PROPOSED FEE INCREASES FOR FORMS FILED WITH USCIS

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The Department of Homeland Security has published a proposal for fee increases to several USCIS forms in the Federal Register. There will be a period of 30 days to receive public opinion, with a final decision being issued as soon as December 16. 2019.

Proposed Rate Increases affect several forms, but most notable are the I-485 (adjustment of status) and the N-400 (naturalization application). The I-485 will go from $1,140 to $1610 and the N-400 will go from $640 to $1,170. Also worth noting is that for the first time in history, there will be a fee for the filing of an asylum application.

If you are eligible for naturalization or adjustment of status, it is recommended that you apply as soon as possible.

    Examples of Application increases are as follows:

  • Form I-290B (Notice of Appeal or Motion) from $675 to $705.
  • Form I-485 (Application for Permanent Residence Registration or Adjustment of Status) from $1,140 to $1,610.
  • Form I-589 (Asylum Application) from $0 to $50.
  • Form I-751 (Petition to Remove Conditional Residency) from $595 to $760.
  • Form I-765 (Work Permit) from $410 to $490.
  • Form I-821D (DACA) from $0 to $275.
  • Form N-400 (Naturalization Request) from $640 to $1,170.

EXTENTION OF TPS FOR EL SALVADOR AND AJUSTMENT OF STATUS

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TPS was officially extended for nationals of El Salvador. The extension is automatic through January 4, 2021. This means that work authorization is automatically extended as well. TPS recipients can demonstrate the Federal Register notice to employers as a confirmation of their work authorization extension.

Current TPS recipients who live within the jurisdiction of the Ninth Circuit Court of Appeals (This includes California, Arizona and Nevada among others) and are married to a United States citizen or are the parents of a United States citizen over the age of 21 can apply for the lawful permanent residency without having to leave the country. It is important to act on this as soon as possible.

SUPREME COURT TO DECIDE FATE OF DACA

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Yesterday, November 12, 2019, The Supreme Court heard oral arguments regarding whether the DACA program will be terminated. In 2017, President Trump issued an order officially ending the DACA program. Due to a Court injunction, DACA recipients were able to continue renewing their DACA until the issue is resolved.

Based on the questions asked during the oral arguments, it seems as though the conservative justices on the Court are inclined to end the DACA program. It was indicated the Justice Roberts might be the deciding vote and that the decision is likely to come down in early Spring 2020.

It is important that all current DACA recipients consult an immigration attorney to determine if they are eligible for any other immigration relief should DACA be terminated.

Family Based Adjustment of Status Filings in November 2019

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In the month of November 2019, USCIS is accepting adjustments for family petitions based on the filing date and not the final action priority dates. This is extremely important because you can file your adjustment of status application and obtain your work authorization between 1-4 years earlier than you otherwise would be able to. In the case of Lawful Permanent Residents filing for a spouse or child under the age of 21, the priority date is current in the month of November. It is important that you check your priority date and act immediately. Your adjustment of status must be mailed and received prior to the end of the month in order to qualify.