SUBJECT: Customer Service and Interpretation of 8 U.S.C. 1367 Confidentiality Protections for U.S. Citizens
USCIS Updates Guidance for Family-Based Immigrant Visas
U.S. Citizenship and Immigration Services is issuing guidance in the USCIS Policy Manual on family-based immigrant visa petitions (including Form I-130, Petition for Alien Relative and, in limited situations, family-based Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant). This includes explaining how we handle correcting approval notice errors and requests for consular processing or adjustment of status, as well as routing procedures for approved petitions.
A petitioner submitting Form I-130 must inform USCIS of the beneficiary’s current address and whether the beneficiary wants consular processing with the Department of State National Visa Center (NVC) or adjustment of status in the United States, if eligible. Based on this information, we will either keep the approved Form I-130 for adjustment of status processing or send it to the NVC for consular processing, as appropriate.
If the petitioner does not provide accurate information on Form I-130, it may take longer for the beneficiary to get an immigrant visa or adjust status. For example, if we keep an approved petition based on the petitioner’s inaccurate information, the petitioner generally must file Form I-824, Application for Action on an Approved Application or Petition, with the appropriate fee, to transfer the petition to the NVC.
If the petitioner does not clearly indicate whether the beneficiary wants consular processing or adjustment of status, we will decide at our discretion whether to send the approved Form I-130 to the NVC or keep it for adjustment of status processing. In general, if evidence of the beneficiary’s most recent location, including their address on Form I-130, the petition suggests they are inside the United States, we will keep the approved Form I-130 and process their adjustment of status. In general, if that evidence suggests they are outside the United States, we will send it to the NVC for consular processing.
Before we updated this guidance, we generally kept an approved Form I-130 if it did not clearly indicate whether the beneficiary wanted consular processing or adjustment of status. This update clarifies procedures for Form I-130 so we can process it more efficiently when it is unclear whether the beneficiary wants consular processing or adjustment of status, or if their preference changes or their form needs to be corrected.
We expect this update will reduce the number of Forms I-824 filed, because we will keep fewer petitions for adjustment of status processing. This update will also increase flexibility for petitioners who do not have a consular post to record on Form I-130.
More Information
Protect yourself from immigration scams. If you need legal advice on immigration matters, make sure the person helping you is authorized to give legal advice. Visit the Avoid Scams page for information and resources.
For more information on USCIS and its programs, please visit uscis.gov or follow us on X (formerly Twitter), Instagram, YouTube, Facebook, and LinkedIn.
USCIS Tech Talks
U.S. Citizenship and Immigration Services will continue our Tech Talks sessions to provide answers to your questions about USCIS online accounts. The next sessions will be held on the following dates:
- Tuesday, June 4, 2-2:45 p.m. Eastern
- Tuesday, July 2, 2-2:45 p.m. Eastern
- Tuesday, Aug. 6, 2-2:45 p.m. Eastern
During the June 4 Tech Talk, we will discuss the new online N-400, Application for Naturalization. We will provide a comprehensive overview of the revised N-400 online form, including how the conditional logic of the online form works and the evidence requirements.
No registration is required for these events. During these sessions, USCIS subject-matter experts will address common issues and questions related to online filing and be available to respond to your questions about creating and using USCIS online accounts.
Please use Microsoft Teams to join the engagement. We recommend using Microsoft Edge, Google Chrome, or Mozilla Firefox as your web browser. You may also view the engagement from a mobile device with the Microsoft Teams application.
We encourage you to submit questions in advance using the Teams Live link for the event. To submit a question, when you are in Teams Live, click on the Q&A icon and enter your question.
To request a disability accommodation to participate in this engagement, email us at public.engagement@uscis.dhs.gov at least five business days before the engagement in which you choose to participate.
Biden expands ACA to Dreamers
Welcoming NH May Table
This Thursday, May 9, 9-11 AM via zoom.
Email dholt@miracoalition.org to be sent the Zoom link and be added to the email list.
