USCIS recently clarified that lawful permanent residents applying to naturalize on the basis of marriage to a US Citizen must not only demonstrate “living in marital union” with their spouse three years immediately prior to filing, but also that termination of the marriage at any time prior to the Oath of Allegiance renders an applicant ineligible.
Several non-profit organizations filed suit against the Department of Homeland Security and USCIS to prevent implementation of the USCIS Fee Schedule & Changes to Certain Other Immigration Benefit Request Requirements, 85 Fed. Reg. 46,788 (Aug. 3, 2020) (“Final Rule”) and to stay its effective date of October 2, 2020. The U.S. District Court for Northern District of California issued a nationwide preliminary injunction on September 29, 2020 prohibiting the implementation of the new USCIS Fee and Forms set to take effect on October 2, 2020. As a result, USCIS will continue to use the current fee schedule and accept current versions of all forms until final adjudication of the case.
With the Presidential Proclamation 9993, foreign nationals present in 26 countries that compromise the Schengen Area have suspended entry. Foreign nationals cannot travel to the United States with Presidential Proclamation 9993 is in effect, unless you meet an exception. The travel restriction doesn’t apply to U.S. citizens, U.S. lawful permanent residents, some immediate family members of U.S. citizens, and other individuals identified explicitly in the proclamation.
On June 22, 2020, the Department of State announced that they won’t be issuing immigrant visas, with certain exceptions, until December 31, 2020. This proclamation suspends entry into the United States of certain immigrants who present a risk to the U.S. labor market during the economic recovery following the COVID-19 outbreak. U.S. citizens, lawful permanent residents, and those with a valid visa issued before April 23, 2020, won’t be affected.
Exceptions include immigrants seeking to enter as healthcare professionals, spouses, children, prospective adoptive children of U.S. citizens, and certain Special Immigrant Visa applicants
Having a U.S. visa is not the same as being an LPR. To obtain a green card and become a permanent resident, you need to apply for an adjustment of status once you are in the United States. You can’t apply for a Permanent Resident Card outside the U.S.
Thankfully, the recent immigration ban doesn’t apply to lawful permanent residents. However, green card holders who remain outside the United States for more than 12 months may lose their lawful permanent resident status. If you’re worried about losing your green card, you should contact us to learn more about the application process to extend your stay.