Third Country Asylum Rule Overturned

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Last Tuesday, United States District Judge Timothy J. Kelly overturned the Third-Country Asylum Rule, one of the Trump Administration’s most severe asylum policies, ruling it illegal. Kelly, who was appointed to the court in 2017 by President Trump, claimed that the Third-Country Asylum Rule was “unlawfully promulgated” because it did not give a public notice or provide time for public comment, bypassing the Administrative Procedure Act (APA). Furthermore, the Administration failed to show how such a quick implementation was in the public interest.

The Third-Country Asylum Rule was issued in July 2019 so that aliens who sought asylum in the U.S. would have to apply for asylum in at least one country of transit on their way to the U.S. southwestern border. This policy has effectively barred many Central American migrants from obtaining asylum in the United States, forcing them to first seek asylum from Mexico.

In his 52-page opinion, Kelly argued that the Administration based this Third-Country Asylum Rule almost entirely on a single October 2018 newspaper article that insinuated that the proportion of asylum seekers with children increased after the Administration ended a policy of separating immigrant families at the U.S.-Mexico border. Kelly critiqued the Administration for not having complied with the APA’s notice-and-comment requirements after first issuing this rule, explaining that the broader a rule’s reach, the greater the necessity for public comment. He added that, “with these baseline principles in mind, the Court considers whether either the good cause or foreign affairs function exception applies here.

Note that while the decision will overturn the Third-Country Asylum Rule, this will likely not lead to an extreme increase in asylum claims because the Trump Administration has issued other policies that make immigration less accessible to aliens, including asylum seekers, that cite the COVID-19 pandemic and emergency health protections as justifications to restrict human movement that consequently prevent individuals from seeking protection. However, by striking down this rule, Judge Kelly reaffirms two fundamental principles, explains Claudia Cubas, the Litigation Director at CAIR Coalition, one of the plaintiffs in the lawsuit. Cubas added, “the protection of asylum seekers fleeing for a safety is intertwined with our national values and that the United States is a country where the rule of law cannot be tossed aside for political whims.”

Our Portland Immigration Lawyers in Portland, Oregon are providing you constant updates on how recent immigration changes may affect your immigration law case at USCIS located here in Portland, Oregon.

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Significance of HEROES Act on Immigrants in the United States

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Significance of HEROES Act on Immigrants in the United States

The U.S. House of Representatives recently introduced the Health and Economic Recovery Omnibus Emergency Solutions Act (HEROES Act) as their “phase four” 2019 novel coronavirus (COVID-19) stimulus and relief package. The HEROES Act, which House Representatives narrowly passed on May 15, 2020, by a 208 to 199 vote, includes a package of $3 trillion in tax cuts and spending to alleviate the negative health and financial impacts of the pandemic. This package also includes financial relief to state, local and tribal governments, an extension to enhanced unemployment benefits, debt collection relief, and direct cash payments to households.

This Act is unique to previous acts, as it addresses many of the faults of the previous bill that excluded immigrants. Six key provisions are included in the HEROES Act that will directly benefit immigrants and immigrant families who were neglected by the previous CARES act.

Cash Payments to Immigrants and their Families

The HEROES Act will provide stimulus money that was previously unavailable by the CARES Act. Direct payments will be issued in the amount of $1,200 for an individual, $2,400 for joint-filers, and $1,200 for up to three dependents with a maximum of $3,600. Undocumented immigrants would be also eligible for the first round of $1,200 checks sent out in April. Immigrants who are eligible for Medicaid will also have access to additional health care benefits.

Relief and Protections for Undocumented Essential Workers

According to the HEROES Act, undocumented immigrants working in essential fields such as health care will be temporary shielded from deportation, as their statuses will be “frozen” under deferred action. They will be able to apply for employment authorization throughout the pandemic. Moreover, unauthorized immigrants will be able to obtain work permits—and may hire these noncitizen immigrants without penalization.

Releasing Low Risk Immigrants from Detention

Immigration and Customs Enforcement will be required to re-evaluate the files of detained immigrants and release those who are not perceived to be a threat to society or who are not necessarily subject to mandatory detention. The HEROES Act pushes ICE to apply low-cost alternatives to detention for low-risk immigrants (such as the use of ankle bracelet monitors).

Additionally, the bill requires detention facilities to provide free and unlimited soap to detainees, as well as phone and video call accessibility to communicate with family and legal representatives.

Facilitating the Arrival and Stay of Medical Professionals  

The HEROES Act would speed up visa and green card processing for all foreign medical workers who seek to research or work in fields related to combatting COVID-19. Consulates and U.S. Embassies would be required to prioritize visa interviews for these workers. Emergency appointments would have to be appointed in-person or through a remote platform as a teleconference. Furthermore, foreign-national doctors who have completed their residency in the U.S. are eligible under the HEROES Act to receive permanent residency through an expedited process.
This Act also grants nurses, doctors, and medical researches more flexibility in regards to where they work, which will allow doctors to work where they are most needed without the restrictions under visa controls that previously existed. This means that rather than applying for a new visa, medical professionals with H-1B statuses can transfer between hospitals without re-applying for new H-1B visas.

Medical students are also impacted: they will be able to transfer rotations within their host institution, while also receiving compensation for their work during this pandemic. These students will be able to work outside of their approved program as long as their work relates to COVID-19.

Health Benefits for Immigrants Regardless of Status

The HEROES Act also allows for undocumented immigrants to obtain testing, and treatment, and vaccination (once available) related to COVID-19 without cost, even if the individual does not have health insurance. This extension was not available to immigrants under the CARES Act. The USCIS has already affirmed that treatment in relation to COVID-19 will not make an immigrant a public charge.

While this legislation was passed in the House of Representatives, it is unlikely that it will pass in the Republican-majority Senate or get signed by President Trump, as the White House recently issued a statement opposing the legislation. Even if this act does not directly pass, it is possible that certain provisions of the Act will reappear in the future, perhaps as a bipartisan stimulus and relief bill later in the summer.

Feel free to contact our Portland Immigration Lawyers in Portland, Oregon for answers to your questions at our email address: [email protected] or call us at (866) 691-9894.

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USCIS Proposed Changes to I-864 Affidavit of Support

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USCIS Proposed Changes to Affidavit of Support    

 

USCIS has recently proposed significant changes to the Form I-864 (Affidavit of Support) and other related forms I-864A and I0864EZ. The first proposed change is for U.S. citizens and lawful permanent residents who are sponsoring a foreign spouse or relative for green cards to disclose detailed bank account information to the federal government. This includes the banking institution’s name, the account number, routing number, and account holder names. Note that U.S. legislation does not authorize USCIS to collect such information.

