On March 9, 2021, Alejandro N. Mayorkas, the Secretary of the Department of Homeland Security (DHS), announced that the US government consistent with Executive Order 14012 will no longer defend the 2019 Public Charge Final Rule since “doing so is neither in the public interest nor an efficient use of limited government resources.” In a press release, Secretary Mayorkas said: “The 2019 public charge rule was not in keeping with our nation’s values. It penalized those who access health benefits and other government services available to them. He added: “Consistent with the President’s vision, we will continue to implement reforms that improve our legal immigration system.”
Read morePresident Biden Issues Proclamation Revoking Trump's Ban for Immigrants Outside the US
On February 24, 2021, President Joseph Biden signed a proclamation revoking former President Trump’s suspension of the issuance of immigrant visas (Green Cards) to those outside the United States, which Trump put forth at the time to purportedly assist with the economic recovery for American workers affected by the coronavirus (COVID-19) pandemic. Specifically, President Biden’s proclamation revokes the suspension of entry imposed in Proclamation 10014 (April 22, 2020), as extended by section 1 of Proclamation 10052 (June 22, 2020), and section 1 of Proclamation 10131 (December 31, 2020).
Read moreUSCIS Will Replace Sticker That Extends Validity of Green Cards in January 2021
Beginning in January 2021, US Citizenship & Immigration Services (USCIS) will replace the sticker that is currently issued to lawful permanent residents (LPRs) to extend the validity of their Form I-551, Permanent Resident Card (PRC, and also called a “Green Card”), with a revised Form I-797, Notice of Action for Form I-90, Application to Replace Permanent Resident Card. USCIS states that the revised I-797 receipt notice, along with an applicant’s Green Card, will serve as temporary evidence of lawful permanent resident status for twelve months from the expiration date on front of the Green Card. USCIS notes:
Read moreCan I Travel to the US? COVID-19-Related Travel Restrictions and Issues
What a strange and unpredictable year this has been! As countries start to open up their borders to international travelers, the most common question we have been getting over the last few months has been, "Can I travel to the US?" Unfortunately the very lawyerly answer is: "It depends." It depends what country you are coming from. It depends if you have a visa and in what visa category you intend to travel to the US. It depends on whether you have a Green Card. It depends on whether you have a legal permanent resident or US citizen relative. It may even depend on what exactly you intend to do in the US. Below we will try to unravel some of these issues but in many cases there are no clear answers. One caveat: the information about travel to the US is changing on an almost daily basis, therefore more than ever before, if you intend to travel to the US, it is vitally important you check with an immigration lawyer for specific advice on your individual circumstances.
Read moreAILA: Extensive Delays for Printing of EAD Cards and Green Cards
The American Immigration Lawyers Association (AILA) states that in recent weeks they have received reports from members of delays in the issuance of Employment Authorization Documents (EAD) and Lawful Permanent Resident Cards (i.e., Green Cards) for some employment-based, family-based, and asylum-based immigration applications. Columnist Catherine Rampell in The Washington Post also confirmed the delays noting that US Citizenship & Immigration Services (USCIS) has shut down printing EADs and Green Cards at one facility in Corbin, Kentucky, weeks ago, as well as scaled back printing at a second facility in Lee's Summit, Missouri, all of which have led to these massive delays.
Read morePresident Trump’s Proclamation Temporarily Suspending Entry of Immigrants to the US for 60 Days
President Trump yesterday signed a presidential proclamation effective today, April 23, 2020 at 11:59pm EDT, temporarily blocking for sixty days the issuance of immigrant visas (Green Cards) to those outside the United States. This proclamation is meant to assist with the economic recovery for American workers affected by the coronavirus (COVID-19) pandemic and comes after the president’s tweet earlier this week where he said he would “suspend immigration.” The proclamation itself is more limited in scope than President Trump’s initial claim and only applies for a period of sixty days to those foreign nationals applying for an immigrant visa (Green Card) who are physically outside the US.
Read morePresident Trump's Announcement on Suspending Immigration to the United States
UPDATE APRIL 23, 2020: President Trump signed a proclamation on suspending entry of immigrants to the US for 60 days.
President Trump announced late Monday night in a tweet that he plans to temporarily “suspend immigration” to the United States, a move he said is needed to protect American jobs and prevent the further spread of coronavirus (COVID-19), which he called “the Invisible Enemy.” White House officials reported that they are drafting an executive order that Trump could sign as early as today. At this time, it is unclear what exactly such an executive order would accomplish. Last month, the State Department canceled most routine immigrant and nonimmigrant visa appointments at US Embassies/Consulates abroad, effectively shutting down nearly all kinds of new travel to the US for nonimmigrants and immigrants. The US has also already enacted restrictions on international travel from Europe, China, and other countries affected by COVID-19, and has placed strict controls at the country’s land borders.
The State Department also stopped all processing for refugee resettlement, while citizenship ceremonies have been suspended as well as in-person services by US Citizenship & Immigration Services (USCIS). It is unclear if the order will simply extend these policies already in effect or if it will go further to suspend Green Card and visa petitions filed by employers. Once the order is issued, we would expect to have a clearer idea of what to expect. We will publish additional updates on the executive order as soon as we receive them.
UPDATE APRIL 22, 2020: Yesterday, President Trump provided some additional details about his proposed immigration ban. He indicated that foreign nationals would not be able to file immigrant visa applications for sixty days. Those with nonimmigrant visas (like O-1, H-1B, TN, E-3, P-1, J-1, F-1, etc.) would not be affected by the restrictions. Since the president has not signed the final order yet, some of this may change but we will continue to update this page as we receive guidance and information.
The New York Times: “Supreme Court Allows Trump’s Wealth Test for Green Cards”
On Monday this week the Supreme Court issued a 5-4 decision to stay the current nationwide injunction of the “public charge” final rule. With this decision, the administration can implement the “public charge’ final rule for now while the underlying litigation continues, except in Illinois, which has a state-specific injunction. The “public charge” final rule will make it more difficult for immigrants to receive Green Cards if they’ve ever used, or are seen as “likely to use,” public benefits such as food stamps, Section 8 housing vouchers, and Medicaid, among others. The rule arguably redefines the “historic meaning” of the term “public charge,” which will likely result in the denial of applications based on “a bureaucrat’s suspicions that they could use welfare.”
Read moreDiversity Lottery for Fiscal Year 2021 (DV-2021)
It’s that time of year again! The Diversity Visa Lottery for fiscal year 2021 (DV-2021) is here. The online registration period for the DV-2021 Program begins on Wednesday, October 2, 2019 at 12:00 noon (EDT), and concludes on Tuesday, November 5, 2019 at 12:00 noon (EST). It is recommended that foreign nationals not wait until the end of the period to apply as heavy demand could cause delays on the website. Additionally, they should not submit multiple applications since doing so will result in disqualification.
Read moreSojourners: “Policymakers Aim To Address 900,000-Person Green Card Backlog.”
The House of Representatives recently passed a measure that would end country-based caps to significantly increase the number of green card holders from certain nations. This proposal, now sent to the Senate, was one of several in Congress competing to address the backlog of more than 900,000 approved employment-based green card applications. Under the measures proposed by Rep. Zoe Lofgren (D-Fla) and by Sen. Mike Lee (R-Utah), the visas would be awarded on a first-come first-served basis, many of which would go to Indian and Chinese nationals.
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