Categories
COVID-19 Temporary Visas

Trump Amends Proclamation Suspending Entry of Aliens Presenting a Risk to the U.S. Labor Market

If you’ve been keeping count, the President has now issued three different proclamations restricting visa issuance and entry of noncitizens allegedly presenting a risk to the U.S. labor market in the wake of COVID-19. They are: Version 1.0 (Apr. 23): President issues  Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market…

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Family Immigration

USCIS Processing Times: I-130s and I-129Fs at All Service Centers

The below table shows processing times for Forms I-130, Petitions for Alien Relatives, filed by U.S. citizens for immediate relatives (i.e., spouses, parents, or children under 21). In particular, these processing times are for standalone I-130s, meaning I-130s not filed together with Form I-485, Application to Adjust Status. Forms I-129, Petitions for Alien Fiancé(e)s. Upon…

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COVID-19 Temporary Visas

Routine Visa Appointment Availability in China

June 24 update: Bloomberg is reporting that dozens of U.S. diplomats are preparing to return to Beijing next month. Reportedly, some are concerned that the Chinese government could have access to their DNA samples from COVID-19 testing. And some are concerned that dependent family members may be separated if they test positive. June 20: The…

Categories
COVID-19

Trump Issues Proclamation Suspending Entry of Aliens Presenting a Risk to the U.S. Labor Market

President Trump on June 22 issued a Proclamation expanding on his prior Apr. 23 Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak. You can think of this as Proclamation version 2.0. Extension of Ban on Certain Immigrants Version 1.0 banned the entry…

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Family Immigration

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…

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COVID-19

June 17 Update: U.S. State Dep’t Suspends Routine Visa Services Worldwide

The State Department has announced that routine visas services remain suspended at U.S. posts worldwide, but as resources allow, embassies and consulates will continue to provide emergency and mission critical visa services.  Mission-critical immigrant visa categories may include applicants who may be eligible for an exception under the Presidential Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S.…

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COVID-19

USCIS May Furlough Employees Because of Budget Shortfall

Officials at USCIS told employees last month that the agency may soon be unable to meet payroll. Management has estimated it will run out of funds to operate normally on Aug. 3. About 15,000 USCIS employees may be furloughed in 30-day increments, according to Government Executive. That represents three quarters of the agency’s workforce. The…

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Temporary Visas Waivers / Visa Denials

Trump Suspends Entry of Chinese Students and Researchers: First Impressions

The President has issued a May 29, 2020, Proclamation on the Suspension of Entry as Nonimmigrants of Certain Students and Researchers from the People’s Republic of China.The proclamation appears to be counter-productive, a distraction from real measures needed to fight Beijing’s theft of sensitive technologies, and an attempt to boost Trump’s electoral odds by stoking xenophobia.

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COVID-19

Diplomatic Tussle Continues Over U.S.-China Flights

China has made some concessions, apparently in response to a June 3 Trump administration order that would bar four Chinese passenger carriers from operating into and out of the U.S. effective June 16. Four Chinese carriers have maintained flights to and from the U.S. in recent weeks. They are Air China, China Eastern, China Southern…

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COVID-19

USCIS Prepares to Resume Public Services on June 4

U.S. Citizenship and Immigration Services is preparing some domestic offices to reopen and resume non-emergency public services on or after June 4.

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Family Immigration

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.…

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Family Immigration

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…

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Naturalization and Citizenship Waivers / Visa Denials

Communist Party Membership Makes Some Ineligible for U.S. Green Card and Citizenship

Did you think the Cold War was over? The U.S. Immigration and Nationality Act still makes inadmissible (i.e., ineligible) for permanent residence and citizenship certain persons who have been members of or affiliated with the Communist Party. The Chinese Communist Party (CCP) has some 80 million members, so this ground of ineligibility is a key…

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COVID-19

Apr. 24 Update: USCIS Suspends In-Person Services Until at Least June 4

On Apr. 24, USCIS announced that USCIS offices are preparing to reopen “on or after June 4”: 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…

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COVID-19 Employment-Based Immigration Family Immigration

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…

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COVID-19 Uncategorized

Trump Tweets of Plan to “Suspend Immigration”

Apr. 23 Update: President Trump just issued the executive order suspending immigration he tweeted about. See Trump Suspends Entry of Immigrants Who Are “Risk” to Labor Market. So President Trump has announced on Twitter that he intends to issue an Executive Order that will “suspend immigration” in light of how COVID-19 has devastated the economy:…

Categories
COVID-19 Employment-Based Immigration Family Immigration

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.…

Categories
Maintaining LPR Status During Stays Abroad

Keeping Your Permanent Resident Status: Best Practices for Avoiding Abandonment

LPR status can be lost by making a trip abroad that’s not “temporary.” Learn best practices for keeping your green card and what to do if problems arise.

Categories
COVID-19

COVID-19 and the Public Charge Rule

Here are key points on COVID-19 and the public charge rule: 1. Will getting tested, treatment or preventative care for COVID-19 impact my client’s immigration application under the public charge rule? On March 13, the U.S. Citizenship and Immigration Services (USCIS) announced that the agency will not consider “testing, treatment, nor preventative care (including vaccines,…

Categories
COVID-19 Maintaining LPR Status During Stays Abroad

Green Card Holders Staying Abroad Over 6 Months Risk Abandonment

What do you need to do to preserve your status as a lawful permanent resident (LPR)? This question is now critical for persons unable to travel due to the coronavirus (COVID-19) pandemic or related travel restrictions. If you are abroad for 6 months or more per year, you risk “abandoning” your green card. This is especially…