New USCIS policy regarding NTA issuance goes into effect

On October 1st, 2018, United States Citizenship and Immigration Services (USCIS) began implementing a new policy regarding the issuance of a Notice to Appear in immigration court (NTA) following the denial of an application or petition.

USCIS has explained that it will take an incremental approach to implementing the policy, which is described here in a memorandum dated June 28th, 2018:

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2018/2018-06-28-PM-602-0050.1-Guidance-for-Referral-of-Cases-and-Issuance-of-NTA.pdf

What is the new policy?

• Starting October 1, 2018, USCIS will issue NTAs on denied status-impacting applications, including but not limited to form I-485 applications for adjustment of status (“green card” applications) and form I-539 applications to extend or change nonimmigrant status.

• In the future the memo will also likely be implemented with respect to employment-based petitions (for example H-1b visa applications) and humanitarian applications and petitions.

• Withdrawing an application will not cancel USCIS’s authority to issue an NTA. USCIS may issue an NTA even if the applicant or petitioner withdraws the application.

Why is the new policy important?

The new policy represents a major shift in deportation priorities. Previously, an applicant or petitioner was not automatically referred to immigration court if their request for a status-impacting benefit was denied.

It is now more important than ever to ensure that an application is properly filed and presents the strongest possible evidence, to avoid a denial.

For advice and assistance regarding your specific immigration situation, please contact us at 415-496-9040 or theteam@huwelaw.com.

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.

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.

March 2018 Visa Bulletin Released

The U.S. Department of State has released the Visa Bulletin for March 2018. In addition to filing and filing action dates, the Bulletin also includes information on diversity visa cut-offs, the special immigrant translator visa availability, visa availability in the Vietnam employment fifth preference category, and the scheduled expiration of two employment visa categories.

USCIS has not yet advised whether in March, it will be accepting adjustment of status applications based on filing or final action dates.

To view the full Bulletin, please visit:

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-march-2018.html

To discuss your immigration goals, please contact us at theteam@huwelaw.com or 415-496-9040.