On May 14, President Biden revoked former President Trump’s proclamation requiring that immigrant visa applicants buy health insurance. Proclamation 9945 had never gone into effect because it was tied up in litigation. Plaintiffs in Doe vs. Trump that the proclamation was an unlawful exercise of power reserved for Congress. It would have required immigrant visa… Continue reading Biden Revokes Trump’s Health Insurance Requirement for Immigrant Visa Applicants
The State Department has just announced an exception to the COVID-related visa and entry ban for persons present in China. Namely, applicants for F-1 student visas and J-1 exchange visitor visas for academic programs will qualify for a “national interest exception” (NIE) to the ban, so they may be issued visas and enter the United… Continue reading Students and Academics in China Exempted from COVID-Related U.S. Visa and Entry Ban
The Secretary of State has opened up cracks in the the entry bans for foreign nationals who have been in China, Iran, Schengen Area, United Kingdom, Ireland, Brazil, or South Africa within 14 days of applying for a visa or seeking entry to the United States. These entry bans were created by Presidential Proclamations 9984… Continue reading State Dep’t Creates National Interest Exceptions for Regional COVID Entry Bans
Trump’s USCIS public charge rule is dead, and his State Department public charge rule is at death’s door. Here’s the latest announcement, dated Mar. 26, 2021, from the State Department: On July 29, 2020, the United States District Court for the Southern District of New York enjoined the Department of State from “enforcing, applying, implementing,… Continue reading State Dep’t Update on Public Charge
It’s time to celebrate! USCIS has stopped applying the Trump administration’s 2019 public charge rule, also known as the “wealth test.” As background information, the United States has long refused to admit foreign nationals who are likely to become a “public charge.” According to 1999 Interim Field Guidance, a public charge was defined as a… Continue reading USCIS Stops Applying Trump’s 2019 Public Charge Rule
USCIS lockbox delays are the topic of a Mar. 10 update to the agency’s COVID-19 webpage: “As a result of COVID-19 restrictions, an increase in filings, current postal service volume and other external factors, you may experience a delay of four to six weeks in receiving your receipt notice after properly filing an application or… Continue reading USCIS Lockbox Delays
DHS has released the below statement that it will no longer pursue appellate review of judicial decisions invalidating or enjoining the Trump administration’s 2019 public charge rule. Once the judicial invalidation of the 2019 rule becomes final, the 1999 interim field guidance on public charge will apply. This is fantastic news, but it does not… Continue reading DHS to Stop Defending Trump’s Public Charge Rule in Court
On February 24, 2021, President Biden rescinded Presidential Proclamation 10014, which prohibited the entry of certain immigrants into the United States due to possible harm to economic interests due to the COVID-19 pandemic. Biden asserts that the ban “harms the United States, including by preventing certain family members of United States citizens and lawful permanent residents from… Continue reading Biden Rescinds Presidential Proclamation 10014, Which Prohibited Entry of Immigrants Who Are “Risk” to Labor Market
On Feb. 22, USCIS announced it is rolling back Trump-era changes to the civics test for naturalization applicants. The purpose of the civics test is for a naturalization applicant to demonstrate knowledge and understanding of the fundamentals of the history, and of the principles and form of government, of the United States. As background, on… Continue reading USCIS Rolls Back Trump-Era Civics Test Changes for Naturalization Applicants
Contents1. Introduction2. Requirements for Naturalization2.1 Age2.2 Lawfully Admitted for Permanent Residence2.3 Continuous Residence in the U.S. after Becoming a Lawful Permanent ResidentThe General RuleEarly FilingAbsence for a Continuous Period of One Year or MoreAbsence for a Continuous Period of Between Six Months and One YearAbsence for a Continuous Period Shorter Than Six MonthsAfter a Break… Continue reading Guide to Naturalization in the United States
Welcome to the Affidavit of Support Help Center. If you feel that you need some help with the Form I-864, Affidavit of Support, you are not alone. Technical errors with the Form I-864 are among the most common reasons for denial of permanent residence applications.
The Immigration and Nationality Act provides that a foreign national who is likely at any time in the future to become a “public charge” is inadmissible. The public charge ground of inadmissibility has existed in some form since at least 1882. The underlying public policy is that, generally, foreign nationals in the U.S. should rely… Continue reading Will Biden Dump Trump’s Public Charge Rule?
On January 25, 2021, President Biden signed a proclamation continuing the suspension of entry of certain travelers from the Schengen Area, the United Kingdom, the Republic of Ireland, Brazil, China, and Iran, and expanding restrictions to include travelers from South Africa. U.S. citizens and lawful permanent residents are not subject to the proclamations. The full… Continue reading Biden Proclamation Continues COVID-Related Entry Suspensions
On Jan. 20, his first day in office, President Biden issued a Presidential Proclamation revoking the travel ban on Muslim-majority countries first put into place by President Trump in 2017. Biden’s proclamation orders the State Department to resume visa processing and to put into place a plan for (a) adjudicating visa applications by persons who… Continue reading Biden Lifts the Travel Ban on Muslim-Majority Countries
In a December 29, 2020 Stakeholder Message, U.S. Citizenship and Immigration Services (USCIS) provided an update on biometrics appointment delays at Application Support Centers (ASCs) due to COVID-19. USCIS collects biometrics for certain kinds of applications, including but not limited to: Form I-485, Application to Adjust Status Form I-131, Application for Travel Document (including reentry permit)… Continue reading USCIS Update: Biometrics Appointment Delays
Dec. 29, 2020 Update Yesterday, the government filed a motion for voluntary dismissal of its appeal to the U.S. Court of Appeals for the Ninth Circuit in Immigrant Legal Resource Center et al., v. Wolf, et al., a legal challenge to the USCIS final rule from Aug. 20, which increased filing fees and required new versions of… Continue reading USCIS Filing Fees Update: Gov’t Withdraws 9th Circuit Appeal
Under U.S. immigration law, there is an annual quota on the number of persons who may be granted lawful permanent resident (LPR) status in any category. The monthly Visa Bulletin explains to whom an immigrant visa number is immediately available.
If a consular officer denies a visa application, there is no appeal. Still, there may be several ways to challenge a visa denial, such as requesting reconsideration, supervisorial review, or an advisory opinion, or resubmitting the application. If a visa denial cannot be overcome, it may be possible to request a “waiver.” A waiver is somewhat analogous to a pardon in criminal law, in that a waiver forgives an ineligibility, allowing visa issuance.
Both U.S. citizens and lawful permanent residents (also known as LPRs or green card holders) can petition for family members to immigrate.
On Dec. 2, the State Department issued new restrictions on B1/B2 (visitor for business or leisure) visas for members of the Chinese Communist Party (CCP) and their families. While other Chinese citizens may obtain multiple-entry visas valid for entry within 10 years, under a 2014 reciprocal agreement between Presidents Obama and Xi Jinping, CCP members… Continue reading State Dep’t Limits B (Visitor) Visa Validity for Communist Party Members