Form I-944 & Public Charge Rule Expansion

UPDATED: 7th Circuit Court of Appeals issued an administrative stay of the decision of the U.S. District Court for the Northern District of Illinois (noted below) meaning adjustment of status applications MUST be filed with the Form I-944. We will continue to monitor the situation.

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On November 1, 2020, the U.S. District Court in Cook County, Illinois, et al v. Wolf et. al., (19-cv-6334),  granted summary judgment in favor of  Plaintiffs on their  claim that the Department of Homeland Security’s Public Charge Rule, 84 Fed. Reg. 41,292 (Aug. 14, 2019) violates the Administrative Procedure Act (“APA”), 5 U.S.C. § 701 et. seq.  The district court specifically ruled that (1) the public charge  exceeds DHS’s authority under the public charge provision of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1182(a)(4)(A); (2) is not in accordance with law; and (3) is arbitrary and capricious.

Therefore, the court  immediately set aside  the DHS Public Charge Rule nationwide without staying its decision pending appealmeaning that DHS may not apply the public charge rule as of today, which includes the submission of Form I-944 and the information contained therein.

For more information on public charge rule

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Deportation Nation

In fiscal year 2019, ICE’s Enforcement and Removal Operations (ERO) officers arrested approximately 143,000 aliens and removed more than 267,000 – which is an increase in removals from the prior year.

In fiscal 2018, U.S. Customs and Border Protection (CBP) and U.S. Immigration and Custom Enforcement (ICE) together carried out 337,287 removals of unauthorized immigrants, a 17% increase from the previous year, according to the Department of Homeland Security.

But removals remained below the levels recorded during much of the Obama administration, including a three-year period between fiscal 2012 and 2014 when there were more than 400,000 per year.  So, the United States has seen more removals or deportation under the Obama administration than under the Trump administration.

ICE, which handles majority of deportations, said in its most recent year-end report that its removal operations have encountered several challenges, including a growing backlog of cases in the immigration courts and “judicial and legislative constraints” that make it difficult to deport minors and family members.

Enforcement and Removal Operations (ERO) manages a detained and non-detained docket which includes aliens in all stages of the immigration process across the country. During fiscal year 2019, ICE’s detained and non-detained dockets both reached record highs in fiscal year 2019, overwhelmingly due to the historic levels of CBP apprehensions at the Southwest Border.

In fiscal year 2019:

  • 73% of all initial book-ins to ICE custody resulted from CBP apprehensions, while overall initial book-ins to ICE custody increased 29% compared to FY 2018 and 58% compared to FY 2017.
  • ERO’s Average Daily Population in custody reached 50,165 in FY 2019, an increase of 19% compared to FY 2018. At times, ERO’s detention population exceeded 56,000.
  • ICE’s Average Length of Stay for its detained population was 34.3 days, which decreased from 39.4 days in FY 2018 and 43.7 days in FY 2017.
  • The number of aliens on ICE’s non-detained docket surpassed 3 million cases for the first time (3.2 million), up from 2.6 million cases at the end of FY 2018 and 2.4 million at the end of FY 2017.

For more information on deportation,

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Immigration Denial and Discretion

It is common for our office to hear, ” I was denied and I don’t understand why I was denied.”  In the U.S. immigration system, officers have a wide array of “discretion” when making decisions to approve or deny an immigration benefit.

Discretion is defined in the Merriam-Webster dictionary as, “individual choice or judgment.”  So, an immigration officer’s discretion means that officers individual choice or judgment.  Sometimes the officer’s individual choice or judgment is based on facts presented, evidence presented, case law, statutory rules or just his/her gut feeling at the time.

Immigration officers have discretionary judgment when deciding whether to issue a B-1/B-2 visas or any non-immigrant visa after an U.S. Embassy interview.  Unfortunately, officer’s discretionary decision on B-1/B-2 visas and other non-immigrant visas are not appealable.

