DHS Proposes New Rule

DHS Proposes New Rule

The Department of Homeland Security (DHS) has proposed a new rule, suggesting a series of changes to be implemented during the processing of Form I-485, Application to Register Permanent Residence or Adjust Status. Based on the 2017 Data Set for Form I-485, released by United States Citizenship and Immigration Services (USCIS), there was a total of 164,012 new applications received during the reporting period. As of the end of the reporting period, only 152,008 were approved, 15,364 were denied, terminated, or withdrawn, and 682,619 were still awaiting a decision.

Form I-485 allows for certain foreign nationals inside the United States to apply for a Green Card. United States immigration laws allow temporary visitors, such as students or tourists, to change their United States immigration status to Permanent Residence; but only if the individual lawfully entered the United States and meets all the required criteria for a green card.

Published within the United States Federal Government’s Fall 2018 Regulatory Agenda, the new rule targets to: improve the efficiency in the processing of Form 1-485, reduce processing times, improve the quality of USCIS Form I-485 inventory data, provide steady receipts throughout the fiscal year, reduce the potential for visa retrogression, promote efficient usage of the available immigrant visas, and discourage fraudulent or frivolous filings.

No specific details have been provide now how DHS intends to implement these changes. DHS is still considering the specific costs and benefit impacts of the proposed provisions. Although it currently remains in the Proposed Rule Stage, the rule is targeted for September 2019. Further information concerning Form I-485 and the proposed rule can be obtained through the USCIS website.

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