Smart Law Blog

In response to the coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services is extending the flexibilities it announced on March 30, 2020, to assist applicants and petitioners who are responding to certain:

• Requests for Evidence;
• Continuations to Request Evidence (N-14);
• Notices of Intent to Deny;
• Notices of Intent to Revoke;
• Notices of Intent to Rescind and Notices of Intent to Terminate regional investment centers;
• Filing date requirements for Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA); or
• Filing date requirements for Form I-290B, Notice of Appeal or Motion.

Notice/Request/Decision Issuance Date:

This flexibility applies to the above documents if the issuance date listed on the request, notice or decision is between March 1 and Sept. 11, 2020, inclusive. 

Response Due Date:

USCIS will consider a response to the above requests and notices received within 60 calendar days after the response due date set in the request or notice before taking any action. We will consider a Form N-336 or Form I-290B received up to 60 calendar days from the date of the decision before we take any action.

We are adopting several measures to protect our workforce and community and to minimize the immigration consequences for those seeking immigration benefits during this time. 

USCIS will provide further updates as the situation develops and will continue to follow CDC guidance. Education and precautions are the strongest tools against COVID-19 infection. Please visit uscis.gov/coronavirus for USCIS updates.

An eligible family member can sponsor a foreign national for an immigrant visa, which can then be used to obtain a Lawful Permanent Resident (“LPR”) Card, more colloquially known as a “Green Card”.

The application starts with the USCIS Form I-130, “Petition for Alien Relative”. The individual sponsoring her family members, known as a “petitioner” must file a separate I-130 for each eligible family member, or “beneficiary”. The petitioner must either be a United States citizen, or an LPR of the United States, and the sponsoring. Eligible family member beneficiaries include:

Lawful Permanent Residents:
– Spouse
– Unmarried children under age 21, and
– Unmarried children over age 21

US Citizens:
– Spouse
– Unmarried children under age 21
– Unmarried children over age 21
– Married children of any age
– Mother or father (US Citizen must be age 21 or older), and
– Brothers or sisters (US Citizen must be age 21 or older)

In addition to the eligibility requirements above, the US limits the number of family-based migrants based on country of origin. When combined with a strong demand for immigrant visas, receiving an immigrant visa may take years, or even decades. Moreover, the number of migrants from mainland China, India, Mexico and the Philippines is greater than other countries. For example, a US Citizen petitioning for his unmarried daughter from Mexico will need to wait twelve years for an immigrant visa to be available, versus eight years for one filing a petitioner for his unmarried daughter from France. This information is found in the State Department’s Monthly Visa Bulletin.

An exception to the family-based limits above are “immediate relatives” of US Citizens. These include a US Citizen’s spouse, children under age 21, and their parents if the US citizen is age 21 or older.

Note, in recent years US immigration laws change rapidly. It’s important to talk to an experienced immigration lawyer to know what immigration law options may be available to you at the time. Contact SmartLaw to talk with an experienced lawyer about your immigration law matter.