US Embassies/Consulates prioritize immigrant visa interviews

DOS announced U.S. embassies and consulates are using a tiered approach to triage immigrant visa applications and to address the backlog in the processing of immigrant visas. DOS identified four priority tiers listing the main categories of immigrant visas in each:

·        Tier One: Immediate relative intercountry adoption visas, age-out cases (cases where the applicant will soon no longer qualify due to their age), and certain Special Immigrant Visas (SQ and SI for Afghan and Iraqi nationals working with the U.S. government)

·        Tier Two: Immediate relative visas; fiancé(e) visas; and returning resident visas

·        Tier Three: Family preference immigrant visas and SE Special Immigrant Visas for certain employees of the U.S. government abroad

·        Tier Four: All other immigrant visas, including employment preference and diversity visas

Per DOS, “consular sections, where possible, are scheduling some appointments within all four priority tiers every month.”

Old citizenship test will come back

Effective March 1, 2021, USCIS will administer the 2008 civics test to naturalization applicants. Those who filed for naturalization before December 1, 2020, or who will file on or after March 1, 2021, will take the 2008 version of the test. Naturalization applicants who filed on or after December 1, 2020, and before March 1, 2021, will be given the option to take either the 2020 or the 2008 version.

It appears one by one tougher immigration policies or enforcement measures are being abolished by the new administration.

Trump Administration’s new H1 rules have been set aside by a federal judge

The U.S District Court, Northern District of California, in the matter of Chamber of Commerce v. DHS, has set aside the interim rule by the Department of Labor increasing the H-1B wages.

The court also set aside the DHS regulations that were set to take effect on December 8, 2020, wherein the DHS is revising the regulatory definition of and standards for a “specialty occupation” and revising the definition of “United States employer”; and limiting the validity period for third-party placement petitions to a maximum of 1 year.

ICE arrests 15 nonimmigrant students for OPT-related fraud

U.S. Immigration and Customs Enforcement (ICE) announced Wednesday preliminary results from Operation OPTical Illusion, a law enforcement operation targeting nonimmigrant students who fraudulently used the Optional Practical Training (OPT) program to remain in the United States.

The 15 arrests took place in and around Boston, MA; the Washington, DC area; Houston, TX; Ft. Lauderdale, FL; Newark, NJ; Nashville, TN; as well as Pittsburgh and Harrisburg, PA, and none of them are from China. Its just a matter of time that Chinese students who fraudulently obtained OPT status would face harsh immigration arrest and deportation.

New Rule prohibiting asylum effective 10/21/2020

The new bars apply to aliens who are convicted of:

(1) A felony under federal or state law;

(2) An offense under 8 U.S.C. § 1324(a)(1)(A) or § 1324(a)(1)(2) (Alien Smuggling or Harboring);

(3) An offense under 8 U.S.C. § 1326 (Illegal Reentry);

(4) A federal, state, tribal, or local crime involving criminal street gang activity;

(5) Certain federal, state, tribal, or local offenses concerning the operation of a motor vehicle while under the influence of an intoxicant;

(6) A federal, state, tribal, or local domestic violence offense, or who are found by an adjudicator to have engaged in acts of battery or extreme cruelty in a domestic context, even if no conviction resulted; and

(7) Certain misdemeanors under federal or state law for offenses related to false identification; the unlawful receipt of public benefits from a federal, state, tribal, or local entity; or the possession or trafficking of a controlled substance or controlled-substance paraphernalia.

Aliens who have committed certain domestic violence offenses, even if not convicted, will also be barred from asylum.

PLease consult with a competent immigration lawyer before filing for asylum if you have criminal records anywhere in the world.

To make an appointment, please go to our website to pay a $200 consultation fee first(you may also pay by Zelle(justin@lawbw.com) or by PayPal(justin@lawbw,.com).  We can discuss your case the same day you paid the consultation fee.

New rules significantly limits asylum seekers chance to get or renew EAD

Starting from August 25, 2020, a set of new rules aiming at restrict asylum seekers eligibility to receive or renew employment authorization(EAD) took effect.

