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USCIS announces Flexibility for Requests for Evidence and Notices of Intent to Deny

Posted on Apr 03, 2020

In recognition of the challenges and difficulties that the Coronavirus (COVID-19) pandemic have brought to the Immigrant Community, U.S. Citizenship and Immigration Services has announced that it will adopt certain “flexibility” measures to assist applicants and petitioners who are responding to Requests for Evidence; Continuations to Request Evidence (N-14); Notices of Intent to Deny; Notices…

The I-944 Declaration of Self Sufficiency and the Totality of Circumstances Test

Posted on Mar 26, 2020

As I explained in a previous post, if you are subject to the new Public Charge Rule, you will have to show DHS that you are not inadmissible by proving that you will be economically self-sufficient once you are granted permanent residence in the U.S. This is accomplished by filing an I-944 Declaration of Self…

How to comply with the Public Charge Rule if you are applying for Adjustment of Status.

Posted on Mar 26, 2020

If you are eligible to apply for your green card in the U.S., you will have to file a Form I-485 Application for Adjustment of Status with the U.S. Department of Homeland Security (DHS). This process of Adjustment of Status, which is distinguished from Consular Processing (ie. applying for your green card at a U.S….

USCIS announces that Coronavirus testing will not be considered in the Public Charge Rule analysis

Posted on Mar 15, 2020

On March 13, 2020, after President Trump declared a national emergency on account of the Coronavirus pandemic, USCIS made the following announcement to confirm that it will not count Coronavirus testing against aliens applying for immigration benefits: “USCIS encourages all those, including aliens, with symptoms that resemble coronavirus (COVID-19) (fever, cough, shortness of breath) to…

Who is NOT subject to the Public Charge Rule?

Posted on Mar 10, 2020

As discussed in previous blog posts, the Public Charge Rule does not apply to applications for Immigrant visas that are filed overseas at U.S. Consulates. Those applicants continue to be subject to the standards set forth in the FAM (Foreign Affairs Manual) and are required to file the Form DS-5540 Public Charge Questionnaire. In addition…

Who is subject to the Public Charge Rule?

Posted on Feb 27, 2020

U.S. Immigration law requires that alien immigrants seeking “admission” to the U.S. show that they are admissible in order to qualify for certain immigration benefits. In practice, immigrants meet this requirement in reverse, by proving that they are NOT inadmissible to the United States under the law. Section 212 of the Immigration and Nationality Act…

Public Charge Final Rule to be implemented on February 24, 2020

Posted on Feb 04, 2020

On January 27, 2020, the U.S. Supreme Court overturned a lower court injunction and ruled that the Trump administration can implement its Public Charge final rule (the Rule) which seeks to deny immigration benefits to immigrant applicants that the government deems likely to rely on public benefits. As such, USCIS announced that it will be…

If I file a joint I-751 with my spouse and we separate (but are still married), should I file a Change of Address with USCIS?

Posted on Jan 13, 2020

When spouses join in the filing of an I-751 petition and then separate, but stay married, the question arises as to whether they should file a Change of Address with USCIS. My answer to this question is usually that it depends upon whether: (1) the parties have physically separated and are living in different residence…

Adjustment of Status for Derivative Asylees

Posted on Nov 13, 2019

Many of my nunc pro tunc asylum clients find their way to my blog post and ultimately retain my law firm after finding out that they are ineligible to adjust status. In most cases, the applicants are taken by surprise and learn of their ineligibility by a written decision from USCIS, denying their adjustment application,…

How to extend your Conditional Permanent Resident Status

Posted on Nov 06, 2019

Green card applicants who are applying based upon a marriage to a U.S. citizen or permanent resident that is less than 2 years old will receive conditional permanent residence for 2 years. While a conditional permanent resident has all of the same rights (and responsibilities) as a permanent resident that is not subject to any…

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