Green Card Public Charge Wealth Test Eliminated
We are writing with positive news for adjustment of status green card applicants - the public charge "wealth test" is no longer required as part of the green card process!
We are writing with positive news for adjustment of status green card applicants - the public charge "wealth test" is no longer required as part of the green card process!
The wealth test required USCIS officers to apply a totality of circumstances analysis to determine whether an applicant would be likely to become a public charge in the future. They were directed to review factors such as the applicant's age, health, family status, education and skills, and assets, resources, and financial status. You can find out more about the now defunct rule on our post from September 5, 2019 here: Defunct Rule: Green Card Public Charge Rule.
This totality of circumstances analysis is no longer required. Moving forward, officers are directed to apply the old public charge analysis that was created in year 1999. The old analysis focuses heavily on whether the green card applicant has a valid sponsor, and only allows for minimal discretion by the adjudicating officer.
To learn more and get help with your green card application, please contact us at 415-413-8760 or theteam@huwelaw.com.
A Petition for Alien Relative Can Now be Filed Online
USCIS announced last week that petitioners can now file a Petition for Alien Relative (the first step in sponsoring a relative for a "green card") online.
This is significant for cases where the green card process needs to be done in two steps, and may help to avoid government errors and to decrease wait times.
Please contact us at theteam@huwelaw.com or 415-496-9040 to learn more about green card sponsorship.
Can You Apply for a Green Card Next Month? Check the August Visa Bulletin!
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for August 2019 to see if your priority date is current next month.
USCIS has determined that in August, the Dates for Filing Chart must be used for family-sponsored green cards, with the exception of F2A category applicants, who may use the Final Action Dates chart. The Final Action Dates Chart must be used for employer-sponsored green cards.
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for August 2019 to see if your priority date is current next month.
USCIS has determined that in August, the Dates for Filing Chart must be used for family-sponsored green cards, with the exception of F2A category applicants, who may use the Final Action Dates chart. The Final Action Dates Chart must be used for employer-sponsored green cards.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application?
Contact us at theteam@huwelaw.com or 415-496-9040 today.
Why your green card or naturalization interview could now be scheduled farther from home
A new government policy makes it possible for your green card or naturalization interview to be scheduled outside of your normal USCIS jurisdiction.
A new government policy makes it possible for your green card or naturalization interview to be scheduled outside of your normal USCIS jurisdiction.
There are currently large backlogs in some areas of the country in the processing of applications to adjust status (green card) applications, and applications for naturalization. This is causing a big discrepancy in processing times based on where an applicant resides. To help ensure more uniformity across the nation, USCIS has announced that it will begin shifting caseloads between field offices. That means that your green card or citizenship interview may now be scheduled earlier, but at a USCIS office located farther from home. USCIS has stated that the change will not affect the location of biometrics appointments.
For assistance with your green card or citizenship application in any jurisdiction, please contact us at theteam@huwelaw.com or 415-496-9040.
Can you apply for a green card this month? Check the April Visa Bulletin!
Have you been “waiting in line” for a green card to become available in your preference category? You can check the U.S. Department of State Visa Bulletin for April 2019 to see if your priority date is current this month.
USCIS has determined that in April, the Dates for Filing Chart must be used for family-sponsored green cards, and the Final Action Dates Chart used for employer-sponsored green cards.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application? Contact us at theteam@huwelaw.com or 415-496-9040 today.
Why you need a lawyer for your marriage-based green card case
One question we are frequently asked during our initial legal evaluations for cases involving “green cards” through marriage is: Why do I need a lawyer? For many reasons, a lawyer is necessary for the green card process.
One question we are frequently asked during our initial legal evaluations for cases involving “green cards” through marriage is: Why do I need a lawyer? For many reasons, a lawyer is necessary for the green card process.
You may not be eligible for a marriage-based green card following the traditional route.
The law and the government’s policies are complex.
For example, any prior criminal history, immigration violations (such as overstaying a past visa or working without authorization), information you listed on a mortgage, school, or job application, or a denial of a past visa or green card application, can impact your eligibility for a green card now.
If you are not eligible to complete the process the usual way, there may be alternative options for you. To avoid serious consequences, you need to have a plan in place before submitting any applications to the government.
The green card application process is not just about filling out forms.
This is a common misconception. The process is about knowing the law, the government’s policies, and how the bureaucracy works, and submitting the answers and evidence that the government expects to see. The government requires strict compliance with the rules, and unfortunately, they do not always make the rules clear.
Evidence is key. The government wants to see documentary evidence that your relationship is real. This can be a problem for all couples, especially those who have not been together long, have different cultural backgrounds or a significant age difference, who have lived apart, who do not share finances, etc.
Details matter. Your situation may seem similar to that friend of yours who already went through the process, but minor differences may make or break your case. You may think you know how to answer a question on a form or at the interview, but without a thorough knowledge of the law, you may get into trouble.
Preparation for and representation at the interview are important. If you know what to expect, you will be more relaxed, in the best position to answer questions and avoid any misconceptions, and in good hands if something goes wrong.
The law and the government’s policies are changing rapidly in a post-Trump world.
The experience your friend had with the process a year ago may not be the experience you will have now.
What if I do not hire a lawyer?
· If you were not eligible for a green card in the first place, you could be placed into deportation proceedings
· Your process could be delayed for months or even years
· A stressful second interview may be scheduled for you and your spouse, when one could have been avoided
· Your application could be denied on a technicality, and you would need to start again from scratch (including paying the substantial government filing fees again)
· Your application could be denied due to a misunderstanding, and you could be placed into deportation proceedings
We are here to help. To schedule an initial legal evaluation, please contact us at theteam@huwelaw.com, or 415-496-9040.
