Hello, everybody. In this video, I wanted to give you some information about important
updates from USCIS, specifically about extending flexibility in responding to requests for
evidence, and requests for more information flexibility being extended, we'll talk about
that. And of course, we're going to talk about the first time USCIS posted on their website,
that they are waiving interviews for Adjustment of Status application for certain categories
of applicants. Again, this is the first time that they've posted on the website. They actually
have a process where they determine which interviews are going to be waived. We'll talk
about that as well. And also, we'll talk about waivers of biometric appointments because
those are happening everywhere. And we'll talk about that when it happens, in what cases,
and what you can expect next. So, what are you waiting for? Let's jump right in. Hello,
everybody, and welcome back to our Immigration channel, where you get weekly updates, immigration
news, and most important information that can help you in your immigration journey.
My name is Jacob Sapochnik. And I'm an immigration attorney located in San Diego, California,
and I help clients in all 50 states. If you’re here for the first time, don't forget to subscribe
to our channel. And also, give us a big like so YouTube will be able to show this video
to more people just like you. So, let's talk about USCIS. We have some good updates to
provide. And let's start with USCIS extending flexibility when responding to certain applications.
They are the following. So, the following applications are going to receive more time
to respond to them. So, this way, if you're affected by the current situation, you will
not have to worry about missing your deadlines. The most common one, a request for evidence,
most cases like Adjustment of Status, I-130s, 751s, and many other cases often receive requests
for evidence, and they give you a certain period of time to respond. Well, now, because
of the pandemic, that period of time has been extended. And I'll mention that in a second.
Also, all the notices of intent to deny, an intent to revoke, intent to rescind, all these
notices have typically a 30-day deadline. But now, with this extension, they want to
get an extra 60-days, this also extends to various motion to reopen, typically requires
the I-290B to file. Again, those usually have a certain deadline. You're going to have an
extension of extra 60 days. What is the period of time that is covered? So, any documents
issued from March 1, 2020, all the way through January 31, 2021. This is the period that
is covered. So, if your deadline is anywhere between those dates, you have 60 more days
to respond to those requests. So, let's talk about Adjustment of Status interview waivers.
So, a few days ago, the USCIS posted on their website, you can see it right here, their
criteria to determine, on a case-by-case, which are the applicants that are going to
receive an Adjustment of status interview notice, specifically for cases of refugees
and as aliens. On the USCIS notice, they published an update to the policy manual, determining
that they have the authority, on a case-by-case, to decide which applicant for Adjustment of
Status that is applying, following an asylum, for example, could get their interview waived.
The reason it's important is because we've seen interview waivers for Adjustment of Status
applications being processed since April, in the beginning of the pandemic. We've seen
Adjustment of Status interviews being waived. And I've made many videos about that the first
time that USCIS actually put it on the website that they actually have a process where they
make a determination as to which Adjustment of Status interviews are going to be waived.
Yes, this announcement is specifically for asylees and refugees. We understand... we
know that since they have their policy already in place, I'm sure that they apply some of
that also to regular Adjustment of Status. Maybe they're looking at family ties, if it's
a family petition. If it's employment-based, maybe they're looking at what kind of employment-based
case is it. And based on that, they determined whether a case should be waived. Again, it's
not clear for other cases, but we know that they do have a policy that they're following
right now when they make a decision whether somebody that is filing an Adjustment of Status
based on asylum, whether their cases are actually going to be waived. And again, we do expect
to see more Adjustment of Status cases to be waived if they're not asylum, or based
on refugees because we know that the USCIS has the ability and a process in place to
actually waive interviews. And again, it may apply to family-based petitions, but also
to employment-based petitions as well. Again, if we see an official update, if we know of
anything more official about that, of course, we'll update you here on this channel. And
finally, let's talk about biometrics waivers. So, as you know, a lot of our clients are
reporting, first of all, delays in receipts and receiving biometric appointments. And
also, we've seen a lot of these biometric permits completely waived. If you remember,
in March, they started to… they announced that they're going to be reusing biometrics
appointments, specifically for the I-765 work permits, EAD extensions, just going to have
to ease on the backlog and because USCIS offices were close, they wanted people to still be
able to get the work permits. And so, they started waving the I-765 biometrics. They
were using previously used data to be able to do so, and this continues to this day.
Again, we haven't seen any official announcement of that, unlike the Adjustment of Status.
As I mentioned before, I haven't seen any clear indication as to biometric appointments
being waived. But we do see that people that actually get those appointments, I have to
wait a long time to actually get a receipt. But if I look at our clients, and also, we
have a lot of reports from members of our Facebook group, we have a large Facebook group
where people are sharing information, quite a few members of the group also report that
they have received their benefits without getting called for biometrics. For example,
we do a lot of work with DACA applicants. We're now fighting for new DACAs. And we have
quite a few of these DACAs that are filing for renewals. And they didn't need to do their
biometrics because USCIS essentially used the old biometrics and they just send them
their EAD cards without needing to go back to the USCIS. We have also seen that for people
who are filing an application for 751 Removal of Conditions based on good faith marriage,
but also, people that are filing based on abuse, and other categories and such categories
are also getting their benefits without the need for biometrics, they essentially reusing
the biometrics. And there is no official policy on that but it is happening right now. Maybe
it's another way for USCIS to deal with the backlog and expect to see two things. Expect
to see more delays in getting your receipts. I mean, a lot of our clients were filing for
DACAs, for filing for I-130s, 45s, and it's just taking weeks, up to six weeks to actually
get a receipt right now, sometimes even more than that, but it's about between six to eight
weeks to actually receipt. In many of these cases where clients are going through the
process and they're waiting for their benefits, their biometrics are actually being waived,
and it’s happening a lot so expect to see more of these biometrics waivers. Don't be
alarmed if you're not getting an appointment for biometrics. If you do, call USCIS and
make an inquiry. Most likely, the officers will tell you that everything is okay and
your case is processing, and you're going to be getting your benefits. Whether it's
an N-400, 751, or an Adjustment of Status. Sometimes, they may be able to reuse your
fingerprints. So, we talked about extended flexibility in responding to request for evidence
that's going all through January 31. We talked about an announcement on USCIS that Adjustment
of Status interview waivers will continue for seven applications. And they have a process
for that. And finally, as a matter of fact, biometrics are also being waived. They're
basically using old biometrics data to be able to process your benefit. So, we're probably
going to see more of that into 2021. So, hopefully, this information was helpful. If you’re
here for the first time, don't forget to subscribe to our channel and give us a big like so YouTube
will be able to share this video with more people just like you. Thanks for watching,
and I'll see you in our next video. If you like this video, watch these two videos for
more information just like that.