Immigration Blog Luba Smal Attorney at Law - Smal Immigration Law Office

COVID-19 Coronavirus Update from USCIS: RFE and NOID get extra 60 days to respond

3/27/2020

#COVID19 Update from USCIS:

In response to the Coronavirus (COVID-19) pandemic, USCIS announced that it is adopting a measure to assist applicants and petitioners who are responding to requests for evidence (RFEs) and notices of intent to deny (NOIDs) dated between March 1 and May 1, 2020.

For applicants and petitioners who receive an RFE or NOID dated between March 1 and May 1, 2020, any responses submitted within 60 calendar days after the response deadline set forth in the RFE or NOID will be considered by USCIS before any action is taken.

USCIS will provide further updates as the situation develops and will continue to follow CDC guidance. Education and precautions are the strongest tools against COVID-19 infection.

Local USCIS offices remain closed until April 7, 2020 (most likely, it will be extended). USCIS Service Centers are still open for business.

Please visit uscis.gov/coronavirus for latest facts and other USCIS updates.

03/30/2020 UPDATE:

This flexibility applies to an RFE, NOID, NOIR, NOIT or appealable decision within AAO jurisdiction and the issuance date listed on the request, notice or decision is between March 1, 2020 and May 1, 2020, inclusive.
Response Due Date: Any response to an RFE, NOID, NOIR, or NOIT received within 60 calendar days after the response due date set in the request or notice will be considered by USCIS before any action is taken. Any Form I-290B received up to 60 calendar days from the date of the decision will be considered by USCIS before it takes any action.

USCIS Local Field Offices are Closed Until April 7, 2020, will be extended. Our Law Office is Open.

3/19/2020

During COVID-19 pandemic, our virtual online immigration law office remains OPEN.

A phone or video conference appointment with an attorney can be scheduled by emailing us.

On March 18, 2020, the United States Citizenship and Immigration Services announced the temporary closure of its local field and asylum offices as well as its application support centers. The closure will remain in effect until at least April 1, 2020.

On March 25th, temporary closure of USCIS local offices was extended to April 7th 2020, unless the public closures are extended further. This includes interviews, naturalization ceremonies and biometric collection appointments. However, USCIS will continue to provide emergency services during this time. If you have an emergency service request, please contact the USCIS Contact Center. Employees in these offices are continuing to perform mission-essential services that do not require face-to-face contact with the public.
USCIS field offices will send de-scheduling notices to applicants and petitioners with scheduled appointments impacted by the public closure. USCIS will also send de-scheduling notices to naturalization applicants scheduled for naturalization ceremonies, and will reschedule all applicants when USCIS resumes normal operations.

USCIS will post and update COVID-19 information here.

However, USCIS Service Centers remain open and cases are being processed.

We will continue to file new petitions with USCIS as well as continue to meet all deadlines. At this time, USCIS has not modified any deadlines or filing requirements.

We will continue to monitor and provide updates at https://law-visa-usa.com/blog-usa-immigration-law-updates.html

F2A Family Preference Continue to be Current in April 2020 Visa Bulletin

3/15/2020

Family preference category F2A for spouses and unmarried children under 21 of lawful permanent residents remains CURRENT in April 2020 Visa Bulletin.

It means that it is possible to file the I-130 and concurrent application for adjustment of status, I-485, but only if you qualify.

One of the requirements is maintaining a lawful nonimmigrant status at the time of filing.

В апреле 2020 продолжается период, когда супруги и малолетние дети постоянных жителей США могут одновременно подавать петицию на воссоединение семьи и заявление на грин карту, если они находятся в США в легальном статусе и соответствуют другим требованиям закона.

April 2020 Visa Bulletin

Suspension of Entry from Europe: Presidential Proclamation. Suspension of Consular Services

3/15/2020

Presidential Proclamation — Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus

