SUPREME COURT ALLOWS TRUMP ADMIN TO IMPLEMENT PUBLIC CHARGE RULE

Posted January 27, 2020

In a surprise ruling sure to set immigration lawyers’ hair on fire everywhere, mine included, the Supreme Court today issued a stay of a New York district court’s preliminary injunction against the tough new Public Charge rule that the Trump Administration originally slated for implementation on October 15, 2019.

In other words, the new Public Charge rule may now be implemented by the Department of Homeland Security in all states nationwide except Illinois (don’t ask).  Expect a DHS notice within 24 hours that will provide a date on which the new rule is expected to take effect, likely within 60 days or less, perhaps much sooner.

(Anybody have a fire extinguisher?)

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State Department to Enforce Birth Tourism Rules on Pregnant Visitors

Posted January 23, 2020

The State Department, which operates overseas embassies and consulates and the issuance of U.S. visas, has announced that, effective January 24, 2020, consular officers who interview applicants for visitor visas will make a determination whether female applicants that are pregnant are intending to travel to the United States for the primary purpose of giving birth in the country.  If an interviewing officer finds or has “reason to believe” that the visa applicant intends to give birth in the United States, and that that intention is the applicant’s primary reason for travel to the United States, the consular officer will deny the visa.

Enforcement of this rule will, of course, be tricky and likely to lead to higher denial rates for female visitor visa applicants worldwide, whether pregnant or not.  Visitors with B2 visa status are typically granted a six months entry upon inspection.  Female applicants under the age of 50, whether displaying visible signs of pregnancy or not, are likely to be questioned about private health information and may be requested to disclose medical verification of non-pregnancy.

Stay posted for updates to enforcement of this unusual rule.

 

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Substantial USCIS Fee Increases on the Horizon

Posted November 9, 2019

The Department of Homeland Security, as set forth in a proposed rule to be published November 14, 2019 in the Federal Register, is on course to increase application and petition fees across the board for most U.S. immigration benefits.  The increases are not insignificant.  For example, a bundled application for Adjustment of Status including biometrics and the interim benefits of employment authorization and advance parole (travel during pendency of the application), is set to increase from $1,225 presently to $2,195, an increase of 79%.  Applications for naturalization to U.S. citizenship are set to increase from $640 presently to $1,170, an 83% increase.  Employment petitions on form I-129 are set to rise $200 for H-1B Specialty Occupation petitions and $355 for R-1 Religious Worker petitions, however DHS lack the statutory authority to increase Fraud Detection & Prevention fees, so by comparison, employment-based petition fee increases are marginal compared to family-based benefit and citizenship application increases.

We’re in a decidedly different immigration environment under the Trump Admimsitration.  If you seek family-based immigration assistance or U.S. citizenship, the time to act is now.

 

 

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USCIS Publishes New Declaration of Self-Sufficiency Form I-944

Posted October 10, 2019

With less than one week until USCIS implements the new Public Charge requirements, the agency has finally taken the step of making available online the form I-944 ‘Declaration of Self-Sufficiency’ that will be required of most applicants for Adjustment of Status in the United States.

Predictably, the form requests substantial personal financial information from all applicants and household members who reside with the applicant, such as previous receipt of public benefits, credit scores, personal assets and liabilities, and career and educational background information.  The form is 18 pages in length and requires voluminous supporting documentation be attached so that USCIS can undertake a thorough analysis, on evidence provided by applicants, of that applicant’s liklihood under a ‘totality of circumstances’ to become a Public Charge in the United States.

This is a burdensome new requirement on immigrants, to be sure.  We are in the very early phases of implementation of the new Public Charge rule.  For even seasoned immigration attorneys (such as yours truly) it will take months to discern agency adjudicatory interpretation of the rule, including applicant strengths, weaknesses and critical areas of focus to demonstrate qualification under the new, stricter standard.

Forms I-485 Application to Register Permanent Residence, I-864 Affidavit of Support, I-864A Contract with Household Member and I-539/A Application to Extend/Change Nonimmigrant Status have been updated as well.  All new Affidavit of Support and Adjustment of Status forms, including the I-944 Declaration of Self-Sufficiency, will be required with Adjustment of Status applications filed on or after October 15, 2019.

 

 

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