What happens if I get divorced after I file a Joint I-751 Petition to Remove Conditions on Residence?
Over the years, I have received many inquiries from prospective clients who have separated or are considering separating from their spouse after they file a joint I-751 Petition to Remove Conditions on Residence. As I have explained in earlier blog posts, joint petitioners may still move forward with their I-751 as long as neither party…
Options for Green Card Holders seeking proof of U.S. immigration status to comply with I-9 requirements.
The global COVID-19 pandemic has resulted in many disruptions to USCIS processes and procedures. In addition to field office closures and processing delays, many permanent residents have reported that they are having a difficult time obtaining proof of their U.S. immigration status from USCIS after their green card or other evidence of status has expired. …
Major USCIS Fee Increases scheduled to take effect on October 2, 2020
Fees for many of the core USCIS applications and petitions will significantly increase starting on October 2, 2020. In the 25 years that I have been an Immigration Lawyer, I have never seen fees increase so dramatically. These fee increases include: I-485 Application for Adjustment of Status. The current fee for an I-485 Application for…
Exemptions for F-1 and M-1 Students taking Online Classes during the 2020 Fall Semester.
UPDATE: The Trump administration reversed its position on July 13, 2020 which would require F-1 and M-1 students to take at least one in-person course during the fall semester. Thus, the information in this blog post below has been superseded and is no longer applicable. This content, however, will be maintained for historical purposes. In…
USCIS Offices will Reopen on June 4 for In-Person Services
U.S. Citizenship and Immigration Services has announced that it is readying field offices to reopen on or after June 4, 2020 for In-Person services, including Interviews, Naturalization Oath Ceremonies, and InfoPass appointments. Although these offices have been closed to the public since March 18, 2020, USCIS reports that its employees in these offices have been…
The I-944 Declaration of Self Sufficiency and the Totality of Circumstances Test
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…
USCIS announces that Coronavirus testing will not be considered in the Public Charge Rule analysis
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 subject to the Public Charge Rule?
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
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?
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…
