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…
How to comply with the Public Charge Rule if you are applying for Adjustment of Status.
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….
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…
Adjustment of Status for Derivative Asylees
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,…
Adjustment of Status for Nunc Pro Tunc Asylees
As I explained in a previous blog post, there are a variety of ways that derivative asylees may lose their eligibility to file for adjustment of status. This can happen, for example, when the principal asylee becomes a U.S. citizen (or dies), or where the derivative asylee gets married. In these situations, while the derivative…
Employment Authorization for Conditional Permanent Residents Whose Status Has Been Rerminated.
Even after USCIS terminates their status, conditional lawful permanent residents who are in removal proceedings before an Immigration Judge remain eligible to work in the United States. Under U.S. immigration law, conditional lawful permanent residents retain their permanent residency until a final administrative order of removal is entered — either by an Immigration Judge or,…
