Immigration Officers Have Discretion When Deciding Green Card Cases

Did you know: Even if you prove that you meet all general legal requirements for eligibility for a green card, the immigration officer deciding your case still has discretion to deny it?

This is a surprise to many green card applicants. And in the San Jose and San Francisco Bay Area where we practice, the use of discretion to deny a green card application has not been common practice thus far. However, recently United States CItizenship and Immigration Services (USCIS) updated their Policy Manual and added consolidated guidance on the issue of discretion. We expect that this new guidance will prompt increased scrutiny and denials moving forward.

The USCIS Policy Manual now states that the adjudicating officer "should review the entire record and give appropriate weight to the negative and positive factors relative to the privileges, rights, and responsibilities of LPR [Lawful Permanent Resident] status. Once the officer has weighed each factor, the officer should consider all of the factors cumulatively to determine whether the positive factors outweigh the negative ones."

So what types of factors will the officer consider when evaluating your case? Some of the biggest factors are:

-Your family ties in the US 

-Your history of education and employment in the US, and current US investment or property ownership

-Whether you have any type of criminal history, including arrests or citations (even if those would not otherwise bar you from receiving the green card) 

-Whether you have ever violated US immigration laws (even if the conduct would not otherwise bar you from receiving the green card)

Because immigration officers are likely to focus more on these and other additional factors when deciding a green card case, green card approval is becoming more challenging. 

How can Hurtubise Weber Law help? Our team has the knowledge and experience to support, guide, and represent you throughout the green card process, to give you the best chance of success. Contact us at theteam@huwelaw.com or 415-413-8760 to get help today!

TPS extended for El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan

Some great news for anyone from El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan holding Temporary Protected Status (TPS): USCIS has extended eligibility until October 4, 2021. This means that TPS holders from these countries will remain in status and authorized to work through that date.

Is your TPS scheduled to expire on October 4th? You may have options to remain in the U.S. beyond that date. We specialize in Deferred Action for Childhood Arrivals (DACA) and adjustment of status (green cards) sponsored by family members and employers. Contact us today at 628-877-0197 or theteam@huwelaw.com to see if you may qualify for one of these benefits!

USCIS Immigration Fees will Increase on October 2nd

UPDATE: The U.S. District Court for the Northern District of California has issued a nationwide preliminary injunction enjoining the fee increases described below. The injunction could be lifted at any time. Stay tuned for further updates.

Beginning on October 2, 2020, USCIS will implement across-the-board fee increases. If you qualify for an immigration benefit, now may be the time to apply.

Fees will increase for the benefits below, among others:

• N-400 Naturalization: $640 to $1160

• I-485 Adjustment for a child under 14 years old: $750 to $1130

• I-601A Provisional Waiver: $630 to $960

• I-192 Waiver: $930 to $1400

• I-751 Petition: $595 to $760

• I-765 EAD: $410 to $550

Additionally, all applicants for adjustment of status (an application for a "green card" in the US) will be required to pay separate fees for an I-765 EAD and I-131 travel document. This will result in an increase of more than $1100 in filing fees for adjustment applicants seeking these benefits. 

If you believe you may be eligible for an immigration benefit, there is still time to apply before the fees increase. Contact us to get started today at theteam@huwelaw.com or 415-496-9040.

Can a Foreign National Working in the US Apply for Unemployment?

Many of our clients have reached out to ask whether it is okay for them to apply for unemployment during this uncertain economic time. They are understandably worried that doing so could negatively affect their current immigration status or applications for future benefits.  

Immigration law is complex and fact dependent. However the good news is that in general a foreign national working in the US can apply for unemployment without triggering negative immigration consequences. 

The key is that the foreign national must be eligible for unemployment under all applicable rules where they reside. They must be legally entitled to receive the benefit under federal law, as well as local and state law in their jurisdiction. If this is the case, then applying for or receiving unemployment benefits should not negatively impact current or future immigration applications.

Of course there are caveats and nuances involved. If you are struggling to decide what to do in your specific situation, please contact us at theteam@huwelaw.com or 415-413-8760 to schedule a legal evaluation. We are here to help!

We Support our Essential Immigrant Workers

The U.S. economy is largely built on immigrants. Immigrants make up a significant percentage of workers in a range of industries, including those that are essential during a pandemic.

Over 33% of all farmers, fishermen, and forestry workers are immigrants. Over 3 million immigrants work in the accommodation and food services industries. And more than 4 million immigrants work in the healthcare and social services industries.

To learn more, visit https://www.americanimmigrationcouncil.org/research/immigrants-in-the-united-states?emci=a3df6c49-1b8b-ea11-86e9-00155d03b5dd&emdi=a77d2ecf-bd8b-ea11-86e9-00155d03b5dd&ceid=4520155.

Hurtubise Weber Law stands with our essential immigrant workers, sending gratitude for all that they do.