Alerts

Visa Bulletin - January 2020

The Visa Bulletin provides information regarding the cut-off dates which govern visa availability in the numerically limited visa categories and other immigrant visa related information. January 2020.

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Visa Bulletin - December 2019

The Visa Bulletin provides information regarding the cut-off dates which govern visa availability in the numerically limited visa categories and other immigrant visa related information. December 2019.

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Visa Bulletin - November 2019

The Visa Bulletin provides information regarding the cut-off dates which govern visa availability in the numerically limited visa categories and other immigrant visa related information. November 2019.

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Visa Bulletin - October 2018

The Visa Bulletin provides information regarding the cut-off dates which govern visa availability in the numerically limited visa categories and other immigrant visa related information. October 2018.

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New Public Charge Rule, Not Retroactive

by Alan Lee, Esq.

I have not read the advance copy of the final rule as it is over 800 pages, so this is not a comprehensive summary and is only based on reading the regulation itself and not the comments save for those dealing with health insurance. This can best be used as a quick guide to most of the changes to the public charge section. The rule goes into effect on 10/15/19, and all cases will be judged by it which are submitted on that day or after.

All cases submitted prior to that date will be judged by the old rules. Under the old rules, food stamps (SNAP), section 8 housing vouchers and any other benefits excluded from consideration now are not to be considered. Those that would be considered public benefits now and are received before 10/15/19 will be considered in the totality of the applicant’s circumstances, but will not be weighed heavily. Those include any amount of cash assistance for income maintenance, including SSI, Temporary Assistance for Needy Families (TANF), state and local cash assistance programs that provide benefits for income maintenance (often called general assistance programs), and programs including Medicaid supporting aliens who are institutionalized for long-term care, received, or certified for receipt.

The standard of proof in determining the public charge ground is whether someone is "more likely than not" at any time to become a public charge.

To read the whole article, click here.

USCIS Announces Long- Public Charge Inadmissibility Law

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.”

To read the whole article, click here.

ALERT: Raids to begin on Sunday July 14th, 2019

 According to the article from The New York Times, raids will begin on July 14th, 2019. 

The main focus of deportations will be individuals who have orders of deportation, however, the raids will include “collateral” deportations to immigrants who happen to be on the scene, even though they were not targets of raids. According to the article, ICE is targeting at least 2,000 immigrants who have order of deportation and the operation is expected to take place in at least 10 major cities. 

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Visa Bulletin - August 2019

The Visa Bulletin provides information regarding the cut-off dates which govern visa availability in the numerically limited visa categories and other immigrant visa related information. August 2019.

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Visa Bulletin - July 2019

The Visa Bulletin provides information regarding the cut-off dates which govern visa availability in the numerically limited visa categories and other immigrant visa related information. July 2019.

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