Naturalization Partial Fee Waiver
COPYRIGHT © 2024 IMMIGRANT LEGAL RESOURCE CENTER | FEBRUARY 2024 1
USCIS PUBLISHES FINAL FEE
RULE, EFFECTIVE APRIL 1, 2024
The Good, the Bad, Who Should File Now, and Who Should
Wait to File
By Ariel Brown and Liz Taufa
Click the Welcoming NH Logo to go to the Rules
On January 31, 2024, USCIS published its final rulei on fee changes for applications, due to
take effect on April 1, 2024. For quick review, see the table of fee changes at 89 Fed. Reg.
6198-6204 or on USCIS’s FAQs on the new fee rule at https://www.uscis.gov/forms/filingfees/frequently-asked-questions-on-the-uscis-fee-rule.
This high level practice alert provides a brief summary of the key changes and some quick
takes for practitioners, including who may want to wait until the new rule takes effect to file in
order to benefit from lower fees or other more advantageous policies, as opposed to prioritize
filing before the fee rule goes into effect on April 1. We will update our website soon with more
details and resources on the fee rule.
The Bad News
- Most fees will go up;
- Unfortunately, USCIS is continuing with its plan to “un-bundle” I-765 and I-131
application fees for adjustment applicants (these individuals will be able to apply for
work permits at half price, however); - USCIS will be offering $50 discounts on fees to those who file online, where available,
thereby disadvantaging those applicants who do not have reliable access to the internet
or the digital literacy necessary to file forms online.
The Good News - Longstanding fee waiver policy will be codified and a child’s receipt of means-tested
benefits can be the basis for an applicant’s fee waiver request under the receipt of
means-tested benefits ground as long as the child is part of the applicant’s household
(this change will only be made in the instructions for Form I-912, not in the regulations); - USCIS is expanding fee waiver exemptions (to humanitarian applicants who traditionally
had to seek a fee waiver first, but ultimately most were able to file for free); - USCIS is extending eligibility for the reduced naturalization fee to those individuals with
incomes between 150% and 400% of the Federal Poverty Guidelines (FPG) (currently
available only to applicants at 150%-200% FPG);
USCIS PUBLISHES FINAL FEE RULE, EFFECTIVE APRIL 1, 2024
2 THE GOOD, THE BAD, WHO SHOULD FILE NOW, AND WHO SHOULD WAIT TO FILE | FEBRUARY 2024 - Applicants will be able to indicate their request for reduced fee on the N-400, rather than
on the separate I-942 form, although anyone requesting the reduced naturalization fee
must file their N-400 on paper rather than online; - USCIS is consolidating biometrics fees as part of the general application fee for most
forms, so starting April 1, 2024 there will no longer be a separate $85 biometrics fee
(the exceptions are TPS and EOIR filings, which will continue to have a separate
biometrics fee, reduced from $85 to $30).
Any application, petition, or request postmarked on or after April 1, 2024 must include
payment of the fees established by this final rule and use updated forms effective April 1, 2024
(note there will be a grace period to use the older version of most forms until June 3, 2024—
new forms that will not have a grace period include a few employment-based forms and
orphan petition forms I-600 and I-600A). Until April 1, 2024, applicants should continue to file
applications and request fee waivers under existing fees and fee waiver policy.
However, it may be beneficial for some applicants to delay filing UNTIL April 1, 2024, to
take advantage of some of the positive changes in the new fee rule.
Who might want to prioritize filing their applications BEFORE
April 1, 2024? - Family-based and employment-based adjustment applicants. Beginning April 1,
2024, adjustment applicants will have to pay separate application fees to request work
permission (I-765) and travel permission (I-131), although the I-765 fee will be half price
for those applying based on a pending adjustment. Presently, adjustment applicants may
file I-765 and I-131 at no cost, either at the same time as their I-485 filing or afterwards,
with a copy of their I-485 receipt notice.
