Cambridge Immigration Law
Cambridge Immigration Law

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Uncertain Processing Times of I-765 Applications for Employment Authorization

June 5, 2019

Many of my clients feel frustrated right now because of the uncertain and often slow processing times for USCIS benefits. One of the most significant problems is with I-765 Application for Employment Authorization, aka “work permit.” Many of my clients file for “work permits” in conjunction with I-485 Application for Adjustment of Status (“green card”). Historically, the work permit took under 90 days to process, and if it did not, I could advocate on behalf of my client to get the card processed. Now, the cards are taking three, four, five months and even longer. Importantly, I can no longer go to the local USCIS office to request that the work permit application be expedited due to slow processing or due to a client’s offer of employment. In many cases, work permits are not decided before my clients “green card” interviews. Last month, two clients received the actual work permits in the mail AFTER they received their green cards! (The work permits are not necessary and in fact are invalid once the “green card” is approved.)

USCIS publishes “processing times” on its website, but in the past year or so, I have found that information to be unreliable. In addition to publishing processing time dates, the USCIS website publishes a “case inquiry” date, which if often months or a year after the processing time date. That means that even if a case is outside the normal processing time, we cannot complain until the case reaches the “case inquiry” date.

If you have questions about your current pending case/s, consult an immigration attorney. I am an experienced immigration attorney located in Cambridge, MA. Call (617) 714-4375 or email ellen@ellensullivanlaw.com to get in touch today.

Did You Know That You Can Pay G-1450 Fees Via Debit Card or Credit Card?

May 1, 2019

Submit Payment for G-1450 with Debit Card or Credit Card

Did you know that you can pay some USCIS fees via credit card? Go to https://www.uscis.gov/g-1450 to read about which fees can be accepted by credit card. For the most part, any fee for a form that goes to a “Lock Box” can be paid by credit card. To pay by credit card, submit Form G-1450 with the USCIS form that you file with USCIS.

However, before submitting the credit card payment for a USCIS fee, make sure that your form is going to a lock box and that your form fee can be paid by credit card. Also, before paying by credit or debit card, make sure that your card has enough funds or a sufficient credit limit to accept the charge from USCIS. USCIS will only attempt to charge the card once. If the card is rejected for any reason, USCIS will immediately reject the case and send the entire case back to you or your attorney. If there is a deadline for your filing, USCIS’s rejection of the filing fee could affect your eligibility for the USCIS benefit that you are seeking.

If you are seeking an immigration attorney with years of experience, Ellen Sullivan, P.C. is here to help. Call (617) 714-4375 or email ellen@ellensullivanlaw.com to get in touch with Ellen.

Why is my USCIS Case Taking So Long? Where is my Case?

April 25, 2019

Are you wondering, “Where is my USCIS case?” Check out this free resource: Why is my USCIS case taking so long

The American Immigration Lawyers Association recently released the attached memo that explains the rise in processing time and possible reasons behind the slow-down in USCIS processing times. As case processing times increase, individuals and businesses with pending applications and petitions suffer from the government’s lack of predictability, lack of transparency, and lack of consistency in the way that it handles USCIS cases.

Stay on top of your case by following it on USCIS.gov’s “Case Status” page. Consider linking your email to USCIS’s updates (although the updates do not always come). Make sure to update your contact information with your attorney and your address with USCIS so that you do not miss important communications. Tip: Even if you do update your contact information with your attorney and USCIS, have a way to check your old mailing address even after you move.

Are you looking for legal assistance? Ellen Sullivan, P.C., practices immigration law and more in Massachusetts. Call (617) 714-4375 or email ellen@ellensullivanlaw.com to schedule a consultation.

September 2017 Visa Bulletin

August 10, 2017

The US Department of State issued the September 2017 Visa Bulletin. It is available here: https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2017/visa-bulletin-for-september-2017.html.

Heartbreaking Deportation of Connecticut Mother

July 18, 2017

The Trump Administration continues its senseless and arbitrary deportations of longtime members of our communities, of people who have contributed to our neighborhoods, our schools, our restaurants, our shops, and our diversity. The administration forgets, or likely refuses to admit, that our economy and our culture depends on people who are willing to work hard at jobs that are difficult or impossible to fill, whether those jobs are high-tech jobs or home-cleaning jobs. US workers should not be displaced, however the reality is that US workers are not able to fill some jobs, such as high-tech jobs or rural physician jobs, or are unwilling to take other jobs, such as low-paying, grueling jobs such as cleaning our homes.

Read the story at https://wnpr.org/post/without-documentation-or-criminal-record-immigrant-mother-faces-deportation?utm_source=Recent%20Postings%20Alert&utm_medium=Email&utm_campaign=RP%20Daily.

August 2017 Visa Bulletin

July 15, 2017

The August 2017 visa bulletin is available on the US Department of State website at https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2017/visa-bulletin-for-august-2017.html.

I-751 Facing Lengthy Delays

July 7, 2017

In my practice, I represent many couples on removing conditions on residency, a requirement for conditional permanent residents who are married to US citizen less than two years at the time that they adjust status based on that marriage. To remove the conditions, clients must file Form I-751 with extensive supporting documents.

Currently, my clients are experiencing lengthy delays on their pending Forms I-751. Some of my clients face wait times of over one year, which is well over the published USCIS processing times for the form. The processing times are at: https://egov.uscis.gov/cris/processTimesDisplayInit.do;jsessionid=bacXD1OC9RCyFagQNRyeu

If you need to file Form I-751, remember to file it BEFORE the expiration of the current green card. If not, your case becomes much more complicated and you risk facing removal proceedings in immigration court.

Please contact me at ellen@ellensullivanlaw.com or 617-714-4375 if you would like to consult on your current pending I-751 or if you would like to discuss my representation on new cases relating to removal of conditions on residence.

Trump Cancels DAPA Plans

June 20, 2017

The current president’s Secretary of Homeland Security, John Kelly, recently rescinded President Obama’s plan to extend protections to certain parents of US citizens and lawful permanent residents. See https://www.maldef.org/assets/pdf/DHS_DAPA_061517.pdf. This change in policy is not a surprise. Instead it is another assault on immigrants who live long, lawful and productive lives in the United States of America and who are fundamental parts of our communities.

If you would like to discuss your current immigration status with an immigration attorney, please contact Attorney Ellen Sullivan at ellen@ellensullivanlaw.com or 617-714-4375.

 

US Embassies and Consulates To Ask For Social Media Information

June 12, 2017

For years, I have asked my clients about their social media. What names are listed on the social media? What countries, states, towns of residence are listed on social media? What employers are listed? Which friends and photos are connected to them via social media? All of that information can be, and has for years, been used by various US government agencies to determine a person’s eligibility for immigration benefits in the US or to the US.

The current administration is ramping up the government’s effort to use social media to “vet” immigrant and nonimmigrant applicants to the US. Sometimes this makes sense because social media can provide true information about a person. On the hand, often times, social media statements are hyperbole, exaggeration, or just plain misstatements. In those cases, it is unfair for the US government to use free-speech statements (intentional or not) and associations with others as bases for denying a truly eligible individual’s application for immigration benefits.

The Washington Post recently published an article about the current administration’s plan to use social media as a basis for vetting immigration applicants.

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