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 NOT subject to the Public Charge Rule?
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…
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,…
When Should I File Form I-751?
Most conditional lawful permanent residents seem to know that U.S. Immigration law requires them to file their joint I-751 petition within the 90 day period (window) immediately before their conditional residence expires. This is something that conditional residents learn when they go through the process of obtaining conditional residency. While this rule seems easy enough…
Separated but not Divorced. Navigating the Jointly filed I-751 Petition to Remove Conditions on Residence – PART II
During the course of the more than 25 years that I have been an Immigration Lawyer, I have encountered my fair share of cases and situations where the primary driving force behind the problem I am attempting to solve is due to a change in circumstances that a family is experiencing. This can happen in…
