Blog Archives

Naturalization or Citizenship Test will be updated soon

7/24/2019

USCIS is revising the current Naturalization or Citizenship Test, for applicants who submitted Form N-400, The goal is to create a uniform test that assesses applicants’ knowledge and understanding of U.S. history, government and values.

This spring, the former USCIS director signed the Revision of the Naturalization Civics Test Memorandum. This memorandum announces the revision of the naturalization test and formalizes a revision schedule of the naturalization test.

USCIS set an implementation date in December 2020 or early 2021.

Read more here.

0 Comments

EB-5 Immigrant Investor Reform

7/24/2019

0 Comments

On July 24, 2019, new EB-5 Immigrant Investor regulations were published in Federal Register.

The final rule will become effective on November, 21, 2019.

Major changes to EB-5 in the final rule include:

Raising minimum investment amounts: the standard minimum investment level will increase from $1 million to $1.8 million, the first increase since 1990, to account for inflation.
The rule also keeps the 50% minimum investment differential between a TEA and a non-TEA, thereby increasing the minimum investment amount in a TEA from $500,000 to $900,000. The final rule also provides that the minimum investment amounts will automatically adjust for inflation every five years.
The final rule outlines changes to the EB-5 program to address gerrymandering of high-unemployment areas (which means deliberately manipulating the boundaries of an electoral constituency). As of the effective date of the final rule, DHS will eliminate a state’s ability to designate certain geographic and political subdivisions as high-unemployment areas; instead, DHS would make such designations directly based on revised requirements in the regulation limiting the composition of census tract-based TEAs. These revisions will help ensure TEA designations are done fairly and consistently, and more closely adhere to congressional intent to direct investment to areas most in need.
Clarifying USCIS procedures for removing conditions on permanent residence: The rule revises regulations to make clear that certain derivative family members who are lawful permanent residents must independently file to remove conditions on their permanent residence. The requirement would not apply to those family members who were included in a principal investor’s petition to remove conditions. The rule improves the adjudication process for removing conditions by providing flexibility in interview locations and to adopt the current USCIS process for issuing Green Cards.
Allowing EB-5 petitioners to keep their priority date: The final rule also offers greater flexibility to immigrant investors who have a previously approved EB-5 immigrant petition. When they need to file a new EB-5 petition, they generally now will be able to retain the priority date of the previously approved petition, subject to certain exceptions.
Once an investor has obtained an immigrant visa through an I-526 petition and become a conditional resident, he or she can no longer use the priority date of that I-526 petition if he or she files a new I-526 petition. The regulations only offer protection to investors whose I-526 petitions have been approved, and who have not yet obtained conditional residence.
The regulations will be in effect and apply to all I-526 petitions filed on or after November 21, 2019. Any petition filed before that date will be subject to the current rules.

Read more here.

0 Comments

Reminder: Very Rare F2A Concurrent Filing Period Opened on July 1 2019

7/1/2019

0 Comments

Today, July 1, 2019, begins the exceptionally rare period of authorized concurrent filing of I-130 and I-485 for spouses and minor children of permanent residents/green card holders. The filing period is expected to end on July 31, 2019, unless August 2019 Visa Bulletin also projects F2A preference category to be "current".
It is important to file all applications properly and submit all required initial evidence in order to avoid rejection, because there could be no time for re-filing if the filing period ends on July 31st.
Spouses and minor children of the lawful permanent residents who are in the USA in *lawful status* might be able to apply for adjustment of status concurrently with the filing of I-130 petition. Consult an attorney if not sure if you are eligible to apply.
If you need legal help please email at attorney@law-visa-usa.com

In Russian:

