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Immigration News Briefs

Provided by Humera Subhani

January 2023

Green cards extended for naturalization applicants

Effective December 12, USCIS is updating its policy manual to automatically extend the validity of Permanent Resident Cards for lawful permanent residents who have applied for naturalization.

This update is expected to help naturalization applicants who experience longer processing times, because they will receive an extension of lawful permanent resident (LPR) status and may not need to file Form I-90, Application to Replace Permanent Resident Card (Green Card). LPRs who properly file Form N-400, Application for Naturalization, may receive this extension without regard to whether they filed Form I-90. USCIS will update the language on Form N-400 receipt notices to extend Green Cards for up to 24 months for these applicants. The receipt notice can be presented with the expired Green Card as evidence of continued status as well as identity and employment authorization,

Prior to this change, under USCIS policy, naturalization applicants who did not apply for naturalization at least six months before their Green Card expiration date needed to file Form I-90, Application to Replace Permanent Resident Card (Green Card), to maintain proper documentation of their lawful status. Applicants who applied for naturalization at least six months prior to their Green Card expiration were eligible to receive an Alien Documentation, Identification, and Telecommunications (ADIT) stamp in their passport, which served as temporary evidence of their LPR status. This policy was based on the processing goal of 180 days or six months for Form N-400s, which would make filing Form I-90 unnecessary for applicants who filed at least six months before their Green Card expiration date.

The extension will apply to all applicants who file Form N-400 on or after December 12, 2022. LPRs who filed for naturalization prior to December 12 will not receive a Form N-400 receipt notice with the extension. If their Green Card expires, they generally must still file Form I-90 or receive an ADIT stamp in their passport, in order to maintain valid evidence of their lawful permanent resident status.

Applicants should use new edition of I-485 form

USCIS- Applicants who file Form I-485, Application to Register Permanent Residence or Adjust Status, on or after December 23, 2022, must use the 12/23/22 edition of Form I-485 or USCIS will reject the filing. If an applicant files Form I-485 before December 23, 2022, one must use the 07/15/22 edition of Form I-485 or USCIS will reject the filing.

On September 9, 2022, DHS published the Public Charge Ground of Inadmissibility final rule to provide clarity and consistency for noncitizens on how DHS will administer the public charge ground of inadmissibility. The new final rule will go into effect on December 23, 2022 and requires collection of information in the new 12/23/2022 edition of Form I-485.

USCIS has published the final 12/23/22 edition of Form I-485 for applicants to prepare their applications in advance of December 23, 2022.

USCIS emphasizes the following:

We will reject the 07/15/22 edition of Form I-485 if it is postmarked on or after Dec. 23, 2022.
We will reject the 12/23/22 edition of Form I-485 if it is postmarked on or before Dec. 22, 2022.

APPLICATION FINAL ACTION DATES FOR JANUARY 2023

FAMILY	India	Pakistan/Bangladesh
1st	01Dec14	01Dec14
2A	Current	Current
2B	22Sep15	22Sep15
3rd	22Nov08	22Nov08
4th	15Sep05	22Mar07

EMPLOYMENT	India	Pakistan/Bangladesh
1st	0	Current
2nd	08Oct11	01Nov22
3rd	15Jun12	Current
Other	15Jun12	01Jun20
4th	22Jun22	22Jun22
5th	08Nov19	Current1B

DATES FOR FILING VISA APPLICATIONS - JANUARY 2023

FAMILY	India	Pakistan/Bangladesh
1st	08Aug16	08Aug16
2A	Current	Current
2B	01Jan17	01Jan17
3rd	08Nov09	08Nov09
4th	22Feb06	15Dec07

EMPLOYMENT	India	Pakistan/Bangladesh
1st	01Jun22	Current
2nd	01May12	01Dec22
3rd	01Aug12	Current
Other	01Aug12	08Sep22
4th	22Jul22	22Jul22
5th	08Dec19	Current1B