USCIS has temporarily suspended the Public Charge Rule requirements that dramatically affected most family-based, employment-based green card applications, and applications for change, and extension of status since February 24, 2020.
The Service was enforcing the public charge rule requirements to ensure that the applicants will not become a public charge in the US.
We advise our clients to take advantage of this temporary respite to file their green card applications before the rule is revived later, if ever.
Please contact the attorney by email at law@ncls.com or by phone at 703-534-5588 if you have any questions.

PUBLIC CHARGE RULE SUSPENSION

USCIS has temporarily suspended the Public Charge Rule requirements that dramatically affected most family-based, employment-based green card applications, and applications for change, and extension of status since February 24, 2020. The Service was enforcing the public charge rule requirements to ensure that the applicants will not become a public charge in the US. We advise our clients to take advantage of this temporary respite to file their green card applications before the rule is revived later, if ever. Please contact the attorney…

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USCIS INCREASES FEES

Effective October 2, 2020, the United States Citizenship and Immigration Services (USCIS) is increasing its processing fees for a wide range of immigration petitions and applications. For example, the application fees for filing Form I-130, Petition for Alien Relative will go up from $535 to $560; the Application to Adjust Status or the Green Card Application fees have gone up from $1,140 to $2,270, and applications for Naturalization/Citizenship will be $ $1,170, instead of the current $640. Additionally, the new regulations…

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Take action to protect asylum!

Immigration Justice Campaign has prepared a model comment (https://www.aila.org/takeaction#/82 ) that allows the public to easily and quickly submit a comment opposing the June 15th proposed rule that seeks to make multiple changes to the procedures for asylum, withholding of removal, and protection under CAT. To date, more than 34,000 comments have been submitted to the government on the proposed rule. The government must review and respond to each *unique* comment before finalizing and implementing the rule. Hence, the more…

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Exemptions for nonimmigrant students taking online courses during fall 2020 are removed.

WASHINGTON – The Student and Exchange Visitor Program (SEVP) announced modifications Monday to temporary exemptions for nonimmigrant students taking online classes due to the pandemic for the fall 2020 semester. Temporary exemptions for the fall 2020 semester include: Nonimmigrant F-1 and M-1 students attending schools operating entirely online may not take a full online course load and remain in the United States. The U.S. Department of State will not issue visas to students enrolled in schools and/or programs that are fully online for…

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Unauthorized employment definition – recent developments

We would like to alert our clients that USCIS is taking a new approach to the definition of what constitutes ‘unauthorized employment’ in the United States. Unauthorized employment is any service or labor performed for an employer within or outside the United States by an alien who is not authorized by the INA or USCIS to accept employment or who exceeds the scope or period of the alien’s employment authorization. The term applies to different scenarios including the following: A nonimmigrant…

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New Guidance of State Department on Review and Contest of Nonimmigrant Visa Refusals

The State Department has defined the scope of the jurisdiction of LegalNet (LegalNet@State.gov). LegalNet is an email service provided by the Department of State to attorneys for submitting a request for review for visa denials at US Consulates and Embassies by the Department. Apparently, only visas that are denied based on a misapplication of the law by the officer, and the facts in the case are not in dispute, can be submitted through the email address (LegalNet@State.gov), for a review.…

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Trump Administration to Take Aim at ‘Birth Tourism’ is Expected Change to Visa Guidelines

The Trump Administration is proposing a change in the guidelines for issuing visas at US Consulates and Embassies to women potentially pregnant to end them entering to give birth in the US.  The details of the new law will become public shortly but its practical implementation is yet unknown.  The new law is likely to severely undercut the foreign income received by hospitals assisting in birth.  Attorney Krukova has recently been quoted in news agency RIA Novosti interview which can…

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Trump Weighs Travel Ban Expansion for citizens of Belarus, Kyrgyzstan

President Trump is considering the expansion of his travel ban to citizens of Syria, Yemen, Iran, Libya, Somalia, North Korea, and Venezuela. Countries the President intends to extend the restrictions to are, Belarus, Myanmar (also known as Burma), Eritrea, Kyrgyzstan, Nigeria, Sudan, and Tanzania. The travel ban prevents them from securing US visas abroad. https://www.aila.org/advo-media/news/clips/daily-immigration-news-clips-january-22-2020?utm_source=AILA+Mailing&utm_campaign=f21eeee796-AILA8_01_22_2020&utm_medium=email&utm_term=0_3c0e619096-f21eeee796-291895141

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USCIS to Permanently Close Field Offices in Peru and Germany

USCIS has announced that it will permanently close its field offices in Lima Peru, and Frankfurt, Germany, on January 31, 2020. For more information on all USCIS Field Office closures abroad, please visit the link below: https://www.aila.org/infonet/uscis-to-close-all-international-offices-by-2020?utm_source=AILA+Mailing&utm_campaign=f21eeee796-AILA8_01_22_2020&utm_medium=email&utm_term=0_3c0e619096-f21eeee796-291895141

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USCIS Ends E 1 and E 2 Visa Eligibility for Iranian Nationals

USCIS announced that the 1955 Treaty of Amity, Economic Relations, and Consular Rights with Iran was terminated. Consequently, Iranian nationals do not qualify any more to apply for E-1 and E-2 treaty investor’s visa or extend their current visas. The USCIS intends to send Notices of Intent to Deny (NOID) to all Iranian applicants who filed applications for E-1 or E-2 visas. https://www.aila.org/infonet/uscis-announces-end-of-e-1-and-e-2-visa-iranian?utm_source=AILA+Mailing&utm_campaign=f21eeee796-AILA8_01_22_2020&utm_medium=email&utm_term=0_3c0e619096-f21eeee796-291895141

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