Applicants filing under this category should only file Form I-765 if seeking a replacement EAD that was lost, stolen, mutilated, or destroyed, or that contain an error. Employment authorization and EAD validity periods are generally determined based on the eligibility category that is granted. There are two elements common to all eligibility categories that USCIS must consider when adjudicating Form I-765: identity and eligibility verification. You should receive a response with 45 days More Ask a lawyer - it's free! The uscis is the fly in the ointment, the proverbial monkey wrench, the king-sized hemorrhoid in your life. Up to 5,000 T nonimmigrants are allowed to adjust status each year. [^ 39] See 8 CFR 214.2(f)(9)(ii)(D). This guidance becomes effective October 2, 2020. Check Case Processing Times Select your form, form category, and the office that is processing your case Refer to your receipt notice to find your form, category, and office. So 5 days later they send me that email. This technical update removes references to Form I-864W, Request for Exemption for Intending Immigrants Affidavit of Support, which was discontinued by the Inadmissibility on Public Charge Grounds Rule and is no longer used by U.S. This technical update removes language that restricted USCIS officers ability to request a visa number from the Department of State in cases involving visa retrogression. Citizenship and Immigration Services (USCIS) is issuing policyguidance addressing the general policies and procedures of adjustment of status as well as adjustment under section 245(a) of the Immigration and Nationality Act (INA). If theVisa Bulletin showsUin a category, thismeans that immigrant visa numbers are temporarilyunavailableto all applicants in that particular preference category and country of birth (or country of chargeability). In such cases, USCIS also determines whether the application should be granted in the exercise of discretion. [^ 37] Validity period may not exceed program end date. See Behring Regional Center LLC v. Wolf, 544 F. Supp. When a principal uses the derivative spouses country of chargeability, both applicants are considered principal applicants: onefor the purpose of conferring immigrant status andthe otherfor the purpose of conferring a more favorable chargeability. [9], Parent and child of N-8 or N-9 nonimmigrant[15], Citizen of Micronesia, the Marshall Islands or Palau, Granted withholding of deportation or removal, Deferred extended voluntary departure or deferred enforced departure, Variable, length of TPS designation, or any TPS renewals and TPS extensions, Granted voluntary departure under Family Unity Program of IMMACT 90[21], Legal Immigration Family Equity (LIFE) Act Family Unity grantee[24], Duration of V-1, V-2, and V-3 status, not to exceed 2 years, Duration of V-1, V-2, and V-3 status, not to exceed 2 years[27], Victims of human trafficking (T-1 nonimmigrant), Variable, up to end date of L-2 status, not to exceed principals L-1 status, Victims of qualifying criminal activity (U-1 nonimmigrant), Family members of victims of qualifying criminal activity (U-2, U-3, U-4, or U-5 nonimmigrant)[32], Duration of U-2, U-3, U-4, or U-5 nonimmigrant status, Duration of U-2, U-3, U-4, or U-5 nonimmigrant status[33], Dependent of a diplomat or foreign government official (A-1 or A-2)[34], 3 years or tour of duty end date on Form I-566, whichever is less, Dependent of Taipei Economic and Cultural Representative Office (TECRO) (E-1)[35], 3 years or end of principal E-1 status, whichever is less, Student pre-completion Optional Practical Training (OPT), Variable, 12 months, date recommended by Designated School Official (DSO), or date course of study ends, whichever is earlier, Off-campus employment qualifying international organization, Off-campus employment student severe economic hardshipunder 8 CFR 214.2(f)(9)(ii)(C), Spouse or unmarried child, son or daughter of an employee of an international organization (G-1, G-3, or G-4)[42], Dependent spouse or minor child of a J-1 exchange visitor, 2 years or end of principal J-1 status, whichever is less, Nonacademic or vocational student (M-1) post-completion OPT, 6 months, not to exceed recommendation on Certificate of Eligibility for Nonimmigrant Student Status (Form I-20) or 1 month for each 4 months of completed full-time studies, whichever is earlier[43], Dependent of NATO-1 through NATO-7 employee, 3 years, not to exceed tour of duty listed on Form I-566, Pending application for asylum or withholding of deportation or removal, Pending application for adjustment of status under INA 245, Suspension of deportation pending to apply for Nicaraguan Adjustment and Central American Relief Act (NACARA) relief[44], End of principal E-2 CNMI Investor status not to exceed 2 years, Deferred action (non-Deferred Action for Childhood Arrivals (DACA)), Variable, end date of deferred action period[47], Variable, end