 

As a reminder, the Form I-864 (Affidavit of Support) is required for most immigrants seeking a green card in the U.S. based on marriage and family petitions in order to demonstrate that they will be financially supported and not become a public charge. This form is also sometimes required for immigrants seeking green cards based on employer sponsorship. Normally, sponsors must provide evidence of their income by submitting copies of their recent federal tax transcript or return, as well as any other financial statements or evidence of future outcome. The new USCIS proposal would change this process.

 

Almost a year ago on May 23rd, 2019, President Trump issued the Memorandum on Enforcing the Legal Responsibilities of Sponsors of Aliens. In the presidential memo, President Trump emphasized that individuals financially sponsoring alien green card applicants must completely fulfill their commitments under the law. In response to this memo, USCIS focused on better informing sponsors and household members on the implications of their financial obligations. For instance, language in these forms has been modified to ensure clarity regarding sponsor obligations and consequences if the sponsor’s responsibilities are not met. These are included in an extended “Sponsor’s Certification” section as well as a “Household Member’s Contract, Statement, and Certification.” Moreover, the draft of this new form informs sponsors of a civil penalty imposed by the USCIS if the sponsor does not inform the USCIS within 30 days of moving. Additionally, this new Affidavit of Support also asks sponsors to list people who not actively living with the sponsor (such as college students that are not living at home), which will consequently increase the income requirement as the household size increases.

 

Forms I-864 will also allow sponsors to provide information about previously submitted Affidavits and an optional submission of a credit report as evidence. USCIS is also proposing to require U.S. citizens and permanent legal resident sponsors to notarize forms I-864, I-864A, and I-864EZ by a notary public prior to submission to USCIS. These proposed changes will create a burden for sponsors. This may deter them from accepting to be sponsors, which will likely impede some individuals from immigrating.

Finally, the new form requires that the sponsor agree to allow the Social Security Administration (SSA) and other agencies to share information with the Department of Homeland Security (DHS) and the Department of State. If the alien applicant applies for means-tested public benefits, the sponsor’s privacy can be waived to a greater extent. The new form is stricter in its warning that improperly completed forms, or forms missing proper evidence, may be denied.

 

No effective date has been published, and this will come with the final rule. USCIS accepted public comments for these revisions during a thirty-day period that ended on May 11, 2020.  Because the comment period for the rule is closed, the state will now review public comments and publish a final rule within the coming months. Note that if passed, this proposal will only impact applications filed on or after the effective date of the rule.

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Immigration Lawyer Portland Oregon Marriage Green Card

Can I still sponsor my Spouse, Parent, or Child for a Green Card during Covid-19?

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Can I still sponsor my Spouse, Parent, or Child for a Green Card during Covid-19?

As COVID-19 disrupts immigration services and proceedings in the U.S., many citizens wonder if they can still petition their relatives. Yes!—if you are a U.S. citizen of at least 21 years of age, you can still sponsor your spouse, parent, or child for a Green Card during the Covid-19 pandemic.  

Steps to take to sponsor an alien immediate relative

U.S. Green Cards allow foreign nationals to permanently reside and work in the United States.

While all USCIS in-person activities, including in-person interviews, have been temporarily suspended due to the coronavirus pandemic until June 4th, measures U.S. citizens must take to sponsor a relative for a Green Card are not be impacted by the USCIS office closures. While green card applicants and petitioners can wait until the response to COVID-19 is over, this is certainly not necessary and does not mean that the processing time will be any quicker.

First, the petitioner (the U.S. citizen sponsoring the foreign immediate relative) must file Form I-130, Petition for Alien Relative. This form establishes the family relationship between the petitioner(s) and the applicant relative (the beneficiary).

Once Form I-130 is approved, an immigrant visa will be immediately available for the beneficiary. If the immediate relative is already in the United States, he or she can submit an Adjustment of Status applications to obtain permanent legal residency if he or she successfully passed an interview with a local USCIS field office. Note that these USCIS interviews thus far have been canceled and rescheduled. USCIS offices will send notices with instructions to applicants and petitioners with scheduled interview appointments impacted by this closure. Once normal operations are able to be resumed, they will automatically be rescheduled. Through this process, the beneficiary will not need to return to his or her home country.

If the immediate relative is abroad, the beneficiary will have an immigrant visa interview overseas at a U.S. Department of State consulate or embassy through Consular Processing. Again, if a beneficiary’s home country is impacted by COVID-19 closures, he or she must wait for their local interviews to be rescheduled.

While some marriage-based green card applicants have also been approved without interviews in the previous weeks, it is most likely that the interview process will not be waived, as it is important to screen cases for fraud.

Sometimes, a petitioner can file the I-130 with an application for permanent residence (Form I-485, Application to Register Permanent Residence or Adjust Status) if they are sponsoring a spouse, an immediate relative parent, or an unmarried child under 21 years of age. After the I-485 is filed, beneficiaries may also apply for an I-765 work permit or a I-131 travel permit.

Note that non-immediate family relationships that qualify for sponsorship may also include Unmarried sons and daughters of U.S. citizens, spouses and children (F1), and Unmarried sons and daughters of permanent residents, Spouses and Children of Permanent Residents (F2A), Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents (F2B), Married Sons and Daughters of U.S. Citizens (F3), and Brothers and Sisters of Adult U.S. Citizens (F4).

In these family cases, an immigrant visa will not be immediately available upon approval of form I-130, and depends upon the Visa Bulletin issued monthly by the Department of State. The Visa Bulletin indicates which green card applications can move forward based upon when Form I-130 was originally filed. The bulletin also offers an estimate for how long it will take to obtain a green card, based on how quickly “line” is moving at that time.

General Documents Needed for Sponsorship

The following documents are needed for a U.S. citizen to foreign national sponsor a spouse, child, or parent:

  • Proof of U.S. Citizenship (Certificate of Naturalization, the Biographic page of an American passport, or a copy of a green card).
  • Birth Certificate,
  • I-94 arrival-departure record (this can now be obtained online)
  • A marriage certificate for marriage-based green cards

Financial Sponsorship  

Petitioners who have filed the form I-130 must be financial sponsors to the beneficiary, meaning that they accept financial responsibility for the beneficiary. This also means that the petitioner must reimburse, or be reimbursed by, the government if the green card holder applies for certain public benefits. For the petitioner to qualify as a financial sponsor, he or she must submit a Form I-864 and list: the past three years of income, current income, proof of tax returns from the previous 3 years, W-2 statements, current pay-stubs, and an employment verification letter. The sponsor’s household size will be taken into account in light of his or her income, to ensure that they earn above the minimum income requirements.