Who might want to WAIT until April 1, 2024 to file? - Humanitarian applicants, like T/U/VAWA/SIJ, because under the new fee rule these
applicants will be exempt from paying the application fee on all petitions and application
forms through adjustment of status whereas currently, such individuals must seek a fee
waiver in order to avoid having to pay the fee. - Naturalization applicants with income between 200% and 400% of the FPG. Starting
April 1, 2024 these applicants will also be eligible for the reduced (half price)
naturalization fee. Currently, such applicants make too much to qualify for a fee waiver
(must have income at or below 150% FPG) or reduced fee (must have income at or
below 200% FPG) so they must pay the full naturalization fee. - Green card renewal applicants. On April 1, 2024, the I-90 green card renewal fee will
decrease, from $540 (with biometrics) to $415 if filed online or $465 if paper filed.
USCIS PUBLISHES FINAL FEE RULE, EFFECTIVE APRIL 1, 2024 - THE GOOD, THE BAD, WHO SHOULD FILE NOW, AND WHO SHOULD WAIT TO FILE | FEBRUARY 2024 3
San Francisco
1458 Howard Street
San Francisco, CA 94103
t: 415.255.9499
f: 415.255.9792
ilrc@ilrc.org
www.ilrc.org
Washington D.C.
1015 15th Street, NW
Suite 600
Washington, DC 20005
t: 202.777.8999
f: 202.293.2849
Austin
6633 East Hwy 290
Suite 102
Austin, TX 78723
t: 512.879.1616
San Antonio
10127 Morocco
Street
Suite 149
San Antonio, TX
78216
About the Immigrant Legal Resource Center
The Immigrant Legal Resource Center (ILRC) works with immigrants, community organizations, legal
professionals, law enforcement, and policy makers to build a democratic society that values diversity and the
rights of all people. Through community education programs, legal training and technical assistance, and policy
development and advocacy, the ILRC’s mission is to protect and defend the fundamental rights of immigrant
families and communities.
Copyright © 2024 Immigrant Legal Resource Center
i DHS, U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration
Benefit Request Requirements, 89 Fed. Reg. 6194 (Jan. 31, 2024), https://www.govinfo.gov/content/pkg/FR2024-01-31/pdf/2024-01427.pdf.
Temporary Increase of the Automatic Extension Period of Employment Authorization and Documentation for Certain Employment Authorization Document Renewal Applicants
Today, the Department of Homeland Security announced a temporary final rule will be published on Monday, April 8, 2024, extending work permits for 540 days for immigrants whose work permit renewal applications are stuck in processing backlogs. You can read the rule here.
- Who benefits: The rule states that over 800,000 immigrants would lose their work authorization without this new extension! This includes asylum seekers, immigrants with pending green card applications or withholding of removal, refugees, and some TPS holders. The rule benefits individuals who applied for their work permit renewal any time on or after October 27, 2023.
- How long is the extension for: the extension will be for 540 days, meaning that when someone applies for a work permit renewal, they will get a receipt extending their work permit for 540 days!
- How long will the rule be in place for: Immigrants will benefit from this rule as long as USCIS receives the work permit renewal application on or before September 30, 2025. But the rule will stay on the federal register until September 20, 2027, accounting for the period of time it will take until the last 540-day extensions have expired.
- What about drivers’ licenses: This work permit extension can be used to extend immigrants’ access to drivers’ licenses. Immigrants will need to take their new receipts with the 540-day extension to the DMV to renew their drivers’ licenses.
For more information check out this article in The Hill: Biden extends some immigrant work permits, potentially saving thousands of jobs
From the Desk of the CEO: The Economic Argument for Welcoming Refugees and Immigrants
By Jeff Thielman, President and CEO at the International Institute of New England
For those of us who feel strongly about advocating for the rights and protections of refugees and immigrants, the reasons we do so are deeply human. Refugees and immigrants endure long and often dangerous journeys to the U.S. because they have no other choice. Reeling from recent trauma and arriving with very few resources and connections, individuals and families show extraordinary bravery and resilience. Welcoming and supporting them is a moral imperative.
