Immigration Law – Polaris Law Group, Fairbanks & North Pole

USCIS Issues Updates on Form I-693, Report of Immigration Medical Examination and Vaccination Record.

Italia A. Carson, Esq. — Sat, 14 Dec 2024 04:35:23 +0000

Immigration Medical Exam Now Must Be Submitted with Application to Adjust Status in the US. On December 2, 2024, US Citizenship and Immigration Services (USCIS) announced a change in the filing of Form I-693 when seeking to adjust status or register permanent residence in the US through Form I-485. Now, applicants required to submit a completed medical examination or vaccination record via the completed Form I-693 must file it concurrently with Form I-485. In an effort to reduce the necessity of Requests for Evidence that simply direct the applicant to submit the completed, sealed Form I-693, Report of Immigration Medical Examination and Vaccination Record, now the forms must be submitted together or risk rejection of the I-485. If you are required to submit the I-693 with your I-485, we recommend making your appointment with a USCIS-approved “civil surgeon” at least 30 to 45 days before the projected filing date of Form I-485. In Fairbanks and Delta Junction, there is only one approved Civil Surgeon; however, U.S. Veterans, U.S. military servicemembers and designated dependents may be able to complete the medical examination with a military physician at a military treatment facility within the US. For more information, contact us for a free 15-minute Zoom consultation on your immigration matter.

Earlier this year, USCIS announced Form I-693, properly completed and signed by a civil surgeon or military physician on or after November 1, 2023, does not expire and can be used “indefinitely” as evidence proving the applicant is not inadmissible to the United States on the basis of health status.

USCIS to Increase Filing Fees on April Fools Day!

Italia A. Carson, Esq. — Fri, 02 Feb 2024 04:39:12 +0000

Two days ago, on January 30th, USCIS announced an increase of up to 26% for certain filing fees, especially those associated with family-based immigration benefit applications (e.g., I-130, I-485, I-751, etc.). The fees will be applied to certain forms that are postmarked on or after April 1, 2024. For instance, the filing fee for a K-1 Fiancé(e) visa will increase by $140 from $535 to $720. The filing fee for the I-130 to petition for an alien relative will increase from $535 to $625 (17% increase), if filing online, and to $675 (26% increase), if filing by paper. More importantly, filing to adjust status in the US via the I-485 will increase from the current $1,225 (includes $85 biometrics fee) to $1,440 (18% increase). Also, now when adjusting status in the US and applying for employment authorization and advance parole, you’ll pay an additional fee of $260 for the I-765 (employment authorization) and a new fee of $630 for the I-131 to get advance parole to travel pending receipt of your green card. All told, to adjust status will be $2,955 (from the current $1,760) for the agency filing fees, alone. If you’re planning to file for an immigration benefit, and the filing fees for your forms will increase April 1^st, PLGPC recommends you get your documents filed as soon as possible. Contact our office to discuss our expedited services to beat the April 1^st fee increase deadline.

PLGPC Approved as Certified Acceptance Agent (CAA) for ITIN and EIN Foreign Applicants in Alaska

Italia A. Carson, Esq. — Sun, 25 Jun 2023 05:45:55 +0000

PLGPC recently became the Interior’s only Certifying Acceptance Agent (CAA) authorized to act on behalf of foreign persons applying for an Individual Taxpayer Identification Number or ITIN via Form W-7 or Employer Identification Number (EIN) via Form SS-4. Foreign nationals, who have a valid tax filing requirement need an ITIN or EIN if they are not eligible for a Social Security Number (SSN). To apply for an ITIN or EIN, original identity documents must be sent to the IRS, who will return them within 60 days through the U.S. Postal Service. To avoid this delay and the risk of loss or damage of your original documents, foreign nationals can bring their original identity documents to PLGPC as an IRS CAA. We will verify your identity and foreign national status via your original documentation within 2-3 days. Once verified, PLGPC will submit copies of the identity document(s) along with the Form W-7 Certificate of Accuracy to the IRS as proof we have reviewed and verified the original documentation for your ITIN or EIN application. Currently, there are 12 types of documents a CAA may authenticate for an ITIN or EIN application. Also, we will explain and help you prepare the Form W-7 or Form SS-4 and ensure the required documentary evidence is complete and correct. We will submit your completed federal tax return along with the W-7 or SS-4 and copies of your identity document(s) to the IRS. Once approved, the IRS will send the Form 9844, ITIN notice, to our office, and we will provide the original to the applicant.

