USCIS is considering changes that would allow certain immediate relatives (the spouse, children or parents of a U.S. citizen) who can demonstrate extreme hardship to a U.S. citizen spouse or parent to receive a provisional waiver of the unlawful presence bars before leaving the United States.
Release Date
06/14/2024
Effective June 14, 2024, USCIS has updated the USCIS Policy Manual, Volume 5, Part D, to clarify how prospective adoptive parents can adopt a child under the Hague Adoption Convention.
This update (PDF, 324.66 KB) consolidates and clarifies existing guidance to provide clear requirements for the Hague process. The update:
I had my interview at 1:30 at Fairfax VA. Had printed my family picture at 12:50 on the way to interview it was heavy rain and reached there nick of time. We were called by an African American lady after 5 minutes after giving our oath she asked our ID and then got sign the waiver as our attorney was not with us. she asked question from my I-485 and she was very polite and calm everything was going smooth then she turn to my husband and ask about my date of birth which he forgot for few second and the then told her.
The Cambodian government has indicated that it intends to begin accepting intercountry adoption petitions on Jan. 1, 2013. Cambodia joined the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (the Hague Adoption Convention) on Aug. 1, 2007.
On January 2nd, 2013, U.S. Citizenship and Immigration Services (USCIS) announced that certain immediate relatives of U.S. citizens present in the United States without a visa, who are in the process of seeking immigrant visas to become lawful U.S. permanent residents, may apply and be approved for provisional unlawful presence waivers before departing the United States to attend their immigrant visa interviews. USCIS will begin accepting provisional unlawful presence waivers on March 4th, 2013.
On August 1, 2012, Fiji joined the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention). However, the Department of State (State) has determined that Fiji does not yet have a fully functional convention process in place. State consular officers cannot certify that adoption decrees or custody orders obtained in Fiji for a child who is a resident of Fiji have been issued in compliance with the Hague Adoption Convention. Without this certification, U.S.
I am a US citizen. I am planning to file an I-130 in January 2025 for my mom, who is currently residing in India. She plans to visit us in July 2025 (on her visitor visa, valid until Feb 2026). Can she travel to the US while the I-130 has been filed and is pending? What additional preparation/papers would she need if this is an issue? I have heard cases of denied entries in similar cases. I thought of postponing the I-130 until after her US visit next year, but I fear the process may slow down under the new administration. Please advise what would be the right thing to do since we would like for her to visit us in 2025.
If you are filing an I-130 for your parent, they can generally travel to the U.S. on a visitor visa while the petition is pending. Theoretically, they could face issues at entry due to the pending green card application, but in practice, parents of U.S. citizens are rarely stopped for this reason.
To reduce the risk of being denied entry, consider having your parent use an immigration pre-clearance airport, like Abu Dhabi or Dublin, so they can return home easily if denied. While past practices suggest minimal issues, policies could change, especially under unpredictable administrations.
IMMIGRATION INNOVATION (I2) ACT OF 2013
ORRIN HATCH (R-UTAH), AMY KLOBUCHAR (D-MINN.), MARCO RUBIO (R-FLA.), CHRIS COONS (D-DEL.)
Employment-Based Nonimmigrant H-1B Visas
1. Increase H-1B cap from 65,000 to 115,000
2. Establish a market-based H-1B escalator, so that the cap can adjust – up or down – to the demands of the economy (includes a 300,000 ceiling on the ability of the escalator to move)
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Media Note
Office of the Spokesperson
Washington, DC
July 2, 2012
Special Advisor for Children’s Issues Ambassador Susan Jacobs is visiting Guatemala from July 1-3 as part of a Congressional Delegation led by Senator Mary Landrieu. The delegation, which includes officials from the United States Citizenship and Immigration Services (USCIS), is meeting with Guatemalan officials to discuss progress in resolving the remaining intercountry adoption transition cases.
On July 1, 2012, Montenegro became a party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention). However, the Department of State (DOS) has determined that Montenegro does not yet have a fully functional Convention process in place. DOS consular officers are unable to certify that adoption decrees or custody orders obtained in Montenegro for a child habitually resident in Montenegro have been issued in compliance with the Hague Adoption Convention. Without this certification, U.S.
USCIS interim policy memo for comment on amending the Adjudicator's Field Manual to provide further guidance on whether an “adoption” is valid for immigration purposes.
USCIS seeks input on the interim policy memos listed below.
My father is a green card holder (five years, three months now). He has spent 33 months in the US in the last five years and for 6 months every calendar year. The issue is that on two of his most recent trips, he was out of the US for nine months, six weeks, and 11 days.
He has always been retired and has not held a job in the US or abroad. His daughter and family continued to stay in the US during these trips. He does not own a house in the US but stays with his daughter and her family and continues to have access to that residence during these trips. He does own property in India and has continued to hold that same property over the last five years. His trips abroad were to visit his other children.
What are the rough chances of "rebutting the presumption of break of continuous presence", if he applies for naturalization, despite these two trips of 9 months and 6 months two weeks ? Would you recommend going through a lawyer ?
Regarding the 9-month absence that is being questioned, if he doesn't own a house but still has access to the residence, it should be acceptable as long as there's a valid explanation for his absence of more than six months. This situation has occurred before. For example, if he couldn't return due to reasons like COVID-19, health issues, or similar circumstances, as long as these reasons are clearly explained, it should be acceptable.
Regarding the 9-month absence being questioned, if he doesn't own a house but still has access to the residence, it should be acceptable if there's a valid explanation for his absence of more than six months. This situation has occurred before. For example, if he couldn't return due to reasons like COVID-19, health issues, or similar circumstances, it should be acceptable if these reasons are clearly explained.
A permanent resident card or green card (USCIS Form I-551) is proof of your permanent resident status in the United States. It also serves as a valid identification document and proof that you are eligible to live and work in the United States. Although some, green cards contain no expiration date, most are valid for 10 years. If you have been granted conditional permanent resident status, the card is valid for 2 years.