Below are excerpts from a publication released yesterday by the American Immigration Lawyers Association in response to Trump's "tweet" about limiting "immigration into the US." All bullet points below are authored by AILA, although edited down to the most important points for my firm's clients. From AILA: Unfortunately, this announcement is not a surprise. In the face of growing questions and criticism about Read More
Green card approval without USCIS interview?
Yesterday, the American Immigration Lawyers Association reported that based on a survey of AILA members, it appears that in some cases USCIS is approving some family-based and employment-based green cards without an interview. Interviews, which are normally a requirement for most green-card cases, cannot be conducted until at least May 4 because USCIS is closed due to COVID. Waiving the interview Read More
Unknown: The Implications of Last Night’s “Presidential” Tweet about Immigration
Last night, Trump tweeted that he was closing immigration to the US. No one knows what that means. USCIS is the agency that processes immigration in the US. The Department of State's embassies and consulates process US immigration from outside the US. The worst case scenario is that Trump actually effect a closure of both agencies' immigration operations. While there is no "best" case scenario following such a Read More
COVID & Change/Extension of Visa Status
USCIS/DHS just published the following statement about COVID Related Change/Extension of Visa Status: The Department of Homeland Security (DHS) recognizes that there are immigration-related challenges as a direct result of the coronavirus (COVID-19) pandemic. We continue to carefully analyze these issues and to leverage our existing resources and authorities to effectively address these challenges. DHS also Read More
Noncitizens Divorcing During COVID
Divorcing During COVID At any given time I represent clients who are in the process of divorcing a spouse. My representation on these cases ranges from joint I-751 petitions with notice to USCIS of the pending divorce to I-751 waiver petitions based on divorce to I-360 self-petitions based on abuse to an immigrant who wants to marry a US citizen but who still is married to someone else. Right now COVID presents Read More
H1B to Marriage Green Card?
Right now uncertainty is a part of life. Will I stay healthy? Will the people I love stay healthy? Will I keep my job? For people in the U.S. on nonimmigrant visas tied to their employment, this is an especially uncertain time. For example, individuals in the US on H1B visas must keep their employment in order to keep their H1B status and lawfully remain in the US. What should you do if your H1B employment may be Read More
USCIS Offices will remain closed until 5/4/2020.
USCIS offices have been closed since mid-March and were initially scheduled to reopen in early April. USCIS just announced that USCIS in-person services will remain closed until at least 5/4/2020. Your case may still continue to process with USCIS. In some cases, USCIS will reuse previously obtained biometrics and apply them to currently processing cases. That would allow USCIS to approve certain types of Read More
I have a green card. Can I be a “public charge”?
The new public charge rules implemented by this Administration are causing extreme stress and confusion among immigrant communities and their advocates. A question that frequently has arisen in my practice is whether a "green card" holder is subject to public charge rules. The answer is, generally, no. A green card holder with a ten-year green card or a two-year (conditional) green card is not subject to the Read More
Why Misrepresenting Yourself is an Immigration No-No
A top priority for the U.S. Citizenship and Immigration Services is to identify people who are attempting to abuse the U.S. immigration process. As a result, if USCIS finds that you are misrepresenting yourself or your history to try to get into, or stay in, the United States, the penalties are severe. According to 8 U.S.C. §1182(a)(6)(C)(i), "Any alien who, by fraud or willfully misrepresenting a Read More
Boston EOIR Cases Postponed, Except for Detained Cases
As of 3/18/2020 the Boston Immigration Court will only hear detained master calendar and individual hearings. If you have a hearing (and you are not detained) it is crucial that you stay on top of your case. You should call the EOIR hotline at 1-800-898-7180 on a regular basis (every few days) until you learn of the new hearing date. You will need your A# with you when you call. If you fail to attend the next Read More
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