New Rule requiring Immigrants to show proof of Health Care coverage
On October 4, 2019, President Trump issued a proclamation requiring many future immigrants to show that they can afford health care as a condition to obtaining approval of their immigrant visa applications. In short, this new rule will require applicants for immigrant visas (green cards) to show that they have health insurance or have the…
Applications to Change or Extend Nonimmigrant Status will be closely examined under the new Public Charge Rule.
In a previous blog post, I wrote about the new Public Charge Rule which will go into effect on October 15, 2019. The most immediate effects of this Rule may be felt by applicants who file I-539 applications or I-129 petitions to extend or change their nonimmigrant status on or after this effective date. According…
What is a “Prima Facie Determination”?
As you review this information, please understand that I am an IMMIGRATION LAWYER and not a specialist in U.S. government benefits. IF YOU HAVE ANY QUESTIONS ABOUT ANY OF THE SPECIFIC PROGRAMS BELOW, PLEASE DIRECT THEM TO THE RELATED GOVERNMENT AGENCIES, NOT TO MY OFFICE. If you file an I-360 Petition for Amerasian, Widow(er), or…
Employment Authorization for Conditional Permanent Residents whose status has been terminated.
Even after their status has been terminated by USCIS, conditional lawful permanent residents who are in proceedings before an Immigration Judge remain eligible to work in the U.S. This is due to the fact that under U.S. immigration law, conditional lawful permanent residents retain their permanent residency up until the entry of a final administrative…
The 90 Day Rule
As of September 1, 2017, the U.S. Department of State replaced the 30/60 Day Rule with the 90 Day Rule which establishes a presumption of a willful misrepresentation in the event that an alien takes any action within 90 days of entry that is inconsistent with the terms of his or her nonimmigrant status on…
The New USCIS Public Charge Rule
FEBRUARY 3, 2020 UPDATE: USCIS has announced that it will be implementing the Inadmissibility on Public Charge Grounds final rule (except in Illinois) and applying it to all petitions and applications filed with USCIS on or after February 24, 2020. When determining whether an alien is likely to become a public charge at any time…
How Your Social Media posts can ruin your Immigration Case.
On May 31, 2019, the U.S. Department of State updated it’s immigrant and nonimmigrant visa application forms (Forms DS-260 and DS-160) to request information about “social media identifiers” from most U.S. visa applicants worldwide. A social media identifier means any social media or mobile communications accounts, identifiers, user names, short-code designations, handles, or nick-names. In…
Should I hire an Immigration Lawyer to prepare and file my forms?
This question reminds me of the old saying: “If you walk into a Barber shop and ask the Barber whether or not you need a haircut, you will leave the Barbershop with a haircut.” Without a doubt, as Immigration Lawyers, we are in the business of selling our services, so we have an obvious interest…
When Should I File Form I-751?
Most conditional lawful permanent residents seem to know that U.S. Immigration law requires them to file their joint I-751 petition within the 90 day period (window) immediately before their conditional residence expires. This is something that conditional residents learn when they go through the process of obtaining conditional residency. While this rule seems easy enough…
Separated but not Divorced. Navigating the Jointly filed I-751 Petition to Remove Conditions on Residence – PART III
On November 30, 2018, USCIS issued a Policy Memorandum entitled “Revised Interview Waiver Guidance for Form I-751, Petition to Remove Conditions on Residence.” Although it applies to all I-751 petitions (not just joint petitions filed by spouses who are separated but not divorced), because it answers some of the common questions that my clients ask…
