FAQs: US Visa & Social Media: What you need to know about new screening policies and their impact
Community members and our lawyer colleagues have shared their stories. It appears:
1. The NTAs are getting resolved quickly, where you are still in the grace period and/or have a B-type petition pending. Motions to terminate are working.
2. The hearing dates are also being given in a few days or weeks.
3. The percentage of NTAs is relatively small.
Can I receive a Notice to Appear (NTA) for deportation even if I have legal immigration status or a pending application?
This question is particularly important because continued accrual of unlawful presence during removal proceedings can trigger the three-year or ten-year bars, severely limiting future immigration options.
General Rule: Yes, Unlawful Presence Continues
Aliens who are physically present in the United States already are allowed to immigrate without leaving the United States to apply for an immigrant visa. This process is called Adjustment of Status (AOS). The USCIS will permit an application for AOS to be filed only if an immigrant visa is immediately available to the alien. Section 245(a) of the Immigration and Nationality Act (INA) governs the general AOS provisions.
Statement from Secretary of Homeland Security Janet Napolitano:
UNCLASSIFIED
STATE
00112850
AUG 13
SUBJECT: NEXT STEPS ON DOMA
GUIDANCE FOR POSTS
Beginning September 9, 2013, USCIS will employ a new verification tool called Customer Identity Verification (CIV) in its field offices. Customers will now submit biometric data, specifically fingerprints and photographs, when appearing at USCIS offices for interviews or to receive evidence of an immigration benefit.
This policy memorandum (PM) temporarily extends the validity of civil surgeon endorsements on Form I-693 for adjustment of status and temporary residence applicants.This PM updates the Adjudicator’s Field Manual (AFM) by revising Chapter 40.1(c), (AFM Update AD 13-13). The guidance contained in this PM is controlling and supersedes any prior guidance on the subject.
Click the attachment to read more about the memorandum.
This policy memorandum (PM) provides guidance on the adjudication of Form I-485, Application to Register or Adjust Status, filed by immediate relatives of U.S. citizens who were last admitted under the Visa Waiver Program (VWP). This PM updates the Adjudicator’s Field Manual (AFM) by adding a new section (j) to Chapter 10.3 and 23.5 (AFM Update AD11-30).
For more details on the memorandum please click the attachment
The main applicant and his wife filed their I-485 petitions together. At the time of filing, the wife was pregnant.
Here is my journey thus far:
GC holder since March 21, 2008 (married to U.S. citizen since 1997)
6/11/12: N-400 sent via UPS to Lewisville, TX
6/12/12: N-400 delivered
6/13/12: NOA received (Priority Date: 06/12/12)
7/18/12: FP notice recd
8/09/12: FP scheduled - Done
9/04/12: In line for Interview scheduling
10/12/12: NOA received, Interview scheduled
14/01/13: Interview Done, N-14 "Request for evidence" given to me
New - Q1: What is deferred action?
I went for my interview, which went well. No surprises with a nice officer.
The common, have you ever questions...no no no no!
We were asked about the spouse's siblings,our honeymoon, when and how we met, how long we'd been dating before marriage, but nothing tricky.
Quite easy I would say.
The officer checked Id's, last taxreturn with W-2s, updated address (because we moved), marriage cert.