On March 9, 2021, the Seventh Circuit Court of Appeals lifted its stay to keep the rule in place and the U.S. District Court for the Northern District of Illinois vacated the Public Charge Final Rule.

USCIS removed the I-944 form, Declaration of Self-Sufficiency, from its website and after March 9, 2021, will no longer consider any information provided that relates to the public charge final rule.


Processing Time Increase and … Fee Increase

USCIS processing times have increased 94% since 2014 and 46% between 2016 and 2018.  Unsurprisingly USCIS now wants to raise their fees for popular applications between 55% and 83%.  See ILRC’s table below.

Benefit Sought  Current Fees   Proposed 

     Fees

       Net

  Difference

    % Change
Naturalization $640 $1,170 $530 83%
Adjustment of Status $1,225 $2,195 $970 79%
Asylum N/A $50 $50 N/A
DACA $495 $765 $270 55%


New Rule About Public Charge Goes Into Effect on October 15, 2019

I just received this email from USCIS about the new Public Charge rule.

Regulation promotes self-sufficiency and immigrant success

Today, the U.S. Department of Homeland Security (DHS) announced a final rule that clearly defines long-standing law to better ensure that aliens seeking to enter and remain in the United States — either temporarily or permanently — are self-sufficient and rely on their own capabilities and the resources of family members, sponsors, and private organizations rather than on public resources.

This final rule amends DHS regulations by prescribing how DHS will determine whether an alien is inadmissible to the United States based on his or her likelihood of becoming a public charge at any time in the future, as set forth in the Immigration and Nationality Act. The final rule addresses U.S. Citizenship and Immigration Services (USCIS) authority to permit an alien to submit a public charge bond in the context of adjustment of status applications. The rule also makes nonimmigrant aliens who have received certain public benefits above a specific threshold generally ineligible for extension of stay and change of status.

“For over a century, the public charge ground of inadmissibility has been part of our nation’s immigration laws. President Trump has delivered on his promise to the American people to enforce long-standing immigration law by defining the public charge inadmissibility ground that has been on the books for years,” said USCIS Acting Director Ken Cuccinelli. “Throughout our history, self-sufficiency has been a core tenet of the American dream. Self-reliance, industriousness, and perseverance laid the foundation of our nation and have defined generations of hardworking immigrants seeking opportunity in the United States ever since. Through the enforcement of the public charge inadmissibility law, we will promote these long-standing ideals and immigrant success.”

DHS has revised the definition of “public charge” to incorporate consideration of more kinds of public benefits received, which the Department believes will better ensure that applicants subject to the public charge inadmissibility ground are self-sufficient. The rule defines the term “public charge” to mean an individual who receives one or more designated public benefits for more than 12 months, in the aggregate, within any 36-month period (such that, for instance, receipt of two benefits in one month counts as two months). The rule further defines the term “public benefit” to include any cash benefits for income maintenance, Supplemental Security Income (SSI), Temporary Assistance to Needy Families (TANF), Supplemental Nutritional Assistance Program (SNAP), most forms of Medicaid, and certain housing programs.

The regulation also excludes from the public benefits definition: public benefits received by individuals who are serving in active duty or in the Ready Reserve component of the U.S. armed forces, and their spouses and children; public benefits received by certain international adoptees and children acquiring U.S. citizenship; Medicaid for aliens under 21 and pregnant women; Medicaid for school-based services (including services provided under the Individuals with Disabilities Education Act); and Medicaid benefits for emergency medical services.

This rule also makes certain nonimmigrant aliens in the United States who have received designated public benefits above the designated threshold ineligible for change of status and extension of stay if they received the benefits after obtaining the nonimmigrant status they seek to extend or from which they seek to change.

Importantly, this regulation does not apply to humanitarian-based immigration programs for refugees, asylees, Special Immigrant Juveniles (SIJs), certain trafficking victims (T nonimmigrants), victims of qualifying criminal activity (U nonimmigrants), or victims of domestic violence (VAWA self-petitioners), among others. 

This rule also explains how USCIS will exercise its discretionary authority, in limited circumstances, to offer an alien inadmissible only on the public charge ground the opportunity to post a public charge bond. The final rule sets the minimum bond amount at $8,100; the actual bond amount will be dependent on the individual’s circumstances.

This final rule supersedes the 1999 Interim Field Guidance on Deportability and Inadmissibility on Public Charge Grounds and goes into effect at midnight Eastern, Oct. 15, 60 days from the date of publication in the Federal Register. USCIS will apply the public charge inadmissibility final rule only to applications and petitions postmarked (or, if applicable, submitted electronically) on or after the effective date. Applications and petitions already pending with USCIS on the effective date of the rule (postmarked and accepted by USCIS) will be adjudicated based on the 1999 Interim Guidance.   

USCIS will provide information and additional details to the public as part of public outreach related to the implementation of this rule. In the coming weeks, USCIS will conduct engagement sessions for the public and other interested groups to ensure the public understands which benefits are included in the public charge inadmissibility rule and which are not.


USCIS Message: No payment Over Phone or Email

This important message was received today from USCIS.

“Dear Stakeholder,

Immigrants all over the country are being targeted in scams. Don’t be one of the victims! Scammers may call or email you, pretending to be a government official. They will say that there is a problem with an application or additional information is required to continue the immigration process. They will then ask for personal and sensitive details, and demand payment to fix any problems.

Remember, USCIS officials will never ask for payment over the phone or in an email. If we need payment, we will mail a letter on official stationery requesting payment.

If you receive a scam email or phone call, report it to the Federal Trade Commission at http://1.usa.gov/1suOHSS. If you are not sure if it is a scam, forward the suspicious email to the USCIS Webmaster at uscis.webmaster@uscis.dhs.gov. USCIS will review the emails received and share with law enforcement agencies as appropriate.

