Can You Apply for a Green Card Next Month? Check the October 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 October 2020 to see if your priority date will be current next month.
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 October 2020 to see if your priority date will be current next month.
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in October.
More good news: Final action dates for employment-based 1st, 2nd, 3rd, and Other Workers preference categories will become current for all countries except for China and India.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is fully operational and here for you during this challenging time.
Contact us at theteam@huwelaw.com or 415-496-9040 today.
USCIS Immigration Fees will Increase on October 2nd
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.
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.
Judge Bars Enforcement of Immigration Public Charge Rule During Pandemic
On Wednesday, July 29th, a federal judge in the US District Court for the Southern District of New York issued a nationwide injunction barring USCIS from enforcing the "public charge" rule for as long as the COVID-19 pandemic remains a public health emergency.
UPDATE #2: Per a September 2020 court order, the public charge rule may now be enforced nationwide, during the pandemic, until further notice.
UPDATE: The Second Circuit Court of Appeals issued a ruling on August 12th limiting the District Court’s Order discussed below to Vermont, Connecticut, and New York only. Therefore enforcement of the public charge rule is currently barred in those states only. USCIS may enforce the rule in all other states. Stay tuned for further updates.
We have rare positive news for those seeking permanent residency in the US:
On Wednesday, July 29th, a federal judge in the US District Court for the Southern District of New York issued a nationwide injunction barring USCIS from enforcing the "public charge" rule for as long as the COVID-19 pandemic remains a public health emergency. Both United States Citizenship and Immigration Services (USCIS) and the United States Department of State (DOS) have since announced that they will comply with the injunction.
This means that as long as the injunction remains in effect and there is a declared national health emergency, neither DOS consular nor USCIS officers will enforce any part of the public charge rule.
Please check back in for updates, as this is a fluid situation.
We are fully operational virtually and here to help! Contact us at theteam@huwelaw.com or 415-413-8760 for assistance in applying for a green card.
The Confusing State of DACA
Update from the Department of Homeland Security ("DHS") Acting Secretary Chad Wolf issued a memo…
UPDATE: As of December 7, 2020, to comply with a recent court order, DHS has restored DACA to its original form and is now accepting new DACA and advance parole applications. Please contact us today at theteam@huwelaw.com or 415-849-1199 for assistance!
On Tuesday, July 28th, Department of Homeland Security ("DHS") Acting Secretary Chad Wolf issued a memo instructing DHS to:
Reject all initial requests for DACA and associated applications for Employment Authorization Documents,
Reject new and pending requests for advanced parole absent exceptional circumstances, and
Limit the period of renewed deferred action granted pursuant to the DACA policy after the issuance of this memorandum to one year.
This announcement was made despite recent US Supreme Court and federal district court orders instructing the federal government to reinstate the DACA program as it was initially designed and to again accept DACA applications for initial applicants.
Due to the federal government's apparent defiance of these court orders, DACA is currently in a limbo state. Class action lawsuits have been brought on behalf of initial DACA applicants whose applications will now be rejected.
What does this announcement mean in practice?
If you are an initial applicant for DACA, or a DACA recipient who has recently applied for advance parole, your applications will likely be rejected and returned to you. Pending litigation may result in the applications eventually being accepted, but only time will tell.
If you are in this situation, you may have other options under immigration law. Contact us at theteam@huwelaw.com or 415-849-1199 to find out if we can help.
Guidance for F-1 Students Enrolled in US Schools
Since the pandemic began, COVID-19 has disproportionately impacted immigrants in numerous ways. The latest issue facing our clients is the government's evolving policies regarding distance learning for F-1 students enrolled in US schools.
Since the pandemic began, COVID-19 has disproportionately impacted immigrants in numerous ways. The latest issue facing our clients is the government's evolving policies regarding distance learning for F-1 students enrolled in US schools.
Per normal government regulations and policy, F-1 students are allowed to study remotely in only very limited circumstances. Due to the need for many schools to operate partially or fully remotely during this unprecedented time, on March 9th Immigration and Customs Enforcement (ICE) released updated guidelines for F-1 students during the pandemic. They created separate rules for continuing vs. initial F-1 students. After some recent back-and-forth, ICE has stated that the March 9th guidelines will remain in effect for the Fall semester. This means that an F-1 student who was actively enrolled in school as of March 9th (whether they are currently inside or outside of the US) can study remotely. However, a student not enrolled as of March 9th, and who is outside of the US seeking a visa, can not. The updated guidance is silent on whether someone who is already lawfully in the US - for example in H-1b visa status - can be approved for a change to F-1 student status.
Guidance for Continuing Students:
As stated in the March 2020 guidance, active F students will be permitted to temporarily count online classes towards a full course of study. The March 2020 guidance applies to continuing F nonimmigrant students who were in valid F-1 nonimmigrant status on March 9, 2020, including those previously enrolled in entirely online classes who are outside of the United States and seeking to re-enter the country this fall. Students actively enrolled at a U.S. school on March 9, 2020, who subsequently took courses online while outside of the country can re-enter the United States, even if their school is engaged solely in distance learning.
Guidance for Initial Students:
In accordance with March 2020 guidance, F students in new or initial status after March 9, 2020, will not be able to enter the United States to enroll in a U.S. school as a nonimmigrant student for the fall term to pursue a full course of study that is 100 percent online. Also consistent with the SEVP Broadcast Message dated March 9, 2020, designated school officials should not issue a Form I-20, “Certificate of Eligibility for Nonimmigrant Student Status,” for a student in new or initial status who is outside of the United States and plans to take classes at an SEVP-certified educational institution that is operating 100 percent online.
Due to the evolving nature of the situation, we urge our clients to consult with us before deciding on a course of action based on the new rules. Please contact us at theteam@huwelaw.com or 415-849-1199 for assistance.