PLGPC is the only CAA located in Alaska’s Interior providing this service to foreign persons. Because a completed federal income tax return must accompany the W-7, please visit your tax preparer before seeking ITIN CAA services from us. PLGPC does not provide income tax return preparation services.

Obtaining an ITIN or EIN does not confer an immigration status on a foreign national applicant. But, having an ITIN can facilitate the process of applying for an immigration benefit by providing much needed evidence of marriage bona fides, for instance. Talk to one of our immigration attorneys about the benefits of an ITIN in your family-based immigration case.

Marriage Fraud Hurts All Immigrants

Italia A. Carson, Esq. — Sat, 06 Aug 2022 03:36:00 +0000

Recently, a JBER Soldier and his foreign national wife were found by the DOJ to have engaged in a fraudulent marriage scheme that involved applying and obtaining dependent and immigration benefits from the federal government. The couple fabricated evidence to show they were in a real marriage and misrepresented their relationship in forms submitted to the USCIS to obtain immigration benefits for the foreign national. Meanwhile, the Soldier sought financial benefits of having a dependent spouse by applying and receiving over $92K in housing and dependent allowances despite the couple never having lived together. Unfortunately, this all-too-common story plays out repeatedly in the Departments of Defense, Homeland Defense, and sometimes State: Military member meets or is recruited by foreign national looking to circumvent the Immigration and Nationality Act by obtaining immigration benefits for which the foreign national may not be entitled. In return for participating in the scheme, the military member receives financial benefits such as cash or property from the foreign national as well as family benefits from the DOD. Oftentimes these cases take months and years of undercover investigation, but when they are finally reported in the media post-conviction or via plea agreement, you can hear an audible and collective groan from the immigration law community. Abuses of our immigration laws such as engaging in marriage fraud hurt honest immigrant applicants by casting unfair doubt and suspicion on all military marriages involving a foreign national spouse. The outcome of these abuses means immigrant military couples must produce evidence of marriage bona fides over and above what would be expected from the average petitioner and beneficiary. These cases further serve to validate the need for a cautious, detailed, and thorough approach by immigration lawyers when building client petition packets. Clients and immigration counsel and paralegals should strive to fill the packet with as many supporting documents as are available to show marriage bona fides to the USCIS and the DOS. Doing the heavy lifting up front before filing the petition packet means there is less likelihood of receiving a request for evidence or experiencing longer than normal processing times. For this reason, PLGPC provides it immigration clients with a long list of examples of marital evidence USCIS immigration officers expect to see in a petition packet. We work to create and submit the strongest petition packets possible so our clients’ applications will be processed by or earlier than typical processing times at services centers and transferred to field offices for interviews. Family-based immigration is a long and tedious process causing stress and anxiety on the foreign national beneficiary, the petitioning US Citizen or Lawful Permanent Resident, and their family and friends. Keeping your eyes focused on the desired end state means having patience and stamina during the process and working with your immigration legal team to submit the best and strongest evidence in your favor.

Don’t be afraid to ask . . . USCIS to expedite your immigration case!

Italia A. Carson, Esq. — Sat, 11 Jun 2022 04:31:01 +0000

In the past six months, we’ve been successful getting our clients’ cases moved ahead of the pack by asking USCIS for expedited processing and providing strong evidence to support the agency’s approval of this discretionary action. Many immigration lawyers in Alaska and the Lower 48 discourage clients from seeking “expedited adjudication” of their cases arguing that it’s a waste of time because it’s never granted. But, you have nothing to lose by asking! It’s free, and even if your request is denied, you don’t lose your place in line. Arguably, USCIS sparingly grants requests for expedited adjudication of immigration benefits, which are evaluated on a case-by-case basis. The agency has “sole discretion” on whether to consider such requests, and when it does, it carefully weighs “the urgency and merit of each expedite request.” There are five, broad bases under which USCIS will exercise this discretionary authority: Severe financial loss to a business or person; emergencies and urgent humanitarian reasons; nonprofit organization requests in furtherance of cultural or social interests of the US; federal government interests; and clear error on the part of USCIS. Making this request is a fairly simple process: call USCIS’s Contact Center at 1-800-375-5283 or use its online intake service named “Emma” (the former is recommended). You’ll need to have the I-797C receipt number for the form submitted handy and be prepared to briefly state why you think your petition or application warrants consideration under one of the five bases ahead of other cases filed before yours. It’s extremely important to get the expedited request reference number provided to you by the representative over the phone. You may get an email within 1 to 7 days asking for supporting documents to be sent to the service center processing the file, and you will want to make sure your cover letter has this reference number in the subject line. Even if you don’t hear from the USCIS, go ahead and send a follow-up letter with the information supporting your request. Again, nothing ventured, nothing gained. If you think your immigration file merits requesting expedited processing, give us a call so we can help you, too.

