USCIS OFFICES REOPENING ‘ON OR AFTER JUNE 4’
On March 18,U.S. Citizenship and Immigration Services (“USCIS”) temporarily suspended in-person services at its field offices, asylum offices, and Application Support Centers (“ASCs”) to help slow the spread of coronavirus (COVID-19). While public closures were extended further, USCIS is now preparing to reopen their offices on or after June 4. USCIS offices will automatically reschedule ASC appointments that were canceled due to the temporary office closures, when it resumes
COVID-19 SUMMARY AND THE “PUBLIC CHARGE RULE”
The “Public Charge Rule” implemented by the Department of Homeland Security (“DHS”) on February 24, 2020 mandates that certain individuals applying for U.S. immigration status are generally inadmissible into the U.S. if they are found likely to become a public charge. Individuals inside or outside the U.S. who seek to either obtain Lawful Permanent Resident status (apply for immigrant visas and “green cards”) or to extend or change nonimmigrant status (temporary visas) must n
U.S.-CANADA BORDER TO REMAIN CLOSED FOR ADDITIONAL 30 DAYS
Canadian Prime Minister Justin Trudeauannounced, due to the coronavirus (COVID-19)outbreak, amutual agreement with the United States to remain current border restrictionsbetween the two countries by an additional 30 daysuntil May 21, 2020. The border was originally closed on June 21, 2020, restricting nonessential travel between Canada and the U.S. but allowing trade and commerce, emergency response, and public health-related travel. Please note, travel exemptions include Can
PRESIDENT BANS IMMIGRANTS FROM ENTRY INTO THE UNITED STATES FOR 60 DAYS, WITH EXCEPTIONS
President Donald Trump announced April 21, 2020 he will be placing a 60-day pause on the issuance of certain immigration green cards. The proclamation states that the rationale is to address “excess labor supply” and displacement of U.S. workers. The proclamation took effect on April 23, 2020. The entry ban applies to those who: (1) are outside the United States as of April 22; (2) do not have an immigrant visa that is valid on the effective date; and (3) do not have an offic
DHS ISSUES ADVICE ON OPTIONS FOR NONIMMIGRANTS DURING COVID-19 EMERGENCY
The Department of Homeland Security (“DHS”)announced it recognizes that nonimmigrants may unexpectedly need to remain in the United States beyond their authorized periodsof stay due to COVID-19 issues. In that context, the agency noted several available options, including applying for an extension, flexibility for late applications, and flexibility for visa waiver entrants. DHS noted, among other things, that it can consider delays caused by the COVID-19 pandemic when decidin
NEW BILL WOULD REALLOCATE 40,000 UNUSED GREEN CARDS FOR MEDICAL WORKERS
On May 5, 2020 a new bill (S. 3599) was introduced in the U.S. Senate. The Healthcare Workforce Resilience Act would reallocate previously authorized, unused immigrant visas for 25,000 nurses and 15,000 doctors, and family members, to alleviate shortages. The filing period under the bipartisan Healthcare Workforce Resilience Act would be limited to 90 days after termination of the President’s COVID-19 emergency declaration. These visas would not be subject to per-country nume
UPDATED VISA BULLETIN INFORMATION
The U.S. Department of State has released its May 2020 Visa Bulletin. The bulletin outlines date priority per-country cutoffs that regulate immigrant visa availability and the flow of adjustment of status application and consular immigrant visa application filings and approvals. It includes both a Dates for Filing Visa Applications chart and an Application Final Action Dates chart. The former indicates when intending immigrants may file their applications for adjustments of s
NINTH CIRCUIT PANEL PREVENTS TRUMP ADMINISTRATION FROM IMPLEMENTING HEALTH CARE BAN
On May 4, the 9th Circuit Court of Appeals blocked President Trump’s Oct. 2019 rule that banned qualified immigrants from receiving visas unless they could prove coverage by “approved” health insurance or enough wealth to pay for “reasonably foreseeable medical costs” upon arrival. The decision notes: “In sum, the government has not established the requisite irreparable harm necessary to justify a stay pending appeal. Its rights may be vindicated upon completion of this litig
