USCIS recently announced they increased the automatic extension period of work permits/employment authorization cards (“EAD”) for certain applicants. In May, USCIS announced a Temporary Final Rule that increases the automatic extension period for EAD cards and Employment Authorization Documents for certain applicants up to 540 days. “As USCIS works to address pending EAD caseloads, the […]
Read MoreUSCIS Extends Flexibility for Responding to Requests (RFEs, NOIDs, Denials and Appeals) as well as Updates Guidelines on Validity Periods for Certain EAD (Work) Cards
Recently, USCIS again granted extensions for responding to their requests. For any Request for Evidence (RFE), Notice of Intent to Deny (NOID), Appeal or other agency requests, USCIS will consider a response to the above requests and notices timely if received within 60 calendar days after the response due date. This applies to agency requests […]
Read MoreUpdate to Marijuana Statutes and Expungement Under New York State Law
Under New York State Law, some marijuana possession charges are automatically expunged from your record. Under the new law, charges that are eligible for expungement are expanded. Other charges require a motion to be submitted. Expungement means that the arrest, the court case, and the conviction are treated as if they never happened. For a […]
Read MoreUSCIS Allows Employment Authorization for Individuals Covered by Deferred Enforced Departure for Hong Kong Residents
U.S. Citizenship and Immigration Services (USCIS) recently issued a Federal Register notice. It includes information on how to apply for employment authorization for eligible Hong Kong residents. This is covered under the president’s Aug. 5, 2021 memorandum directing Deferred Enforced Departure (DED) for 18 months, through Feb. 5, 2023. DED for Hong Kong residents applies only to certain […]
Read MoreNew York City Fair Chance Act (NYFCA) adds protections for individuals with criminal records.
In 2015, NYC passed the NYFCA that prohibited employers from inquiring about a potential employee’s criminal record before a job offer. An employer could not rescind an offer based on a prior conviction without undertaking a “Fair Chance Process”. This processing including balancing factors in Article 23-A of the New York Corrections Law. If a […]
Read MoreNew York Court System Requires Masks Again Effective August 13, 2021
The New York State Courts Administrative Judge recently revised mask-wearing guidance for NY Courts. New York State is currently listed as an area of substantial or high transmission of COVID-19. The CDC stated that vaccinated individuals should be wearing masks or face coverings indoors, in public areas. Until further notice, several programs permitting court users […]
Read MoreADJUSTMENT OF STATUS (GREEN CARDS) FOR TPS HOLDERS AFTER SUPREME COURT RULING IN SANCHEZ V. MAYORKAS
On June 7, 2021, the Supreme Court issued a unanimous decision in Sanchez v. Mayorkas. In this case, the Supreme Court held a grant of Temporary Protected Status (TPS) was not an admission to the United States. An admission is a lawful entry to the U.S for purposes of adjustment of status. This means that […]
Read MoreU.S. Department of State Extends COVID-Related National Interest Exemptions (NIE) for Travelers Subject to Presidential Proclamations
On June 29, 2021, the U.S. Department of State extended National Interest Exceptions (NIE). This applies to travelers subject to Presidential Proclamations (PPs). These include PPs: 9984, 9992, 10143, 10199, and others related to the spread of COVID-19. Unless otherwise stated, NIEs are valid for 12 months from the date of approval. NIE’s are valid […]
Read MoreUSCIS Changes Their Voting Policy Regarding Naturalization (Citizenship) Eligibility
Recently, U.S. Citizenship and Immigration Services (USCIS) updated their voting policy. Only U.S. Citizens are allowed to vote in a federal election. At times, green card holders accidentally registered to vote through the department of motor vehicles or other government agency. Some drivers license forms also have boxes that ask if you want to vote. […]
Read MoreThe Importance of Properly Filed Taxes for Marriage-Based Green Card and Citizenship Applications
At times, the immigration attorneys at Heiferman & Associates see tax returns with errors. These errors can negatively affect marriage-based immigration applications. Tax returns for Green card or citizenship applicants based on marriage, usually should check the box “married filing jointly”. Sometimes individuals incorrectly claim head of household. By claiming head of household, tax filers […]
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