DHS designates Ukraine for Temporary Protected Status (TPS)
On March 3, 2022, the Department of Homeland Security (DHS) announced that it had designated Ukraine for Temporary Protected Status (TPS) for a period of 18 months. This designation of TPS will allow eligible nationals from Ukraine to apply for protected status and also to apply for a work permit (which is optional). What are…
May 29, 2020 Presidential Proclamation Suspending the Entry of Certain Students and Researchers from the People’s Republic of China
On May 29, 2020, President Trump announced his latest Presidential Proclamation aimed at restricting Immigration into the United States. Scheduled to take effect on June 1, 2020, the Proclamation effectively suspends the entry of all nationals from the Peoples Republic of China (PRC) who are seeking to enter the U.S. on a nonimmigrant F or…
Things you can do to improve your chances that you will NOT be found likely to be a Public Charge in the future.
Yes, I know that this is a long title for a blog post. But after spending a lot of time going over all of the details of the new Public Charge Rule (the Rule) and working with clients on preparing and submitting the new I-944 Declaration of Self Sufficiency, I have been taking mental notes…
Immigrants and Recovery Rebates under the CARES Act
On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law, providing the U.S. economy with a $2 trillion dollar economic recovery package. The package offers financial relief to state and local governments, individuals, small and large businesses, and hospitals that were affected by Coronavirus pandemic. Of particular interest…
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….
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….
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…
How to extend your Conditional Permanent Resident Status
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…
Dual Citizenship under U.S. Immigration Law
A common question of foreign nationals who are considering becoming Naturalized U.S. citizens is whether they are allowed to hold dual nationality and keep the nationality of their birth country, or any other nationalities that they may have. My answer is “it depends.” First of all its important to understand that there are actually several…
