Posted on July 09, 2020 in Immigration

Who would have thought that you could become a U.S. citizen from the comfort of your car? With thousands of Naturalization Oath Ceremonies cancelled throughout the country due to the COVID-19 pandemic, USCIS had to adapt and started scheduling drive-through ceremonies to swear in immigrants as American citizens.

With the COVID-19 pandemic cancelling in-person services at USCIS for months, those who had already passed their Naturalization interviews saw their ceremonies cancelled. For many immigrants, this was more than a mere inconvenience. For most, their naturalization ceremony is a symbol of the much awaited end of a long and difficult journey, but it is also a requirement to vote in U.S. elections, request a U.S. passport, serve in a jury, and petition certain family members. So most were surely thrilled when some USCIS offices finally started to reschedule oath ceremonies and modified their set up to prevent the spread of the virus. Immigrants pull into the assigned parking lot at the scheduled day and time, provide their identification to a USCIS officer wearing personal protective equipment, and get sworn in through their car window.

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 Posted on July 08, 2020 in Immigration

Days are usually hectic at our office, but we rarely get a case that makes us stop in our tracks and refocus our work as much as one of these. It usually starts with a phone call from the beneficiary. They often sound nervous and scared, but the facts are usually similar. They met who they thought it was a loving and supporting partner (who happened to be a U.S. citizen), they married this person, and they filed the petition and adjustment application based on the marriage. However, now things have changed and the spouse refuses to go to the marriage interview with U.S. Citizenship and Immigration Services.

Both the beneficiary and petitioner are required to attend the marriage-based interview with an immigration officer. If your spouse refuses to go, this could be a problem and put your whole process at risk. Now, sometimes the beneficiary qualifies for another kind of petition, such as a VAWA (Violence Against Women Act) self-petition. At times the refusal to attend the interview is part of a pattern of abuse and control by the petitioner. For instance, if the petitioner has ever been abusive against the applicant, either physically harming, insulting, belittling, manipulating, threatening, or taking advantage financially of the beneficiary, among other situations, VAWA could be an option.

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 Posted on July 07, 2020 in Immigration

Divorces are difficult. If you add to that the stress of going through an immigration process, this can be quite taxing. Generally, if your green card has been granted for 10 years, a divorce should not affect your immigration status. However, if you were married for less than 2 years at the time of your green card approval and you received the benefit for being the spouse of a green card holder or U.S. citizen, you green card would be considered “conditional” and only issued for 2 years.

In order to remove the conditions of your green card and receive your permanent status, you will need to submit an application to USCIS. Typically, these applications are submitted within 90 days of your conditional green card expiration date. Couples who are still together need to submit a joint application, evidence of the bona fides of their marriage, and likely attend an additional interview before USCIS issues a decision. Now, the process varies greatly if you are no longer with your spouse, but it’s still viable for most applicants through a waiver. Here are potential options:

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 Posted on July 01, 2020 in Immigration

USCIS is extending the flexibilities to give more time to applicants to respond to requests for evidence and submit appeals, among other measures. The new flexibility applies to notifications issued between between March 1 and Sept. 11, 2020, inclusive. Applicants who have received one of the following notifications will have an additional 60 days to respond after the due date indicated in the notification.

• Requests for Evidence;
• Continuations to Request Evidence (N-14);
• Notices of Intent to Deny;
• Notices of Intent to Revoke;
• Notices of Intent to Rescind and Notices of Intent to Terminate regional investment centers;
• Filing date requirements for Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA); or
• Filing date requirements for Form I-290B, Notice of Appeal or Motion.

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 Posted on July 01, 2020 in Immigration

Back in May, U.S. Citizenship and Immigration Services had announced the potential furlough of up to 70% of its workforce in August if they do not receive the necessary funding required to keep the agency open. With a lower number of immigrants applying for immigration benefits and the federal government not agreeing to provide the $1.2 billion loan the agency required, furloughs seem imminent. USCIS has recently issued furlough notices to some employees, signaling potential drawbacks for applicants.