I-693 Signed Earlier Than 60 Days Before Applying for an Immigration Benefit?

Italia A. Carson, Esq. — Thu, 09 Dec 2021 20:06:54 +0000

No problem! USCIS will accept it, for now. Today, USCIS announced it is waiving, temporarily, the requirement that the I-693 be signed by a civil surgeon no earlier than 60 days before filing for an immigration benefit (e.g., I-485 to adjust your status while you are present in the United States). That means if you already had your required medical exam with a USCIS-approved civil surgeon (includes military physicians at Fort Wainwright or Eielson Air Force Base) and the I-693 was signed and returned to you in a sealed envelope more than 60 days before you submitted your immigration application package, USCIS will accept it as valid and will not consider it expired and send you a deficiency notice months into the processing of your case. This extension is good news for those who paid the fee for the required medical examination only to run into delays in completing and submitting the immigration application to the USCIS. This waiver is valid until September 30, 2022. In a similar move earlier this year, USCIS temporarily extended the validity of the signed I-693 from two years to four years for certain applications in an effort to mitigate the delays applicants and beneficiaries were suffering under the COVID-19 pandemic. For more information about U.S. immigration benefits, visit our website at https://polarislawgroupak.com/immigration-laws-services/ or schedule a free, 15-minute consultation by visiting our “Contact” page https://polarislawgroupak.com/contact/ or clicking on this link: https://calendly.com/polarislawgroupak/15min

When Updating Your Address with the USCIS Isn’t Enough.

Italia A. Carson, Esq. — Sun, 21 Nov 2021 04:15:13 +0000

Immigration Law practitioners emphasize to their clients, early and often, the need to keep the U.S. Citizenship and Immigration Services (“USCIS”) informed within ten days of any address change. Non-U.S. Citizens over the age of 14 in the United States for thirty days or longer are required to register and submit biometrics to the Department of Homeland Security within thirty days of entry. Also, Aliens must comply with section 265 of the Immigration and Nationality Act (“INA”), codified at 8 U.S.C. § 1305, regarding the 10-day notice of any changes in address. Failure to do so may lead to such devastating results as denial of immigration benefits, fines, imprisonment, or removal from the United States, possibly with a lengthy bar to re-entry. Because of the dramatic consequences of noncompliance, USCIS expressly warns: “Changing your address with the U.S. Postal Services (USPS) will not change your address with USCIS . . . . ” All this can be avoided by changing your address online through an existing USCIS online account or by completing the AR-11 and submitting it to USCIS. But even this action may not be enough to prevent mail sent to you by USCIS from being returned as undeliverable and triggering an inquiry into your current address and compliance with section 265 of the INA by the USCIS. Mail delivery is especially problematic in Alaska, where the USPS has contracted out many delivery services and residential mailboxes may be located a few miles from the actual residence. You won’t know when the USPS carrier doesn’t deliver mail to your mailbox but returns it to the sender. Recently, one of our clients, who married a U.S. Citizen (“USC”) and moved into the USC’s residence before applying for immigration benefits, had important correspondence from the USCIS returned as undeliverable. Because our client had received USCIS correspondence in the past at this address, it was surprising when USCIS notified us of the returned correspondence and assumed there had been an unreported change in address by the applicant. It’s not surprising correspondence returned to USCIS resulted in an inquiry as to the applicant’s current address and compliance with section 265 of the INA during the pendency of the application packet. We guessed the notice was probably returned by a new mail carrier, who did not recognize our client’s name as a person living at the residential address on the envelope. To ensure the USPS carrier didn’t repeat this practice, we talked to the local USPS and were advised that a change of address may not be enough. Instead, our client needed to complete a “New Resident” card and place it in the mailbox so the local carrier on the route would know our client resides and receives mail at the address. If you recently married a USC and established your marital residence in Alaska, you should obtain from the nearest Post Office and complete a “New Resident” card and place it your residence’s mailbox. This act, coupled with submitting a completed USPS Change of Address Form PS3575 to the USPS, will prevent from mail properly addressed to you at a new residential address from being returned to the sender in error. During the pendency of an immigration application, the last thing you want is to have your case processing delayed by something as simple as returned mail. At the very least, you will have to respond to USCIS assuring it of your current address and compliance with the INA. For a free, initial consultation on your immigration matter, contact PLGPC at 907.885.6619, info@polarislawgroupak.com, or our office in North Pole. You can also complete a Client Intake Form and schedule a consultation on our website by visiting us at https://polarislawgroupak.com/contact/

