USCIS announces Flexibility for Requests for Evidence and Notices of Intent to Deny
In recognition of the challenges and difficulties that the Coronavirus (COVID-19) pandemic have brought to the Immigrant Community, U.S. Citizenship and Immigration Services has announced that it will adopt certain “flexibility” measures to assist applicants and petitioners who are responding to Requests for Evidence; Continuations to Request Evidence (N-14); Notices of Intent to Deny; Notices…
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….
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…
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…
Are your Translations properly Certified?
As part of the “Invisible Wall” strategy, USCIS has started issuing RFE’s (Requests for Evidence) and denials of applications and petitions related to English translations that are not properly certified. RFE’s result in processing delays, and, as you know, denials will result in the loss of all filing fees, time, and possibly your valid immigration…
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…