The following immigration benefits also require the use of officer discretion in deciding whether to approve or deny an applicant: permanent residency (a green card), asylum, extension of stay, waiver of inadmissibility, temporary protected status, fiancé petition, and employment-based petitions.

There is no exhaustive list of factors that an immigration officers must consider. To perform a discretionary analysis, officers must weigh all positive factors present in a case against any negative factors in the totality of the record. There is no formula for determining the weight to be given a specific positive or negative factor.  The analysis must be comprehensive, specific to the case, and based on all relevant facts known at the time of adjudication. The officer may not exercise discretion arbitrarily, inconsistently, or in reliance on biases or assumptions.

January 23, 2020, the Federal Court of Appeals for the Seventh Circuit issued a decision warning U.S. Citizenship and Immigration Services of demanding excessive proof of eligibility that goes beyond the standard of proof required by precedent. (Baez-Sanchez v. Barr, No. 19-1642 (7th Cir. 2020).  It is well established that in visa petition proceedings, the petitioner bears the burden of proving eligibility by a “preponderance of the evidence.” Thus, even if the director has some doubt as to the truth, if the petitioner submits relevant, probative, and credible evidence that leads the director to believe that the claim is “probably true” or “more likely than not,” the applicant or petitioner has satisfied the standard of proof. See U.S. v. Cardozo-Fonseca, 480 U.S. 421 (1987).

So, where a denial can be appealed or challenged, contact legal counsel and exercise your right to contest the abuse of discretion by immigration officers.

For more information on Immigration Denial and Discretion,

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Fee Increase October 2, 2020

U.S. Citizenship and Immigration Services (USCIS) has announced an astronomical 80% fee increase on cost to become a U.S. citizen, obtain a green card and other immigration services. This filing fee increase could make the legal immigration system inaccessible to millions of people.  The increased filing fees will become effective on October 2, 2020.

Adjustment of Status

When filing for adjustment of status in the U.S. or a green card based on marriage to a U.S. citizen, the total filing fees are $1760.  The fee increase will charge an extra $1,150 bringing the new cost of obtaining a green card to $2,910.

Naturalization/Citizenship

USCIS increased the total cost of a naturalization application or becoming a U.S. citizen by over 80%.  Online naturalization applications will now run $1,170, up from the previous price of $640. USCIS says the new fee will cover the full cost to process the application as well as some overhead costs.  Say good-bye to fee waivers as USCIS is also eliminating almost all fee waivers that it previously provided for low-income immigrants seeking citizenship.

H-1B

Filing fees for employers petitioning for an H-1B worker will increase by 70%. The cost to petition for one worker will total over $3,000. The agency is also increasing the time it takes to process H-1B visas. Employers who pay for “premium processing” of their petitions will now have to wait almost twice as long to receive a decision.

Fee for Asylum Applications

USCIS will now charge a $50 fee to apply for asylum. This will be the first time the United States has charged a fee since WWII. This makes the United States only the fourth country in the world to charge a fee for asylum applications. Iran, Fiji, and Australia also charge a fee.  USCIS also refused to provide any fee waivers for this expense.

USCIS’ History of Financial Mismanagement

USCIS has furlough two-thirds of its staff and has enormous budget shortfalls.  The agency claims that the COVID-19 pandemic and subsequent office closures wiped out most of the fee-based agency’s revenue.  But USCIS has long suffered from fiscal mismanagement. In reality, the fee hikes represent the culmination of years’ worth of financial recklessness and poor policy changes. These issues have only been exacerbated by the pandemic. The published rule, however, says the agency did not take COVID-19 into consideration when determining the new fees.