Impacts of Covid-19 on Public Charge Rule for Green Cards

The Public Charge Rule continues to apply for Green Card applications. This rule has discouraged green card applicants from accessing healthcare in the past, but USCIS emphasizes that treatment or preventive services for the COVID-19 will not negatively affect any alien as part of a future Public Charge analysis. The USCIS stresses that it encourages all aliens with symptoms that resemble COVID-19’s to seek necessary medical attention. Here is a list of government benefits that are considered during the Public Charge assessment.

Important things to keep in mind for Green Card applications during COVID-19…

  • While many facilities are still closed, the State Department has this tool to crop a photograph of yourself that will satisfy the passport photo requirement. There are many websites online (such as this one) that also mail your photographs to your home address.
  • While normally, work and travel permits cannot be processed without a biometrics notice, USCIS has been reusing biometrics (i.e. the required submission of fingerprints and a digital photo) collected during previous applications.
  • USCIS has announced that it will temporarily accept filings with electronically-reproduced copies of original signatures instead of normally required “wet” signatures for all benefit forms and documents dated March 21 and beyond from both attorneys and applicants. So long as an original document contains an original handwritten signature, it can be scanned, faxed, photocopied or similarly reproduced.

Impact of Travel Proclamations on Immediate Relative Applicants Abroad?  

Keep in mind President Trump’s four COVID-19 Travel Proclamations (China Travel Proclamation; Iran Travel Proclamation; European Schengen Area Proclamation; Ireland and United Kingdom Proclamation). However, these do not apply to spouses of U.S. citizens, parents or legal guardians of U.S. citizens, and the children of U.S. citizens.

 

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Coronavirus (COVID-19) Impact on Immigrant Applicants (Questions & Answers)

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Coronavirus Pandemic (COVID-19) Impacts on Immigrant Applicants  

Recent measures taken by the United States government, in an effort to halt the spread of coronavirus (COVID-19), have disrupted immigration services and proceedings. Here is a brief overview of commonly asked questions regarding how this pandemic will affect noncitizens, particularly green card and naturalization applicants.

 

Impact on Interviews and Appointments

Since March 18th, USCIS has temporarily suspended routine in-person services through at least May 3 in efforts to slow the spread of COVID-19. USCIS provides emergency services for very limited situations; in order to schedule an emergency appointment, contact the USCIS Contact Center. USCIS staff will continue to perform duties that do not involve any physical contact.

Please note that you can create an account with the USCIS Online Portal in order to view your current application case status, your case history, the next steps for service requests, and you can receive case updates by text or email. Sign up here. Doing this will allow you to stay up-to-date on your application.

 

Q: Is my interview still scheduled?

USCIS offices will send notices with instructions to applicants and petitioners with scheduled interview appointments impacted by this closure. Once normal operations are able to be resumed, they will automatically be rescheduled.

If you have yet to hear from your consulate office, call your consulate office. You can check the USCIS Field Offices page to see if your field office has reopened before reaching out to the USCIS Contact Center.

 

Q: What should I do if my interview is cancelled for my adjustment of status application?

Wait for USCIS to contact you with further instructions. Signing up with the USCIS Online Portal will allow you to get immediate access to information regarding rescheduling.

 

Q: What if I had an InfoPass appointment?
If you had an InfoPass appointment with a Field Office, you must reschedule your appointment through the USCIS Contact Center.

 

Q: Because USCIS offices are closed, what will happen to my biometrics appointment and how will this impact my application?  

USCIS has temporarily suspended all biometrics appointments. When USCIS resumes normal operations, your biometrics appointment will be automatically rescheduled within 90 days. You can call 800-375-5283 if you do not receive this rescheduled appointment.

 

Q: Because USCIS offices are closed, what will happen to my asylum appointment?

If you have an asylum application pending with USCIS, your case status can be checked online (you will need the receipt number mailed to you after you filed your application). If you need to contact your local asylum office, you can use the Asylum Office Locator.

Q: Because USCIS offices are closed, when will I be able to reschedule my naturalization ceremony?
USCIS will automatically reschedule your ceremony. A notice for your scheduled ceremony should be received by mail. If, in the next 90 days, you have not received this notice, reach out to USCIS Contact Center.

 

Q: If I am out of the country, am I able to switch consulate offices for an interview?

Call the National Visa Center (NVC). Switching consulate offices depends upon the circumstances.

 

Impact on Processing times

Q: How will the processing time of the application be impacted if my application is submitted? If my green card or naturalization application is submitted now, how will the processing time of the application be impacted?

All visa processing times are dependent upon the spread of COVID-19. If USCIS has informed you about rescheduling your biometrics or interview appointment, please follow the instructions in the sent document. All USCIS-related domestic delays can be kept track of here.

 

Note that all applications turned into USCIS are still being processed at their respective lockbox, but this process is taking longer than usual given the circumstances. Work and travel permits cannot be processed without a biometrics notice. Depending on how long the closures remain, this will add to the 5-8 months processing times for a work and travel permit, and to the 11- to 14-month processing time for a green card.

 

Travel-Related Questions

Q: If I am overstaying my visa due to travel restrictions or limited flights, how will this impact my application?  

Under usual circumstances, nonimmigrants must depart the United States before their authorized period of admission expires. However, USCIS recognizes that nonimmigrants may unexpectedly remain in the U.S. beyond their authorized period of stay. USCIS notes the following:

  • Apply for an Extension: Most nonimmigrants can file an application for extension of stay (EOS) or change in status (COS) to avoid the immigration consequences of COVID-19.
  • File in a Timely Manner: if a nonimmigrant’s timely-filed EOS or COS application is pending, he or she will generally not accrue an unlawful presence.
  • New Flexibility for Late Applications: USCIS may excuse a nonimmigrant’s failure to timely file an extension/change of status request if the delay was due to extraordinary circumstances. Under current regulations and as noted on our Special Situations page, if a petitioner or applicant files an extension of stay or change of status request (on Forms I-129 or I-539) after the authorized period of admission expires, USCIS may excuse the failure to timely file if it was due to extraordinary circumstances beyond their control, such as those that may be caused by COVID-19. The length of delay must be commensurate with the circumstances. The petitioner or applicant must submit credible evidence to support their request, which USCIS will evaluate in its discretion on a case-by-case basis. These special situations have been used at various times in the past, including for natural disasters and similar crises.
  • New Flexibility for Visa Waiver Entrants: Visa Waiver Program (VWP) entrants are not eligible to extend their stay or change status. However, under current regulations, if an emergency (such as COVID-19) prevents the departure of a VWP entrant, USCIS in its discretion may grant up to 30 days to allow for satisfactory departure. Please see 8 CFR 217.3(a). For those VWP entrants already granted satisfactory departure and unable to depart within this 30-day period because of COVID-19 related issues, USCIS has the authority to temporarily provide an additional 30-day period of satisfactory departure. To request satisfactory departure from USCIS, a VWP entrant should call the USCIS Contact Center.
  • If you would like additional information on late requests to extend or change status, you can look over 8 CFR 214.1(c)(4) and 8 CFR 248.1(c). In addition, please see Form I-129 and Form I-539 pages for specific filing and eligibility requirements for extensions and changes of status.