Highlights of the new rules:

1. After 8/25/2020, asylum applicants must wait for 365 days after they properly filed their I-589 to request EAD(previously it required only 150 days to apply);

2. applicant who entered the US illegally(enter without inspection) on or after 8/25/2020, unless they turn themselves within 48 hours of the entry to the DHS seeking asylum, they are not eligible for EAD.

3.  During the 365 waiting time, if an applicant caused delay of the adjudication of the application, they cannot be approved for EAD.  The delay includes a request to change the case to another asylum office due to address change; failed to appear for interview; failed to provide evidence; a request to amend or supplement an asylum application; failure to provide a competent interpreter; a request to reschedule, etc.

4.  If the immigration judge denies asylum, unless a timely appeal is filed, EAD will automatically terminate;

  5. If the Board of Immigration Appeal(BIA) affirms the denial of the asylum, EAD will terminate on the same date.  

6.  EAD is not permitted during the federal appeals court review, unless the petition for review is granted or the case is remanded to the BIA.

7.  Many criminal convictions, or sometimes even without conviction ("there are serious reasons for believing that you on or after 8/25/2020 have committed a serious non-political crime outside of the United States"), if occured on or after 8/25/2020, may cause the denial of EAD application.

In sum, asylum applicants must wait for much longer to apply for EAD and there are many reasons that an applicant may never receive an EAD.

We urge ALL asylum applicants to be very careful when deciding to file asylum and choose their legal counsel wisely.

USCIS will not furlough its 13,000 employees after all

Today, the United States Citizenship and Immigration Services (USCIS) announced that it will cancel the current administrative furlough that was scheduled to begin on August 30, 2020, "as a result of unprecedented spending cuts and a steady increase in daily incoming revenue and receipts.” The furlough would have impacted more than 13,000 employees, or nearly 70 percent of USCIS’s workforce.  

Breaking news: foreign students cannot attend schools in the fall semester if the school only offers online courses

US Immigration announced today that 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 the fall semester nor will U.S. Customs and Border Protection permit these students to enter the United States. Active students currently in the United States enrolled in such programs must depart the country or take other measures, such as transferring to a school with in-person instruction to remain in lawful status or potentially face immigration consequences including, but not limited to, the initiation of removal proceedings.   

New rules effective 8/25/2020 will limit asylum applicant's eligibility for employment authorization(EAD)

The Trump administration will publish new rules on June 26, 2020 to be effective 8/25/2020 that would drastically limit asylum applicants' chance to get EAD.

The rule prevents aliens who, absent good cause, illegally entered the United States from obtaining employment authorization based on a pending asylum application. Additionally, the rule defines new bars and denials for employment authorization, such as for certain criminal behavior; extends the wait time before an asylum applicant can apply for employment authorization from 150 days to 365 calendar days; limits the employment authorization validity period to a maximum of two years; and automatically terminates employment authorization when an applications asylum denial is administratively final. 

USCIS will not interview employment based adjustment cases unless it sees issues

We have just learned that after the uscis reopens offices for Adjustment interviews, it will change its policy by not interviewing employment based I-485 cases unless there appear to be issues involving inadmissibility.

This is a great news for all employment based adjustment applicants.  It will certainly shorten the processing time and avoid potential problems at interviews.

Tougher Rule for Immigrants Effective 2/24/2020

U.S. Citizenship and Immigration Services (USCIS) will implement the Inadmissibility on Public Charge Grounds final rule (“Final Rule”) on Feb. 24, 2020, except for in the State of Illinois where the rule remains enjoined by a federal court as of Jan. 30, 2020. Under the Final Rule, USCIS will look at the factors required under the law by Congress, like an alien’s age, health, income, education and skills, among others, in order to determine whether the alien is likely at any time to become a public charge.

If you can file your adjustment of status before 2/24/20 you should.  After that day the USCIS may deny the application even if you provide enough income to sponsor you.

Change of status or extension of stay will also be subject yo the new rule.

San Francisco Asylum Approval Rate Remains the Highest in the Country

San Francisco Asylum approval rate remains the highest in the country .