Сегодня 1 июля 2019 открылся период для подачи одновременно петиции на воссоединение семьи и заявления на грин карту для жен и малолетних детей постоянных жителей США, которые находятся в США *в легальном статусе*, например приехали по гостевой визе или находятся в США по студенческой визе. Этот период продлится с 1 по 31 июля 2019, в соответствии с июльским календарем виз. Помните, что важно правильно все подготовить и подать в USCIS, чтобы избежать отказа в принятии заявлений, rejection, так как не известно, продолжится ли этот период в августе или закончится 31 июля. Если вам нужна помощь, обращайтесь по электронной почте attorney@law-visa-usa.com

0 Comments

New: USCIS to Remind About I-864 Affidavit of Support at Green Card Interview

7/1/2019

0 Comments

On June 14, 2019, USCIS announced the implementation of the “Presidential Memorandum on Enforcing the Legal Responsibilities of Sponsors of Aliens,” issued May 23, 2019.

Now, USCIS officers are required to remind applicants and their petitioners at the adjustment of status (aka green card) interviews of their sponsors’ responsibilities:

Officers must remind applicants and sponsors that the Affidavit of Support is a legal and enforceable contract between the sponsor and the federal government, and that the sponsor must be willing and able to financially support the intending immigrant.
If the sponsored immigrant receives any federal means-tested public benefits, the sponsor “will be expected to reimburse the benefits-granting agency for every dollar of benefits received by the immigrant,” USCIS said.

USCIS announcement is here; Presidential Memorandum is here.

DHS has revised the definition of “public charge” to incorporate consideration of more kinds of public benefits received, which the Department believes will better ensure that applicants subject to the public charge inadmissibility ground are self-sufficient. The rule defines the term “public charge” to mean an individual who receives one or more designated public benefits for more than 12 months, in the aggregate, within any 36-month period (such that, for instance, receipt of two benefits in one month counts as two months). The rule further defines the term “public benefit” to include any cash benefits for income maintenance, Supplemental Security Income (SSI), Temporary Assistance to Needy Families (TANF), Supplemental Nutritional Assistance Program (SNAP), most forms of Medicaid, and certain housing programs.
The regulation also excludes from the public benefits definition: public benefits received by individuals who are serving in active duty or in the Ready Reserve component of the U.S. armed forces, and their spouses and children; public benefits received by certain international adoptees and children acquiring U.S. citizenship; Medicaid for aliens under 21 and pregnant women; Medicaid for school-based services (including services provided under the Individuals with Disabilities Education Act); and Medicaid benefits for emergency medical services.
This rule also makes certain nonimmigrant aliens in the United States who have received designated public benefits above the designated threshold ineligible for change of status and extension of stay if they received the benefits after obtaining the nonimmigrant status they seek to extend or from which they seek to change.
Importantly, this regulation does not apply to humanitarian-based immigration programs for refugees, asylees, Special Immigrant Juveniles (SIJs), certain trafficking victims (T nonimmigrants), victims of qualifying criminal activity (U nonimmigrants), or victims of domestic violence (VAWA self-petitioners), among others.
This rule also explains how USCIS will exercise its discretionary authority, in limited circumstances, to offer an alien inadmissible only on the public charge ground the opportunity to post a public charge bond. The final rule sets the minimum bond amount at $8,100; the actual bond amount will be dependent on the individual’s circumstances.
This final rule supersedes the 1999 Interim Field Guidance on Deportability and Inadmissibility on Public Charge Grounds and goes into effect at 12:00 a.m. Eastern on Oct. 15, 2019, 60 days from the date of publication in the Federal Register. USCIS will apply the public charge inadmissibility final rule only to applications and petitions postmarked (or, if applicable, submitted electronically) on or after the effective date. Applications and petitions already pending with USCIS on the effective date of the rule (postmarked and accepted by USCIS) will be adjudicated based on the 1999 Interim Guidance.

0 Comments

Naturalization or Citizenship Test will be updated soon

EB-5 Immigrant Investor Reform

Reminder: Very Rare F2A Concurrent Filing Period Opened on July 1 2019

New: USCIS to Remind About I-864 Affidavit of Support at Green Card Interview

Author

Archives

Categories