date of deferred action period[48], Applicant for creation of record of lawful admission, Domestic employee of nonimmigrant employer[49], 1 year or validity of B-1, whichever is less, Domestic employee of U.S. citizen abroad[50], Final order of removal with order of supervision[52], S nonimmigrant law enforcement witness or informant[54], Pending application for LIFE Act Legalization[56], Family members of victims of human trafficking (T2, T3, T4, T-5, or T-6 nonimmigrant), Duration of T-2, T-3, T-4, T-5, or T-6 nonimmigrant status, H4 nonimmigrant spouse of a H-1B nonimmigrant, Variable, up to end date of H-4 status, not to exceed principals H-1B status, Violence Against Women Act (VAWA) self-petitioner, Variable, 2 years or end date of deferred action period, whichever is earlier, Spouse of entrepreneur parolee under 8 CFR 212.19(h)(3), Form I-140 beneficiary with compelling circumstances. [^ 64] See Section G, Motion to Reopen or Reconsider [10 USCIS-PM A.4(G)]. [27] It may also occur in certain employment-based categories. Sign up for a new account in our community. 6 USCIS-PM G.3 - Chapter 3 - Regional Center Designation, Reporting, Amendments, and Termination [Reserved], 6 USCIS-PM G.4 - Chapter 4 - Immigrant Petition by Alien Investor (Form I-526), 6 USCIS-PM G.5 - Chapter 5 - Removal of Conditions. There would be internal agency metrics keeping track of the service enquires and requiring the closure of each enquire within 45days , but the closing of an enquirydoesnot mean they must actually do something with the application.. just have responded to the service request. However, USCIS may grant special student relief (SSR) applicants employment authorization for periods longer than 1 year, dependent on the validity period of the Federal Register notice. *A notice of action may be in a form of Approval Notice, Denial Notice, Transfer Notice, Request for Evidence, or Notice of Intent to Deny. The officershould review documentation to establish that the relationship continues. 3d (N.D. Cal. Anil_Gupta (Anil Gupta) December 28, 2018, 1:40am #2 This technical update explains that on June 22, 2021, the U.S. District Court for the Northern District of California, inBehring Regional Center LLC v. Wolf, 20-cv-09263-JSC, vacated theEB-5 Immigrant Investor Program Modernization Final Rule (PDF). 7 USCIS-PM C - Part C - 245(i) Adjustment. For employment-based immigrants, the priority date isestablished on the earliest of: The date the petition was properly filed with USCIS;[23]or, The date thepermanentlabor certification application[24]was accepted for processing by the Department of Labor (DOL),when a labor certification is required.[25]. An Affidavit of Support under Section 213A of the INA is not required for children who will automatically acquire citizenship under section 320 of the INA. [2] 1. The History tab was added to the USCIS Policy Manual on June 11, 2021, and provides historical versions on and after that date. Sponsor and joint sponsor must be domiciled in the United States or a U.S. territory or possession. In this situation, the Visa Bulletinshows that category asC.This meansthat immigrant visa numbers arecurrently (or immediately)available to all qualified adjustment applicants and overseas immigrant visa applicants in that particular preference category and country of birth(andchargeability). If a petition is lost, the applicant must recreate the petition at no additional fee. For family-sponsored immigrants, the priority date is the date thatthePetition for Alien Relative(Form I-130), or in certain instances thePetition for Amerasian, Widow(er), or Special Immigrant(Form I-360),is properly filed with USCIS. This is known as cross-chargeability. [^ 46]See22 CFR 40.1(a)(2). My second inquiry was answered within 30 minutes and they told me after telling me in the first response that my case was in adjudication that they could not tell me when my case would be adjudicated and there was no time frame and I had to continue to wait which I did for 299 days!!!!! More information is provided in the program-specific parts of this volume. For further guidance on biometrics, see Volume 1, General Policies and Procedures, Part C, Biometrics Collection and Security Checks [1 USCIS-PM C]. L. 89-732 (PDF)(November 2, 1966); the Cuban Adjustment Act for Battered Spouses and Children, Section 1509 of the Victims of Trafficking and Violence Protection Act of 2000 (VTVPA),Pub. While USCIS considers this decision, we will apply the EB-5 regulations that were in effect before the rule was finalized on Nov. 21, 2019, including no priority date retention based on an approved Form I-526. Noncitizens in certain employment eligibility categories who file Form I-765, to renew their EADs, may receive automatic extensions of their expiring EAD.