Family-Based

Public Charge Final Rule

/

Public Charge Final Rule (February 7, 2020)

UPDATE: As of February 24, 2020, the public charge rule has been implemented nationwide after the Supreme Court stayed the limited state-wide injunction in Illinois against the Department of Homeland Security.  At the same time, the Department of State also began implementing its amended public charge rule, and visa applicants from abroad should prepare Form DS-5540 ahead of their visa interview in case the consular officer requests it.

Under the Final Rule, the Department of Homeland Security (“DHS”) that oversees USCIS is determining whether an individual already in the United States is “likely at any time to become a public charge,” in other words, more likely than not at any time in the future to receive one or more of the designated public benefits for more than 12 months within any 36-month period. Inadmissibility will be determined by looking at the factors established in 8 CFR 212.22.

Public Charge Final Rule Read More »

Public Charge Updates in 2019

/

Public Charge Updates in 2019 (February 7, 2019)

One of the key inquiries made by the United States Citizen and Immigration Services (USCIS) when deciding to grant or deny a nonimmigrant visa or permanent residency is whether an applicant will likely be or become a public charge. A public charge is an individual that will heavily rely on the federal government for assistance. For the purposes of this article, we will focus on public charge analysis as applicable to an applicant for U.S. permanent residency.

Public Charge Updates in 2019 Read More »

Financial Sponsorship Requirements in Family Based Immigration

/

Financial Sponsorship Requirements in Family Based Immigration (April 10, 2017)

Family sponsorship is one of the most common ways a foreign national can become a permanent resident, or receive a Green Card.  The United States allows U.S. citizens or permanent residents to sponsor family members that include children, parents, spouses and siblings – and bring them into the country.

Financial Sponsorship Requirements in Family Based Immigration Read More »

An Introduction to Hardship Waivers

/

An Introduction to Hardship Waivers (April 26, 2016)

A person may be found to be inadmissible to the United States for many different reasons.  These include three- and ten-year bars for unlawful presence; crimes involving moral turpitude (CIMTs); prostitution; simple possession of less than thirty grams of marijuana; certain medical inadmissibility; and misrepresentation. To overcome such an inadmissibility, an I-601 Waiver will need to be filed.  The primary basis to qualify for an I-601 Waiver is to show “extreme hardship” to a qualifying relative, i.e. a U.S. citizen or permanent resident spouse, parent or minor child.  Inadmissibility might be waived if the applicant can prove their relative will face extreme hardship in the United States without their presence. Conversely, the applicant can demonstrate their relative will suffer extreme hardship should their relative follow them back to their homeland.

An Introduction to Hardship Waivers Read More »

Update on DAPA and Expanded DACA

/

Update on DAPA and Expanded DACA (July 1, 2015)

In November of last year, President Obama announced a series of immigration policy changes.  Many of the changes, relating primarily to employment-based immigration, were uncontroversial and are going forward as planned.  For example, the administrative process for granting permanent residency (“green cards”) for certain workers is being streamlined to avoid backlogs in processing these applications.  In addition, the President directed USCIS (United States Citizenship and Immigration Services) to issue a memorandum clarifying what types of “specialized knowledge” applicants for L-1B nonimmigrant petitioners need to demonstrate. Two of the provisions announced in November have met significant opposition.

Update on DAPA and Expanded DACA Read More »

Same-Sex Marriage and Immigration

/

Same-Sex Marriage and Immigration (June 16, 2015)

Like many areas of law, immigration is dynamic.  U.S. Citizenship and Immigration Services (USCIS) monitors relevant case law and makes changes to immigration policy accordingly.  Same-sex couples have made significant legal strides in the past decade, and these victories are reflected in current USCIS policy.  It is crucial that anyone with immigration issues who is in a same-sex relationship finds an attorney who understands how LGBT (lesbian, gay, bisexual, and transgender) immigrants and their partners are affected by new regulations and procedures.

Same-Sex Marriage and Immigration Read More »

Green Card Through Marriage

/

Green Card Through Marriage (May 26, 2015)

When a United States Citizen (USC) or Lawful Permanent Resident (LPR) marries a resident of another country, the foreign spouse can typically receive a Green Card, granting him or her permanent U.S. residence. In order for the foreign spouse to receive LPR status, the couple must follow the proper procedures, and the foreign spouse must meet certain qualifications. Obtaining a visa and LPR status through marriage has great advantages, one being the absence of statutory limitations (or caps) on the number of these visas that will be issued to immediate relatives each year. Immediate relatives are the spouses, parents and unmarried children under the age of 21 of U.S. citizens. A spouse of a LPR and any unmarried children under the age of 21 are subject to the annual visa cap and may qualify for a Green Card once a visa becomes available to them in the family-based second preference group.

Green Card Through Marriage Read More »