White House, Mar. 11, 2020
"I, DONALD J. TRUMP, President of the United States, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 212(f) and 215(a) of the Immigration and Nationality Act, 8 U.S.C. 1182(f) and 1185(a), and section 301 of title 3, United States Code, hereby find that the unrestricted entry into the United States of persons described in section 1 of this proclamation would, except as provided for in section 2 of this proclamation, be detrimental to the interests of the United States, and that their entry should be subject to certain restrictions, limitations, and exceptions. I therefore hereby proclaim the following:
Section 1.  Suspension and Limitation on Entry. The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the Schengen Area during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation.
Sec. 2.  Scope of Suspension and Limitation on Entry.
(a) Section 1 of this proclamation shall not apply to:
(i)     any lawful permanent resident of the United States;
(ii)    any alien who is the spouse of a U.S. citizen or lawful permanent resident;
(iii)   any alien who is the parent or legal guardian of a U.S. citizen or lawful permanent resident, provided that the U.S. citizen or lawful permanent resident is unmarried and under the age of 21;
(iv)    any alien who is the sibling of a U.S. citizen or lawful permanent resident, provided that both are unmarried and under the age of 21;
(v)     any alien who is the child, foster child, or ward of a U.S. citizen or lawful permanent resident, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications;
(vi)    any alien traveling at the invitation of the United States Government for a purpose related to containment or mitigation of the virus;
(vii)   any alien traveling as a nonimmigrant pursuant to a C-1, D, or C-1/D nonimmigrant visa as a crewmember or any alien otherwise traveling to the United States as air or sea crew;
(viii) any alien
(A) seeking entry into or transiting the United States pursuant to one of the following visas: A-1, A-2, C-2, C-3 (as a foreign government official or immediate family member of an official), E-1 (as an employee of TECRO or TECO or the employee’s immediate family members), G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or NATO-6 (or seeking to enter as a nonimmigrant in one of those NATO categories); or
(B) whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement;
(ix)    any alien whose entry would not pose a significant risk of introducing, transmitting, or spreading the virus, as determined by the Secretary of Health and Human Services, through the CDC Director or his designee;
(x)     any alien whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee;
(xi)    any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designees; or
(xii)   members of the U.S. Armed Forces and spouses and children of members of the U.S. Armed Forces.
(b) Nothing in this proclamation shall be construed to affect any individual’s eligibility for asylum, withholding of removal, or protection under the regulations issued pursuant to the legislation implementing the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, consistent with the laws and regulations of the United States."

Following the Presidential Proclamation, many US embassies and consulates suspended operations.

The U.S. Embassy will suspend routine consular operations effective Monday, March 16, 2020. This suspension will remain in effect until further notice.
During the period of suspended operations, we will be providing emergency services to U.S. citizens on a case-by-case basis. U.S. citizens with verifiable emergency situations and confirmed travel tickets may contact us to request an appointment.
The  State Department currently recommends U.S. citizens reconsider international travel. See CDC information regarding high-risk traveler categories.
On March 11, 2010, the U.S. Government issued a proclamation that suspends the entry of immigrants or nonimmigrants who were physically present within the Schengen Area during the 14-day period preceding their entry or attempted entry into the United States. The proclamation does not apply to U.S. citizens, lawful permanent residents, spouses of U.S. citizens or lawful permanent residents, diplomatic and official travelers, air and sea crew members, members of the U.S. Armed Forces and their spouses and children, and certain other categories of travelers.

USCIS DHS Permits F-1 Foreign Students to Study Online from Abroad

3/15/2020

DHS (SEVP) Permits Foreign Students to Study Online from Abroad

"On the night of March 12, 2020, the Student and Exchange Visitor Program (SEVP) provided NAFSA with the following statement:
“SEVP is committed to remaining flexible in allowing schools to make temporary procedural adaptations so nonimmigrant students can continue to make normal forward progress in their program of study. They can temporarily engage in distance-learning, either from within the U.S. or outside the country, in light of COVID-19. SEVP will provide updated guidance as the scope and length of this situation becomes more clear.”
This confirmation comes as welcome news. Earlier that day, NAFSA had contacted SEVP to advocate that SEVP allow schools to maintain SEVIS records in Active status for students who choose to or must take the online portion of classes abroad under the school's COVID-19 policy pursuant to SEVP's March 9, 2020 Broadcast Message 2003-01, Coronavirus Disease 2019 (COVID-19) and Potential Procedural Adaptations for F and M nonimmigrant students. A number of NAFSA members had reported receiving guidance originating from SEVP headquarters that schools had to Terminate such records. This created confusion and concern, especially since many schools are now beginning or have already begun their semester Spring breaks, or are in transition between quarters. SEVP later confirmed that their initial guidance was incorrect, and they subsequently issued the above statement.

NAFSA, Mar. 13, 2020

COVID-19 Update from Nebraska Supreme Court

3/13/2020

The Nebraska Supreme Court entered an order applicable to all courts on March 12, 2020 imposing requirements upon litigants and attorneys who meet the order’s definition of having an elevated risk of infection with COVID-19. Attorneys must notify opposing counsel and the Court if any party, witness or attorney meets the order’s definition and shall not attend any hearing, trial, conference, deposition or other proceeding without prior authorization from the Court. The full text of the order may be found at the link below.

https://supremecourt.nebraska.gov/nebraska-chief-justice-issues-order-regarding-coronavirus-covid-19

All virus related announcements from the Court will be posted at the site listed above.