However, in addition to the humanitarian reasons, there are clear economic reasons to embrace newcomers. Numerous recent reports have illuminated the critical role refugees and immigrants have historically played in growing our nation’s economy and the contributions they will make in the years to come. Read on to discover why welcoming immigrants to our communities is not only right in principle, but also the smart thing to do…
1. Refugees and immigrants strengthen our workforce by filling much-needed roles in a range of industries.
Nationwide, there are two open positions for every jobseeker – a labor gap that is expected to persist for years, as the economy recovers from the COVID-19 pandemic. The arrival of refugees and immigrants is critical to narrowing this gap. By filling roles in a range of industries, from healthcare to STEM, construction, environmental services, and more, newcomers bring skilled expertise and growth to our labor force.
Source: American Immigration Council
In addition, immigrants are highly entrepreneurial and start businesses at a much higher rate than U.S.–born residents. 22% of entrepreneurs nationwide—3.4 million people—were born outside of the U.S.
2. Immigrants more than pay back the initial support they receive.
While refugees and immigrants receive modest help from the government upon arrival, the economic contributions they go on to make far outweigh that initial support. When I speak with our clients, so often one of the first things they tell me is how eager they are to gain work authorization, find a job, and support their families. And you can see that in the numbers.
A new report found that from 2005-19, refugees and asylees paid more in taxes than the government spent on them. In addition, refugees and asylees who have been in the U.S. for ten or more years earn the same level of income, on average, as the general population, and because a larger portion of this population is of working age, refugees and asylees contribute more per capita than the U.S.–born population.
3. Without new arrivals, the population—and tax base—in many states would shrink.
Take Massachusetts, for example. Since 2020, the state has lost almost 110,000 residents. Out-migration is at its highest peak in 30 years. At the same time, the state’s population is aging, and the birth rate is declining. Meanwhile, just north in New Hampshire, while out-migration may not be a cause of concern, the average age of the state’s population is. As the second oldest state in the country, New Hampshire’s workforce is aging rapidly. Not only is there room in our country for people who arrive here seeking safety, we need them to ensure the growth of our economy.
• • •
Refugees and immigrants come to the U.S. when remaining in their home countries is no longer a viable option – because of fear of persecution, because of war, and because of immense, life-threatening dangers. When they do, in addition to deeply enriching the culture, society, and diversity of the communities they join, they help build a more prosperous future for us all.
However, in order to successfully integrate into their new communities, join the workforce, and reach their potential, refugees and immigrants need adequate early support. The International Institute of New England is dedicated to providing our clients with a strong foundation so they can go on to achieve their dreams and contribute to their new communities.
Immigration data for NH
Stats to Understand U.S. Immigration and Immigrants to the United States.
Review U.S. Census data on immigrants and the native born based on demographics (population and country of birth, age, Hispanic origin, children/ families); language and education (English proficiency and educational attainment, languages spoken at home); workforce (immigrants’ share of workers, top occupations and industries, skill underutilization of the college educated); and income (average incomes, poverty rates).
https://www.migrationpolicy.org/data/state-profiles/state/demographics/NH//
Sources: Migration Policy Institute tabulations of the U.S. Census Bureau’s American Community Survey (ACS) and Decennial Census. Unless stated otherwise, 2022 data are from the one-year ACS file. For information about ACS definitions, click here. For ACS methodology, sampling error, and nonsampling error, click here. Estimates from 1990 and 2000 Decennial Census data as well as ACS microdata are from Steven Ruggles, Sarah Flood, Matthew Sobek, Daniel Backman, Annie Chen, Grace Cooper, Stephanie Richards, Renae Rogers, and Megan Schouweiler. IPUMS USA: Version 14.0 [dataset]. Minneapolis, MN: IPUMS, 2023. https://doi.org/10.18128/D010.V14.0.
International Mother Language Day
International Mother Language Day is a worldwide annual observance held on 21 February to promote awareness of linguistic and cultural diversity and to promote multilingualism.