Q: How can I get passport photographs if there is a stay-at-home order?  

The State Department has this tool to help you crop a photograph of yourself that will satisfy the passport photo requirement. There are many websites online (such as this one) that also mail your photographs to your home address.

 

Impact on USCIS Requests
Q: What approaches are USCIS taking to increase flexibility?  

On March 27, 2020, USCIS announced that it would allow an extra 60 days for a timely response to all Requests for Evidence (RFE) and Notices of Intent to Deny (NOID) dated between March 1, 2020, and May 1, 2020. This flexibility also applies to certain Notices of Intent to Revoke (NOIR) and Notices of Intent to Terminate (NOIT) regional investment centers, and certain filing date requirements for Form I-290B, Notice of Appeal or Motion. USCIS will not issue new RFEs or NOIDs to account for the extended period of time. Rather, it will not take any action on the RFE or NOID until more than 60 days beyond the deadline.

 

When to Apply?

Q: If I have yet to submit my application, will my I-130 be impacted?

While processing times will increase, USCIS offices still accept I-130 applications.

 

Q: When should I submit my marriage-based green card application?

USCIS still accepts marriage-based green card applications.

 

Impact on Health Care

Q: How will being diagnosed with COVID-19 impact my green card or naturalization application?  

Care received at the emergency room, at a community health clinic, or at a free clinic does not trigger the Public Charge rule. USCIS issued a recent statement clarifying that any treatment or preventative service related to COVID-19 will not negatively affect any individual as part of a Public-Charge analysis.

 

Q: How will getting tested for COVID-19 impact my green card or naturalization application under the Public Charge rule?

You will not be impacted. Getting tested for seeking treatment for COVID-19 would not count against a would-be immigrant under the Public Charge rule. Accessing discounted care at hospitals, clinics, or other facilities will not be listed as a Public Benefit. Here is a list of government benefits that are considered during a Public Charge assessment.

 

Q: If I am receiving unemployment benefits, will my green card or naturalization application be negatively impacted under the Public Charge rule?  

Unemployment insurance is not included in the government’s list of categories of benefits that make someone a potential public charge. If you do rely on additional government benefits that are included on the government’s list, it is recommended that you attach a letter of explanation to your future application to note how the coronavirus pandemic affected your ability to work and conduct your usual activities.

 

Impacts of Relief Bill on Visa Applicants

The Coronavirus Aid, Relief and Economic Security, or CARES, Act states that immigrants are excluded from the stimulus payments, with one exception. Green-card holders are the only exception and will receive stimulus payments if they qualify. Otherwise, immigrants (including immigrants who are in the U.S. on work visas and pay taxes) are not eligible for the payments. Additionally, American citizens who are married to immigrants without Social Security numbers will not receive stimulus checks as part of the government’s COVID-19 relief efforts.

 

Impacts on International Students

Q: If I am an international student with an F-1 visa, but want to leave the U.S. for longer than five months, will this violate my F-1 status?

Current F-1 regulations state that a student may reenter the U.S. only after a temporary absence no longer than five months.

The DHS Student and Exchange Visitor Program (SEVP) is issuing updated guidance, confirming that international students with an active status will not be subject to this five-month rule. The only exception is for students enrolled in full-time study abroad programs.

 

Q: Will my SEVIS record be negatively impacted if I am doing remote learning abroad?

Your F-1 record will not be impacted during the temporary COVID-19 accommodation period, because you will be taking online courses as a student.

 

Q: I am an F-1 student who has been experiencing severe economic hardships because of the pandemic. What can I do?

F-1 students who are experiencing economic hardships because of unexpected circumstances, such as the pandemic, can request employment authorization to work off-campus by filing Form I-765 Application for Employment Authorization and Form I-20, along with any additional supporting materials. For more, click here.  

 

Such students would be eligible to apply for off-campus employment authorization if they are:

  • A citizen of a country specified in a Federal Register notice;
  • Have been lawfully present in the United States for the period indicated in the Federal Register notice;
  • Have reported on time to their Designated School Official and been enrolled in a Student and Exchange Visitor Program-certified school since the special situation;
  • Currently maintaining F-1 status; and
  • Experiencing severe economic hardship.

USCIS may also discretionarily authorize special student relief and suspend certain requirements that would normally be mandatory for individuals from certain parts of the world that the secretary of Homeland Security identifies as experiencing emergency circumstances.

 

Impact on H-2A Workers

Q: How will the recent temporary changes to H-2A requirements impact me, if I am a foreign worker in the U.S. with a valid H-2A status?

The DHS and USCIS have published a temporary final amendment on some H-2A requirements so that U.S. agricultural employers may avoid disruptions in lawful agricultural-related employment, to protect the nation’s food supply chain, and to decrease the effects of COVID-19 on national public health. Under this temporary rule, foreign workers in the U.S. with H-2A status can be employed by H-2A petitioners with valid temporary labor certification immediately after USCIS receives the H-2A petition.

Q: I am an H-2A worker but am nearing my three-year maximum allowable period of stay in the United States. However, I cannot leave due to travel restrictions related to COVID-19. What should I do?

USCIS is temporarily amending its regulations to allow H-2A workers to stay beyond the three-year maximum period. These temporary changes will support lawful employment of foreign temporary and seasonal agriculture workers during the COVID-19.

Note: only once this petition in approved and published in the Federal Register, H-2A workers will be able to stay in the U.S. for a period of time validated by the Temporary Labor Certification. If DHS determines that future circumstances illustrate a continued need for changes to H-2A regulation, DHS will issue a new temporary final rule in the Federal Register to amend the termination date.

If you have questions about how these new changes may affect your case, please contact us  on our website, by email at [email protected] or give us a call at  (866) 691-9894.

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The “Public Charge” Rule: What Is It and How Does it Affect Those Applying for a Green Card?