ALERT: Rescheduling Appointments Due to the Coronavirus COVID-19

3/12/2020

USCIS #COVID19 Announcement: If You Feel Sick, Please Consider Canceling and Rescheduling Your USCIS Appointment.
ALERT: Rescheduling Appointments Due to the Coronavirus (COVID-19)

If you become ill for any reason, regardless of whether you were exposed to COVID-19, please do not come to appointments with any USCIS office.
Please follow the instructions on your appointment notice to reschedule your appointment or interview if you:

Were in any country designated as a "level 3" by the Centers for Disease Control and Prevention (CDC) within 14 days of your appointment;
Believe that you may have been exposed to COVID-19 (even if you were not recently in any level 3 country); or
Are experiencing flu-like symptoms (such as a runny nose, headache, cough, sore throat or fever).
USCIS wants to ensure the safety of those whom we serve and our employees. Please do not visit a USCIS office if you are sick or start to feel symptoms of being sick. We will help you reschedule your appointment, without penalty, when you are better. If you have an illness or are exhibiting symptoms, we recommend you cancel and reschedule your USCIS appointment. Some illnesses and symptoms include:

A cold or the flu
Fever or nausea
Severe headaches or body aches
Muscle or stomach pain, chest pain or difficulty breathing
Vomiting or diarrhea
Active tuberculosis (TB)
Mumps, measles, chickenpox
Other contagious disease
If you need to reschedule an appointment

Please follow the instructions on your appointment notice to reschedule your appointment. There is no penalty if you reschedule your appointment.

***If you come to a USCIS office when you are sick

For the safety of our employees and those that we serve, if you or someone with you appears ill or meets any of the conditions listed above, the OFFICER may CANCEL your appointment or interview. We will assist you in rescheduling your appointment, without any penalty.

https://www.uscis.gov/about-us/find-a-uscis-office/if-you-feel-sick-please-consider-canceling-and-rescheduling-your-uscis-appointment

Affidavit of Support New Rule

3/3/2020

New Public Charge rules are in effect since February 24, 2020.
New federal poverty guidelines are in effect since March 1, 2020. https://www.uscis.gov/i-864p

Public charge does not apply to all immigrants. Every family is different, and the programs that help your
family might not be part of new changes to the policy.

WHAT IS CONSIDERED PUBLIC CHARGE:

- Supplemental Nutrition Assistance Program (SNAP, “EBT” or “Food Stamps”)
- Federal Public Housing and Section 8 assistance
- Medicaid (except for emergency services, children under 21 years, pregnant
women, and new mothers)
- Cash assistance programs (like SSI, TANF, General Assistance)

Most people who are subject to the new rule are not eligible for the above listed benefits.
Services that are not listed above will not be counted in the public charge test. This includes
WIC, CHIP, school lunches, food banks, shelters, state or local health care programs, and
many more.

The immigration officer will consider the immigrant's:

health
age
education and skills
family support and sponsor
use of some kinds of public benefits

The officer weighs all these factors. The officer decides if the person is "likely to become a Public Charge." They consider positive factors, like a job or skills. They consider negative factors, like low income or health problems. They can deny the application if they think the person will depend too much on public benefits in the future.

Who is Affected by the Public Charge Rule

The Public Charge rule mostly affects people who are:

applying for a Green card (Permanent Residence) with a family-based petition.
Permanent Residents who traveled outside the U.S. for more than six months.

A slightly different rule applies to some "nonimmigrants" applying to change or extend their status. Example: student visas.

New Public Charge Rule doesn't apply to:

U.S. citizens
Permanent Residents (Green card holders) applying for citizenship or card renewals
Refugees: people applying for refugee status, or for a Green card as a refugee
Asylum: people applying for asylum, or for a Green card as an Asylee
TPS: people applying for initial or re-registration of Temporary Protected Status
DACA: people applying to renew Deferred Action for Childhood Arrivals
SIJS: people applying for Special Immigrant Juvenile Status or applying for a Green card thru SIJS
U Visa: people applying for a U visa or U visa holders applying for a Green card
T Visa: people applying for a T visa; and T visa holders applying for a Green card
VAWA: people applying for Violence Against Women Act (VAWA), and people with VAWA who are applying for a Green card
People applying for withholding of removal or Convention Against Torture benefits
Cubans applying under the Cuban Adjustment Act
Amerasians who are applying for admission
SIV: Afghan and Iraqi interpreters and translators who are applying for special immigrant visas
Registry: People applying for registry (lived in the U.S. since before January 1, 1972)
NACARA: People applying for Nicaraguan Adjustment and Central American Relief Act benefits
HRIFA: People applying for Haitian Relief and Immigrant Fairness Act (HRIFA) benefits
Lautenberg parolees
Certain other "humanitarian" immigrants

You can find many great resources below:

Supreme Court opinion issued February 21, 2020 is here.
DS-5540, DOS Public Charge Questionnaire is here.
Updated DOS Foreign Affairs Manual section on public charge is here.
USCIS revised forms and updated policy guidance is here.
USCIS policy alert is here.
USCIS announcement is here.
Immigrant Legal Resource Center, Public Charge Toolkit, including a “Totality of the Circumstances Worksheet” with ideas for positive evidence, is here.
National Immigration Law Center, Protecting Immigrant Families page is here; summary of developments is here.
Additional resources are here.