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 summary, which is based in large part on information provided by the American Immigration Lawyers’ Association (AILA).

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USCIS Partial Retreat: Some International Field Offices, including Beijing and Guangzhou, Will Remain Open

Aug. 9 Update: USCIS announced in a news release today that they have cancelled plans to close operations at 7 international field offices: Beijing, Guangzhou, Nairobi, New Delhi, Mexico City, San Salvador, and Guatemala City. The news release calls these operations “cost-effective and high value”: they will continue to “adjudicate complex immigration petitions that require in-person interviews, to enhance integrity through fraud detection and national security activities, and to liaise with U.S. and foreign government entities to improve migration management capacity.” The news release gives no reason for the partial retreat in plans to axe all international offices.

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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)? If you are abroad for 6 months or more per year, you risk “abandoning” your green card. This is especially true after multiple prolonged absences or after a prior warning by a U.S. Customs and Border Protection (CBP) officer at the airport. Continue reading “Green Card Holders Staying Abroad Over 6 Months Risk Abandonment”

Job Opening: Bilingual Paralegal (Shenyang)

Our firm is growing!

The paralegal will work under lawyer supervision to manage all steps of U.S. immigration cases before U.S. Citizenship and Immigration Services, the State Department, and U.S. Customs and Border Protection. This includes nonimmigrant visas (e.g., B, H, L, O), permanent residence (e.g., through family, investment, or employment), and naturalization. Specialized training provided. Continue reading “Job Opening: Bilingual Paralegal (Shenyang)”

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 my study, and it is hard for me to go back to the U.S. just to file the forms. Continue reading “Issues for U.S. Expats Filing a Form I-130, Immigrant Petition for Alien Relative”

What Type of China Birth Certificate Is Required for U.S. Immigration?

If you were born in Mainland China and are applying for a U.S. green card, you will need to submit a China birth certificate. That’s true regardless of whether you are filing a Form I-485, Application to Adjust Status, with USCIS or are applying for an immigrant visa at a U.S. consulate abroad.

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U.S. State Department Appeals to Ninth Circuit a Ruling That Same-Sex Couple’s Child Acquired Citizenship Upon Birth Abroad

Andrew and Elad Dvash-Banks have twin sons, born four minutes apart. The U.S. State Department has maintained that one is a U.S. citizen and one is not. The same-sex couple has been fighting the U.S. government in federal court for citizenship rights for their young child.

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Students and Exchange Visitors Face Harsh New “Unlawful Presence” Rule from Trump Administration

May 3, 2019 Update: The U.S. District Court for the Middle District of North Carolina today issued a nationwide preliminary injunction that temporarily prevents the Department of Homeland Security (DHS) from enforcing the U.S. Citizenship and Immigration Services (USCIS) August 8, 2018 policy memo that sought to change how days of unlawful presence are counted following a violation of F, M, or J nonimmigrant status. The preliminary injunction temporarily halts enforcement of the 2018 policy while the underlying case, Guilford College v. McAleenan, is resolved.

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USCIS Processing of I-751s in Disarray

U.S. Citizenship and Immigration Services’ processing of Forms I-751, Petitions to Remove Conditional Resident Status is in a state of disarray.

Sandra Feist writes for the American Immigration Lawyers Association (AILA) that USCIS has been adding new procedural delays and hurdles to I-751s, like brick after brick in an “invisible wall” making life difficult for spouses of U.S. citizens.

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