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Immigration laws are constantly changing and evolving. And these changes are making it increasingly difficult for individuals to understand the immigration process and what steps they need to take in order to apply for particular Visa’s, Green Cards, and U.S. Citizenship.   These new immigration policies have also made it extremely crucial for individuals to stay up to date on these latest trends and policy adjustments, as they can have a significant impact on immigrants’ access to public assistance programs. One of these new immigration developments has been the implementation of the “public charge” rule. To further understand what this rule is and how it affects those applying for a Green Card, continue to read below or contact our team at Immigration Law Group.  We understand how critical it is to interpret these new policies, and we are here to help you. Our Portland-based attorneys are up to date on all the latest immigration changes and have helped hundreds of individuals going through the immigration process. Whether you are looking for information on how to obtain your Adjustment of Status, discuss your different Visa options, or need some answers regarding the latest immigration legal changes,  contact  our office today for more information.

What is the “Public Charge” Rule, and How Does it Affect those Applying for Green Cards?

Under the new “public charge” rule, green card applicants have to show that they will not become a public charge, which means that they won’t need any federal assistance to live in the United States. This rule includes those that are dependent on the government for their subsistence, those that use cash assistance programs, and those that need long-term care at the government’s expense.   Under this new provision, individuals that are applying for a Green Card in the United States could be denied if they become a public charge. This new rule will include two public charge provisions:
  • U.S. Citizenship and Immigration Services will penalize those individuals that get certain federal benefits.
  • U.S. Citizenship and Immigration Services will use the “totality of circumstances” test to determine who is a public charge. This test will review “heavily weighted negative factors” versus “heavily weighted positive factors.”
    • Heavily Weighted Negative Factors: This would include an application that is unemployed even though they may have employment authorization.
    • Heavily Weighted Positive Factors: This would include those applicants that have a household income at 250% of the federal poverty guidelines.

The “Public Charge” Rule’s Impact On Our Country

The “public charge” rule will come into effect on February 24, 2020, yet it has already created a lot of fear amongst immigrant communities. Many immigrant families in anticipation of this new provision have already begun disenrolling or refusing specific public programs that are necessary for them to thrive and survive. What’s more, the confusion that has resulted from this rule has had a chilling effect on all immigrant families, even those whose immigration status is not affected by this new provision. As this “public charge” rule becomes effective, the potential impacts on immigrants will be severe.   Not only will it prevent many immigrants from seeking Medicaid or other public benefits, which can have disastrous consequences on their family’s well-being, health, and financial security. But by limiting these benefits, it will prevent immigrants from getting and keeping their job, finishing their education, and taking care of their families. As these ramifications continue to grow, they will not only hurt the individual immigrant families and their communities but eventually, this policy will end up hurting our country as a whole.

Why Call Immigration Law Group?

As the precise impact of this policy is still relatively unknown, it comes as no surprise that this new rule brings with it a lot of uncertainty and questions.   With  Immigration Law Group, we are here to guide you and help you understand not only how this new policy affects your Green Card status, but we are here to also assist you with any immigration question that you may have. If you would like further information on the “public charge” rule or need to discuss your individual immigration case,  contact us  today to set up an appointment.

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New Public Charge Rule: What Documents do Green Card Applicants need now?

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New Public Charge Rule: What Documents do Green Card Applicants need now?

Since 1996, federal laws have stated that aliens must demonstrate self-sufficiency to be granted permanent legal status. The Supreme Court’s Inadmissibility on Public Charge Grounds Final Rule, implemented on February 24th, 2020, revised the guidelines of determining whether an alien individual is admissible to the U.S. or eligible to obtain permanent legal status, based upon the likelihood of becoming a public charge. Consequently, United States Citizenship and Immigration Services (USCIS) have the discretionary power to deny green cards to migrants with histories of using benefits. To decide whether an individual merits legal permanent resident status, USCIS will consider an alien applicant’s income, employment status, health, age, education, family circumstances, prospective immigration status, and prospective period of admission.

Applications for visas and lawful permanent residency processed at U.S. embassies and consular offices outside of the U.S. will operate under the February 24th regulations. All applicants who are not exempt from a public charge assessment must submit Form 5540 (Public Charge Questionnaire). USCIS officers have been directed to take Form DS-5540 into consideration before denying an alien’s application.

Green card applications, as of February 24th, 2020, must include:

1. Proof of Income of Applicant: this includes the most recent year’s IRS Tax Transcripts of the applicant’s Federal income tax returns (if applicable). If the green card applicant was outside the United States during the most recent tax year, he or she must provide the most recent year’s Foreign Tax Transcripts for income taxes filed with the government of the overseas country. If the green card applicant is not required to file federal taxes, he or she must file a W-2 statement or a Social Security Statement.

If the applicant has any additional non-taxable income (such as child support, unemployment benefits, etc…) not included in tax return, he or she must provide: statements or letters of proof of having received nontaxable income.

2. Proof of Income of Household Members (IF APPLICABLE): if the applicant currently lives with other household members (including a spouse, children, any individual receiving at least 50% of their support from the applicant or on whom an applicant relies for at least 50% support, etc…), then the applicant must provide all of his or her household members’ most recent year’s IRS Tax Transcripts of their Federal income tax returns, or the household members’ most recent year’s Foreign Tax Transcripts for income taxes filed outside the U.S.

Finally, if household members are not required to file federal taxes, the applicant must provide these members’ W-2 Statement or Social Security Statement.

The applicant must also provide evidence of his or her relationship with each household member, such as a birth certificate, marriage certificate, or a signed statement.

3. Evidence of Asset of Household (IF APPLICABLE): Assets include checking and savings account statements, stocks and bonds, retirement accounts, educational accounts, net cash value of real estate holdings, and other substantial assets that can be converted into cash within 12 months.

If the applicant or any of their household members own any assets, proof of the applicant’s or households’ assets must be provided, including: the name of the asset holder, description of the asset, proof of ownership, and basis for owner’s claim of its net cash value.

4. Proof of Liabilities/Debt (IF APPLICABLE): IF the applicant has liabilities or debt, he or she must provide documentation (letters or statements) for each liability and debt :
a. Such examples include Mortgages, Car Loans, Credit Card Debt, Education Related Losses, Tax Debts, Liens, Personal Loans, Unpaid Child or Spousal Support, Other Debts

5. Credit Score and Report (IF APPLICABLE): IF the applicant has a Credit Report or Credit Score in the U.S., he or she must provide a Credit Report from Equifax, Experian, or TransUnion (go to: https://www.usa.gov/credit reports ). If the applicant has no Credit Report or Credit Score, he or she must provide evidence of continued payment of bills and provide documentation that he or she has no credit report with a U.S. credit bureau.

If the applicant has Negative History in his or her Credit Report (such as delinquent accounts, debt collections, tax liens, bankruptcy, etc…), he or she must provide a written explanation regarding each negative history item.