Immigration Benefit/Forms Current Fee Final Fee Change ($) Percent Change
I-90 Application to Replace Permanent Resident Card (online filing) $455 $405 -$50 -11 percent
I-90 Application to Replace Permanent Resident Card (paper filing) $455 $415 -$40 -9 percent
I-102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Document $445 $485 $40 9 percent
I-129 Petition for a Nonimmigrant worker $460 N/A N/A N/A
I-129CW, I-129E&TN, and I-129MISC $460 $695 $235 51 percent
I-129H1 $460 $555 $95 21 percent
I-129H2A – Named Beneficiaries $460 $850 $390 85 percent
I-129H2B – Named Beneficiaries $460 $715 $255 55 percent
I-129L $460 $805 $345 75 percent
I-129O $460 $705 $245 53 percent
I-129H2A – Unnamed Beneficiaries $460 $415 -$45 -10 percent
I-129H2B – Unnamed Beneficiaries $460 $385 -$75 -16 percent
I-129F Petition for Alien Fiancé(e) $535 $510 -$25 -5 percent
I-130 Petition for Alien Relative (online filing) $535 $550 $15 3 percent
I-130 Petition for Alien Relative (paper filing) $535 $560 $25 5 percent
I-131 Application for Travel Document $575 $590 $15 3 percent
I-131 Refugee Travel Document for an individual age 16 or older $135 $145 $10 7 percent
I-131 Refugee Travel Document for a child under the age of 16 $105 $115 $10 10 percent
I-131A Application for Travel Document (Carrier Documentation) $575 $1,010 $435 76 percent
I-140 Immigrant Petition for Alien Worker $700 $555 -$145 -21 percent
I-191 Application for Relief Under Former Section 212(c) of the Immigration and Nationality Act (INA) $930 $790 -$140 -15 percent
I-192 Application for Advance Permission to Enter as Nonimmigrant (CBP) $585 $1,400 $815 139 percent
I-192 Application for Advance Permission to Enter as Nonimmigrant (USCIS) $930 $1,400 $470 51 percent
I-193 Application for Waiver of Passport and/or Visa $585 $2,790 $2,205 377 percent
I-212 Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal $930 $1,050 $120 13 percent
I-290B Notice of Appeal or Motion $675 $700 $25 4 percent
I-360 Petition for Amerasian, Widow(er), or Special Immigrant $435 $450 $15 3 percent
I-485 Application to Register Permanent Residence $1,140 $1,130 -$10 -1 percent
I-485 Application to Adjust Status $750 $1,130 $380 51 percent
I-526 Immigrant Petition by Alien Investor $3,675 $4,010 $335 9 percent
I-539 Application to Extend/Change Nonimmigrant Status (online filing) $370 $390 $20 5 percent
I-539 Application to Extend/Change Nonimmigrant Status (paper filing) $370 $400 $30 8 percent
I-589 Application for Asylum and for Withholding of Removal $0 $50 $50 N/A
I-600/600A Adoption Petitions and Applications $775 $805 $30 4 percent
I-600A Supplement 3 Request for Action on Approved Form I-600A N/A $400 N/A N/A
I-601 Application for Waiver of Ground of Excludability $930 $1,010 $80 9 percent
I-601A Provisional Unlawful Presence Waiver $630 $960 $330 52 percent
I-612 Application for Waiver of the Foreign Residence Requirement (Under Section 212(e) of the INA, as Amended) $930 $515 -$415 -45 percent
I-687 Application for Status as a Temporary Resident $1,130 $1,130 $0 0 percent
I-690 Application for Waiver of Grounds of Inadmissibility $715 $765 $50 7 percent
I-694 Notice of Appeal of Decision $890 $715 -$175 -20 percent
I-698 Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A of the INA) $1,670 $1,615 -$55 -3 percent
I-751 Petition to Remove Conditions on Residence $595 $760 $165 28 percent
I-765 Application for Employment Authorization (Non-DACA) $410 $550 $140 34 percent
I-765 Application for Employment Authorization (DACA only) $410 $410 $0 0 percent
I-800/800A Adoption Petitions and Applications $775 $805 $30 4 percent
I-800A Supplement 3 Request for Action on Approved Form I-800A $385 $400 $15 4 percent
I-817 Application for Family Unity Benefits $600 $590 -$10 -2 percent
I-824 Application for Action on an Approved Application or Petition $465 $495 $30 6 percent
I-829 Petition by Investor to Remove Conditions $3,750 $3,900 $150 4 percent
I-881 Application for Suspension of Deportation $285 $1,810 $1,525 535 percent
I-881 Application for Special Rule Cancellation of Removal $570 $1,810 $1,240 218 percent
I-910 Application for Civil Surgeon Designation $785 $635 -$150 -19 percent
I-924 Application For Regional Center Designation Under the Immigrant Investor Program $17,795 $17,795 $0 0 percent
I-924A Annual Certification of Regional Center $3,035 $4,465 $1,430 47 percent
I-929 Petition for Qualifying Family Member of a U-1 Nonimmigran $230 $1,485 $1,255 546 percent
N-300 Application to File Declaration of Intention $270 $1,305 $1,035 383 percent
N-336 Request for Hearing on a Decision in Naturalization Proceedings (online filing) $700 $1,725 $1,025 146 percent
N-336 Request for Hearing on a Decision in Naturalization Proceedings (paper filing) $700 $1,735 $1,035 148 percent
N-400 Application for Naturalization (online filing) $640 $1,160 $520 81 percent
N-400 Application for Naturalization (paper filing) $640 $1,170 $530 83 percent
N-400 Application for Naturalization (paper filing) $320 $1,170 $850 266 percent
N-470 Application to Preserve Residence for Naturalization Purposes $355 $1,585 $1,230 346 percent
N-565 Application for Replacement Naturalization/Citizenship Document (online filing) $555 $535 -$20 -4 percent
N-565 Application for Replacement Naturalization/Citizenship Document (paper filing) $555 $545 -$10 -2 percent
N-600 Application for Certificate of Citizenship (online filing) $1,170 $990 -$180 -15 percent
N-600 Application for Certificate of Citizenship (paper filing) $1,170 $1,000 -$170 -15 percent
N-600K Application for Citizenship and Issuance of Certificate (online filing) $1,170 $935 -$235 -20 percent
N-600K Application for Citizenship and Issuance of Certificate (paper filing) $1,170 $945 -$225 -19 percent
USCIS Immigrant Fee $220 $190 -$30 -14 percent
Biometric Services (Non-DACA) $85 $30 -$55 -65 percent
Biometric Services (DACA only) $85 $85 $0 0 percent
G-1041 Genealogy Index Search Request (online filing) $65 $160 $95 146 percent
G-1041 Genealogy Index Search Request (paper filing) $65 $170 $105 162 percent
G-1041A Genealogy Records Request (online filing) $65 $255 $190 292 percent
G-1041A Genealogy Records Request (paper filing) $65 $265 $200 308 percent

