Visa Lawyer Blog

Articles Posted in Green Card Interview

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Great news has come down from the U.S. Court of Appeals for the Ninth Circuit this afternoon.

Dealing a blow to the Trump administration, the court issued a majority decision denying the federal government’s motion to lift a lower court injunction that prevented the government from implementing Presidential Proclamation No. 9945, signed by the President on October 4, 2019.

The Proclamation attempted to bar certain individuals from entering the United States pursuant to an immigrant visa, unless they could demonstrate (1) that they would be covered by certain approved health insurance within 30 days of entry or (2) that they had the sufficient financial resources to cover foreseeable healthcare costs.

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Great news. The United States Citizenship and Immigration Services (USCIS) has announced that the agency is preparing to reopen in-person services at its field offices, asylum offices, and application support centers (ASC) to the public on or after June 4.

As we have previously reported on our blog, USCIS first announced the temporary closure of these offices on March 18th to protect to public and its employees from the rapid spread of COVID-19.

Although USCIS is currently closed, USCIS is providing limited emergency in-person services. Those with emergency situations should contact the USCIS Contact Center for assistance. This includes Visa Waiver Entrants who need to request Satisfactory Departure.

Interview Cancellations

USCIS field offices will send notices to applicants and petitioners with scheduled appointments and naturalization ceremonies impacted by the extended temporary closure.

USCIS asylum offices will send interview cancellation notices and automatically reschedule asylum interviews.

When the interview is rescheduled, asylum applicants will receive a new interview notice with the new time, date and location of the interview.

When USCIS again resumes operations for in-person services, USCIS will automatically reschedule ASC appointments due to the temporary office closure.

Individuals will receive a new appointment letter in the mail.

Those who had InfoPass or other appointments must reschedule through the USCIS Contact Center once field offices are open to the public again. Please check to see if the respective office has been reopened before calling the Contact Center.

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In this post, we bring you a late-breaking update regarding the President’s recent tweet announcing the temporary suspension of immigration into the United States by executive order.

While the President has not yet signed the executive order suspending immigration, in a press briefing held today, reporters had the opportunity to ask President Trump who will be most affected by his suspension.

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UPDATE: Green card interviews are being waived for at least some applicants during COVID-19

Unprecedented times call for unusual measures. Recently USCIS announced the closure of field offices nationwide—until May 3rd–to help slow the spread of COVID-19.

This announcement was immediately concerning given that green card applicants (family and employment-based) must attend in-person interviews at USCIS field offices to establish green card eligibility before their green cards can be approved.

USCIS indicated in their announcement that all impacted interviews would be rescheduled at a future time when offices re-open to the public. Of course, the decision to reschedule interviews at a future time would create a backlog, delaying the adjudication of thousands of green cards.

As it appears, to avoid a drastic backlog, USCIS is relaxing the green card interview requirement for employment-based green card applicants during the COVID-19 pandemic.

While there is no official policy or memorandum waiving the interview requirement for employment-based green card applicants, USCIS has been doing just that.

We can report that certain employment-based green card applicants who had their interviews canceled as a result of the COVID-19 office closures, have seen their green card “case status” change to “approved” and have received their green cards in the mail shortly thereafter.

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We would like to provide our readers with a quick update regarding the temporary suspension of in-person services at USCIS field offices nationwide.

As first reported, USCIS made the decision to close all offices and application support centers (ASCs) to the public beginning March 18th. USCIS planned to reopen offices on April 7th however today the agency announced that offices will continue to remain closed to the public until May 3rd.

As previously stated on our blog, all applicants and petitioners with scheduled appointments who are impacted by this closure will receive notices in the mail with further information.

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In the midst of the ongoing Coronavirus (COVID 19) pandemic, USCIS reminds applicants and petitioners impacted by the pandemic that they can seek certain types of discretionary relief on a case-by-case basis.

Relief for Individuals Seeking Extensions/Change of Status

Special relief is available to individuals who were unable to file an extension or change of status petition before the end of their authorized stay expired, if a special situation prevented the individual’s departure and/or filing.

According to USCIS, “when applying for an extension or change of status due to a special situation that prevented your planned and timely departure,” the agency “may take into consideration how the special situation prevented your departure.”

In addition, if an applicant was not able to apply for an extension or change of status before their authorized period of admission expired, USCIS in their discretion may excuse the delay if it was due to extraordinary circumstances beyond the applicant’s control. An applicant in such a situation should be prepared to provide documentary evidence of those extraordinary circumstances. Depending on the applicant’s situation, the types of evidence that can be provided will vary.

Relief for F-1 Students Based on Severe Economic Hardship Caused by Unforeseen Circumstances

F-1 students who are experiencing severe economic hardship because of unforeseen circumstances beyond their control (such as those impacted by the COVID 19 pandemic) may request employment authorization to work off-campus (if they meet certain regulatory requirements) by filing Form I-765 Application for Employment Authorization along with Form I-20, and supporting materials. See 8 CFR 214.2(f)(9).

The student’s Form I-20 must include the employment page completed by your Designated School Official, certifying your eligibility for off-campus employment due to severe economic hardship caused by unforeseen circumstances beyond your control.

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Applying for adjustment of status just became a lot more difficult.

After announcing the nationwide implementation of the final rule “Inadmissibility on Public Charge Grounds” on February 24, 2020, USCIS unveiled a brand-new form (Form I-944) that must be filed with all applications for adjustment of status postmarked on or after February 24, 2020.

What is Form I-944?

