USCIS updates

This week, let us keep abreast of the latest policies issued by USCIS that would affect most of our immigrants and those who intend to come.

First, there is now an updated guidance clarifying how US citizenship and naturalization provisions apply to adopted children. The new guidelines now prescribe requirements for adopted children to meet the definition of a child for citizenship and naturalization purposes, including having an adoption that is considered full, final, and complete for immigration purposes. It also explains eligibility for US citizenship for adopted children who reside in the United States and how to obtain a Certificate of Citizenship as well as eligibility for US citizenship for adopted children who reside outside of the United States and how to apply for citizenship and issuance of a certificate. Lastly, it provides guidance on the acquisition of citizenship and naturalization when an adoption is disrupted or dissolved.

Some children immigrating based on adoption automatically acquire US citizenship when they are admitted to the United States as lawful permanent residents. Others do not, and their adoptive parents need to take additional steps before an adopted child turns 18 years of age for the child to obtain US citizenship through an adoptive parent. Adoptees who do not obtain citizenship through their adoptive parents before turning 18 may be eligible to apply for naturalization after the age of 18.

Another update is that USCIS has extended the temporary suspension of the biometrics submission requirement for certain applicants filing Form I-539, Application to Extend/Change Nonimmigrant Status, requesting an extension of stay in or change of status to H-4, L-2, or E nonimmigrant status. It previously announced suspension which took place until May 17, 2023, has now been extended through Sept. 30, 2023.

USCIS is allowing adjudications for those specific categories to proceed based on biographic information and related background checks, without capturing fingerprints and a photograph. However, on a case-by-case basis, at its discretion, it may require biometrics for any applicant, and applicants may be scheduled for an application support center appointment to submit biometrics.

As a reminder, if you are a Form I-539 applicant meeting the biometrics suspension criteria, you don’t need to submit the $85 biometric services fee for Form I-539 during the suspension period. USCIS will return a biometric services fee if submitted separately from the base fee and will reject paper Form I-539 applications if you meet the above criteria and submit a single payment covering both the filing fee and the $85 biometrics services fee. If it rejects the paper application because you included the $85 biometrics service fee, you will need to re-file Form I-539 without the biometric services fee.

This is important because the timing of filing a Form I-539 is crucial. If you file it wrongly, it could affect your ability to change or extend status.

Lastly, there is an updated Visa Bulletin for May 2023 which shows retrogression in some visa categories specifically affecting Philippines. I will discuss it next week as the topic of retrogression requires a more thorough and lengthy explanation.

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Let me also greet our readers who are practicing Muslims a belated happy Eid Al-Fitr. I have never really fully understood this holiday until my Muslim clients explained to me why it is such a very important day for them. Next year, I will make it a point to attend a client's long-standing invitation to attend their family's gathering. I cannot wait to experience that holiday first-hand and share the celebration with our Muslim brothers and sisters.