[72]. However, your case is currently under review by an officer. SeeINA 245(m)and8 CFR 245.24. Chapter 8 - Inapplicability of Bars to Adjustment, Chapter 3 - Regional Center Designation, Reporting, Amendments, and Termination [Reserved], Chapter 4 - Immigrant Petition by Alien Investor (Form I-526), Volume 1 - General Policies and Procedures, Volume 9 - Waivers and Other Forms of Relief, Volume 11 - Travel and Identity Documents, Volume 12 - Citizenship and Naturalization, Part A - Adjustment of Status Policies and Procedures, Part F - Special Immigrant-Based (EB-4) Adjustment, Part A - Secure Identity Documents Policies and Procedures, Volume 3 - Humanitarian Protection and Parole. A notice of action may be in a form of Approval Notice, Denial Notice, Transfer Notice, Request for Evidence, Notice of Intent to Deny." [^ 31] Renewal EAD issuance is based on an approved Application to Extend/Change Nonimmigrant Status (Form I-539) extending U nonimmigrant status. More : We have had to perform additional review, and this has caused a delay in processing time. Yup, yer case was expedited. U.S. [^ 44]See9 FAM502.1-1(C)(2),Derivative Applicants/Beneficiaries. You should receive a notice of action* within 45 days. A derivative using the principals country of chargeability may adjust status with the principal or at any time thereafter. The current spouse or child accompanying (or following to join) a grandfathered noncitizen. A child can be credited with any quarters of coverage earned by each parent before the childs 18th birthday. 7 USCIS-PM A.4 - Chapter 4 - Documentation. [1]If the underlying immigrant visa petition is still pending, the officer is responsible for determining if the beneficiary of the petition is eligible for the classification sought and adjudicating the petition prior to considering the adjustment application. To distribute the visas among all preference categories, DOS allocates the visas by providing visa numbers according to the prospective immigrants: Countryto which thevisa will be charged (usuallythecountry of birth);[20]and. Case has been assigned to an officer The expediting of a case allows it to be sent quickly to an officer for adjudication. 54, 111 (March 7, 2013). [8], If the principal beneficiary becomes a permanent resident and loses his or her permanent resident status or naturalizes prior to the derivatives adjustment, the derivative is no longer eligible for the classification as an accompanying or following-to-join family member. 2105, 2274 (August 22, 1996) as amended by Title V, Subtitle A, Section 501 of the Omnibus Consolidated Appropriates Act of 1997,Pub. The previous version of this form was ETA Form 750. The derivative child of a principal beneficiary may be accorded the same priority date and classification as the principal provided that: The derivative child was acquired prior to the time the principal either adjusted status or was admitted to the United States as an LPR; The child continues to qualify as a child under the statutory definition (unmarried and under 21 years old)[40]or otherwise under the provisions of the CSPA, if applicable;[41]and, Theprincipal remains in LPR status at the time the derivative adjusts status. However, your case is currently under review by an officer. Generally, in cases where USCIS denies the underlying application, the applicant remains eligible for employment authorization if the applicant timely appeals or submits a motion to reopen the decision, and the appeal or motion remains pending. A .gov website belongs to an official government organization in the United States. [^ 26]SeeINA 204(k). Your case is currently being adjudicated. I have applied OPT on April 25th Since then it was Initial Review.Called USCIS Several times and expedite my case but still there is no change few days ago i got a email saying that " Your case is currently being adjudicated. Most people know that marrying a US Citizen is one of the easiest ways to get a green card. In general, the derivative spouse of a principal beneficiary may be accorded the same priority date and classification as the principal provided that: The marriage between the principal and the derivative spouse existed at the time the principal either adjusted status or was admitted to the United States as alawful permanent resident (LPR);[38], The marriage continues to exist at the time of the derivatives adjustment of status; and, The principal remains in LPR status at the time the derivative adjusts status.