For more information on USCIS Fee Increase,

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Copyright © 2020, Law Offices of Gail S. Seeram. All Rights Reserved.

Green cards and Employment Authorization Documents (EAD) NOT being PRINTED

The administration claims that its reduction in printing capacity is due to a USCIS budget shortfall that it has blamed on a reduction in fee revenue during the COVID-19 pandemic.  Currently, USCIS is facing a $1.2 billion funding crisis.  While COVID-19 has had a significant impact across our immigration system, USCIS has been on a path to financial ruin for years due largely to its own fiscal mismanagement.

The people impacted by these printing delays have already had their petitions and applications approved by USCIS. They have paid the often-exorbitant filing fees, completed the necessary paperwork, and gone through extensive background checks. Despite this, the agency says it “cannot speculate on future projections of processing times.”

This leaves hundreds of thousands of people without the documents needed to support themselves. These documents are important in normal times—but are even more critical during a worldwide pandemic.

USICS plans to furlough over 13,000 employees as of August 3 at a time when its own data confirms that the agency has a backlog of over 5.7 million pending cases. While the agency has asked Congress for emergency funding, the White House has yet to submit a formal request. It is unclear if Congress will be able to step in before the long August recess.  Congress should step in to provide enough funding to allow the agency to continue its operations. But Congress also must also exercise its constitutional oversight authority to create and boost meaningful accountability, transparency, and productivity within USCIS.

