What is a “Prima Facie Determination”? – Part II
I have received a lot of feedback and interest from my first blog post, “What is a Prima Facie Determination.” In this post, I will attempt to answer some of the most common questions that client have once they have received their Prima Facie Determination notice from USCIS. As you review this information, please understand…
USCIS Offices will Reopen on June 4 for In-Person Services
U.S. Citizenship and Immigration Services has announced that it is readying field offices to reopen on or after June 4, 2020 for In-Person services, including Interviews, Naturalization Oath Ceremonies, and InfoPass appointments. Although these offices have been closed to the public since March 18, 2020, USCIS reports that its employees in these offices have been…
Immigrants and Recovery Rebates under the CARES Act
On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law, providing the U.S. economy with a $2 trillion dollar economic recovery package. The package offers financial relief to state and local governments, individuals, small and large businesses, and hospitals that were affected by Coronavirus pandemic. Of particular interest…
COVID-19 Related Delays in I-539 Extension/Change of Status Applications
The Department of Homeland Security has issued an advisory acknowledging that temporary non-immigrants are facing challenges in regards to maintaining their immigration status due to the COVID-19 pandemic. While nonimmigrants are generally advised to depart the U.S. before their authorized period of stay expires, where COVID-19 related circumstances cause them to remain in the U.S….
Heavily Weighted Negative and Positive Factors under the Public Charge Rule
As explained in a previous post, the Public Charge Rule requires USCIS adjudicators to apply a minimum of seven different factors to immigrant applicants to determine whether they are likely to become a public charge in the future. This has become known as the “Totality of Circumstances” test. In addition to applying this test, adjudicators…
USCIS announces Flexibility for Requests for Evidence and Notices of Intent to Deny
In recognition of the challenges and difficulties that the Coronavirus (COVID-19) pandemic have brought to the Immigrant Community, U.S. Citizenship and Immigration Services has announced that it will adopt certain “flexibility” measures to assist applicants and petitioners who are responding to Requests for Evidence; Continuations to Request Evidence (N-14); Notices of Intent to Deny; Notices…
The I-944 Declaration of Self Sufficiency and the Totality of Circumstances Test
As I explained in a previous post, if you are subject to the new Public Charge Rule, you will have to show DHS that you are not inadmissible by proving that you will be economically self-sufficient once you are granted permanent residence in the U.S. This is accomplished by filing an I-944 Declaration of Self…
How to comply with the Public Charge Rule if you are applying for Adjustment of Status.
If you are eligible to apply for your green card in the U.S., you will have to file a Form I-485 Application for Adjustment of Status with the U.S. Department of Homeland Security (DHS). This process of Adjustment of Status, which is distinguished from Consular Processing (ie. applying for your green card at a U.S….
USCIS announces that Coronavirus testing will not be considered in the Public Charge Rule analysis
On March 13, 2020, after President Trump declared a national emergency on account of the Coronavirus pandemic, USCIS made the following announcement to confirm that it will not count Coronavirus testing against aliens applying for immigration benefits: “USCIS encourages all those, including aliens, with symptoms that resemble coronavirus (COVID-19) (fever, cough, shortness of breath) to…
Who is NOT subject to the Public Charge Rule?
As discussed in previous blog posts, the Public Charge Rule does not apply to applications for Immigrant visas that are filed overseas at U.S. Consulates. Those applicants continue to be subject to the standards set forth in the FAM (Foreign Affairs Manual) and are required to file the Form DS-5540 Public Charge Questionnaire. In addition…