[39]. USCIS must verify that the applicant meets the requirements of one of the categories eligible for employment authorization, an EAD, or both and has submitted evidence establishing eligibility. However, an applicant may submit a motion to reopen or reconsider. Not weekly. [^ 3] See Part A, Adjustment of Status Policies and Procedures, Chapter 5, Interview Guidelines [7 USCIS-PM A.5]. When the new fiscal year begins on October 1, a new supply of visa numbers is availablefor allocation. [^ 32] Derivative U nonimmigrants are employment authorized incident to status, however an EAD is not automatically issued. [^ 5] CBP implemented an electronic, automated I-94 process whereby CBP issues an electronic Form I-94. Can you hear me? An officer approves a motion and reopens the Form I-765 if the applicant meets the motion requirements and has submitted evidence to overcome all reasons for the original denial. May may may. For more information on determining whether a visa was available at time of filing, see Chapter 3, Filing Instructions, Section B, Definition of Properly Filed, Subsection 4, Visa Availability Requirement [7 USCIS-PM A.3(B)(4)]. 1464, 1530 (October 28, 2000) and Sections 811, 814, and 823 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (VAWA 2005),Pub. If the officer determinesthe applicant is inadmissible, the applicant may need a waiver or other form of relief to addressthe inadmissibility. What does it mean: Your case is currently being adjudicated. Your case may be adjudicated between and . It was assigned to an officer per USCIS last Friday. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. That rule, however, was vacated on June 22, 2021. This chapter provides steps that should be used as a general guideline for file review when determining if an applicant is eligible for adjustment of status: General Guidelines for Adjudication ofAdjustment of Status Application, Determine if favorablediscretion is warranted(if applicable). The applicant is a Violence Against Women Act (VAWA) self-petitioner or derivative child. You will receive a notice of action . The action on your case can be anything like . SJordanS, April 12, 2019 in K-1 Fiance(e) Visa Case Filing and Progress Reports. 8 CFR 274a Subpart B - Employment authorization, INA 103, 8 CFR 103 - Powers and duties of the Secretary, the Under Secretary, and the Attorney General, G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, I-765, Application for Employment Authorization, How to Use the USCIS Policy Manual Website (PDF, 2.99 MB). Check the status of multiple cases and inquiries that you may have submitted to USCIS You will r Over 1M Users on Trackitt . Hey Zoeeeeeee if you're reading this check out SJordanS's VJ timeline. [^ 17]Some adjustment programs that are otherwise different from general adjustment include: the Cuban Adjustment Act,Pub. Oh I dont pay attention to VJ timeline at all. See Part L, Refugee Adjustment [7 USCIS-PM L] and Part M, Asylee Adjustment [7 USCIS-PM M] for more information on the exception for asylee and refugee derivatives adjusting status. [5]Theofficer must confirm that the applicant remains eligible to adjust status based on the relationship claimed on the underlying immigrant visa petition. Determine that the applicant is otherwise eligible to adjust under 245(i). Therefore, the length of time an applicant must wait in line before being eligible to file an adjustment application depends on: The demand for and supply of immigrant visa numbers; The number of visas allocated for the immigrants preference category.[21]. [^ 17] Extension of stay is granted in 2-year intervals awaiting approval of Petition for Alien Relative (Form I-130). [^ 49] Includes a nonimmigrant visitor for business (B-1) who is a personal or domestic employee of a noncitizen admitted as a nonimmigrant. For historical versions before June 11, 2021, navigate to the USCIS Policy Manual within the USCIS website at:https://archive.org, Select a date to view the historical version, An official website of the U.S. Department of Homeland Security, An official website of the United States government, Chapter 3 - Documentation and Evidence [Reserved], Chapter 6 - Card Production and Card Correction [Reserved], Chapter 7 - Post-Decision Actions [Reserved], POLICY ALERT - Special Student Relief for F-1 Nonimmigrant Students, POLICY ALERT - Updating General Guidelines on Maximum Validity Periods for Employment Authorization Documents based on Certain Filing Categories, Technical Update - Replacing the Term Alien, POLICY ALERT - Applications for Discretionary Employment Authorization Involving Certain Adjustment Applications or Deferred Action, Technical Update - Replacing the Term Foreign National, To protect your privacy, please do not include any personal information in your feedback. There are some instances in which a petition filed and approved under oneclassificationautomatically converts to a new category due to circumstances that occurred since filing. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicators Field Manual (AFM) content into the USCIS Policy Manual. Employment authorization automatically terminates if the applicant is no longer eligible due to certain circumstances outlined in the regulations. How to Request Case Assistance Expedites, Appeals, and Requests from USCIS How We Process Your Request By Topic Biometrics Appointments Change of Address Contacting USCIS Employment Authorization Documents (EADs) Employment-based Cases File Transfer Issues Filing with USCIS Green Cards (Lawful Permanent Resident Cards) Reporting Poor Treatment Immigrant visa numbers for family-based and employment-based immigrant preference categories as well as the Diversity Visa program are limited, so they are not always immediately available. This review may include Child Status Protection Act (CSPA)[6]age calculations to confirm that the applicant remains a child by definition. All adjustment of status applicants must be interviewed by an officer unless the interview is waived by USCIS. If the BIA sustains the IJs decision, however, the denial becomes administratively final, and the application may no longer serve as a basis for employment authorization. [^ 66]SeeINA 212(a)(3)(A),INA 212(a)(3)(B), andINA 212(a)(3)(F). View case status online using your receipt number, which can be found on notices that you may have received from USCIS. See INA 241(a)(3). L. 106-554 (PDF), 114 Stat. [^ 10] Initial EAD validity period starts the day of adjudication of Application for Status as a Temporary Resident Under Section 245A of the Immigration and Nationality Act (Form I-687). [^ 33] Renewal EAD issuance is based on an approved Application to Extend/Change Nonimmigrant Status (Form I-539) extending U nonimmigrant status. See 8 CFR 245a.34(c). To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. SeeMatter of Ho (PDF), 19 I&N Dec. 582 (BIA 1988). In addition, for certain family-based cases, the applicant can elect to opt-out of the classification conversion when it is advantageous to do so and when eligible. The (c)(33) code is used to distinguish DACA from other forms of deferred action. See 8 CFR 274a.12(c)(14). The officermust ensure that all security checks are completed, unexpired, and resolved as necessary prior to adjudicating an adjustment application. VJ likes to suggest a date range when your case may (operative word) be adjudicated. Verify the applicant has paid the $1,000 sum (unless exempt). This page was not helpful because the content: Chapter 9 - Death of Petitioner or Principal Beneficiary, Chapter 10 - Legal Analysis and Use of Discretion, Part I - Adjustment Based on Violence Against Women Act, Part J - Trafficking Victim-Based Adjustment, Part Q - Rescission of Lawful Permanent Residence, EB-5 Immigrant Investor Program Modernization Final Rule (PDF), Adjustment of Status Filing Charts from the Visa Bulletin, How to Use the USCIS Policy Manual Website, EB-5 Immigrant Investor Program Modernization Final Rule (PDF), Appendix: 2020 Fee Rule Litigation Summary, EB-5 Immigrant Investor Program Modernization Final Rule (PDF). 2763, 2753A-326 (December 21, 2000), Sections 811, 814, and 824 of VAWA 2005,Pub. See Poverty Guidelines(Form I-864P). Motions to reopen or reconsider are typically adjudicated by the same office that adjudicated Form I-765. [35]Because the spouse and children do not independently have a basis to adjust status outside of their relationship to the principal immigrant, they derive their status from the principal and are therefore known as derivatives of the principal. [^ 47] Generally, the noncitizen must establish an economic necessity for employment, see 8 CFR 274a.12(c)(14). [^ 61] This covers the eligibility category for employment authorization based on a grant of deferred action. SeeINA 245(l). [31], DOSpublishes a monthly report of visa availability referred to as the Visa Bulletin. See 8 CFR 274a.13(a)(1). While USCIS considers this decision, USCIS will apply the EB-5 regulations and policies that were in effect before the rule was finalized on November 21, 2019. My experience of two enquires like this was that it was astandard reply that resulted in a canned reply at 44 days .. your case requires further investigation . A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Our analysis found that USCIS adjudicated more cases in the first half of FY2020 than the agency did during the same time in FY2019. If you want to use H1B, you would still need to go out of US and then enter using H1B visa stamp. [^ 42]For instance, the principal beneficiary did not lose LPR status or did not naturalize, thereby removing the principals ability to confer LPR status to the derivative. [^ 62] See 8 CFR 274a.12(c)(5) and 8 CFR 274a.12(c)(35). [^ 71]SeeINA 212(a)(3)(F)andINA 237(a)(4)(B). The written denial explains why the motion did not overcome the denial grounds. While an applicant may have only submitted a Notice of Action (Form I-797) with his or her adjustment application that referenced the underlying petition, the petition itself should be contained within the A-file and must be reviewed prior to adjudicating the adjustment application. Failure to maintain the relationship disqualifies the applicant in most cases or,if not disqualifying, may be a negative discretionary factor in certain types of cases. The U nonimmigrant status program now involves three distinct adjudicative processes: Bona Fide Determination (BFD) process for principal petitioners and qualifying family members with pending, bona fide U nonimmigrant petitions, who USCIS determines merit a favorable exercise of discretion; [1] Whenever possible, cross-chargeability should be applied to preserve family unity and allow family members to immigrate together.