Chicago USCIS Updates – 08/27/09

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Department of Health and Human Services (HHS) proposed rule on the removal of HIV infection from its list of communicable diseases of public health significance - As of now with respect to the above proposed rule the Chicago Field Office has not received any guidance from HQ. Hence the office will not hold such applications in suspension until further notice. Donald Neufeld memorandum regarding I-751s - According to the memo the change in procedure is applicable if a jointly- filed I-751 is initially presented and before the final adjudication the parties are divorced or there is an annulment. In this case the alien spouse may request to have the jointly-filed petition treated as a waiver and need not file a new I-751. The Officer is authorized to amend the I-751 petition to indicate that the CPR is eligible for a waiver of the joint filing requirement based on a termination of the marriage, and then adjudicates the petition on the merits in accordance with established procedure. Also according to the memo the applicant should make the request to have the petition converted. For more information on this memo please click here. I-751 based on extreme cruelty and VAWA - In a case when an applicant applies for a I-751 based on extreme cruelty and also has an approved I-360 VAWA self-petition which requires having established the bona fides of the marriage then the I-360 and I-751 are two different applications with different sets of criteria for adjudication. Hence, based on the merits of the petition and the supporting documentation as outlined in 8 CFR §216.5 the I-751 will be adjudicated. The officer is allowed to request for more information on the validity of the marriage to support the waiver for battery or extreme cruelty. Hence it is the attorney’s responsibility to submit the required documentation in support to the client’s petition. NATURALIZATION interview - During a naturalization interview an officer can question the applicant about his/her job description on the labor certification application if the officer has every reason to suspect or believe that the applicant’s employment-based adjustment may not have been right.

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