TPS to End for Nepal
On April 26, 2018, the U.S. Department of Homeland Security (DHS) announced that it would be terminating the TPS designation for Nepal. The approximately 9,000 Nepalese citizens who are currently present in the U.S. in TPS have until June 24th, 2019 to either depart or to find another way to remain here lawfully under our immigration laws.
On April 26, 2018, the U.S. Department of Homeland Security (DHS) announced that it would be terminating the TPS designation for Nepal. The approximately 9,000 Nepalese citizens who are currently present in the U.S. in TPS have until June 24th, 2019 to either depart or to find another way to remain here lawfully under our immigration laws. You can read more here:
http://thehill.com/policy/international/385038-dhs-ends-protected-status-for-nepal
For someone from Nepal who has been residing in the U.S. in TPS for years, this may be a terrifying prospect. The good news is that other legal immigration avenues may be available for a person in this situation. For example, if an individual is married to a U.S. citizen, one option may be an application for permanent residency (a “green card”) with the spouse serving as the sponsor. If the individual has been a victim of crime while in the U.S., they may be eligible for a U visa, which is a path to a green card.
It is important to meet with an immigration attorney as soon as possible to learn about the viability and risks and benefits of other immigration paths. Please contact us at theteam@huwelaw.com or 415-496-9040 to schedule an initial legal evaluation.
Staying on top of USCIS forms updates
In recent times the U.S. Citizenship and Immigration Services ("USCIS"), the branch of the Department of Homeland Security that adjudicates visa, "green card," and citizenship applications within the US, has been frequently updating its application forms. Over the past six months, USCIS has created new form editions for the I-864 Affidavit of Support, I-485 Application to Register Permanent Residence or Adjust Status, I-751 Petition to Remove Conditions on Residence, and I-693 Report of Medical Examination and Vaccination Record, to name a few.
In recent times the U.S. Citizenship and Immigration Services ("USCIS"), the branch of the Department of Homeland Security that adjudicates visa, "green card," and citizenship applications within the US, has been frequently updating its application forms. Over the past six months, USCIS has created new form editions for the I-864 Affidavit of Support, I-485 Application to Register Permanent Residence or Adjust Status, I-751 Petition to Remove Conditions on Residence, and I-693 Report of Medical Examination and Vaccination Record, to name a few.
Why is this important to know?
1. New form editions means USCIS may reject your application due to submission of an expired form.
2. Many changes are being made to make the visa, green card, and citizenship application processes more difficult.
It is now more important than ever to hire an immigration lawyer to represent you throughout your application process. Forms are just one part of an application, and navigating the complex immigration system is daunting. A lawyer's expertise significantly improves your chances of approval, reduces your stress, and provides peace of mind.
Below is information regarding many of the recently updated forms. For a complete list of recent updates, visit https://www.uscis.gov/forms-updates. To discuss your specific immigration needs, please contact us at theteam@huwelaw.com, or 415-496-9040.
April 23, 2018: Update to Form I-821, Application for Temporary Protected Status; New Edition Dated 04/11/18
Starting 06/25/2018, we will only accept the 04/11/18 edition. Until then, the 10/19/17 edition can be used.
April 20, 2018: Update to Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant; New Edition Dated 04/12/18
Starting 06/19/2018, we will only accept the 04/12/18 and 12/23/16 editions.
April 12, 2018: Update to Form G-325A, Biographic Information (for Deferred Action); dated 03/29/18
Starting 06/11/2018, USCIS will only accept the 03/29/18 edition. Until then, the 06/01/15 edition can be used.
March 22, 2018: Update to Form I-912, Request for Fee Waiver
Edition Date 03/13/18. Prior versions accepted.
March 16, 2018: Form I-864, Affidavit of Support Under Section 213A of the INA
Edition Date: 03/06/18. Starting 05/16/2018, we will only accept the 03/06/18 edition. Until then, you can use previous editions. You can find the edition date at the bottom of the page on the form and instructions.Updated similarly are Forms I-864A, I-864EZ and I-864W.
Jan. 3, 2018: Update to Form I-601A, Application for Provisional Unlawful Presence Waiver, New Edition Dated 12/15/17.
Jan. 3, 2018: Update to Form I-485, Application to Register Permanent Residence or Adjust Status, New Edition Date 12/13/17.
Dec. 21, 2017: Update to Form I-751, Petition to Remove Conditions on Residence
New edition dated 12/05/17. Starting 02/19/2018, we will only accept the 12/05/17 edition. Until then, you can use the 12/23/16 edition.
Nov. 3, 2017: Update to Form I-693, Report of Medical Examination and Vaccination Record
New edition dated 10/19/2017. Starting Jan. 2, 2018, civil surgeons must use the 10/19/17 edition of Form I-693. USCIS will not accept the 02/07/17 version (or any previous editions) that a civil surgeon signed and dated on or after Jan. 2, 2018.
February 2018 Visa Bulletin Released
The U.S. Department of State has released the Visa Bulletin for February 2018. In addition to filing and filing action dates, the Bulletin includes information on includes information on the diversity visa cut-offs, the Special Immigrant translator visa availability, the scheduled expiration of two employment visa categories, and visa availability in the coming months.
The U.S. Department of State has released the Visa Bulletin for February 2018. In addition to filing and filing action dates, the Bulletin includes information on includes information on the diversity visa cut-offs, the Special Immigrant translator visa availability, the scheduled expiration of two employment visa categories, and visa availability in the coming months.
USCIS has advised that in February, it will be accepting adjustment of status applications based on filing dates for family-based cases. However, final action dates must be used for employment-based cases.
To view the full Bulletin, please visit:
https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-february-2018.html
To discuss your immigration goals, please contact us at theteam@huwelaw.com or 415-496-9040.
