July 2014

On May 13, 2014, USCIS updated the data for I-526 petitions and I-829 petitions for the second quarter of the 2014 fiscal year (January – March). This newly released data includes data up to March 31, 2014.  The original USCIS data for the I-526 petitions and I-829 petitions can be found on the USCIS website.

Data on I-526 Petitions

For the I-526 petitions, there have been a few changes between the second quarter and first quarter of fiscal year 2014. Overall, there has been an increase in number of filed I-526 petitions. There is likely an increase in the number of filed petitions because investors are concerned of the possible visa retrogression that may occur before October 1, 2014. Most notably, Chinese investors comprise approximately 80 percent of the I-526 filings, so they are hurriedly filing their I-526 petitions before visa retrogression hits.


Continue Reading New I-526 and I-829 Processing Data Published by USCIS on May 13, 2014

Background

Under the Immigration Nationality Act (INA), a person is defined as a “child” when he/she is unmarried and under the age of 21. The Child Status Protection Act (CSPA) allows principal applicants and their derivative beneficiaries to remain eligible for immigration benefits when the beneficiary has aged-out by turning 21. The CSPA was enacted to protect the applicants who aged out due to the delay in the adjudication of the petition or application.

Additionally, in order for an applicant to be protected under the CSPA, the applicant must “seek to acquire” the status of an alien lawfully admitted for permanent residence within one year of the visa availability [see INA Section 203(h)(1)(A)]. Under previous USCIS Policy, there are three ways to meet the “seek to acquire” requirement:

  1. Filing Form I-485, Application to Register Permanent Residence or Adjust Status;
  2. Submitting Form DS-230, Application for Immigrant Visa and Alien Registration; or
  3. Having Form I-824, Application for Action on an Approved Application or Petition, filed on the Alien’s behalf.


Continue Reading New USCIS Policy Memorandum: Evaluating Claims of “Extraordinary Circumstances” for Late Filings In Seeking to Acquire Lawful Permanent Residence Status Pursuant to the CSPA