USCIS plans to resume in-person benefit eligibility interviews, re-open public inquiry desks and resume biometrics appointments on June 4.  While application and petition adjudications have continued, public services have been suspended due to the COVID-19 outbreak since March 3.  We will continue to monitor COVID-19 developments.

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The Department of Homeland Security, as set forth in a proposed rule to be published November 14, 2019 in the Federal Register, is on course to increase application and petition fees across the board for most U.S. immigration benefits.  The increases are not insignificant.  For example, a bundled application for Adjustment of Status including biometrics and the interim benefits of employment authorization and advance parole (travel during pendency of the application), is set to increase from $1,225 presently to $2,195, an increase of 79%.  Applications for naturalization to U.S. citizenship are set to increase from $640 presently to $1,170, an 83% increase.  Employment petitions on form I-129 are set to rise $200 for H-1B Specialty Occupation petitions and $355 for R-1 Religious Worker petitions, however DHS lack the statutory authority to increase Fraud Detection & Prevention fees, so by comparison, employment-based petition fee increases are marginal compared to family-based benefit and citizenship application increases.

We’re in a decidedly different immigration environment under the Trump Admimsitration.  If you seek family-based immigration assistance or U.S. citizenship, the time to act is now.

 

 

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With less than one week until USCIS implements the new Public Charge requirements, the agency has finally taken the step of making available online the form I-944 ‘Declaration of Self-Sufficiency’ that will be required of most applicants for Adjustment of Status in the United States.

Predictably, the form requests substantial personal financial information from all applicants and household members who reside with the applicant, such as previous receipt of public benefits, credit scores, personal assets and liabilities, and career and educational background information.  The form is 18 pages in length and requires voluminous supporting documentation be attached so that USCIS can undertake a thorough analysis, on evidence provided by applicants, of that applicant’s liklihood under a ‘totality of circumstances’ to become a Public Charge in the United States.

This is a burdensome new requirement on immigrants, to be sure.  We are in the very early phases of implementation of the new Public Charge rule.  For even seasoned immigration attorneys (such as yours truly) it will take months to discern agency adjudicatory interpretation of the rule, including applicant strengths, weaknesses and critical areas of focus to demonstrate qualification under the new, stricter standard.

Forms I-485 Application to Register Permanent Residence, I-864 Affidavit of Support, I-864A Contract with Household Member and I-539/A Application to Extend/Change Nonimmigrant Status have been updated as well.  All new Affidavit of Support and Adjustment of Status forms, including the I-944 Declaration of Self-Sufficiency, will be required with Adjustment of Status applications filed on or after October 15, 2019.

 

 

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In an effort to decrease historically high processing times for applications for naturalization and adjustment of status, USCIS announced recently they are implementing a national strategy that will involve transferring files from overworked field offices to nearby regional offices that carry less of a workload.  For example, San Francisco applicants may receive Request for Evidence (RFE) or interview notices in Sacramento, or Los Angeles applicants may receive RFE or interview notices in San Bernardino.

Despite the inconvenience to some this may cause, it comes as welcome relief to many attorneys, USCIS officers and some applicants who will experience reduced wait times.  Read about the USCIS efforts here.