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Articles Posted in Adjustment of Status

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick goes over each section of President Trump’s new executive order, “Proclamation Suspending the Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak,” which suspends and limits the immigration of certain types of aliens for a 60-day period beginning on April 23, 2020.

Keep on watching for more information.

Overview:


Who is impacted by the Executive order?


The suspension applies to individuals who, as of April 23, are:

(1) outside of the United States

(2) do not have an immigrant visa

(3) do not have official travel documents other than visas and

(4) are not otherwise exempted from the Proclamation.


Who will enforce the Executive Order?


The President’s executive order will be enforced by U.S. Consulates worldwide beginning 11:59 p.m. eastern daylight time on April 23, 2020. Consular officials will have the discretion to determine whether an immigrant is eligible to receive a visa and whether they are exempt from the order.


Who is exempt from the Executive Order (not impacted)?


  • Lawful Permanent Residents of the U.S.;
  • Aliens who are the spouses of U.S. Citizens;
  • Members of the U.S. Armed Forces and any spouse and child of a member of the U.S. Armed Forces;
  • Aliens under 21 years of age who are children of United States Citizens and prospective adoptees;
  • Aliens seeking to enter the U.S. on an immigrant visa as a physician, nurse, or other healthcare professional;
  • Aliens seeking to enter the U.S. to perform medical research or other research intended to combat the spread of COVID-19;
  • Any spouse any unmarried child under 21 years of age of any such alien who is accompanying or following to join the alien;
  • Any alien applying for a visa pursuant to the EB-5 Immigrant Investor Program;
  • Aliens whose entry furthers important United States law enforcement objectives;

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses one of your frequently asked questions: do people with green cards need to worry about using government benefits due to the Coronavirus crisis?

Keep on watching for more information.

Overview:


Do green card holders need to worry about collecting benefits during the Coronavirus crisis?


The short answer is no. The people who are subject to the public charge rule are (1) people who are applying for adjustment of status within the United States (green cards) (2) people who are applying for an immigrant visa at a US Consulate or Embassy overseas and (3) people who are changing their non-immigrant visa status (with certain lenient criteria). In general, individuals may not obtain certain benefits from the government including:

  • Supplemental Social Security Income (SSI)
  • Temporary Assistance to Needy Families (TANF)
  • Medicaid
  • Non-Emergency Medicaid
  • Supplemental Nutrition and Assistance Program (SNAP)
  • Section 8 Housing Choice Voucher Program
  • Section 8 Project-Based Rental Assistance and
  • Certain other forms of subsidized housing.

Read our Public Charge FAQ guide here.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses a new and important topic: are green card interviews being waived during the Coronavirus pandemic?

Keep on watching for more information.

Overview:

As many of you know, on March 18th USCIS announced the closure of USCIS field offices, ASC centers, and asylum offices nationwide until at least May 3rd to minimize the spread of coronavirus (COVID-19).

That means that most interviews and biometrics appointments initially scheduled to take place between March 18th and May 3rd are being rescheduled.

Certain Employment-Based Green Card Interviews Waived

Typically, a green card applicant must attend an in-person interview at a USCIS field office (if based on marriage or employment) before their green card application can be approved. That is because USCIS must ensure that the green card applicant meets all eligibility requirements.

Curiously, during the last few days, certain green card applicants have seen their green card interviews waived instead of rescheduled. This has been occurring mainly for employment-based green card applicants. This class of individuals have seen their green cards approved, and have received their green cards in the mail, without having to attend the green card interview.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this important video, attorney Jacob Sapochnick discusses how the COVID-19 pandemic has affected U.S. immigration law and what you should expect going forward.

Overview:

COVID-19 Firm Update

In compliance with government directives, our office remains temporarily closed for any in person meetings with clients and prospective clients. However, our firm continues to be fully functional on a remote basis.

All meetings with current and future clients will take place via phone, Zoom, Facetime, or other remote conferencing medium. At this time, we are not scheduling in-person appointments to prevent the spread of COVID-19. Our focus remains the health and safety of our clients and our employees, while providing the highest quality of service.

If you are a prospective client, you may contact us by phone or schedule a video conference for a free discovery call to determine your immigration needs.

Our Message to Our Current Clients

Our Firm has been hard at work these last few weeks to avoid any disruptions in service as a result of the COVID-19 outbreak, while at the same time acting responsibly to do our part to contain the spread of this virus.

To achieve business continuity, our office will be engaging an Alternate Work Schedule Program that will allow us to remain fully functional and continue our business with the use of remote working technology.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the brand-new Form I-944 Declaration of Self-Sufficiency that must be filed with all applications for adjustment of status postmarked on or after February 24, 2020, as a result of the new public charge rule that became effective on this date.

Who Must File Form I-944?

All applicants filing for adjustment of status on or after February 24, 2020, must file Form I-944 with their application for adjustment of status.

What is on Form I-944?

This video explains Form I-944 in detail including what information appears on this new Form and how to complete the information on this Form.

Please keep in mind that this video is for informational purposes only and does not substitute the preparation or advice of an attorney. To ensure that you have completed the Form correctly you should retain the assistance of an experienced attorney.

Applicants must also bear in mind that the new public charge rule has introduced many new changes that require applicants to follow new procedures such as filing only the latest editions of Forms which are necessary to apply for adjustment of status. The latest editions of these Forms are available on the USCIS website.

