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Visa Lawyer Blog

Articles Posted in Family Visas

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We have great news for our readers regarding a recent court’s decision to temporarily halt the “public charge” rule during the Coronavirus pandemic. On Wednesday, July 29, a federal judge in the state of New York issued a ruling that blocks the government’s enforcement of the “public charge” rule on non-citizens seeking permanent residency in the United States, and nonimmigrant visa applicants alike, for as long as the coronavirus pandemic remains a public health emergency. The ruling was made in response to a federal lawsuit filed by several states against the government entitled, U.S. District Court for the Southern District of New York (SDNY) in State of New York, et al. v. DHS, et al. and Make the Road NY et al. v. Cuccinelli, et al.

What does this mean for visa and adjustment of status applicants?

Federal Judge George Daniels has approved a nationwide injunction, immediately stopping the government from “enforcing, applying, implementing, or treating,” as effective the “public charge” rule for any period during which there is a declared national health emergency in response to the COVID-19 outbreak.

This means that effective June 29th both consular officers and USCIS immigration officials cannot enforce any part of the “public charge” rule for as long as the injunction remains and place, and a national public health emergency exists.

Why did the judge make this ruling?

The judge agreed with the states of New York, Connecticut, and Vermont that the “public charge” rule would cause irreparable harm on non-citizens seeking entry to the United States because the rule discourages such individuals from obtaining the necessary treatment and care needed during the Coronavirus pandemic. The judge considered the “substantial harm” the public would suffer if the government continued to enforce the “public charge” rule and found that the temporarily injunction was necessary to allow non-citizens to obtain much needed public benefits for preservation of the public’s health and safety.

In defense of his opinion, the judge stated, “no person should hesitate to seek medical care, nor should they endure punishment or penalty if they seek temporary financial aid as a result of the pandemic’s impact.”

The judge further stated in his ruling that the continued application of the “public charge” rule during the global pandemic, “would only contribute to the spread of COVID-19 in our communities.”

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During the past year, the United States Citizenship and Immigration Services (USCIS) has been facing a financial crisis caused by the coronavirus pandemic.

As early as May of this year, a USCIS spokesperson informed the United States government that it needed a cash bailout of $1.2 billion by summertime in order to meet its operational costs. The agency found that fewer and fewer applicants were filing applications and petitions with USCIS which created a massive revenue shortfall for the agency.

To keep itself afloat, the agency said it would be preparing to increase filing fees for certain types of applications and petitions.

Today, the Department of Homeland Security officially announced a final rule that will be posted in the Federal Register on August 3rd that will increase filing fees for certain types of immigration benefits.

The final rule will become effective 60 days from August 3rd – the date of publication which falls on October 2, 2020.

That means that applications postmarked on or after October 2, 2020 with incorrect fees will be rejected by USCIS.

MOST IMPACTED APPLICATIONS AND PETITIONS

The following types of immigration requests are the most impacted with significant price increases:

  • I-929 Petition for Qualifying Family Member of a U-1 Nonimmigrant

Current Fee: $230

Final Fee: $1,485 (Increase of 546%)

  • I-881 Application for Suspension of Deportation or Special Rule Cancellation of Removal

Current Fee: $285

Final Fee: $1,810 (Increase of 535%)

  • I-193 Application for Waiver of Passport and/or Visa

Current Fee: $585

Final Fee: $2,790 (Increase of 377%)

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Great news! The Department of State has released the visa bulletin for August 2020 outlining the availability of immigrant visa numbers for the upcoming month.

NOTE: Adjustment of Status Filing Charts August 2020

For Family-Sponsored Filings:
In the F2A category, there is a cutoff date on the Dates for Filing chart.  However, the category is “current” on the Final Action Dates chart.  This means that applicants in the F2A category may file using the Final Action Dates chart for August 2020.

For all the other family-sponsored preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for August 2020.

For Employment-Based Preference Filings:
For all employment-based preference categories, you must use the Final Action Dates chart in the Department of State Visa Bulletin for August 2020.

August Visa Bulletin Cutoff Dates

Employment Based Categories

According to the Department of State’s August Visa Bulletin, the following cutoff dates will apply for the issuance of an immigrant visa for employment-based categories:

  • EB-1: All countries remain current during the month of August except for China and India. EB-1 China will advance by almost six months to February 8, 2018, while EB-1 India will advance by nine months to February 8, 2018.
  • EB-2: All countries except EB-2 China and India remain current. EB-2 China will advance by more than two months to January 15, 2016, and EB-2 India will remain at July 8, 2009.
  • EB-3 Professional and Skilled Workers: All countries except EB-3 India and China will advance by almost a full year to April 1, 2019. Cutoff dates for EB-3 China will advance by almost 8 months to February 15, 2017, and for India by four months to October 1, 2009.
  • EB-5: EB-5 India will remain current, joining all other countries except for EB-5 China and Vietnam.  China’s cutoff date will advance by two weeks to August 8, 2015, while Vietnam’s cutoff date will advance by more than two months to July 22, 2017

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In this post we will share with our readers what we know is happening locally with the scheduling of interviews at the San Diego Field Office and oath ceremonies. Please keep in mind that we do not have information about other Field Offices at this time.

