How to get to the U.S. with an expiring Green Card
How can I leave the U.S. with an expiring Green Card?
Question: I have heard that most things are taking longer at the United States Citizenship and Immigration Services. My problem is that I must renew my Green Card as it is expiring. However, my father is gravely ill and I want to visit him before he dies. What can I do?
Answer: First, if you leave the U.S. without having a valid Green Card, you will not be able to return to the U.S. and you will have very significant problems. You are correct that in that many applications at USCIS are taking longer. Just recently, U.S. Citizenship and Immigration Services (USCIS) announced the launch of the I-90 pilot project in Los Angeles that will reduce the wait time to replace or renew a permanent resident card or green card from a year to less than a week. The pilot project takes advantage of electronic filing of applications on the USCIS website offering persons such as yourself a convenient and simple-to-use alternative to mailing in applications for benefits.
“This pilot allows us to dramatically reduce the time it takes to process an application for renewal or replacement of a green card,” said Jane Arellano, Los Angeles District Director. “All it takes, once the applicant has filed electronically, is a visit to one of our Application Support Centers. Applicants get a new green card in less than a week, in most cases.” Customers wanting to take advantage of the new I-90 pilot can go to www.uscis.gov and file by using the E-Filing feature. The receipt that’s produced by that transaction shows a toll-free number that applicants can call to make an appointment at the USCIS Application Support Center (ASC) that is closest to them. During the visit, the ASC will order a permanent resident card for customers to receive in under a week. The current wait time for green cards to be produced by the USCIS California Service Center is just under one year. Customers who wish to speed up the process of an already-filed I-90 application can elect to re-file electronically, and participate in this new pilot program. Second-time filers will pay a second fee. “We are offering our customers a quicker and more convenient way of doing business,” said Jane Arellano, Los Angeles District Director. “This new pilot will allow us to offer the kind of service that our customers need and deserve.”
The I-90 pilot project in Los Angeles is one of several USCIS Internet-based customer service initiatives.
In March, USCIS also launched InfoPass in Los Angeles. This customer friendly initiative allows customers to go online instead of waiting in long lines at the Los Angeles District Office to make an appointment with an information officer. Before InfoPass, customers would start lining up at the USCIS office in Los Angeles early in the morning; some customers would wait all day. InfoPass means the end of long lines and has the potential to eliminate lines completely. InfoPass began in Miami and was also recently implemented in Dallas. USCIS plans to expand InfoPass in Arlington, VA, New York City, and Detroit.
Thus, in the computer age, CIS is finally taking advantage of the technology. Therefore, if there are no other issues in your case and you happen to live in the Los Angeles area, you can use this service. If it works, it is likely to spread over the entire U.S. as time passes. The same is true of InfoPass.
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Family and employment based applicants on the rise
The DOS offers an Annual Report of immigration visa applicants in both the family and employment based on preferential categories. The document reports the number of actual cases that were registered by the National Visa Center as of 11/1/09.
Conflicts in handling complaints against officers and advanced parole
Central Florida Chapter minutes from meeting with USCIS on 12/04/09. Questions on the Orlando Field Office email inquiry system, Infopass, expedited processing of advance parole, filing fee processing at the field office, procedures for handling complaints against officers.
Regulations regarding representation and conduct
Comments and discussion regarding question regarding guidelines of conduct in representation will be encouraged during conference. DHS issued an interim rule amending its regulations on representation and appearances by, and professional conduct of, practitioners in immigration practice. This interim rule is effective 3/4/10. Written comments must be submitted by 3/4/10.
Discussion regarding immigration reform and proposed 2011 budget for Homeland Security
National Immigration Forum summary of the immigration reform and related requests in President Obama’s proposed 2011 budget for the Department of Homeland Security. Discussion of immigration reform and changes in policy will also be discussed.
Marriage based visa denial proceedure
A seminar will begin this month to assist clients on how to proceed when a denial is issued a seminar will be provided. This seminar will discuss concrete strategies and advice on how to proceed when your marriage-based or fiancé(e) visa application is denied at the consulate. Registration is open until 11:59pm, Monday, February 7.
New regulation on applicant representation
In light of recent changes in policy USCIS issued a list of questions and answers on the new DHS regulation that clarifies who is authorized to represent applicants and petitioners in cases before DHS and updates in policy standards and disciplinary procedures for these immigration practitioners.
Adjustment of Status
An alien who is inadmissible under section 212(a)(9)(C)(i) of the
> Immigration and Nationality Act, 8 U.S.C. § 1182(a)(9)(C)(i) (2006), is
> ineligible for adjustment of status under section 245(i) of the Act, 8 U.S.C.
> § 1255(i) (2006). Matter of Briones, 24 I&N Dec.355 (BIA 2007), reaffirmed.
One Year Asylum Issue
(1) An alien does not receive an automatic 1-year extension in which to
> file an asylum application following “changed circumstances” under
> section 208(a)(2)(D) of the Immigration and Nationality Act, 8 U.S.C. §
> 1158(a)(2)(D) (2006).
> (2) Under 8 C.F.R. § 1208.4(a)(4)(ii) (2010), the particular circumstances
> related to delays in filing an asylum application must be evaluated to determine
> whether the application was filed “within a reasonable period given those
> ‘changed circumstances.’”
Inadmissible Aliens
An alien who is inadmissible under section 212(a)(9)(C)(i) of the
> Immigration and Nationality Act, 8 U.S.C. § 1182(a)(9)(C)(i) (2006), is
> ineligible for adjustment of status under section 245(i) of the Act, 8 U.S.C.
> § 1255(i) (2006). Matter of Briones, 24 I&N Dec.355 (BIA 2007), reaffirmed.
Businesses subject to punishment with new protection act
In light of recent cases involving fraud and false employment records by businesses CA10 reversed grant of summary judgment against enforcement of §7(B) of OK Taxpayer and Citizen Protection Act of 2007, which forces businesses to use Basic Pilot on pain of debarment from contracting with public employers.
