Resources on Family-Based Immigration Law

You may search for resources either by title or by month and year.

Last updated on

This flyer helps to notify immigrants about the upcoming USCIS fee changes and encourages them to act soon to avoid paying increased fees.

Last updated on

U.S. Citizenship and Immigration Services (USCIS) recently amended its Policy Manual to confirm that conditional resident status “terminates” when the agency issues a formal notice to that effect. This resource offers needed clarifications on the change.

Last updated on

CLINIC has submitted comments in response to the U.S. Citizenship and Immigration Services’ proposed changes to Form I-751, Petition to Remove Conditions on Residence.

Last updated on

The Department of State (DOS) briefly changed the requirements for sponsors who must submit evidence of tax filing, along with the affidavit of support. The DOS website indicated that sponsors must submit a tax transcript rather than a copy of the Form 1040 that they filed with the Internal Revenue Service (IRS).

Last updated on

You are interviewing a new LPR client and advising him to file an I-130 petition for his unmarried daughter. You come to the part of the interview where you need to tell him how long it will take after you file the petition in the F-2B category before you can start the second stage—filing for permanent residence. The easiest thing to do is pull out the most recent Visa Bulletin and make an informed guess. However, is that the best you can do?

Last updated on

When can you expect U.S. Citizenship and Immigration Services to require an interview of your conditional resident client in order to adjudicate his or her Form I-751 petition? The answer to that question is likely to be impacted by new guidance issued by USCIS on Nov. 30, 2018. Under the new guidance, applicable to both I-751 joint petitions and waivers filed on or after Dec. 10, 2018, a waiver of interview is appropriate where:

Last updated on

This section of the toolkit includes resources to help you represent clients who are seeking to immigrate through family-based immigration. Posted practice materials can help you with adjustment of status, consular processing, conditional residence and I-130 petitions.

Last updated on

On November 19, 2018 the Board of Immigration Appeals, or BIA, held that an applicant for adjustment of status who was admitted on a K-1 visa, fulfilled the terms of the visa by marrying the petitioner within the required 90 day period, and was later divorced, must submit an affidavit of support from the K-1 petitioner to establish that he or she is not inadmissible as a public charge.  Matter of Song, 27 I&N Dec. 488 (BIA 2018).

Last updated on

The Child Status Protection Act, or CSPA, was enacted in 2002 in an effort to prevent certain children from aging out while they wait to immigrate on a family-based petition. It helps lock in the age and preserve the “child” status of both immediate relatives and those in the preference categories. However, it works differently for both groups; and the filing strategy for permanent residency may depend on how old the child is at the time and whether he or she is filing to adjust status or consular process.

Last updated on

The Ninth Circuit recently upended a long-held interpretation of the Child Status Protection Act. Read more to see how this affects a child’s immigration classification when the petitioning parent naturalizes.

Last updated on

On June 26, 2017, USCIS released a new version of Form I-485 Application for Adjustment of Status, along with a revised I-485 Supplement A for those applicants qualifying for adjustment of status under INA Sec. 245(i). In addition, USCIS has also released a new version of I-485 Supplement J that pertains to certain employment-based adjustment applicants. Each new application form is accompanied by revised instructions.

Last updated on

Mexican nationals, or other immigrants who have lived in Mexico for more than six months, who are 18 years old or older, must now include police certificates with immigrant visa applications.

Last updated on

U.S. Citizenship and Immigration Services released an updated version of Form I-130, Petition for Alien Relative on Feb. 28, 2017. The new version, dated 2/27/17, goes into effect April 28, 2017. Until then, petitioners may use either the new version or the one dated 12/23/16. The revision includes significant changes in the form’s length; the amount and type of data collected; the introduction of a new Form I-130A, Supplemental Information for Spouse Beneficiary; and a potential change in the filing process.

Last updated on

In the almost 15 years since the Child Status Protection Act was implemented, most practitioners probably have a basic grasp of the fundamental principles. But it has subtleties and more areas of complexity. Let’s do a quick review.

Last updated on

The State Department recently modified the Foreign Affairs Manual regarding what actions satisfy the one-year filing requirement under the Child Status Protection Act (CSPA). 9 FAM 502.1-1(D)(6). That law allows children in the F-2A category, as well as derivatives in all preference categories, to remain “children” after turning 21. They are protected and locked in as “children” if they are under 21, using their CSPA age, when their priority date becomes current in the F-2A category. Use Chart A, Application Final Action Dates, to determine when the priority date becomes current.

Last updated on

The Board of Immigration Appeals had welcome news about DNA test results for families that had been unable to establish sibling relationships through other types of evidence alone.

Last updated on

Beneficiaries of approved I-130 petitions who are from Iraq or Syria are now able to qualify to apply for refugee resettlement. The new program is called Priority-2 (P-2) Direct Access Program for Iraqi and Syrian beneficiaries of an approved Form I-130 Petition for Alien Relative. The benefit is that these family members would gain access to the U.S. Refugee Admissions Program, but the applicant would still need to meet the definition of a “refugee” and be interviewed and screened.

Last updated on

In a 2015 precedent decision, the BIA held that an adoption is valid for immigration purposes – even if the child turned 16 at the time of the final order – if the adoption petition was filed before the beneficiary's 16th birthday and the state court has allowed the order to be backdated. Matter of R. Huang, 26 I&N Dec. 627 (BIA 2015).

But what if the adoption petition was filed after the child's 16th birthday? Can a retroactive decree still prevail?

Last updated on

The USCIS issued a memo recently that gives nationwide application to a court decision regarding widow(er) benefits.  Under current law, when a U.S. citizen spouse dies, the surviving spouse can self-petition for permanent resident status.  See INA § INA 201(b)(2)(A)(i). The limitations are that the widow(er) must file the Form I-360 petition within two years of the U.S. citizen spouse’s death and the widow(er) must not have re-married.

Last updated on

Even though the current affidavit of support rules were implemented almost 20 years ago, and practitioners have been operating with final regulations for the last nine years, CLINIC continues to experience a steady stream of questions and requests for assistance from affiliates attempting to complete the I-864.

Last updated on

The Department of State (DOS) recently confirmed that it will accept payment of the immigrant visa fee as satisfying the one-year filing requirement under the Child Status Protection Act.  In order for a child in the preference category to retain the “under 21” age status, and thus remain in the F-2A or derivative category, he or she must has “sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability.”  INA § 203(h)(1)(A).  The USCIS and DOS have consistently held that this could only be satisfied by filing one of three forms: an

Last updated on

In a recent decision the Board of Immigration Appeals held that after-acquired derivatives are not eligible to be considered “grandfathered” for purposes of eligibility for section 245(i) adjustment of status. Matter of Estrada, 26 I&N Dec. 180 (BIA 2013).  This decision clarifies but is consistent with prior USCIS memos interpreting this provision.