The Little Things That Often Become Big Immigration Problems
One of the reasons I enjoy practicing immigration law is that no two cases are exactly alike. Even when two clients appear to have very similar situations, the details are almost always different. After working in this field for over 30 years, having had the benefit of working with thousands of immigrants, and after reading…
USCIS Reframes Adjustment of Status as “Extraordinary Relief”
For decades, adjustment of status has been one of the most important features of the U.S. immigration system. It allows many individuals who are already lawfully present, or otherwise eligible under the Immigration and Nationality Act, to become lawful permanent residents without leaving the United States for an immigrant visa interview abroad. That process has…
New Public Charge Guidance: How the State Department’s Expanded Health and Financial Review May Affect Visa Applicants
Recent reporting confirms that the U.S. Department of State (DOS) has issued new internal guidance—via a cable distributed to consular posts worldwide—significantly expanding how consular officers evaluate visa applicants under the public charge ground of inadmissibility (INA §212(a)(4)). Although the statute itself has not changed, this directive reshapes the analysis by placing far heavier weight…
Unlawful Presence vs. Out of Status: What Every Immigrant Needs to Know
When it comes to U.S. immigration law, a common source of confusion is the difference between “unlawful presence” and “out of status.” These terms are not interchangeable – and knowing the difference can be the key to avoiding bars to reentry or serious immigration problems. Unlawful presence begins when you stay in the United States…
New USCIS Policy: Understanding How “Anti-American Views” Could Impact Your Immigration Case
Navigating U.S. immigration law can be complex, and recent policy updates from U.S. Citizenship and Immigration Services (USCIS) have introduced significant changes, particularly concerning how “anti-American views” can affect your immigration case. Everyone who is seeking U.S. immigration benefits should understand these new guidelines. What’s Changing? Effective immediately for all pending and newly filed requests,…
Public Charge Rule Update: Changes at USCIS, Department of Justice, and Department of State
As a result of recent federal court rulings, USCIS, the U.S. Department of Justice, and the U.S. Department of State have issued new guidance on how the Public Charge Rule (originally implemented on February 24, 2020) will be applied. In sum, USCIS has announced that it will not apply the February 24, 2020 Public Charge…
Will I be affected by President Trump’s April 22, 2020 Proclamation Suspending Entry of Immigrants?
On April 22, 2020, President Trump signed an Executive Order (Proclamation) suspending entry of certain Immigrants into the U.S. on the ground that they will pose a risk to the U.S. labor market during the economic recovery from the COVID-19 pandemic. Although, like most Immigration-related orders that come out of the Trump White House, it…
COVID-19 Related Delays in I-539 Extension/Change of Status Applications
The Department of Homeland Security has issued an advisory acknowledging that temporary non-immigrants are facing challenges in regards to maintaining their immigration status due to the COVID-19 pandemic. While nonimmigrants are generally advised to depart the U.S. before their authorized period of stay expires, where COVID-19 related circumstances cause them to remain in the U.S….
Applications to Change or Extend Nonimmigrant Status will be closely examined under the new Public Charge Rule.
In a previous blog post, I wrote about the new Public Charge Rule which will go into effect on October 15, 2019. The most immediate effects of this Rule may be felt by applicants who file I-539 applications or I-129 petitions to extend or change their nonimmigrant status on or after this effective date. According…
The 90 Day Rule
As of September 1, 2017, the U.S. Department of State replaced the 30/60 Day Rule with the 90 Day Rule which establishes a presumption of a willful misrepresentation in the event that an alien takes any action within 90 days of entry that is inconsistent with the terms of his or her nonimmigrant status on…