[49]. Sometimes thedemandfor immigrant visasis less thanthesupply in a particular immigrant visa preference category and country of birth (or country of chargeability). [^ 13]SeeINA 201(b)for a complete listing. For eligible automatic extension EAD categories, see the Automatic Employment Authorization (EAD) Extension webpage. In addition, derivatives are also required to appear regardless of the immigrant visa category. Applicants requesting a name change at the time of adjustment need to submit one of the following civil-issued documents: Legal name change decree - lists former and new legal name; Marriage certificate - lists maiden name/last name of spouse; Divorce decree - shows restoration of maiden name; or Applicants filing under this category should only file Form I-765 if Form I-918 was approved while the applicant was residing outside of the United States, has been lawfully admitted to the United States as a U-1 nonimmigrant, and now seeks to obtain an EAD as evidence of employment authorization. USCIS may therefore require an applicant to appear at a USCIS Application Support Center to provide biometrics.[3]. [^ 30] If the noncitizen is in the United States, the initial EAD is automatically issued upon approval of the Petition for U Nonimmigrant Status (Form I-918). Your case is currently being adjudicated. In order to benefit from cross-chargeability, both applicants must be eligible to adjust status. Also, sign up for Case Status Online to: . If USCIS grants a motion to reopen or an appeal on the underlying application, the applicant is eligible for employment authorization if all other requirements are met. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. A notice of intent to revoke (NOIR)[67] is necessary upon a determination that: The statement of material facts contained in the application was not true and correct; The applicant violated the terms and conditions of the approved application; The basis for the EAD is no longer valid;[68] or. This is called visa retrogression,whichoccurs when more people apply for a visa in a particular category than there are visas available for that month. [2] The decision to waive the interview should be made on a case-by-case basis. In practice, cross-chargeability is used where the preference quota category is backlogged for one spouses country of chargeability but is current for the other spouses country of chargeability. These include: Adjustment applicants in T or U nonimmigrant status; Applicants under Section 13 or the Act of September 11, 1957 (Public Law 85-316); and. Only 50 visas per year, including both principal applicants and their immediate family members, are allotted each year. See8 CFR 103.2(b)(1),8 CFR 103.2(b)(2), and8 CFR 103.2(b)(12). Looking for U.S. government information and services? The following table provides more information on how the officer should use the Visa Bulletin. A national security concern exists when a person or organization has been determined to have a link to past, current, or planned involvement in an activity or organization involved in terrorism, espionage, sabotage, or the illegal transfer of goods, technology, or sensitive information, among others.[65]. So my fingers are crossed! My fingers are crossed I hear wayyyy before 45 days! Step-by-Step Overview of Adjudication of INA 245(i) Adjustment Application, A grandfathered noncitizen (whether a principal or derivative beneficiary), including verifying that the qualifying immigrant visa petition or permanent labor certification application was properly filed on or before April 30, 2001 and was approvable when filed; or. 2003-2021 VisaJourney. You can apply for H4 visa stamp outside USA and then come back once it is approved. ); There is an affidavit of support from both sponsors, if there is a joint sponsor; Sponsor and joint sponsor provided proof of citizenship or permanent resident status; and. [^ 53]For detailed information on reviewing Form I-693, see Volume 8, Admissibility, Part B, Health-Related Grounds of Inadmissibility, Chapter 4, Review of Medical Documentation, Section C, Documentation Completed by Civil Surgeon [8 USCIS-PM B.4(C)]. If the applicant claims a family relationship on the immigrant visa petition, that relationship must remain intact until a decision on the adjustment application, in most circumstances. If an applicant fails to specify the employment authorization eligibility category on the application, USCIS reviews the file to determine the proper category.
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