This new Form I-944, Declaration of Self Sufficiency, will be used by USCIS to determine whether an applicant is likely to become a public charge at any time in the future based on several factors including receipt of public benefits, as well as the applicant’s age, health, family status, assets, resources, financial status, education and skills, prospective immigration status and period of stay, and the petitioner’s Form I-864 Affidavit of Support.

In general, a person is inadmissible based on public charge grounds if he or she is more likely than not at any time in the future to receive one or more public benefits for more than 12 months in the aggregate within any 36-month period.

Who is Exempt from Filing this Form?

Certain special classes of immigrants are not required to file the new Form I-944, Declaration of Self Sufficiency with an adjustment of status application such as: VAWA self-petitioners, special immigrant juveniles, certain Afghani or Iraqi nationals, asylees, refugees, victims of qualifying criminal activity (U Nonimmigrants), victims of human trafficking (T nonimmigrants), applicants applying under the Cuban Adjustment Act, Haitian Refugee Fairness Act, certain Parolees, Nicaraguans and other Central Americans of the Nicaraguan Adjustment and Central American Relief Act (NACARA), and other special classes of immigrants.

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In this post, we would like to provide our readers with an important update released by the United States Citizenship and Immigration Services (USCIS) with respect to the public charge rule.

Given the Supreme Court’s recent ruling in favor of the government, the United States Citizenship and Immigration Services (USCIS) has announced that they will begin implementing the “Inadmissibility on Public Charge Grounds” rule on February 24, 2020, EXCEPT for in the State of Illinois, where the rule remains enjoined for the time being by a federal court.

That means that EXCEPT for in the State of Illinois, USCIS will begin to apply the Final Rule to applications and petitions postmarked (or submitted electronically) on or after February 24, 2020.

The postmark date for all applications and petitions sent by commercial courier (UPS/FedEx/DHL) is the date reflected on the courier receipt.

The public charge rule will NOT apply to applications or petitions postmarked before February 24, 2020 and petitions that remain pending with USCIS.

Prepare for Changes: USCIS to update all Adjustment of Status Forms

USCIS has announced that the agency will be updating all forms associated with the filing of adjustment of status, its policy manual, and will be providing updated submission instructions on its website this week to give applicants and their legal representatives enough time to review filing procedures and changes that will apply to all applications for adjustment of status postmarked on or after February 24, 2020.

Failure to submit forms with the correct edition dates and/or abide by the new filing procedures will result in the rejection of an application or petition.

The Final Rule provides that adjustment of status applicants subject to the public charge grounds of inadmissibility will be required to file Form I-944 Declaration of Self-Sufficiency along with Form I-485, as part of the public charge inadmissibility determination to demonstrate they are not likely to become a public charge. Therefore, we expect USCIS to provide instructions regarding the submission of Form I-944 with adjustment of status applications.

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We kick off a brand-new week with breaking news handed down by the United States Supreme Court.

Today, in a 5-4 decision, the Supreme Court ruled that the Trump administration may enforce  the controversial rule entitled, “Inadmissibility on Public Charge Grounds” which expands the scope of public benefits that will render a permanent resident or immigrant visa applicant ineligible for immigration benefits. The public charge rule makes certain individuals inadmissible to receive permanent residence on public charge grounds based on their use of certain government assistance programs.

As we reported, on January 13, 2020 the Trump administration filed an emergency appeal asking the Supreme Court to lift a remaining lower court injunction preventing the government from enforcing the public charge rule. Today, the conservatives on the Supreme Court overpowered the four liberal justices on the court, in favor of the Trump administration, ruling that the government may now begin to enforce the public charge rule despite challenges to the rule pending in the lower courts.

Overview: 

Under current immigration law, an individual who, in the opinion of DHS is likely at any time to become a public charge is (1) ineligible for a visa (2) ineligible for admission to the United States and (3) ineligible for adjustment of status (permanent residence).

In determining whether an applicant is or will likely become a public charge USCIS has always considered the receipt of Temporary Assistance for Needy Families (TANF), Supplemental Security Income (SSI), and Medicaid, benefits that make an applicant ineligible for permanent residence.

The public charge rule goes further and expands the list of benefits that make a foreign national ineligible to obtain permanent residence or an immigrant visa (in addition to the benefits listed above). These additional benefits include:

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Welcome back to our blog! We kick off the week by bringing you recent developments regarding the government’s controversial rule entitled, “Inadmissibility on Public Charge Grounds” which sought to expand the scope of public benefits that could render a permanent resident or immigrant visa applicant ineligible for immigration benefits.

As you know, in October of 2019, the final rule “Inadmissibility on Public Charge Grounds,” was swiftly blocked by several federal judges shortly before going into effect. By court order, the government cannot implement the final rule anywhere in the United States until a final resolution has been reached in several lawsuits brought against the government challenging the validity of the public charge rule.

On Monday, January 13, 2020, the Trump administration filed an emergency appeal with the Supreme Court of the United States, asking the court to lift the remaining lower court injunction, that is currently stopping the government from enforcing the public charge rule.

The government’s request comes just one week after a three-judge panel for the U.S. Court of Appeals for the Second Circuit, upheld a lower court injunction, preventing the government from implementing the public charge rule on a nationwide basis.

Angered by the decision, the government decided to appeal the U.S. Court of Appeals decision by bringing the matter to the Supreme Court, urging the Court to side with the President and allow the implementation of the rule while a decision in the New York lawsuit is reached on the merits.

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