Where can I find more information?

To read more about the new Form I-944, please visit our blog post “All About the New Form I-944, Declaration of Self-Sufficiency.”

You can also find more information about the new public charge rule including who is affected, by visiting our FAQs here.

If you need assistance filing for adjustment of status, you may contact our office for a consultation.

Please share if you found this post useful and remember to follow us on our social media platforms FacebookYoutubeTwitter, and Instagram for more immigration news.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses a frequently asked question: can someone who is in the process of getting divorced overseas re-marry in the United States before that divorce is final?

Overview:

In many foreign countries the process of getting divorced is a very long and tedious process with many divorces taking many years to come to a final conclusion.

Many clients are left wondering whether they can lawfully re-marry in the United States while their divorce process is pending overseas, so that they can move on with their lives and apply for adjustment of status based on their marriage in the United States.

Unfortunately, you may not lawfully re-marry in the United States until all prior marriages have been terminated. A prior marriage is terminated when divorce proceedings come to a conclusion. A prior marriage is terminated by a government order or decree of dissolution of marriage issued by the appropriate authority in the country where your divorce proceedings took place. If you have not received a final order or decree of dissolution from such an authority, your prior marriage has not been terminated.

Filing a petition for adjustment of status while you remain married to someone else, even in a foreign country, carries with it very serious legal consequences.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the public charge rule and who is affected.

Overview:

Several categories of people are affected by the public charge rule:

The first category of people primarily affected by the public charge rule are applicants filing for adjustment of status on Form I-485 Application to Register Permanent Residence or Adjust Status.

The second category of people affected by the rule are foreign nationals applying for an immigrant visa at a U.S. Embassy abroad.

Also affected are nonimmigrants applying for a change of status in the United States.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, we answer one of your frequently asked questions: can I work while my green card application (Form I-485) is pending with USCIS?

Overview:

The answer is yes; however, you will first need to file Form I-765 Application for Employment Authorization with USCIS and wait several months for this application to be processed.

Once the application has been processed you will receive your work permit also known as “employment authorization document” (EAD). You may obtain a social security number, driver’s license, and obtain lawful employment in the United States once you have your employment authorization document.

Please note that an EAD is not the same as a green card. The EAD simply allows you to work temporarily while your green card application is processing. EADs are typically issued for a one-year period of time and may be renewed if your application remains pending with USCIS past the expiration date.

Form I-765 is typically filed at the same time and in the same package as the green card application. However, if you did not file it at the same time as your green card application, you may file it separately so long as your green card application remains pending with USCIS.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the Supreme Court’s recent ruling which will allow the public charge rule to go forward and be implemented by the government.

Overview:

On January 27, 2020, in a 5-4 decision, the Supreme Court of the United States ruled in favor of the Trump administration allowing the government to implement the final rule “Inadmissibility on Public Charge Grounds” nationwide except for in the State of Illinois, where litigation remains pending.

Following the Court’s decision, the United States Citizenship and Immigration Services (USCIS) published a news release on its website notifying the public that the agency will begin implementing the final rule on February 24, 2020 to applications and petitions postmarked (or submitted electronically) on or after February 24, 2020 (except for in the State of Illinois). For applications or petitions sent by a commercial courier (UPS/FedEx/ or DHL), the postmark date will be the date reflected on the courier receipt.

According to the press release, “The Final Rule prohibits DHS from considering an alien’s application for, certification or approval to receive, or receipt of certain non-cash public benefits before Oct. 15, 2019, when deciding whether the alien is likely at any time to become a public charge. In light of the duration of the recently-lifted nationwide injunctions and to promote clarity and fairness to the public, DHS will now treat this prohibition as applying to such public benefits received before Feb. 24, 2020.

Similarly, the Final Rule prohibits DHS from considering the receipt of public benefits by applicants for extension of stay and change of status before Oct. 15, 2019 when determining whether the public benefits condition applies, and DHS will now treat this prohibition as applying to public benefits received on or after Feb. 24, 2020.” Continue reading

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses an important topic. Recently Iranian Americans with dual citizenship have been questioned by Customs and Border Protection upon re-entering the United States. Our clients have been asking: can the government do this?

Stay tuned to find out more.

Overview: 

As our readers may be aware tensions between the United States and Iran have been at an all-time high following the killing of Qasem Soleimani, an Iranian military commander by a United States airstrike.

Since Soleimani’s killing, the Iranian government and supreme leader have vowed to retaliate against the United States.

The United States Department of State has issued a level four travel advisory notice for Iran, alerting United States Citizens of the dangers they may face in traveling to Iran including kidnapping, arbitrary arrest, and detention. The DOS has also advised United States citizens against traveling because the United States government does not have any diplomatic or consular relations with the government of Iran and cannot provide emergency assistance to U.S. Citizens in Iran.

The DOS has also made clear on its website that Iranians with U.S./Iranian nationality are not immune to these dangers and are advised against traveling.

CBP’s Right to Question

Having said that, generally Customs and Border Protection has the right to question any individual seeking admission to the United States about any matter that they consider relevant in determining an individual’s admissibility to the country.

Given the current circumstances and political climate, it is expected for Customs and Border Protection to question Iranian American dual citizens at the port of entry, about things like their social media, what they were doing in Iran, their feelings about the political situation in Iran, who they know in Iran, and other such questions.

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