Immigration News Briefs
Vaccines required for green card applicants
Starting October 1, 2021, green card applicants will be required to establish that they have received a complete Covid-19 vaccine series in order to be deemed eligible for permanent residence, according to the Centers for Disease Control and Prevention (CDC). The CDC has added Covid- 19 to the list of vaccinations already required of those seeking U.S. lawful permanent residence.
The new vaccine requirement will be included in the routine medical examinations that are necessary for both adjustment of status applicants and immigrant visa applicants applying at U.S. embassies abroad. When the new requirement takes effect, green card applicants attending their medical examination will be required to show proof of full Covid-19 vaccination with a vaccine authorized for use in the U.S. or listed for emergency use by the World Health Organization.
Self-reports of vaccination will not be accepted without written documentation. If an applicant is not yet fully vaccinated and the Covid-19 vaccine is available to the physician performing the medical exam, the doctor is permitted to vaccinate the applicant. However, the applicant must receive the full Covid-19 vaccine series before the medical exam can be completed, so case processing may be delayed if the applicant attends an exam unvaccinated.
DNA collection problems for I-130 applicants
The Covid-19 pandemic has affected the Department of State’s capacity to provide routine services to foreign nationals. Many U.S. Embassies and Consulates are unable to collect DNA on behalf of USCIS. If an applicant is pursuing DNA collection in response to a Request for Evidence (RFE) issued by USCIS in the adjudication of Form I-130, and the beneficiary lives overseas, the case may be impacted
Previously, USCIS had issued RFEs suggesting DNA collection with instructions on the process.
USCIS proceeds with adjudication of the I-130 when it receives the DNA report. If you fail to respond to an RFE suggesting DNA collection by the due date, USCIS may adjudicate your Form I-130 without the DNA results, on a case-by-case basis.
When U.S. Embassies and Consulates return to normal operations, the Department of State will resume DNA collection procedures for beneficiaries residing overseas. Until the Department of State resumes normal operations for DNA collections:
- USCIS will not include DNA suggestions or instructions in RFEs;
- USCIS will continue to accept completed DNA results as evidence; and
- USCIS may hold your Form I-130, if you communicate to USCIS an intent to continue to pursue DNA testing.
Evidence of status for conditional residents
Starting September 4, 2021, USCIS is extending the time that receipt notices can be used to show evidence of status from 18 months to 24 months for applicants who properly file Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status. USCIS is making the change from 18 to 24 months to accommodate current processing times, which have increased significantly.
Conditional permanent residents who properly file Form I-751 or Form I-829 will receive a receipt notice that can be presented with their Permanent Resident (Green) Card, as evidence of continued status for up to 24 months past the expiration date on their Green Card, while their case remains pending with USCIS.
Visa Bulletin for February 2021 is available on our website. Please go to http://www.khabar.com/magazine/ immigration/
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