If the applicant has filed for bankruptcy, he or she must provide documentation to show every instance, type, place of filing, and date of the bankruptcy. The evidence of the resolution of each bankruptcy must also be filed if applicable.

6. Proof of Health Care Insurance (IF APPLICABLE): IF the applicant has health care insurance, he or she must provide a copy of the Insurance’s Policy Page that articulates the terms and type of coverage OR the applicant must provide a letter on the company letterhead/ evidence from the health insurance and provide the terms and type of coverage OR the applicant must provide the latest Form 1095-B (Health Coverage) and Form 1095-C (Employer-Provided Health Insurance Offer and Coverage) if available, with evidence of renewal of coverage for the current year.

If relevant, the applicant must also provide proof of Premium Tax Credit or Advanced Premium Tax Credit, with a transcript copy of the IRS Form 8963 Report of Health Insurance Provider Information, Form 8962 Premium Tax Credit (PTC), and a copy of Form 1095A, Health Insurance Marketplace Statement.

If relevant, the applicant must also provide proof of the deductible or premium amount, with documentation.

If relevant, the applicant must also show documentation of the date of insurance termination or date of renewal.

If the applicant has enrolled in health insurance that has yet to start, he or she must provide proof of enrollment, such as a letter that includes the terms, type of coverage, name of the individual covered, and the date when the coverage begins.

If the applicant has a medical condition that will affect his or her circumstances of work, he or she must provide documentation that can outweigh negative factors related to the medical condition (this includes information provided by a civil surgeon or a panel physician on a medical examination, attestation from your treating physician regarding the prognosis of any medical condition and whether it impacts your ability to work or go to school, or evidence of sufficient assets and resources to pay the costs of any reasonably anticipated medical treatment).

7. Public Benefits Received (IF APPLICABLE): IF the applicant has received any Public Benefits, he or she must include evidence of that public benefit (such as a letter, notice, certification) that include the applicant’s name, the public benefit-granting agency’s name and contact information, type of benefit, date of authorization to receive the benefit, and the date benefit or coverage ended or expires. Such Public Benefits include: any local, state, federal, or tribal cash assistance for income maintenance; Supplemental Security Income; Temporary Assistance for Needy Families; Supplemental Nutrition Assistance Program; Supplemental Nutrition Assistance Program; Public Housing under the Housing Act of 1937; Federally funded Medicaid.

If the applicant has applied for a Public Benefit but been denied or rejected, he or she must provide documentation of denial or rejection.

If the applicant has disenrolled from a Public Benefit, he or she must
provide evidence of disenrollment or request to disenroll.

If the applicant has withdrawn from a Public Benefit, he or she must provide evidence demonstrating that the public benefit granting agency received your request to withdraw the application. The applicant may also provide evidence from a federal, state, local, or tribal agency administering a public benefit that shows that he or she does not qualify or would not qualify for such public benefit based on his or her annual gross household income or prospective immigration status.

8. Immigration Fee Waivers (IF APPLICABLE): IF the applicant has ever applied or received a fee waiver when applying for an immigration benefit AND the circumstances that caused an applicant to apply have changed, he or she must provide documentation to support any explanation of changed circumstances.

9. Education and Skills of the Applicant: IF an applicant is unemployed because he or she is the primary caretaker of a child/disabled individual/elderly, he or she must provide documentation showing that he or she is the primary caretaker (such as a legal guardianship court order), that the individual resides in the applicant’s household, and proof of the individual’s age/medical condition (if relevant).

If the applicant has graduated high school or obtained a tertiary level degree, he or she must provide transcripts, diplomas, degrees, certificates, or written explanation/letter issued from the institution as to why these documents are unavailable. Note that all foreign education should include an evaluation of equivalency to education or degrees acquired at U.S. educational institutions.

If the applicant has any occupational skills, he or she must provide a list of licenses for specific occupations/professions AND certificates documenting mastery or apprenticeships in skilled professions and trades.

If licenses/certificates are unavailable, the applicant must provide a written explanation and letter from the issuing institution to explain why these documents are unavailable.

If the applicant has completed courses and/or received any certifications in English or other languages, he or she must provide proof of language or literacy classes taken or currently being taken, or other proof of proficiency.

If the applicant is a speaker of English or another language, he or she must provide documentation of language proficiency including language certifications (such as high school diplomas and college degrees showing that the native language was studied for credit).

10. Proof of Retirement (IF APPLICABLE): IF an applicant is currently retired, he or she must provide documentation or statements of income from pensions, social security, and other retirement benefits.

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Portland Immigration Lawyer

Trump Administration Will Raise Immigration Filing Fees

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The cost for becoming a United States Citizen might become 83 percent more expensive. The Trump Administration is attempting to raise the application fees from citizenship to legal permanent residency.

Last Thursday, USCIS announced the proposed price hikes, in their statement “current fees do not recover the full costs of providing adjudication and naturalization services.”   The citizenship application fee is currently 640 dollars, the proposed price hike would make the fee 1,170 dollars. The legal permanent residency fee is currently 1,220 and USCIS is attempting to raise it to 2,195.

The proposed price hikes would have a major affect on immigration. There are also price hikes for Asylum, Temporary Protected Status Beneficiaries, and DACA recipients. DACA renewals would go from 495 dollars to 765 dollars. The administration is also seeking to transfer $207.6 million of USCIS funding and divert it to Immigration and Customs Enforcement.

Advocacy groups are pressing people who are eligible to apply as soon as possible. USCIS and the Trump Administration must place the proposed price hikes in a comment period, the period ends on December 16th.

These price hikes have very little blocking their way to becoming a reality. Congress is really the only option to prevent the price hikes from becoming implemented.

The time to apply for your green card or citizenship application is now!   Don’t wait until the fees increase a substantial amount more than they already are.   Feel free to contact us with any questions.

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EMPLOYMENT BASED VISAS

HOW TO BECOME A U.S. CITIZEN

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How to become a United States Citizen:

You have been a permanent resident green card holder for the last five years, or a permanent resident green card holder for the last three years if you are filing as the spouse of a US citizen. Now you want to enjoy the benefits of being a United States citizen, maybe you want to vote, maybe you want to have the chance of working federal jobs, or maybe you just don’t want to worry about renewing your green card every 10 years and have the peace of mind that comes with being a United States citizen. Below are the steps and requirements that are necessary to become a United States citizen.

Phase one: Eligibility

The applicant must be at least eighteen years old at the time of filing N-400 form. You also must be a permanent resident green card holder of at least five years OR a permanent resident green card holder of at least three years if you are filing as the spouse of a person who is a United States citizen.