Oath Ceremonies

The San Diego Field office will prioritize the scheduling of oath ceremonies in the month of June. These ceremonies will be “drive thru” ceremonies to ensure the health and safety of participants. These ceremonies will take place at two locations that are offsite from the San Diego field office at the Cabrillo National Monument and the City of El Cajon parking lot adjacent to the police department. El Cajon will schedule ceremonies more frequently. Start and end times have not yet been provided for these ceremonies.

We have received information that judges will be present at both oath ceremony locations to address name change issues for participants.

When will the San Diego Field Office open to the public?

The San Diego Field Office will not officially open to the public for interviews until June 21st. However, we have received information that the office is more likely to open to the public in July for interviews. The San Diego Field Office will continue to be open for urgent cases and emergency appointments.

How will the procedure change once offices reopen?

Social distancing procedures will be put in place including installation of plexiglass to separate the interviewing officer from applicants, lines demarcating social distancing, and face mask coverings required to enter the building. The amount of people allowed in the facility will be reduced to comply with social distancing requirements. The San Diego Field Office is exploring extending work hours to allow more interviews to take place. Interviews will take place in person; no remote interviews will be allowed.

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We have received an outpouring of emails, comments, and messages from our loyal followers asking when Consular posts and Embassies worldwide will reopen. We understand the frustration that our readers feel and sympathize with the world situation.

While USCIS has announced that in person appointments will resume on June 4th, the Department of State has not yet released any updates regarding procedures for reopening Consulates and Embassies nationwide. Given that the pandemic is a fluid situation and travel restrictions vary from country to country, each Consulate and Embassy will reopen for in person services at a different pace.

For the moment, emergency consular services continue to be available and appointments can be scheduled for emergency related issues by contacting the US Consulate or Embassy directly. Click here for a complete list of US Consulate and Embassies including their contact information.

Outside of emergency services, the vast majority of consulates and embassies will continue to remain closed for in-person appointments for the time being. Most consulates and embassies have provided the following message on their webpage regarding availability of visa appointments:

We will resume routine visa services as soon as possible but are unable to provide a specific date at this time. The MRV fee is valid and may be used for a visa application in the country where it was purchased within one year of the date of payment. If you have an urgent matter and need to travel immediately, please follow the guidance provided at https://ais.usvisa-info.com/ to request an emergency appointment or contact AIS by phone by dialing the local number: +374 60 465 986. If calling from the U.S. dial +1-703-520-2525 or contact by email weeac_contactus+gb+info+en@visaops.net to request an emergency appointment.

You can find the local AIS number by clicking on your country on the AIS website then scrolling to the bottom of the website and clicking on “Contact Us” under the “Help” section.

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The economic fallout of the coronavirus pandemic has been felt by nearly all sectors of the economy, but perhaps the most unexpected victim has been the United States Citizenship and Immigration Services (USCIS).

Unlike many other government agencies, USCIS does not depend on government funding to survive. Instead, the agency primarily relies on fees, charged to applicants and petitioners applying for immigration benefits, to remain in operation.

A spokesman for the agency recently revealed that the agency is strapped for cash. Americans nationwide have had to cut back on spending during this coronavirus pandemic, leaving little money to spare on the very expensive filing fees required for various types of immigration benefits, such as citizenship and green card applications. The agency is in such a precarious position that it has now asked the United States government for a $1.2 billion bailout to remain in operation.

USCIS has said that its revenue could plummet by more than 60 percent by the end of the fiscal year which ends on September 30, 2020. If the agency does not receive additional funding from the government, it will run out of money by the summertime.

In anticipation of its decreased revenue, USCIS is preparing to take drastic measures to stay afloat, such as adding a 10 percent “surcharge” to applications, on top of proposed filing fee increases. These additional fees could be imposed within the coming months.

Of course, an increase in fees is bad news for non-citizens who are already struggling to make ends meet.

Many have blamed President Trump’s restrictive policies on immigration for the decrease in revenue. The President’s most recent proclamations coupled with his restrictive immigration policies have made it more difficult for immigrants and non-immigrants alike to obtain immigration benefits. These policies have been designed to discourage foreign nationals from seeking immigration benefits because of the high rate of visa denials. In addition, the most recent proclamation has kept consular immigration at a standstill.

