We hope that you have had a wonderful start to the new year, and that this year brings you much happiness and good fortune! In this month's newsletter, we discuss recent updates to green card extensions and important information about taxes & immigration.
Happy New Year! In 2022, there were many developments related to immigration in the United States. Still reeling from the fallout of the Taliban takeover of Afghanistan, the immigration system experienced another refugee shock with the unjustified invasion of Ukraine by Russia. While USCIS made important updates to address the backlog of cases and reduce processing times, the surge of Central American migrants continued at the Souther border, as they fled and continue to flee dangerous situations in their home countries – be it political corruption, violent crime, or the illegal drug trade. And unfortunately, those seeking a better life were used as political pawns in a grossly inhumane way, when some Republican governors deceived migrants, falsified documents, and cruelly trafficked them to different states without any food, clothing, shelter, resources, or means of communication.
With the midterm elections behind us and the House of Representatives narrowly controlled by the GOP, it is safe to say that immigration will be a hot topic in 2023. Many bills that are unfriendly to immigrants will likely be considered and debated in the House; but if any end up passing the House, they will likely be met with opposition in the Democrat-controlled Senate. Because of the split balance of power between the House and Senate, it is anticipated that President Biden will issue more executive orders related to his immigration priorities. Extremism and political violence in Central and South American countries could deepen an already severe humanitarian crisis. From the presidential assassination in Haiti, to the violent riots at the Brazilian Capital, to the political crisis in Peru, instability will continue to create refugees seeking safety and opportunity in the United States.
But no matter the challenges that may come in 2023, our dedicated firm will always fight for the rights of immigrants to build a future of their own determining. We are committed to our clients, we pay close attention to developments in the immigration system, and we use our empathy and experience to guide our clients to their dreams. We hope that you and your loved ones enjoy good health, prosperity, opportunity, and personal fulfillment in 2023!
On December 9th, the U.S. Citizenship & Immigration Services (USCIS) announced that it would be automatically extending the validity of green cards for up to 24 months for those applying for naturalization. These green card holders who have submitted a Form N-400 Application for Naturalization receive the extension without having to submit a Form I-90 Application to Replace Permanent Resident Card.
Because of lengthy immigration processing times, many green card holders have struggled to renew their permanent resident cards in a timely fashion. For those in the process of applying for naturalization, they could find themselves in limbo if their green card expired while their application was being processed. During this time, green card holders could lose their employment authorization or face deportation if they are unable to prove their lawful permanent resident status.
Now, applicants who have filed a Form N-400 will receive a receipt Notice of Action (Form I-797) that includes an automatic extension of 24 months from the date listed on the "Card Expires" field on their green card. These applicants can present the Form N-400 receipt notice and their otherwise expired permanent resident card to prove their valid and unexpired status as a lawful permanent resident during the 24-month extension period. During this time, they do not need to file a Form I-90 to renew their green card.
You can read more about this automatic extension on our immigration law blog by clicking the "Read More" button below:
In order to apply for citizenship, there are several requirements that an applicant must meet. They must be 18 years of age, must demonstrate continuous permanent residence in the United States for at least 5 years, and must be a green card holder, among other requirements. During the application and review process, the United States Citizenship & Immigration Service (USCIS) will ask many questions to determine eligibility, including questions about the applicant's moral character. Applicants who do not demonstrate good moral character are deemed ineligible and their application is rejected.
Part of the moral character determination is the applicant's history of paying taxes. During the process, USCIS will ask questions regarding taxes and may request to see tax returns or a tax transcript from the past 5 years.
With tax season rapidly approaching, it is important that you file your taxes on time, especially if you plan on applying for naturalization in the next few years.
On our immigration law blog, you can read more about tax requirements for applying for naturalization. Click the "Read More" button below:
On September 26th, the United States Citizenship and Immigration Service (USCIS) implemented a rule change that automatically extends the expiration date of green cards by 24 months for those who have a pending Form I-90.
Due to a backlog of cases and an under-resourced immigration system, the processing times for green card renewals can be significantly delayed. If a lawful permanent resident does not have a valid, unexpired green card, it could impact their work authorization and even put their presence in the United States at risk.
After successfully filing a Form I-90 renewal, applicants will receive a receipt notice indicating the automatic extension. That notice can be used along with the expired green card as proof of lawful permanent status while their green card renewal is being processed.
Read more about green card renewal extensions on our immigration law blog by clicking the "Read More" button below:
