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Getting Unemployment Benefits if You Are An Immigrant
During these uncertain times, many people are facing economic hardship due to layoffs or furloughs. A question I have been getting lately is if a person can apply for unemployment benefits if a person does not have any legal status; if a person is not a green card holder but holds a valid work permit; if a person is a green card holder; or if a person is an H-1B holder. The general rule is that getting uemployment will not be considered a public benefit that would affect a person’s ability to get a green card. The Department of Homeland Security has explained in its final rule on inadmissibility on public…
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Most USCIS Field Offices to Resume Services on June 4, 2020
As the USCIS field offices begin to resume services again, they will be reducing the number of appointments and interviews to make sure they are following the proper social distancing guidelines, to allow time for cleaning, and to reduce the number of people in the waiting area. Appointment notices will also have the information that visitors to USCIS must follow. USCIS has stated that if you are feeling sick, you should not go to the appointment. There will be no penalty for rescheduling if the reason is because you are sick. Asylum Offices USCIS asylum offices will automatically reschedule asylum interviews that were canceled during the temporary closures, and new…
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President Trump Signs Executive Order Banning Entry of Certain Individuals Into the U.S. Amid COVID-19 Outbreak
*UPDATE* On December 31, 2020, a proclamation was issued that extends this ban until March 31, 2021. On April 22, 2020, The president’s proclamation was signed that will temporarily not allow certain people to come to the U.S. for at least 60 days, but it can be extended if needed. This applies to people who are NOT in the U.S., do not have an immigrant visa that was effective on 4/22/2020, and do not have any official travel documents other than a visa that was effective 4/22/2020. An example of this would be a person who is a green card holder and has petitioned for a spouse or child, that…
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Changes to the U.S. Immigration System During COVID-19 Pandemic
The term “social distance” is a term we are seeing everywhere now. Most of us have never experienced what we are experiencing now in the world and understandably many are scared, anxious, and nervous. I cannot think of one industry that has not been affected by this. Below is a summary of how our U.S. immigration agencies, systems, and procedures have been impacted. This is a rapidly changing situation so I will continue to monitor it. As of March 18, 2020, U.S. Citizenship and Immigration Services (USCIS) has put a hold on routine in-person services at least until May 3, 2020, to help slow the spread. These in-person services include…
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March 2020 Visa Bulletin
The U.S. Department of State publishes a visa bulletin every month that shows where they are in the process of issuing green cards. This bulletin allows people to see how long it could be before a visa becomes available for them to be able to apply for their green cards. Below is the March 2020 visa bulletin. You can also click here to see it. FAMILY-SPONSORED PREFERENCES Final Action Dates Dates for Filing Family-Sponsored Visa Applications EMPLOYMENT-BASED PREFERENCES Final Action Dates Dates for Filing of Employment-Based Visa Applications The reason that this bulletin exists is that there is a cap on the number of green cards that are issued each…
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The Coronavirus (COVID-19) and the Impact on U.S. Immigration
The coronavirus has been a top news story for the past several weeks, and it has had an impact on many things such as travel, people buying supplies in anticipation of having to be quarantined that would keep them from work and school, shortage of masks, the impact on the economy, and many more things. It has also had an impact on U.S. immigration. This week, the local Seattle USCIS office (U.S. Citizenship and Immigration Services) closed because an employee had visited a family member at the Life Care Facility in Kirkland, WA, where there was a coronavirus outbreak. That closure affects cases that are being processed at that office…
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Important Information on the Public Charge Rule Effective 2/24/2020
On January 27, 2020, the U.S. Supreme Court ruled that it would allow the public charge rule that was supposed to go into effect on October 11, 2019, but was stopped, to now go into effect. USCIS recently issued a news alert stating that it would start implementing this rule on February 24, 2020. Any files that are postmarked on or after February 24, 2020, will be subject to this rule. I had written blog post about this last year when it was set to go into effect on October 14, 2019. See my blog post here where I discussed this public charge rule, and what applicants applying for green…
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What You Need to Know About the New H-1B Registration System that Will Take Effect for the Upcoming H-1B Season
On December 6, 2019, USCIS announced that they will be implementing the H-1B registration system that requires employers to register who want to file cap-subject petitions for the fiscal year 2021. The filing period for H-1B petitions will begin on April 1, 2020, for FY 2021. It is anticipated that USCIS will use its myUSCIS online portal for this registration process. From what we know so far, the employer would need to provide the following information when registering: Legal business name The Doing Business As name, if applicable Employer EIN Primary U.S. office location address Legal name, title, and contact information of the authorized signatory For the prospective H-1B employee,…
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The U.S. Supreme Court Will Determine the Fate of DACA With A Decision By June 2020
Yesterday, the U.S. Supreme Court heard arguments about whether or not the DACA program should remain in place. California, with the largest number of DACA recipients, was a leading player in the legal battle in support of the DACA program. After yesterday’s arguments, it is likely that the Court will lean toward ending the program based on the conservative majority of the court. You can read more about it in this New York Times article here. Many DACA recipients are wondering what will happen next. A decision on this case will likely be released in June 2020. Until then, DACA recipients can apply for renewals. However, those who have never…
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What You Should Know About Adding Beneficiaries for the Fiancé(e) Visa
If you are a U.S. citizen, there are two ways you can bring your significant other to the U.S. to get a green card (AKA lawful permanent residency). You can read more about the difference in a blog post I had written by clicking here. In this post, I am going to talk about adding beneficiaries to a fiancé(e) visa. For a child to be included as a beneficiary and to get a K-2 visa, and eventually, a green card, under his or her parent’s fiance(e) visa petition, the child must under 21 years old and unmarried. Some people confuse this and think that in order for a child to…
