USCIS

USCIS Sets Effective Date for Public Charge Rule: Feb 24, 2020

Please note that the public charge rule only applies to new applicants for family-based adjustment of status, employment-based cases, diversity visas and non-immigrant visas. If you or your case does not fall into these specific categories, the public charge rule does not apply to you. USCIS has officially announced that the the public charge rule goes into effect on February 24, 2020 except for in the State of Illinois where...

Supreme Court Greenlights ‘Public Charge’ Rule

In a narrow 5-4 decision along ideological lines, the Supreme Court has given the Trump administration the greenlight to enforce a rule that could make it harder for certain immigrants to gain green cards in the United States.

USCIS Accepting Green Card Applications Under LRIF Act Now

The U.S. Citizenship and Immigration Services is now accepting applications to adjust status to lawful permanent resident from certain Liberian nationals under Section 7611 of the National Defense Authorization Act (PDF) for Fiscal Year 2020, Liberian Refugee Immigration Fairness (LRIF), which was signed into law on Dec. 20, 2019. Section 7611 of the National Defense Authorization Act for Fiscal Year 2020, Liberian Refugee Immigration Fairness (LRIF), allows Liberian nationals and their...

Victory – SIJS Settlement Final. USCIS Resumes Processing SIJS Applications

After more than a year of holding Special Immigrant Juvenile (SIJ) cases in abeyance and denying many by adding extraneous requirements, USCIS will resume processing them as part of a settlement agreement in J.L. v. Cuccinelli, 18-CV-4914 (N.D. Cal.) A long-time client of Lal Legal filed a class action lawsuit earlier this year alleging that U.S. Citizenship and Immigration Services (USCIS) imposed a new requirement on SIJ-classification eligibility and...

PSA: File Green Card Applications Before October 14th!

On August 14, 2019, DHS published a final rule on the public charge ground of inadmissibility. The final rule becomes effective Oct. 15, 2019. The inadmissibility ground at issue says a person is inadmissible if they are likely to become a public charge and applies to individuals seeking admission into the United States or applying for adjustment of status. Many classes of immigrants are exempt from public charge grounds...

How Is The Government Shutdown Impacting Immigration Services

Due to failure to pass a Congressional budget, the United States government has temporarily shut down with no end in sight. This is no doubt throwing many government functions such as immigration services into disarray, as only essential government services are operational during this time. Customs and Border Protection (CBP) at airports and at port of entries continue to operate as usual, though without pay. The level of their...

Warning: USCIS Will Place More People In Removal Proceedings

On June 28, 2018, USCIS released “Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens, where it laid out new policies to determine whom to place in removal proceedings. USCIS began implementing the PM for denied Forms I-485 and I-539 on October 1, 2018. Beginning November 19, 2018, USCIS may use its discretion to put people in removal proceedings...

USCIS Releases Forms for New Public Charge Rule

In September, the Trump administration announced new rules for identifying legal immigrants as potential “public charges,” making it harder for people to get green cards or citizenship if they use public benefits like Medicaid, food assistance and Section 8 housing vouchers. This is likely to pose a particular threat to immigrants with mental health issues, disabilities, elderly people, and immigrants with less financial resources. Now, USCIS has released new...

USCIS Targets O-1 Visa Applicants Through Labor Unions

This morning, the United States Citizenship and Immigration Services (USCIS) announced that it will begin accepting copies of negative consultation letters directly from labor unions relating to a current or future O nonimmigrant visa petition request. O–1 and O-2 nonimmigrant visas are available to individuals with extraordinary ability in science, education, business, athletics, or the arts, and individuals with extraordinary achievement in the motion picture or television industry, and certain essential support personnel....

USCIS Targets International Students and Visa Overstayers

USCIS unveiled a new memo recently with regards to unlawful presence for F, J, and M Nonimmigrants. The new policy clarifies that F, J, and M nonimmigrants, and their dependents, admitted or otherwise authorized to be present in the United States in duration of status (D/S) or admitted until a specific date, start accruing unlawful presence as of August 9, 2018 or the day after a status violation occurs....