USCIS ANCHORAGE FIELD OFFICE WELCOMES NEW DIRECTOR

Italia A. Carson, Esq. — Wed, 10 Nov 2021 20:55:55 +0000

After the May 2021 departure of USCIS Field Office Interim Director Steven B. Corley, USCIS has named Arvind Ramakrishnan to the post as its permanent head. Director Ramakrishnan has invited Alaska Bar members of the Immigration Law Section to meet in December 2021 for discussions on building positive relationships between and among stakeholders. The Anchorage Field Office boasts one of the fastest processing times among USCIS’s over 200 field offices, and Alaska immigration lawyers hope Director Ramakrishnan will adopt best practices to sustain and increase these desirable metrics. PLGPC welcomes the opportunity for a continuing, open dialogue with the USCIS Anchorage Field Office to ensure fair and expeditious processing of our clients’ immigration cases in Alaska. You can read more about USCIS Field Offices at https://www.uscis.gov/about-us/find-a-uscis-office/field-offices. For a free, initial consultation on your immigration matter, contact PLGPC at 907.885.6619, info@polarislawgroupak.com or https://polarislawgroupak.com/contact/

Why Your Immigration Documents May Need An Apostille

Italia A. Carson, Esq. — Sun, 26 Sep 2021 01:55:08 +0000

Recently, we assisted an immigration client in Oklahoma with obtaining identity documents needed to meet the legal requirements to marry his fiancée in another country. The country required each of the documents, which included the U.S. citizen’s birth certificate and divorce decree, be authenticated by an apostille. While the process was not overly burdensome, it brought up some questions as to what exactly it was and why it was needed. An apostille is “an official certificate from a government that makes a document from one country acceptable in another . . . .” This requirement often is confused with a notary public’s “true certified copies,” which is not the equivalent or an alternative to an apostille. It also may seem redundant when documents obtained from a government agency or office or through a clerk of court typically contain official seals and other certifications attesting to their authenticity. An apostille of a state or federal document, however, provides it with the requisite recognition to be accepted as true and authentic by one of over 110 nation signatories to the 1961 Hague Convention Treaty on legalization of foreign public documents. A country that is a member of the 1961 Hague Convention agrees to recognize another member’s official documents containing seals and signatures of its public officials when accompanied by the authenticating apostille. Although it means an extra step, providing an apostille for a foreign document streamlines what was once a long and complicated process of authenticating a document for acceptance by another country. In Alaska, official documents can be apostilled through the Office of the Lt. Governor for $5.00 per certificate. Commercial businesses also offer this service, but the fees may vary. If you have questions or need advice about authenticating documents through the apostille process for acceptance by another country or the U.S. Department of State, contact our office for assistance.

USCIS Updates Guidance to Require COVID-19 Vax for Green Cards

Italia A. Carson, Esq. — Mon, 20 Sep 2021 21:37:51 +0000

Green Card and other applicants for U.S. immigration benefits must show proof of full COVID-19 vaccinations starting October 1, 2021. On September 14, 2021, USCIS announced a policy update requiring all applicants for immigration benefits and others “deemed necessary” and needing a medical examination as part of their immigration or nonimmigration petition packet “must be fully vaccinated against COVID-19” prior to a USCIS-approved civil surgeon signing off on the I-693. Most immigration petition packets for lawful permanent residence and other nonimmigration categories require a medical examination before attending an interview with a DHS immigration officer or State Department official to complete the LPR or Visa process. Applicants can submit a vaccine waiver, but USCIS maintains full discretion in denying or granting such waivers. Applicants are encouraged to visit USCIS’s website about the recent policy change. Call us today to discuss your immigration law needs.