Adjustment of Status Applicants
U.S. Citizenship and Immigration Services (USCIS) today announced that it is now issuing employment and travel authorization on a single card for certain applicants filing an Application to Register Permanent Residence or Adjust Status, Form I-485. This new card represents a significant improvement from the current practice of issuing paper Advance Parole documents.
The card looks similar to the current Employment Authorization Document (EAD) but will include text that reads," Serves as I-512 Advance Parole. "A card with this text will serve as both an employment authorization and Advance Parole document. The new card is also more secure and more durable than the current paper Advance Parole document. An applicant may receive this card when he or she files an Application for Employment Authorization, Form I-765, and an Application for Travel Document, Form I-131, concurrently with or after filing Form I-485.
USCIS will continue to issue separate EAD and Advance Parole documents as warranted. Employers may accept the new card as a List A document when completing the Employment Eligibility Verification, Form I-9. As with the current Advance Parole document, obtaining a combined Advance Parole and employment authorization card allows an applicant for adjustment of status to travel abroad and return to the U.S. without abandoning the pending adjustment application. Upon returning to the U.S., the individual who travels with the card must present the card to request parole through the port-of-entry. The decision to parole the individual is made at the port-of-entry. Individuals who have been unlawfully present in the U.S. and subsequently depart and seek re-entry through a grant of parole may be inadmissible and ineligible to adjust their status.
For more information on USCIS and its programs, visit www.uscis.gov.
USCIS to reissue Advance Parole documents
U.S. Citizenship and Immigrations Services (USCIS) announced today that it will reissue Advance Parole documents (Form I-512) in response to documents that were mailed to applicants with an incorrect issue date of January 5, 1990. All affected documents have been identified and USCIS will automatically reissue documents to individuals who have received a document with the incorrect issue date. All documents continue to be valid as the expiration dates remain accurate, therefore it is not necessary for applicants to contact USCIS regarding their pending application unless their application is outside the normal processing time of 90 days. If you need to travel urgently and you have received a document with an invalid issue date, then you may travel using the incorrect document. U.S. Customs & Border Protection (CBP) has been alerted however, you may be questioned about the issuance date. Therefore, please print this explanation to share with CBP if necessary.
AC21 Guidance Amended Regarding I-140 Portability
USCIS Acting Director of Domestic Operations, Michael Aytes recently amended the 5/12/05 Aytes memo to clarify how I-140 portability is treated in an adjustment of status application. The only real change is to the Question 1 in Section 1. Click Here for Memo.
