Month: December 2022

by Caroline Lee Caroline Lee No Comments

New Version of Form I-485 to Take Effect, Incorporating Final Public Charge Rule

Beginning on December 23, 2022, applicants filing for adjustment of status to permanent resident in the United States must use the 12/23/22 version for Form I-485. Per U.S. Citizenship and Immigration Services, the new version of the I-485 is revised to incorporate questions that address and implement the Department of Homeland Security’s final rule on the public charge ground of inadmissibility. Public charge inquiries are intended to determine whether an applicant for permanent residence is likely to become a public charge, or reliant on the United States government for financial assistance. The DHS final rule was published on September 9, 2022, and was intended to provide clarity and consistency for noncitizens on how DHS will administer the public charge ground of inadmissibility.

The public charge ground of inadmissibility has waxed and waned over the years in terms of its importance to the overall adjudication of permanent residence applications, but a public charge inquiry for applicants remains a central component of permanent residence applications. If you have questions about the effect of the new DHS rule on public charge on your permanent residence process, please reach out to our office to schedule a consultation today!

by Breanne Johnson Breanne Johnson No Comments

Expiring Green Cards will be Automatically Extended if You’ve Applied for Naturalization

Starting this week U.S. Citizenship and Immigration Services (USCIS) has updated its policy to automatically extend the validity of permanent resident cards (also called green cards) for individuals who have applied to become U.S. citizens.

This change in policy is a welcome change as it alleviates the need for naturalization applicants to file an extra application, the I-90, to renew their green card while they’re in the process of naturalizing. This automatic extension will apply to all applicants who file Form N-400 on or after Dec. 12, 2022. As a result of longer than normal processing times, many applicants for naturalization were finding themselves needing to renew their green cards while they waited for USCIS to adjudicate their naturalization cases. With a filing fee of $540, this need to file the I-90 was a costly and frustrating extra expense for many lawful permanent residents who were in the process of becoming US citizens.

Lawful permanent residents who submit their naturalization application on or after December 12, 2022 will receive this extension automatically. USCIS plans to update the language on the N-400 receipt notice to make clear that the naturalization applicant’s green card is automatically extended for up to 24 months. This N-400 receipt notice can then be shown along with the expired green card as evidence of continued employment authorization for I-9 purposes.