There is a ninety-day filing exception. You may submit your N-400 to USCIS as early as
ninety days before reaching your three- or five-year wait period as a green card holder —
as long as you’ve satisfied all other eligibility requirements. You must still wait the full three or five years, however, to become a U.S. citizen. Filing early just lets you get ahead in the application process. (Our guide to citizenship has the full details.)

You can apply if you are married to, and living with, a US citizen. You also must have been married to that US citizen for at least the past three years. The US citizen spouse must have been a US citizen for at least the past three years.

Also during the past three years, you must not have been out of the country for eighteen months or more. You are eligible to apply based on five-year residency if during the last five years you have NOT been out of the United States for thirty months or more.

There are exceptions to the thirty-month rule. If you are a person who has served on board a vessel operated by or registered in the United States OR are an employee or an individual under contract to the US Government OR a person who performs ministerial or priestly functions for a religious denomination or an interdenominational organization with a valid presence in the United States.

To qualify for citizenship eligibility you must have not gone a trip outside the United
States for one year or more without an approved “Application to Preserve Residence for
Naturalization Purposes.”

You must reside in the state or district in which you applied for citizenship for at least the last three months.

Next Step – Biometrics Appointment

The next step is to set up your biometrics appointment — basically, getting your
fingerprints taken — at your local USCIS field office. As with the marriage-based green
card process, USCIS will take your fingerprints during naturalization in order to conduct
a background check. The fingerprinting appointment usually takes place about a month
after USCIS receives your U.S. citizenship application.

You must have “good moral character,” broadly defined as a character that measures up to
the standards of average citizens in your community. More specifically, however, it
means you did not have certain types of crimes — such as murder, illegal gambling, or intentionally lying to the U.S. government in order to gain immigration benefits — on
your record at any time before filing, and you did not lie during your naturalization
interview.

Phase Two: Exam and Oath

You must pass a two-part naturalization test: the first is an English language test
(covering reading, writing, and speaking skills) and the second a civics test (covering
knowledge of U.S. history and government).

You must be able to read, write and speak basic English. There are some exceptions to
this requirement. If you are over the age of fifty years old and have lived in the United
States for at least the last twenty years since becoming a Permanent resident OR you are over the age of fifty-five years old and have lived in the United States for at least fifteen
years since becoming a Permanent Resident OR you have a disability that prevents you from fulfilling this requirement and you will file a “Medical Certification for Disability Exceptions” (Form N-648) completed a signed by a doctor with your application.

You must know the fundamentals of US History and the form and principles of the US
Government. Must be willing to serve in the U.S. military or perform civilian service for the
The United States if called upon to do so. You must register with the Selective Service System if you are male and have lived in the United States between the ages of 18 and 25. You must be willing to defend the U.S. Constitution.

If you are able to pass through the two phases of requirements then you can become a United States citizen. If you want to determine your citizenship eligibility, please give us a call at (866)-691-9894 for a consultation to begin your path to becoming a United States citizen.

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How to Sponsor my Parents for an Immigrant Visa/Green Card | Immigration Law group, LLC

How to Sponsor my Parents for an Immigrant Visa/Green Card

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How to Sponsor my Parents for an Immigrant Visa/Green Card

Do you want to reunite with your parents overseas and let them see their grandchildren in the U.S.? If they are currently in the U.S. visiting, did you know they may be eligible to stay and apply for adjustment of status? So long as you are a U.S. citizen, and at least 21 years old, you can sponsor your parents by filing form I-130 with USCIS to receive their Immigrant Visa/Green Card. However, permanent U.S. citizen son/daughter residents – green card holders – may not submit form I-130 petition to bring their parents to live permanently in the U.S. If you are a green card holder, your best option is to file form N-400 to naturalize to become a U.S. citizen. Then, you will be able to file for your parents.

Many immigrants who live in the United States are always seeking advice and guidance on how to bring their parents to the U.S. either to visit or live permanently. They want to petition for a green card, which also refers to sponsoring them. While it is advisable to consult with an experienced lawyer about your specific situation, this article will give you some vital insights about the entire process of bringing your parent to the U.S.

Steps a U.S. Citizen Son/Daughter Should Take to Get Their Foreign National Parents to The U.S:

If you’re a U.S. citizen son/daughter of at least 21 years of age, there are several steps you need to take to get your foreign national parents to the U.S. Here is a breakdown describing the steps and the required documents you should submit, depending on your parents’ location.

1. Your father lives outside the U.S. and Needs an Immigrant Visa/Green Card

• Form I-130
• A birth certificate copy that shows your name and the names of both your parents.
• A marriage certificate that proves your parents are legally married.
• A Certificate of Naturalization, or U.S. passport, if you were not born in the U.S. or Certificate of Citizenship.

2. Your mother lives outside the U.S. and Needs an Immigrant Visa/Green Card

• Form I-130
• A birth certificate that has your name and that of your mother.
• A Certificate of Naturalization, or U.S. passport, if you were not born in the U.S.

3. Your father lives outside the U.S., you were born out of wedlock and your father didn’t legitimize you before your 18th birthday.

• Form I-130
• A birth certificate that has your name and that of your father.
• Evidence to prove that there existed a financial or emotional bond between you and your father before you reached the age of 21 or get married, whichever came first.
• A Certificate of Naturalization, or U.S. passport, if you were not born in the U.S. or Citizenship.

4. Your father lives outside the U.S., you were born out of wedlock and your father legitimated you before your 18th birthday.

• Form I-130
• A birth certificate that has your name and that of your father.
• Evidence to prove that your father legitimated you before your 18th birthday through the laws of your country/state, the marriage of natural parents, or the laws of your father’s country/state.
• A Certificate of Naturalization, or U.S. passport, if you were not born in the U.S. or Citizenship.

5. Filing a petition to bring your step-parent to live in the U.S.

• Form I-130
• A birth certificate that has your name and those of your birth parents.
• A civil marriage certificate that proves your birth parent was legally married to your step-parent, and that they got married before your 18th birthday.
• Copies of documents such as death certificates, annulment decrees or divorce decrees to prove that any marriage entered into by your birth parent or step-parent ended legally.

6. Filing a petition to bring your adoptive parent to live in the U.S.

• Form I-130
• Birth certificate
• A certified adoption certificate that proves the adoption occurred before your 16th birthday.
• A statement that clearly shows the places and dates you lived together with your adoptive parent.
• A Certificate of Naturalization or Citizenship if you were not born in the U.S.

Note: If you or your foreign national parent’s name has ever been changed, in the past, it is important to include proof of the legal name change in documents such as divorce decrees, court judgment of the name change, and marriage certificate. All these documents should be submitted as photocopies and not originals.

