Looking to Sue Over the Public Charge Rule?

The Department of Homeland Security’s new public charge rule is subject to challenge in court on multiple grounds. American Immigration Lawyers Association (AILA) is seeking potential plaintiffs for litigation challenging the USCIS Policy Manual as it relates to pubic charge issues. Potential plaintiffs include: Persons with rejected applications, denied applications, or requests for evidence due…

Getting Married in China: a Guide for U.S. Citizens

1. Introduction This article gives an overview of the requirements and procedures for marriage in China between a U.S. citizen and a Chinese citizen.[1] Chinese law applies when getting married in China.[2] The U.S. Embassy and Consulates in China cannot perform marriages. Local requirements and procedures may vary, so contact local authorities to confirm. 2.…

Litigation Update: Presidential Proclamation Requiring Health Insurance

On Oct. 4, 2019, President Trump issued a proclamation suspending issuance of immigrant visas to applicants who lack either U.S. health insurance or substantial assets to cover their health expenses. For a summary, see our firm’s client alert. On May 4, 2020, the Federal Court of Appeals for the Ninth Circuit refused to stay a…

Trump Suspends Entry of Immigrants Who Are “Risk” to Labor Market

President Trump has published Executive Order 10014, suspending immigration, as he had previously tweeted about. Effective Date: The proclamation becomes effective on Thursday, April 23, 2020 at 11:59 PM (ET). Whose Entry Is Suspended? The order suspends the entry of any individual seeking to enter the U.S. as an immigrant who: Is outside the United…

Applying for a Replacement or New Immigrant Visa

An immigrant visa is generally valid for a period of up to 6 months. You must enter the U.S. within this 6-month period.[1] Consular officers do not have the authority to extend the validity of an immigrant visa (IV). But, as explained below, it may be possible to apply for a replacement or new IV.…

I-130s No Longer Accepted by USCIS International Offices

USCIS will no longer accept and adjudicate Forms I-130, Petitions for Alien Relatives, at its international field offices.[1] The announcement was made Jan. 31 and effective the following day. This follows a period beginning Mar. 2019 when USCIS began to close most of its international offices. Still, the Trump administration should be graded “F” for failure…

Choosing the Best Visa Strategy for a Fiancée or Spouse: K-1, K-3, or CR1/IR1 Immigrant Visa?

A U.S. citizen planning to file a visa petition for a foreign fiancée or spouse who is outside the U.S. may have various strategies to choose from. The most common options are the K-1 fiancée visa, the K-3 visa, and the CR1/IR1 immigrant visa. This article analyzes the factors to be considered in choosing among…

Top 11 Ways to Prove a Valid Marriage for Immigration

Do you have an immigration case which will require you to prove the validity of your marital relationship to the U.S. Citizenship and Immigration Services or to a U.S. Consulate? For example, are you seeking to (a) immigrate based on a spouse’s Form I-130, Petition for Alien Relative, (b) get a K-1 visa based on a…

New DHS Public Charge Rule

On August 14, 2019, the U.S. Department of Homeland Security (DHS) published a final rule governing the public charge grounds of inadmissibility, found at section 212(a)(4) of the Immigration and Nationality Act (INA). Unless litigation halts implementation of the rule, it will go into effect after 60 days, on October 15, 2019. Here is a…

Making a Congressional Inquiry for Help with Your Immigration Case

If you are having problems with your immigration case, a member of the U.S. Congress may be willing to inquire with a Federal immigration agency, such as U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State (DOS) on your behalf.

Issues for U.S. Expats Filing a Form I-130, Immigrant Petition for Alien Relative

Here’s a reader’s question: I am a U.S. citizen and have been living outside the U.S. for almost four years for study. I got married a year ago and would like to apply for my husband to immigrate. My question is, can I apply for him while I am outside the U.S.? I have not finished…

The Proposed Changes to Public Charge: What You Need to Know

Over the weekend, the Trump administration took steps to radically transform a little-known provision of immigration law that could have an outsized impact on legal immigration. In proposed regulations posted on Saturday, the Department of Homeland Security (DHS) indicated that it would redefine the legal term “public charge” to block green cards for low-income immigrants…

Trump’s Proposed “Public Charge” Rule Intensifies War on Legal Immigrants

On September 22, 2018, the Trump administration announced the upcoming publication of a proposed rule that if implemented as written, would prevent immigrants from securing lawful permanent residence and remaining with their families in the United States, simply because at any time in the past, they received some type of basic health care support, nutrition…