Based on recent released data from the USCIS, in September of 2019, San Francisco Asylum Office completed 399 asylum applications and it approved 189, or about 47%.

For the same month, Los Angeles Asylum Office completed 988 applications and it approved 284, or about 29%.

New York Asylum Office completed 1315 applications and approved 87, or about 6.6%.

Boston Asylum Office completed 256 cases and approved 20, or about 8%.

Arlington Asylum Office completed 251 and it approved 57, or about 23%.

Even though the approval rate should be similar in any of the asylum offices, the reality is that certain asylum offices have much higher approval rate than others.

In general you will be interviewed at the asylum office has jurisdiction over your residence. You can move to a different place where the approval rate is higher either before or after you filed your I-589 application.

New method is announced for adjudication of EB5 applications

U.S. Citizenship and Immigration Services today announced a process change for Form I-526, Immigrant Petition by Alien Investor, from a first-in, first-out basis to a visa availability approach.

Starting from March 30, 2020, the USCIS will adjudicate first I-526 applications from countries that visa number is available or close to available.

 Applications from country like China will be delayed significantly Due to the long wait of visa numbers.

This new method will actually help applicants from China with Children to reduce the chance of being aged out.

2019 major immigration courts asylum grant/denial numbers

                                 Grant                      Denial

San Francisco:         21,434                   16,041

Los Angeles             33,177                   17,768

New York City           93,159                   42,962

San Diego                 3,171                     5,437

Arlington                    8,657                     6,961

Seattle                       3,338                     5,725

Houston                     2,006                     15,052

Orlando                      6,213                     11,825

Houston has the lowest grant rate and New York the highest.

Proposed new rules will bar many applicants who had certain criminal records from applying for political asylum

The proposed regulation would provide seven additional mandatory bars to eligibility for asylum. The proposed rule would add bars to eligibility for aliens who commit certain offenses in the United States. Those bars would apply to aliens who are convicted of:

1. A felony under federal or state law;

2. An offense under 8 U.S.C. § 1324(a)(1)(A) or § 1324(a)(1)(2) (Alien Smuggling or Harboring);

3. An offense under 8 U.S.C. § 1326 (Illegal Reentry);

4. A federal, state, tribal, or local crime involving criminal street gang activity;

5. Certain federal, state, tribal, or local offenses concerning the operation of a motor vehicle while under the influence of an intoxicant;

6. A federal, state, tribal, or local domestic violence offense, or who are found by an adjudicator to have engaged in acts of battery or extreme cruelty in a domestic context, even if no conviction resulted; and

7. Certain misdemeanors under federal or state law for offenses related to false identification; the unlawful receipt of public benefits from a federal, state, tribal, or local entity; or the possession or trafficking of a controlled substance or controlled-substance paraphernalia.

It is unclear when or if these new rules will become effective.  Anyone who is considering applying for asylum shall not wait.

Please note that conviction is not required if the immigration officer determines the applicant committed the act.

New affidavit of support regulations are coming soon and it's not good

A proposed regulation to change the standard of the affidavit of support requirements for immigrants may be published and become effective soon.

Before the final version becomes effective, the State Department started to tighten the rules in 2018.

The department reduced the weight of an affidavit of support that many U.S. sponsors must provide to demonstrate that an applicant will not become a taxpayer burden. The new guidance stated that the affidavit should be considered only one factor in a broader test to determine whether a person might use cash assistance or require long-term, institutionalized care.

An affidavit of support previously would have been sufficient to override most public charge determinations.

Following the revision, the number of visa denials based on public charge grounds spiked.

The State Department rejected 12,973 immigrant visa applications over public charge concerns in fiscal 2018. The department turned down just 3,209 applications on those grounds in fiscal 2017 and a mere 1,033 in fiscal 2016.

The 2018 changes to the Foreign Affairs Manual also provided more detailed instructions for how consular officers should consider an applicant’s age, health, family status, financial resources, education, and skills when making a public charge determination.

It is expected that once the final rules become effective, denials of immigrant visa applicants will increase significantly.