USCIS receives a significant portion of its funding from filing fees paid by applicants, but these have dropped to half since the COVID-19 pandemic started. If Congress does not allocate additional resources to USCIS, immigrants could expect longer wait times to see their applications adjudicated. If you are concerned about how these issues may potentially impact your case, contact our office for a initial consultation.

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 Posted on June 28, 2020 in Immigration

Within immigration law, asylum seekers are one of the most vulnerable populations. In order to qualify for asylum, applicants must demonstrate a “credible fear of persecution or torture.” A new proposed rule would make the asylum process significantly more difficult, allowing denials to be issued without a right to have immigration case heard in court. It would also change the standard for “credible fear of persecution or torture,” making an approval almost impossible for those immigrants seeking protection based on being victims of domestic violence, gender-based discrimination, or gang-related violence. The changes also make the process more challenging, allowing the government to put more weight on discretionary factors. These measures would end the possibility of asylum for thousands of immigrants escaping unspeakable harm and violence in their home countries.

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 Posted on June 26, 2020 in Immigration

The United States government has extended the ban on immigrant visas issued outside the United States, adding temporary visas as well. The ban is now extended until the end of 2020 and it now includes H-1B, H-2B, L-1, and J-1 visas. The few exceptions, such as the ones for immigrants working in COVID-19 treatment and prevention, would not apply to a significant number of applicants. This measure should not affect individuals filing for their green card in the United States through Adjustment of Status or those who already hold a visa.

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 Posted on June 25, 2020 in Immigration

This past June 18th, the United States Supreme Court ruled that the government’s attempt to end DACA was unlawful. The court found that the U.S. Department of Homeland Security does have the authority to end DACA, but that it had proceeded in an arbitrary and capricious manner in doing so, thus the ending of the program is illegal.

This is a life changing decision for thousands of young immigrants who were brought to this country as children. It allows them to continue to life, work, and pursue an education in the United States. U.S. Citizenship and Immigration Services has yet to implement the changes, but the decision provides a temporary stop to the end of the program, as multiple challenges to DACA continue to move through the courts. Once new guidelines are implemented, initial applications for DACA-eligible individuals and new applications for Advance Parole (travel permits) should be accepted by the government.

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 Posted on June 15, 2020 in Immigration

Immigration law continues to be a fascinating and interesting topic of conversation in our country. It is volatile and complex and one of the many questions that arise are typically linked to issues on asylum. This particular area of immigration law has many layered and detailed nuances that might confuse asylum seekers and it is important to know them to better see if any potential candidates can apply to it or not.

Understanding asylum

Each year, there are thousands of foreigners who choose to enter into the United States seeking asylum from their home countries. Asylum is the protection that a country can grant unto a person who is classified as a refugee.

A refugee is a person who is being persecuted or will be persecuted from his or her home country and is seeking the protection of another.

How to qualify

There are various ways that a person can qualify for asylum and the applicant must qualify in one out of the five following categories. The person must be persecuted or in danger of being persecuted due to his or her race, religion, nationality, membership to a particular social group, and/or political opinion.

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 Posted on May 04, 2020 in Immigration

The U.S. immigration system has been in a state of flux for some time now. Officials seem determined to change even longstanding, fundamental aspects of the process. One of the latest targets? The cost of immigration.

In 2020, immigrating to the U.S. will likely become much more expensive for most people. Here are some of the biggest expected changes.

A fee for asylum seekers

When the current White House administration announced the proposed fee changes in November of 2019, many people highlighted the impact on asylum seekers. Traditionally, the U.S. has not charged individuals looking for this type of humanitarian help. That is in line with the rest of the world – currently, only three countries require asylum seekers to pay a fee.

The United States may soon make it four. Under the proposed rules, asylum seekers would have to pay a $50 application fee.

A more expensive citizenship form

Another proposed change that raised eyebrows? The new fee for the N-400 form, which green card holders use to apply for citizenship. The current fee is $640, plus an $85 biometrics cost. Under the new rules, the cost would jump to $1,170, an increase of more than 60%.

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