USCIS Launches New Online Tool to Schedule In-Person Appointments

USCIS has created an important new tool that should make it easier to schedule in-person appointments for certain immigration benefits.

Over the years, USCIS has tried different methods of scheduling in-person appointments. Prior to 2019, USCIS used a system called InfoPass, which allowed attorneys and individuals to schedule in-person appointments for urgent or emergent matters. Beginning in September 2019, USCIS did away with InfoPass and instead required a person to call USCIS customer service and speak to several levels of representatives before a decision was made as to whether an appointment would be scheduled. This process has proven to be time-consuming, and it has made it difficult for individuals to have urgent needs addressed.

This all changed in August 2023, when USCIS introduced its new My Appointment online scheduling tool. Using this tool, individuals and attorneys are able to schedule appointments at USCIS Field Offices for ADIT Stamps serving as temporary evidence of lawful permanent residence status, emergency Advance Parole travel authorization, Immigration Judge Grants, and more.

USCIS will review online forms and schedule appointments with USCIS Field Offices as schedules permit. USCIS anticipates that this will streamline the process of scheduling important in-person appointment. While applicants may request specific appointment dates, USCIS does not guarantee that the requested appointment date will be scheduled.

You can find the new USCIS My Appointment tool at https://my.uscis.gov/en/appointment/v2

Without discussing the specifics of a person’s case, it is not possible to give legal advice. If you are seeking help, I recommend scheduling a consultation with an experienced immigration attorney. This post is intended as only general information and is not a substitute for legal advice.

Vance Berry, Principal Attorney

Photo credit: Agus Dietrich

USCIS Ends Deadline Flexibilities

USCIS has officially ended its policy allowing additional time to respond to certain requests which began in March 2020 and was extended until March 23, 2023. This means that applicants will now once again be expected to adhere to the deadlines listed on all USCIS notices. This includes notices for which USCIS’ Covid policies allowed for additional flexibility, such as:

• Requests for Evidence;

• Continuations to Request Evidence (N-14);

• Notices of Intent to Deny;

• Notices of Intent to Revoke;

• Notices of Intent to Rescind;

• Notices of Intent to Terminate regional centers;

• Notices of Intent to Withdraw Temporary Protected Status; and

• Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

Fortunately, one Covid-era policy change has been made permanent: USCIS will continue to allow forms to be submitted with copies of original handwritten signatures.

For more information, see the official USCIS Announcement.

Without discussing the specifics of a person’s case, it is not possible to give legal advice. If you are seeking help, I recommend scheduling a consultation with an experienced immigration attorney. This post is intended as only general information and is not a substitute for legal advice.

Vance Berry, Principal Attorney

Photo Credit: Jan Vasek

Can an Athlete Come to the U.S. as a Coach?

Once their playing days are over, many athletes choose to share their knowledge of the sport as coaches. This is a longstanding tradition that plays an important role in the development of young athletes around the world.

UPDATED GUIDANCE

O-1 visas are available to individuals who have extraordinary abilities in the sciences, arts, business, education, or athletics coming to the U.S. to work in their area of extraordinary ability. Historically, U.S. policy has been unclear on whether an athlete would be eligible to come to the U.S. on an O-1 visa to take a job as a coach in their area of expertise.

This year, U.S. Citizenship and Immigration Services (USCIS) updated its policy manual to clarify that an “acclaimed athlete coming to be a coach” is permitted to enter the U.S. in O-1 status to work in their “area of extraordinary ability” provided the other requirements of O-1 status are met.

WHAT IS THE AREA OF EXTRAORDINARY ABILITY?

USCIS interprets the phrase “area of extraordinary ability” broadly for O-1 visa purposes. Under this interpretation, the area of extraordinary ability includes not only the specific occupation in which the athlete has shown extraordinary ability, but also other occupations that involve shared skillsets, knowledge, or expertise.

The immigration statutes and regulations do not include a definition of the phrase “area of extraordinary ability.” When determining whether a coach is coming to work in their area of extraordinary ability, USCIS focuses on whether the planned work or services involve skillsets, knowledge, or expertise shared with the occupation(s) in which the athlete has garnered acclaim.

In determining whether occupations involve shared skillsets, knowledge, or expertise to an extent that they may be considered within the same area of extraordinary ability, officers evaluate the totality of information and evidence presented. Relevant factors include, but are not limited to:

• Whether the past and prospective occupations are in the same industry or are otherwise related based on shared duties or expertise;

• Whether the prospective occupation is a supervisory, management, or other leadership position that oversees the beneficiary’s previous position or otherwise requires shared knowledge, skills, or expertise; and

• Whether it is common for persons in one occupation to transition to the other occupation(s) based upon their experience and knowledge.

NEXT STEPS

Every person’s immigration options will be different, and there may be options available beyond those outlined above based on an individual’s unique background. Without discussing the specifics of an individual’s case, it is impossible to give legal advice. For this reason, I recommend that athletes schedule a consultation with an immigration attorney who focuses on athletes before applying for a visa or travelling to the United States. The information provided here is only intended as general information and is not a substitute for legal advice.

I have spent years helping athletes and others achieve their dreams in the United States, and I would be delighted to help you as you plan the next step in your career. To contact me directly, please fill out the form here.

Vance Berry, Principal Attorney

Photo credit: Braden Collum

USCIS Denying Immigration Forms for Blank Fields

Under a new policy, USCIS is rejecting and denying some forms for as little as leaving a single field blank.

As explained below, given this new approach, it is very important that anyone filing an immigration application or petition include text in each blank. While this increases the time it takes to complete immigration forms, it is the safest strategy given this new restriction.

Historically, USCIS has accepted immigration forms with blank fields where these fields do not apply to the applicant. For example, some forms include blanks for the person filing the form to add detailed information about up to four children. In the past, it was common for an applicant to enter information about any children they have and, assuming they had fewer than four children, leave the remaining spaces blank. This was logical, given that the information blanks for each child are extensive, as shown below:

Since October 2019, USCIS has issued new guidance on the websites of two forms pertaining to blank fields. This guidance, which applies to the I-589 Application for Asylum or Withholding of Removal and I-918 Petition for U Nonimmigrant Status forms, indicates that any blank fields may result in a denied or returned application or petition.

Tailwind Immigration has received reports from other immigration attorneys in recent months indicating that their applications and petitions have been returned due to “incompleteness”, even where any incomplete fields were unrelated to their client’s situation.

Given USCIS’ new policy, it is very important to complete all fields on each immigration form. If a field does not apply to the person submitting the form, they may indicate “N/A” or “None.” USCIS has moved quickly to expand this new requirement while providing little notice of these changes. Given this, it is advisable to fill out all blanks on any immigration form, even forms not covered by USCIS’ existing guidance.

For more information, see USCIS’ Alerts on Form I-918 and Form I-589 at https://www.uscis.gov/i-918 and https://www.uscis.gov/i-589.

Without discussing the specifics of an individual’s case, it is impossible to give legal advice. For this reason, I recommend that anyone schedule a consultation with an immigration attorney who is experienced in helping people in their situation. The information provided here is only intended as general information and is not a substitute for legal advice.

Photo credit: Cytonn Photography