USCIS continues to delay decisions on varieties of cases and mandamus is the best way to address that problem

We have seen the increase of unreasonable delays of many cases by the USCIS.  It ranges from asylum, employment authorization, N-400 naturalization before or after the interview, and I-485 adjustment of status.

We have filed more than 600 mandamus actions in federal courts to compel the USCIS or in some cases the FBI to do their job.

Once such recent case involves an asylee who filed her I-485 for green card in February 2013 by another lawyer.  Over the years, her lawyer just told her to wait.  One of the reason for the delay, we later discovered, is that her previous lawyer's assistant forged a birth certificate for client.  US Consulate discovered that fake documents and return her approved I-730 to the USCIS for revocation.  The USCIS did in fact revoked her I-730 therefore her child could not join her in the United States.

This client first consulted me about 2 years ago but she decided at that time to continue to wait, hoping a miracle would happen.

After two years waiting, she finally decided to hire us to sue the government.

Within about 35 days, USCIS requested her for another interview.

Then USCIS requested DNA be done to establish the biological relationship of the client and her child.

In less than a month, DNA test was complete and report issued.

I expect a decision from the USCIS soon.

All thanks to the mandamus action in federal court.

In another EB5 application case, after we sued the USCIS, RFE was issued. We can reply to the RFE and resolve the issues.  Without the lawsuit, who know how long we will have to wait for a decision from the USCIS.

Last year, we filed several mandamus actions in court to compel the US Consulates in China to issue visas.  All resolved in our clients' favor in about 2-3 months.

Do you have long delayed case that you want to resolve soon?  Please contact us for consultation(website www.lawbw.com; or email justin@lawbw.com).

Expedited removal may affect thousands of undocumented aliens in the US

Starting from July 23, 2019, expedited removal may be applied to individuals who are undocumented, or who have committed fraud or misrepresentation, and who are encountered within the entire United States and who have not been physically present in the United States for two years prior to apprehension. 

Under the new policy, the immigration officer making the decision virtually has unchecked authority. When an immigration official encounters someone they believe may be subject to expedited removal, the burden of proof is on the individual to prove otherwise. This means that an individual believed to be subject to expedited removal will have the burden of proving to an immigration official that they have been physically present in the United States for two or more years or that they were legally admitted or paroled into the United States. 

If you were legally admitted to the US but you are now out of status you do not need to worry about this new measure.   

EB5 investors visa program changes on November 21, 2019

USCIS will publish final rules tomorrow(July 24, 2019) changing the EB5 program as we know it. 

Some of the key developments under the final rule include:

· Raising the minimum investment amounts ($900,000 for TEA and $1.8 million for non-TEA);

· Revising the standards for certain targeted employment area (TEA) designations;

· Giving USCIS responsibility for directly managing TEA designations;

· Clarifying USCIS procedures for the removal of conditions on permanent residence; and

· Allowing EB-5 petitioners to retain their priority date under certain circumstances.

Anyone who wants to participate in this program should act now in order to file the petition before November 21, 2019.

New USCIS policies will significantly affect your immigration status

USCIS recently issued two new policies that will significantly affect many people seeking immigrant benefits in the United States.

The first such policy directs the USCIS offers to refer the applicants to removal proceedings if their applications are denied and if they are no longer in legal status.  For example, if you file for B2 extension and when the USCIS denies your application, your 6 month stay expired, you may be put in removal proceedings(in this case if you just leave the US you may be ordered removal at your master hearing in absentia).  Another example is if you file H-1 extension and if your petition is denied and your current H-1 expired, you may be put in removal proceedings.

The second new policy involves the denial of applications without issuing request for evidence (RFE) or notice of intent to deny(NOID).   Now USCIS may deny your application without first asking for more evidence if it determined you did not provide basic evidence or required form.  If you have a deadline to submit an application, the denial of your application will be devastating as you may have missed the deadline and you cannot file it again.

All these changes have raised the stake for anyone who file applications/petitions with the USCIS.  You may have only one chance to get things right.  If you do it yourself, or hire inexperienced lawyer or immigrant consultant, you may fall into a deep hole you cannot dig yourself out.