To successfully file a petition to bring your parents to the United States, the immigrant visa must be available based on the date the application for the immigrant visa was filed (“priority date”). This is possible because visas in this category are usually processed much faster and thus are immediately available. Remember, if you have been adopted legally, you can’t petition for your birth parent to come to the United States. This excludes your adoptive parent or step-parent.

How to Sponsor my Parents for an Immigrant Visa/Green Card? File the Form I-130 Petition

After about 8-9 months from filing, the U.S. Citizenship and Immigration Services (USCIS) will notify you whether your filed petition was approved or denied. Your parent will be notified to visit the Local U.S. consulate for visa processing if he/she is outside the U.S. when the petition gets approved.   You will also be required to submit form I-864 as a financial sponsor.   Your parent will need to submit documents to the National Visa Center prior to the scheduled immigrant visa interview.

Your parent may be eligible to file Form-I-485 in order to adjust status or apply to register for permanent residence if he/she is currently in the U.S. as you file Form I-130.   This is known as the “one-step” concurrent filing where you may file the Form I-130 together with Form I-485 for your parent’s adjustment of status application.

Employment Authorization

Once your parents have been admitted as immigrants with their immigrant visas, they don’t need to apply for work permit also referred to as employment authorization. Upon arrival in the U.S., your parents will receive a passport stamp to prove that they’re allowed to work until their Permanent Resident Cards have been received.

If your parents are currently in the U.S., they are allowed to apply for travel and work authorization while the permanent resident status adjustment filing, through Form I-485, is pending.

Ensure your parents use Form I-131 to apply for travel authorization and Form I-765 to apply for employment by filing them together with the concurrent filing of Form I-130 and Form I-485.

Note: The fee to adjust status for Form I-485 will cover Form I-131 and Form I-765 until a decision is reached concerning the application for travel and work authorization, respectively.

It is important to remember that if you have siblings overseas, they’ll not be sponsored in the Family-based green card petition to bring your parents in the U.S.   Your parent can file a new petition to bring your siblings once they become permanent residents.   The wait time for that process can take many years based on current processing times.

What If Your Petition Is Denied?

If your petition to bring your parents to the United States has been denied by the USCIS, you can still appeal the decision. Your denial letter will have details on how you can appeal. It will also tell you how much time you have to file the appeal. Your appeal will be forwarded to the Board of Immigration Appeals once your appeal form and required fee have been fully processed.

The Process of Getting Family-Based Immigrant Visa/Green Card

Under American immigration laws, your parents are considered immediate relatives’. This means that the application process doesn’t have a long waiting list. However, you need to be a financial sponsor for your parents.   This means that at 125% of the United States poverty guidelines, you need to show proof, through assets or income that you are capable of supporting your parents and your family.

This is to make sure your parents are not admissible as people who are likely to receive government assistance or as likely “public charges”. Form I-864P has all the details you need to know about the current U.S. poverty guidelines.

Additionally, your parents can also be denied green cards if they’re inadmissible based on other factors such as having a record of immigration violations, having a dangerous mental or physical disorder, carrying a disease that may pose a risk to the general public or criminal convictions.

The Visa Application Process For A Immigrant Visa/Green Card

For your parents to receive permanent residence, it is mandatory that you go through the application process as required by law to receive an Immigrant Visa/Green Card.   The application process involves two main steps: First, you must get approval from the USCIS for your immigrant visa petition for your parents. This is the Form I-130 petition that must be completed in order to start the process.   Second, if your parent lives outside the U.S., they will be notified by the local U.S. consulate to submit an online DS-260 application, submit documents, and undergo an interview before the immigrant visa is processed.   But, if your parent is currently living in the U.S. legally, he/she must fill out Form I-485 to adjust his/her status. The following basic requirements must be met for the status adjustment to be completed:

• Your parent must have entered the U.S. legally
• Your parent must be physically present in the U.S.
• Your parent’s immigration petition must have been fully approved
• No change in circumstances such as the death of the sponsor

Filling out the Petition for Alien Relative form also called Form I-130 is required to prove that there exists a child-parent relationship between you and your parent and that you’re a U.S. citizen son/daughter. Therefore, when filing the petition to bring your parents to the U.S., you have to include all the necessary documents depending on your situation (as mentioned above).

You will be required to file separate I-130 petitions if you intend to bring both foreign national parents. At this stage, after the U.S. consulate has communicated to your parents to submit their application to come to the U.S., you’re required to submit an Affidavit of Support Form I-864. The consulate will schedule an interview with your parents and the immigrant visa to enter the U.S. and become permanent residents should be approved and they will receive an Immigrant Visa/Green Card.

Adjusting Status for Parents in The United States So They Can Receive An Immigrant Visa/Green Card

If your parents entered the United States legally with a visa, they can adjust their status as your immediate relatives. Meaning, they can apply for a green card, if they’re currently in the United States, without leaving the U.S.   The process of getting a green card in this situation is called “adjustment of status.” Moreover, you can concurrently submit your Form I-130 with Form I-485 without waiting for the approval of the former. If your Form I-130 was already previously filed and been approved, however, you can simply submit your Form 1-797 approval notice along with the adjustment of a status packet.

What If Your Parents Don’t Want to Live In The U.S. Year-Round?

Contrary to a common misconception, there is no minimum amount of time for your parents to live in the U.S. in order to avoid “abandonment of residence” issues. The immigration officials at the border can revoke your parents’ green cards and deny them entry even if they left the U.S. for a short time.

Furthermore, longer trips of more than six outside the United States are likely to raise questions. And, a longer trip of more than a year will raise a presumption that your parents decided to abandon their residence.   Prior to leaving the U.S., they should be applying for a re-entry permit if they know they will need to be outside the U.S. for over a year.

Therefore, it is wrong to assume that obtaining a Family-based green card for your parents facilitates long visits and easy travel. The United States immigration laws require that green card holders make their permanent home in the U.S.

Paying the USCIS Immigration Fee

You must pay the immigration fee for your foreign national parent to come to the U.S. The immigrant fee is $220 and recovers the USCIS costs of immigrant visas issued by the Department of State at U.S. Consulates and Embassies.

The fee covers the cost of processing, filing, and maintaining of the immigrant visa packets. It also covers the cost of producing Permanent Resident Cards. In order to receive an immigrant visa, foreign nationals are encouraged to pay their immigrant fee online before they depart for the United States.

If you have additional questions or would like to find out more about the process to bring your parents to the U.S. contact our firm for a consultation by contacting Immigration Law Group, LLC or by calling 866 691 9894

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