For more information on green cards and employment authorization documents,

text/call 407-292-7730 | whatsapp 407-353-1363 |email gail@gaillaw.com

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Copyright © 2020, Law Offices of Gail S. Seeram. All Rights Reserved.

F-1 M-1 International Students Can Take Full Online Courses & Remain in U.S.

On July 14, 2020 after lawsuits filed by several states, Harvard and MIT, the Trump administration said it would no longer require international students to attend in-person classes during the coronavirus pandemic in order to remain in the country.
DHS and ICE rescind or ended the policy barring International Students from taking online courses due to COVID-19. ICE will revert back to the guidance it issued in March that allows foreign students to take online courses to reside in the United States on F-1/M-1 visas. ICE agreed to a resolution less than five minutes into a hearing for the case Harvard and MIT filed last week
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On July 6, 2020, the Student and Exchange Visitor Program (SEVP) announced modifications  to a temporary exemptions for nonimmigrant students taking online classes due to the pandemic for the fall 2020 semester. In summary, F-1 M-1 students taking full online courses cannot remain in U.S. – they must attend in-person classes full-time for the fall 2020 semester.
Temporary exemptions for the fall 2020 semester include:

  1. Nonimmigrant F-1 and M-1 students attending schools operating entirely online may not take a full online course load and remain in the United States. The U.S. Department of State will not issue visas to students enrolled in schools and/or programs that are fully online for the fall semester nor will U.S. Customs and Border Protection permit these students to enter the United States. Active students currently in the United States enrolled in such programs must depart the country or take other measures, such as transferring to a school with in-person instruction to remain in lawful status. If not, they may face immigration consequences including, but not limited to, the initiation of removal proceedings.
  2. Nonimmigrant F-1 students attending schools operating under normal in-person classes are bound by existing federal regulations. Eligible F students may take a maximum of one class or three credit hours online.
  3. Nonimmigrant F-1 students attending schools adopting a hybrid model—that is, a mixture of online and in person classes—will be allowed to take more than one class or three credit hours online. These schools must certify to SEVP, through the Form I-20, “Certificate of Eligibility for Nonimmigrant Student Status,” certifying that the program is not entirely online, that the student is not taking an entirely online course load this semester, and that the student is taking the minimum number of online classes required to make normal progress in their degree program. The above exemptions do not apply to F-1 students in English language training programs or M-1 students pursing vocational degrees, who are not permitted to enroll in any online courses.

Schools should update their information in the Student and Exchange Visitor Information System (SEVIS) within 10 days of the change if they begin the fall semester with in-person classes but are later required to switch to only online classes, or a nonimmigrant student changes their course selections, and as a result, ends up taking an entirely online course load. Nonimmigrant students within the United States are not permitted to take a full course of study through online classes. If students find themselves in this situation, they must leave the country or take alternative steps to maintain their nonimmigrant status such as a reduced course load or appropriate medical leave.

Due to COVID-19, SEVP instituted a temporary exemption regarding online courses for the spring and summer semesters. This policy permitted nonimmigrant students to take more online courses than normally permitted by federal regulation to maintain their nonimmigrant status during the COVID-19 emergency.

Orlando Immigration Lawyer Gail Seeram advises F-1 and M-1 students to seek guidance from their school counselor.  If the F-1 M-1 students taking full online courses at current school then maybe the student may want to transfer to another school that has in-person classes so not to violate their F-1 M-1 status.

For more information on F-1 M-1 students taking full online courses,

text/call 407-292-7730 | whatsapp 407-353-1363 |email gail@gaillaw.com

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Copyright © 2020, Law Offices of Gail S. Seeram. All Rights Reserved.

COVID-19 and the U.S. Public Charge Rule

The “public charge” analysis or determination only applies to individuals seeking a green card or seeking permanent resident status in the U.S.  These individuals must prove they will be self-sufficient not be a “public charge” or rely on Federal or State public benefits.  Note, “public charge” does not apply to a U.S. citizen or someone who already has a green card or permanent residency in the U.S.