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President Signs New Bill Authorizing Additional Funding for PPP

Last week President Trump signed a new bill into law that provides an additional $310 billion in aid to small business owners that will be funneled into the Paycheck Protection Program (PPP) and the Economic Injury Disaster Loan program (EIDL) administered by the United States Small Business Administration (SBA).

As a recap, the PPP and EIDL was first introduced by the CARES Act (Coronavirus Aid, Relief, and Economic Security Act) to help small businesses keep workers on their payroll.

Out of the $310 additional funding, $60 billion will go toward the EIDL program, $250 billion will go toward PPP loans, and $60 billion will be set aside for community banks and community development financial institutions (CDFIs).

Additional funding was required because the first round of $349 billion in aid ran out after just a few weeks of the program being put into effect.

Small business owners who are still need of funds to help pay their company’s payroll costs should take advantage of the additional funding as soon as possible. Intense demand remains high for these forgivable-low interest loans, and funding will dry up quickly.

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It’s been just a few days since President Trump signed his long awaited executive order entitled, “Proclamation Suspending the Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak,” and already it is being challenged in federal court.

On April 25, 2020, the first of what is sure to be many lawsuits, Doe v. Trump, was filed in the United States District Court for the District of Oregon challenging the President’s new executive order.

The lawsuit was filed by several individuals and the organization Latino Network against President Trump and the federal government.

Plaintiffs in this case have filed an emergency motion for a temporary restraining order to block the government from enforcing the new executive order, because the executive order does not contain exceptions that preserve the opportunity to request urgent or emergency services for immigrant visa applicants, including for children of immigrants who are at risk of aging out of their current visa eligibility status “by the simple passage of time.”

The lawsuit is concerned specifically with children who are in danger of aging out of their place in the visa queue because they do not have access to emergency services that would have otherwise been available had the proclamation not been issued.

“Without access to such emergency services, children whose underage preference relative status will result in unnecessary and prolonged family separation “for years—or even decades,” the lawsuit says.

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The long-awaited Executive Order temporarily suspending the immigration of certain aliens into the United States has been released.

WHO IS IMPACTED BY THE EXECUTIVE ORDER?

The order entitled, “Proclamation Suspending the Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak,” suspends and limits the entry of the following types of aliens (for a 60-day period) beginning 11:59 p.m. eastern daylight time on April 23, 2020.

Your entry is suspended and limited if all of the following are true:

THREE PART TEST

  • You are an alien outside of the United States on the effective date of the Proclamation (April 23rd)
  • You are an alien that does not have an immigrant visa that is valid on the effective date of the Proclamation (April 23rd) and
  • You are an alien that does not have an official travel document other than a visa on the effective date of the proclamation (April 23rd) or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission
    • Official travel documents include a transportation letter, an appropriate boarding foil, or advance parole document.

ENFORCEMENT

This Proclamation shall be enforced by U.S. Consulates worldwide at their discretion giving them the power to determine whether an immigrant has established his or her eligibility and is otherwise exempted from the Proclamation. The Department of State will implement the proclamation as it applies to immigrant visas, at the discretion of the Secretary of State in consultation with the Secretary of Homeland Security.

The Department of State governs the immigration process outside of the United States, while the Department of Homeland Security governs the immigration process within the United States and guides the United States Citizenship and Immigration Services (USCIS).

WHO IS EXEMPT FROM THE EXECUTIVE ORDER?

The order expressly exempts:

  • Lawful Permanent Residents of the U.S.
  • Aliens who are the spouses of U.S. Citizens
  • Members of the U.S. Armed Forces and any spouse and child of a member of the U.S. Armed Forces
  • Aliens under 21 years of age who are children of United States Citizens and prospective adoptees
  • Aliens seeking to enter the U.S. on an immigrant visa as a physician, nurse, or other healthcare professional
  • Aliens seeking to enter the U.S. to perform medical research or other research intended to combat the spread of COVID-19
  • Any spouse any unmarried child under 21 years of age of any such alien who is accompanying or following to join the alien
  • Any alien applying for a visa pursuant to the EB-5 Immigrant Investor Program
  • Aliens whose entry furthers important United States law enforcement objectives
  • Any alien seeking entry pursuant to a Special Immigrant Visa in the SI or SQ classification, and any spouse and child of any such individual
    • SI: Certain aliens employed by the U.S. Government in Iraq or Afghanistan as translators or interpreters
    • SQ: Certain Iraqis or Afghans employed by or on behalf of the U.S. Government
  • Any alien whose entry would be in the national interest of the United States (national interest waivers)
  • Aliens seeking entry for asylum, refugee status, withholding of removal, or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

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In this post, we bring you a late-breaking update regarding the President’s recent tweet announcing the temporary suspension of immigration into the United States by executive order.

While the President has not yet signed the executive order suspending immigration, in a press briefing held today, reporters had the opportunity to ask President Trump who will be most affected by his suspension.

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