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USCIS Local Offices prepare to reopen on or after June 4, 2020

4/24/2020

USCIS prepare to reopen on or after June 4, 2020. Please note that this announcement applies only to USCIS local offices, and doesn't apply to the U.S. embassies and consulates.

COVID-19 Update from USCIS 04/24/2020:

On March 18, U.S. Citizenship and Immigration Services temporarily suspended in-person services at its field offices, asylum offices, and application support centers (ASCs) to help slow the spread of coronavirus (COVID-19). USCIS is readying offices to reopen on or after June 4, 2020. Employees in these offices are continuing to perform mission-essential services that do not require face-to-face contact with the public while the offices are closed.

While offices are temporarily closed, USCIS will continue to provide limited emergency in-person services. Please call the USCIS Contact Center for assistance with emergency services.

USCIS field offices will send notices to applicants and petitioners with scheduled appointments and naturalization ceremonies impacted by the extended temporary closure. USCIS asylum offices will send interview cancellation notices and automatically reschedule asylum interviews. When the interview is rescheduled, asylum applicants will receive a new interview notice with the new time, date and location of the interview. When USCIS again resumes operations for in-person services, USCIS will automatically reschedule ASC appointments due to the temporary office closure. Individuals will receive a new appointment letter in the mail. Those who had InfoPass or other appointments must reschedule through the USCIS Contact Center once field offices are open to the public again. Please check to see if the respective office has been reopened before calling the Contact Center.

Please also visit uscis.gov/coronavirus for updates. For the latest information on the status of an office, visit https://www.uscis.gov/about-us/uscis-office-closings.

To schedule a consultation with an immigration attorney, please email us.

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Executive Order Limiting Immigration Effective Date April 23 2020

4/22/2020

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On April 22, 2020, President signed the Executive Order limiting immigration. The order applies to those seeking permanent residence (green cards) in the United States and will last for 60 days, at which point it will be reevaluated and potentially extended.

Effective Date. This proclamation is effective at 11:59 p.m. eastern daylight time on April 23, 2020.

The order applies only to foreign nationals outside the United States seeking an immigrant visa or a green card, it doesn't apply to those who applies for adjustment of status.

It applies only to certain immigrant visas.

It includes an exceptions for essential workers, including medical workers, spouses and children of U.S. citizens, and "certain other aliens." The order would not apply to seasonal farm workers, who would seek seasonal guest-worker visas.

Sec. 2. Scope of Suspension and Limitation on Entry. (a) The suspension and limitation on entry pursuant to section 1 of this proclamation shall apply only to aliens who:

(i) are outside the United States on the effective date of this proclamation;
(ii) do not have an immigrant visa that is valid on the effective date of this proclamation; and
(iii) do not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission.

(b) The suspension and limitation on entry pursuant to section 1 of this proclamation shall not apply to:
(i) any lawful permanent resident of the United States;
(ii) any alien seeking to enter the United States on an immigrant visa as a physician, nurse, or other healthcare professional; to perform medical research or other research intended to combat the spread of COVID-19; or to perform work essential to combating, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees; and any spouse and unmarried children under 21 years old of any such alien who are accompanying or following to join the alien;
(iii) any alien applying for a visa to enter the United States pursuant to the EB-5 Immigrant Investor Program;
(iv) any alien who is the spouse of a United States citizen;
(v) any alien who is under 21 years old and is the child of a United States citizen, 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 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;
(vii) any member of the United States Armed Forces and any spouse and children of a member of the United States Armed Forces;
(viii) any alien seeking to enter the United States pursuant to a Special Immigrant Visa in the SI or SQ classification, subject to such conditions as the Secretary of State may impose, and any spouse and children of any such individual; or
(ix) any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.

As of 11:59 PM on April 23, 2020, the ban blocks the issuance of all new immigrant (permanent) visas to people outside the United States, with some exceptions.

Specifically, the ban applies to:

Parents of U.S. citizens (Immediate Relatives category)
Adult children of U.S. citizens (Family Preference categories)
Spouses and children (regardless of age) of lawful permanent residents.
The diversity visa DV Visa program
All employment-based immigrant visas, except EB-5 investor visas (and except those applying for adjustment of status)
All other immigrant visas, unless specifically exempted.

Who Is Exempted from the Immigration Ban?

The ban does not apply to nonimmigrant (temporary) visas, such as students and H-1B high-skilled workers. It exempts any immigrant abroad who already has an immigrant visa or travel document in hand when it goes into effect. It also makes limited exceptions for:

Spouses and minor children of U.S. citizens, as well as active duty troops and their families.
People seeking EB-5 investor visas.
Iraqi and Afghan translators who helped the U.S. military, as well as their families.
Any person obtaining an employment-based immigrant visa as a doctor, nurse, health care worker, medical researcher, or other job that the Department of Homeland Security determines is essential to combating the coronavirus. Spouse and children of these people are also exempted.
Anyone whose entry as an immigrant is determined to be in the “national interest” or that “furthers important law enforcement objectives.”

The ban also does not affect anyone seeking to gain a green card from inside the United States through “adjustment of status,” which does not require obtaining a visa from outside the country. Refugees, asylum seekers, and those currently holding lawful permanent resident status aren’t affected by the ban, but their ability to petition for family members abroad could be impacted.

How Long Does the Immigration Ban Last?

The ban will last 60 days. However, by the 50th day, the secretary of state is required to recommend to the president whether to extend the ban again.

If the supposed “90-day” Muslim Ban provides any history, this new ban will almost certainly get extended through the end of Trump’s first term in office. If the economy continues to struggle, the president will have an excuse to continue to block new immigrants.