  1. Will getting tested, treatment or preventative care for COVID-19 impact my immigration application under the public charge rule? NO. On March 13, the U.S. Citizenship and Immigration Services (USCIS) announced that the agency will not consider “testing, treatment, nor preventative care (including vaccines, if a vaccine becomes available) related to COVID-19” as part of a public-charge determination, nor as related to the public benefit condition applicable to certain nonimmigrants seeking an extension of stay or change of status, even if such treatment is provided or paid for by one or more public benefits (e.g., federally funded Medicaid). USCIS is encouraging anyone with symptoms that resemble COVID-19 (e.g., fever, cough, shortness of breath) to seek necessary medical treatment or preventive services. USCIS has indicated that such treatment or preventive service “will not negatively affect any alien as part of a future public charge analysis.”
  2. Will obtaining unemployment insurance impact my immigration application under the public charge rule? NO. Unemployment insurance payments are not generally taken into consideration by the U.S. Department of Homeland Security (DHS) for purposes of making a public charge determination. As DHS explained in its final rule on inadmissibility on public charge grounds, “DHS would notconsider federal and state retirement, Social Security retirement benefits, Social Security Disability, post secondary education, and unemployment benefits as public benefits under the public charge inadmissibility determination as these are considered to be earned benefits through the person’s employment and specific tax deductions.”
  3. Will receiving a recovery rebate under the CARES Act impact my immigration application under the public charge rule? NO. On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security (CARES) Act, a $2 trillion dollar economic recovery package. The package offers relief to state and local governments, individuals, small and large businesses, and hospitals affected by the 2019 novel coronavirus (COVID-19) pandemic. In particular, the CARES Act provides for the issuance of one-time payments, called recovery rebates, (or commonly known as “stimulus checks”) to help individuals recover from the economic impacts of the COVID-19 pandemic. Eligible individuals with an adjusted gross income up to $75,000 can receive a one-time payment of $1,200. Married couples filing a joint tax return are eligible to receive a payment of $2,400, as long as their adjusted gross income is less than $150,000. Eligible individuals can also receive an additional $500 for each eligible child under the age of 17.. The recovery rebates are structured as automatically advanced tax credits to be disbursed by the Treasury Department. The DHS final rule on inadmissibility on public charge grounds is clear that tax credits are not taken into account for the purpose of a public charge determination.

For more information on Public Charge Rule,

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Travel Restrictions Brazil to USA

On Sunday, May 24, 2020, the Trump administration issued the following proclamation that reads in part, “I have determined that it is in the interests of the United States to take action to restrict and suspend the entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the Federative Republic of Brazil during the 14-day period preceding their entry or attempted entry into the United States.”

Why was this travel restrictions Brazil to USA issued? 

As of May 24, 2020, Brazil had more than 347,000 confirmed cases of coronavirus.

Who is exempt from travel restrictions Brazil to USA?

U.S. citizens, permanent residents and spouses of U.S. citizens are among those exempted from the newly introduced travel ban.

When does travel restrictions Brazil to USA end?

This is meant to be temporary in nature but no end date has been provided.

For more information on Travel Restrictions Brazil to USA

text/call 407-292-7730 | whatsapp 407-353-1363 |email gail@gaillaw.com

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Eligibility for U.S. Government Benefits due to Coronavirus and Public Charge Rule

With over 30 million people unemployed in the U.S. and availability of certain U.S. government benefits, many lawful permanent residents (or green card holders) and temporary non-immigrant visa holders are confused as to what benefits they can apply for and use without being considered a “public charge”. We will try to address some of the common questions about public charge and U.S. government benefits under coronavirus. 

Do people with green cards need to worry about using government services due to the coronavirus? No. The current public charge rule applies to people seeking to obtain a green card and does not apply to those who already have a green card. The new rule also requires those seeking to extend or change their nonimmigrant status to submit information on public benefits use.  This means that lawful permanent residents—those who already have green cards—do not need to worry about triggering the harsh effects of the public charge rule by using government services during the coronavirus.