Visit the Avoid Scams Initiative at uscis.gov/avoidscams for more information on common scams and other important tips. If you have a question about your immigration record, call customer service at 800-375-5283 or make an InfoPass appointment at http://infopass.uscis.gov.

Kind Regards,

USCIS Public Engagement Division”


Expanded Provisional Waiver Effective August 29, 2016

BEFORE AFTER

Currently, the Provisional Waiver applies to immediate relatives who are children and spouses of U.S. Citizens.  As of August 29, 2016, the Provisional Waiver also applies to children and spouses of Lawful Permanent Residents, including all beneficiaries of family-sponsored, employment-based immigrant visa petitions, as well as Diversity Visa Selectees who have a qualifying relative (U.S. Citizen or Lawful Permanent Resident spouse or parent) for purposes of the extreme hardship determination.

FAMILY UNITY

The Provisional Waiver is a remedy for unlawfully present individuals to leave the United States, attend their immigrant visa interviews and return to the United States legally to reunite with their U.S. Citizen or Lawful Permanent Resident (LPR) family members.  Having an approved provisional waiver helps facilitate immigrant visa issuance at the consulate and reduces the time that applicants are separated from their U.S. citizen or LPR family members.

EXTREME HARDSHIP

The Immigration Nationality Act does not define extreme hardship.  The Board of Immigration Appeals (BIA) has stated that extreme hardship depends upon the facts and circumstances of each case.  Therefore, USCIS will make extreme hardship determinations for purposes of provisional waivers on a case-by-case basis.

GROUND OF INADMISSIBILITY

The Provisional Waiver is for applicants whose only ground of inadmissibility is unlawful presence, not misrepresentation, not criminal and not more egregious immigration violations other than unlawful presence (entry without inspection, remaining without authorization, overstays).


Record Change, Reduction, Expungement and Clean Slate Practice

Reclassification” under Proposition 47 (also called “Record Change”) allows people with certain low-level, nonviolent felonies to change those convictions to misdemeanors.  You are not excluded if you served a prison sentence.

Reduction” under Penal Code 17(b) is another law that allows people to reduce some felony convictions to misdemeanors.  A case is not eligible if the person was sentenced to prison for the case, even if no prison time was actually served.  There are many convictions that are eligible for a Penal Code 17(b) reduction that are not eligible for Prop. 47 reclassification.

“Expungement,” also known as “set aside and dismissal” in California, allow people to seek a specific type of dismissal of their prior case.  Most misdemeanors, felonies and non-traffic infractions that didn’t result in a prison sentence are eligible for expungement.  Offenses that resulted in local prison sentences are also eligible for expungements.  Convictions that resulted in a prison sentence are ineligible for this relief.

“Clean Slate Practice” refers to a practice of law where attorneys draw from all legal remedies available to assist individuals with both legal and civil issues in order to help them overcome the barriers that flow from incarceration, also defined as the “collateral consequences of incarceration.”

Source: ILRC




Green Cards for Gays and Lesbians through Same Sex Marriage

Today, the U.S. Supreme court struck down DOMA, the Defense of Marriage Act, the law which prevented the federal government from recognizing same-sex marriages which were legalized by some of our states. In United States v. Windsor, in a 5-4 decision, the court found DOMA to be unconstitutional.
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Immigration Reform Faces Long Odds In Republican-Led House

Mo Brooks says it best that we should not worry about the political impact but what is in the best interest of America. Unfortunately, he sees the subjects of immigration reform as lawbreakers. I guess the British who sailed on the Mayflower to escape religious persecution in America were also lawbreakers.

Evelyne M. Hart.
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Obama to Push Ahead on Immigration Overhaul Early in 2013

The simplest comprehensive reform is to grant the same amnesty that existed from 1986 through 2001. That amnesty was called 245(i). Simply, put, the applicant pays a $1,000 penalty and follows the same process as for applicants who entered legally. There is no need to create a new process because the process exists already. After the lawful permanent resident holds the green card for 5 years, she can apply for citizenship.

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Three Myths Regarding the Adjustment of Status Process

In reading some of the online immigration forums, we have noticed that there are a few myths on the internet about the adjustment of status, also known as the Green Card process. We hope this post helps to clear up any confusion you have about the process of getting your Green Card.

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USCIS Launches Online Immigration System, USCIS ELIS

U.S. Citizenship and Immigration Services (USCIS) today launched the first phase of its electronic immigration benefits system, known as USCIS ELIS. The system has been created to modernize the process for filing and adjudicating immigration benefits.

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Motion for Bond Hearing

My client was detained by Immigration and Customs Enforcement in one of the local detention centers in Orange County. He has a conviction for assault (California Penal Code Section 245). He has a 2-year green card with an I-751 pending. He is married to a U.S. Citizen and has 3 U.S. born children. He has a job. His employer wrote a letter that he is such a terrific worker that he will have his job back once he is out of detention. ICE refused to grant bond.

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Taiwanese Immigrants in the United States

Comprising only a small share of all immigrants in the United States, the foreign born from Taiwan seem to embody the very spirit of the Asian Tiger. As of 2010, Taiwanese immigrants exhibited extremely high levels of educational attainment; a notable tendency toward homeownership; and elevated rates of employment in management, business, information technology, and certain other professional, science, and engineering fields compared to the foreign-born population overall.

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New Americans in Virginia

This news article shows that immigrants and even illegal immigrants do contribute to the U.S. economy – they do not deplete the U.S. economy. The popular argument by the right that we need to deport illegal immigrants because they drain our resources is faulty. Evelyne M. Hart

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