In addition, the ban also requires the secretary of homeland security and the secretary of labor to review all non-immigrant visa programs within 30 days. This suggests that another ban may be in the works.

What Is the Long-term Effect of This Immigration Ban?

Routine visa services at consulates abroad are already suspended due to the coronavirus, so this ban does not change much in the short-term. However, the effect will likely be significant if the ban continues once those consulates reopen.

It is expected that all legal immigration would be cut by 33%.

While U.S.-citizen spouses are not affected, nearly two thirds of parents of U.S. citizens would get blocked. 93% of other family-based immigrants would as well. However, because a vast majority of those who obtain green cards through employment categories do so from inside the United States, employment-based immigration is largely unaffected.

Briefly in Russian:

22 апреля 2020, президент подписал Указ, ограничивающий иммиграцию в США. Про этот указ он впервые сказал в твите в понедельник, два дня назад. Этот указ относится к тем, кто обращается за иммиграционными визами в США и грин картами, но не относится к тем, кто приезжает в США по временным неиммиграционным визам. Дата вступления нового закона в силу 23 апреля 2020, и он останется в силе 60 дней. Этот срок может быть продлен президентом.
Указ относится только к иммиграционным визам через посольство и не относится к получению грин карты в США через USCIS как adjustment of status.

Указ исключает из запрета несколько групп иммигрантов: в том числе, супругов и малолетних неженатых детей американских граждан до 21 года, вречей, медперсонал, тех у кого уже есть в паспорте иммиграционные визы, тех кто приезжает по неиммиграционным визам.

Read it here.

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Public Charge, Receiving Public Benefits and COVID-19

4/13/2020

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Immigrants living in the United States are eligible for unemployment benefits. But as the health and economic impacts of the coronavirus spread across the country, many are reportedly afraid to file for unemployment and other government benefits. Much of this fear stems from the Trump administration’s public charge rule. The public charge rule makes it harder for people of limited means to qualify for a visa or green card.
Thankfully, many of these fears are unfounded. However, the climate of fear created by the public charge rule has hampered efforts to respond to the novel coronavirus, COVID-19. This put people’s lives at risk.
Do people with green cards need to worry about using government services due to the coronavirus? No. The current public charge rule applies to people already in the United States who are seeking to obtain a green card, as well as those in another country seeking a visa to come to the U.S. The new rule also requires those seeking to extend or change their nonimmigrant status to submit information on public benefits use. But it does not apply the full public charge test to those individuals.
This means that lawful permanent residents—those who already have green cards—do not need to worry about triggering the harsh effects of the public charge rule by using government services during the coronavirus.
Does filing for unemployment put someone at risk under public charge? No. When the Department of Homeland Security (DHS) published the public charge rule, it made clear that receiving unemployment benefits is not considered to be receiving a “public benefit.” This is because unemployment is an “earned benefit” that workers pay into with their paychecks. This includes Medicare and Social Security.
Not every immigrant laid off due to COVID-19 will be eligible for unemployment. People seeking to file for unemployment generally must be legally authorized to work. Some states extend unemployment benefits to individuals with DACA, while others do not.
Does receiving government support for a coronavirus test put someone at risk under public charge?No. Guidance posted on the U.S. Citizenship and Immigration Services (USCIS) website says that “USCIS will neither consider testing, treatment, nor preventative care (including vaccines, if a vaccine becomes available) related to COVID-19 as part of a public charge inadmissibility determination.”
This is true even if someone pays for the treatment through a benefit which would normally count against them. Again, this includes Medicaid.
The rule itself also exempts the use of Medicaid benefits for treatment of an “emergency medical condition.” Immigrants should not worry about using emergency Medicaid if they become sick with the virus and need treatment.
Could a period of unemployment due to the coronavirus put someone at risk under public charge?Maybe. The public charge rule operates like a wealth test. Immigrants who are laid off due to the coronavirus could have their diminished financial wellbeing counted against them if they apply for a green card in the future or are forced to rely on public benefits to survive.
However, USCIS has indicated that individuals in that situation should provide additional evidence along with their application for a green card. They can explain that the hardship was due to COVID-19.
The agency says it will “take all such evidence into consideration in the totality of the [immigrant’s] circumstances,” indicating that they will likely provide leeway in that event.

More here.

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USCIS Offices Temporary Closure Extended to May 4, 2020

4/1/2020

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COVID-19 04/01/2020 update from USCIS:

On March 18, 2020 tin order to help mitigate the spread of coronavirus (COVID-19), USCIS temporarily suspended all routine face-to-face services with applicants at all of local offices, including all interviews, biometrics and naturalization ceremonies. The temporary suspension is extended through May 3, 2020 and USCIS offices will begin to re-open on May 4, 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 notices to applicants and petitioners with scheduled appointments impacted by the temporary public closure. USCIS will reschedule all applicants when USCIS resumes normal operations.

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.

We will continue to file new petitions with USCIS as well as continue to meet all deadlines.

You can also follow our Blog on Facebook here.

Briefly in Russian:

1 апреля 2020 USCIS объявило о том, что временное закрытие всех местных офисов и отмена всех интервью и отпечатков пальцев продлевается как минимум до 4 мая 2020. Этот период может быть продлен (и скорее всего будет продлен).

После того, как офисы откроются, USCIS сам назначет новые дату интервью и вышлет новые письма по почте. Вам не нужно будет звонить или писать, они сделают это сами.

Вы можете следить за новостями от USCIS тут на нашем блоге или на нашей группе в Facebook.

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USCIS Local Offices prepare to reopen on or after June 4, 2020

Executive Order Limiting Immigration Effective Date April 23 2020

Public Charge, Receiving Public Benefits and COVID-19

USCIS Offices Temporary Closure Extended to May 4, 2020

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