The USCIS public charge rule is one of the most confusing and highly litigated rules in the history of the agency. Immigration attorneys will remember that the rule was initially supposed to go into effect in October of 2019, only to be stopped by federal courts. It then entered into effect in February of 2020,…
USCIS has been providing flexibility with some deadlines during the pandemic, but that was set to expire on September 11, 2020. USCIS has now provided a last minute extension, which will now apply to all listed requests that are issued between March 1 2020 and January 1, 2021. This should help people who are continuing…
On September 10, USCIS announced that it was implementing a new initiative called SAVE (Systematic Alien Verification for Entitlements). This initiative is aimed at sponsors of immigrants, which usually includes family filing petitions as well as other individuals who complete affidavits of support at some point during the process of becoming a lawful permanent resident.…
While the new DHS/USCIS fee rule adjusted the fees for many forms and benefit types, it also made some important changes to fee waivers and areas other than price. Here is a list of notable changes to the regulations as a result of the new rule: Explicitly require checks to be dated no more than…
USCIS announced on July 31, 2020, that it has finalized the rule for increases to many form types. The most important questions are when does it go into effect and what processes are becoming more expensive? When Are USCIS Prices Going Up? On October 2, 2020, the new USCIS price changes are going into effect.…
USCIS announced updates to its guidance on discretion in immigration decisions on July 15, 2020. While this guidance is aimed at adjudicators who are deciding whether to approve a benefit, it should be useful for arguing positive discretionary factors as well. The updates can be found in the USCIS Policy Manual: https://www.uscis.gov/policy-manual/volume-1-part-e-chapter-8 https://www.uscis.gov/policy-manual/volume-10-part-a-chapter-5
USCIS announced on June 29, 2020, applications for U Visas and adjustments of status based on those with U Status may have a new filing address. Residents of some states will be filing at the Nebraska Service Center rather than at the Vermont Service Center. USCIS is allowing for a 30-day grace period, after which…
On June 26, 2020, the Department of Homeland Security published a final rule titled “Asylum Application, Interview, and Employment Authorization for Applicants,” 85 Fed. Reg. 38,532. This rule was proposed on November 14, 2019 and received numerous comments. It will become law on August 25, 2020. The most serious changes for asylum applicants will be…
On June 22, 2020, The Trump Administration issued a new travel ban, effective June 24, 2020 at 12:01 AM. The new proclamation expands and modifies the one made on April 22, 2020, which affected a broader group of immigrants. It also adds new sections targeting high-skilled immigrants seeking to enter the US, particularly those in…
The Department of Homeland Security (DHS) will publish a new final rule on June 22, 2020, effective August 21, 2020, modifying features of the work permit process for asylum seekers. Some of the changes being made include: Eliminating the 30-day timeframe for adjudication of work permit requests for first-time applicants who have pending asylum applications…
In a decision issued by the Supreme Court on June 18, 2020, Chief Justice John Roberts wrote that the Trump Administration violated the law when it terminated DACA (Deferred Action for Childhood Arrivals) for hundreds of thousands of immigrants. The decision was based on the Trump Administration’s actions taken in terminating the program, its failure…
The US Government recently announced that MPP hearings were again being delayed due to the ongoing COVID-19 pandemic. DHS and EOIR issued a joint statement today explaining that hearings scheduled through July 17, 2020 will be rescheduled, and that they anticipate resuming hearings on July 20, 2020. Individuals should continue to check case status and…