Does filing for unemployment put someone at risk under public charge? No. When the Department of Homeland Security (DHS) published the public charge rule, it made clear that receiving unemployment benefits is not considered to be receiving a “public benefit.” This is because unemployment is an “earned benefit” that workers pay into with their paychecks. This includes Medicare and Social Security.  People seeking to file for unemployment generally must be legally authorized to work. Some states extend unemployment benefits to individuals with DACA, while others do not.

Does receiving government support for a coronavirus test put someone at risk under public charge No. Guidance posted on the U.S. Citizenship and Immigration Services (USCIS) website says that “USCIS will neither consider testing, treatment, nor preventative care (including vaccines, if a vaccine becomes available) related to COVID-19 as part of a public charge inadmissibility determination.”  The rule itself also exempts the use of Medicaid benefits for treatment of an “emergency medical condition.” Immigrants should not worry about using emergency Medicaid if they become sick with the virus and need treatment.

Could a period of unemployment due to the coronavirus put someone at risk under public charge? Maybe. Immigrants who are laid off due to the coronavirus could have their diminished financial wellbeing counted against them if they apply for a green card in the future or are forced to rely on public benefits to survive.  However, USCIS has indicated that individuals in that situation should provide additional evidence along with their application for a green card. They can explain that the hardship was due to COVID-19.

For more information on Coronavirus and Public Charge Rule,

text/call 407-292-7730 | whatsapp 407-353-1363 |email gail@gaillaw.com

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Copyright © 2020, Law Offices of Gail S. Seeram. All Rights Reserved.

Trump Suspends Entry for 60 days for Certain Immigrants

On April 22, 2020, President Trump signed a Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak.  This proclamation is viewed by many as a political maneuver by Trump to appeal to his anti-immigrant followers and is redundant since most visa issuances ALREADY stalled due to no interviews in U.S. offices and Embassies through June 2020.  The proclamation will be valid from April 23, 2020 until June 23, 2020.

The proclamation became effective on Thursday, April 23, 2020 at 11:59 PM (ET), and APPLIES to any individual seeking to enter the U.S. as an immigrant (or lawful permanent resident/green card holder) who:

  • Is outside the United States on the effective date of the proclamation;
  • Does not have a valid immigrant visa on the effective date; and

The temporary suspension of entry into the U.S. DOES NOT APPLY to:

  1. Lawful permanent residents (LPR)
  2. Spouses and children under 21 of US Citizens immigrating to the US through US Embassy/ US Consulate process
  3. All Foreign Nationals in the US applying for Permanent Residency through Adjustment of Status applications with USCIS
  4. All non-immigrant applicants applying through US Embassy/ US Consulate processing for temporary visas such as E-2, H1B, H-2B, E-3, L-1, O, P, F-1, B-1 and B-2 visitors visas etc.
  5. All EB-5 investors applying for Conditional Permanent Residency through the US Embassy/ US Consulate.
  6. Does not apply to Foreign Nationals who already have an immigrant visa in their passport and are outside the US.
  7. Individuals, and their spouses or children, seeking to enter the U.S. on an immigrant visa as a physician, nurse, or other healthcare professional; to perform medical research or other research intended to combat the spread of COVID-19; or to perform work essential to combating, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak, (as determined by the Secretaries of State and Department of Homeland Security (DHS), or their respective designees)
  8. Individuals who would further important U.S. law enforcement objectives (as determined by the Secretaries of DHS and State based on the recommendation of the Attorney General (AG), or their respective designees)
  9. Members of the U.S. Armed Forces and their spouses and children
  10. Individuals and their spouses or children eligible for Special Immigrant Visas as an Afghan or Iraqi translator/interpreter or U.S. Government Employee (SI or SQ classification)
  11. Individuals whose entry would be in the national interest (as determined by the Secretaries of State and DHS, or their respective designees).

For more information on Trump Suspends Entry for 60 days,

text/call 407-292-7730 | whatsapp 407-353-1363 |email gail@gaillaw.com

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