The Department of Homeland Security has issued proposed rule changes that will significantly expand requirements under INA §212 for immigrants and nonimmigrants to demonstrate that they have not in the past, and are not likely in the future, to receive public benefits.  The new proposed rules will be published in the Federal Register and then opened for a 60-day public comment period before implementation.

The new rules will directly impact the Affidavit of Support requirement (forms I-134 and I-864) under INA §213A.  Of particular importance is the creation of a subjective ‘totality of circumstances’ test, in addition to new paperwork requirements demonstrating income self-sufficiency, that will very likely translate into increased denial rates for immigrant visas, certain nonimmigrant visas (including student and fiance visas), requests for extensions and changes of nonimmigrant status, and adjustments of status.

The prop0sed rule changes can be read here.  Check back for updates as the immigration legal community works to understand and explain these burdensome new changes on the horizon.

Same Sex Marriage Immigration is Here

Posted September 12, 2013

I-130 petitions for formerly excluded same-sex spouses are being accepted by USCIS and adjudications proceeding, with accompanying eligibility for adjustment of status or consular processing. per SCOTUS’s recent DOMA slapdown.  The State Department is working out rules for consular issuance of immigrant visas and fiance visas abroad.  For I-130 eligibility, marriage certificates must be issued from one of the 13+ issuing states ( http://www.freedomtomarry.org/states/) and domicile at filing should be within the 13+, though exceptions are reviewed for employment-based circumstances.  Conditional residence applies for those married less than two years as of date of admission as a permanent resident.  Naturalization eligibility flows three years later for couples that demonstrate bona fides.  Contact us for insight and assistance.  (415) 845-9122