How Does Trump’s Executive Order affect your Immigration Case?

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Proclamation of April 22nd, 2020: The Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market during the Economic Recovery Following the 2019 Novel Coronavirus Outbreak  

On Wednesday, April 22nd, President Trump signed an executive order to suspend the issuance of new green cards to prevent immigration into the United States for at least 60 days. These immigration changes will affect thousands of immigrant applicants seeking to permanently move to the United States. The notoriously slow process of gaining permanent residency will be further slowed for individuals seeking to remain in the country.

The order explicitly articulates that its purpose is to ensure that unemployed American citizens, of all backgrounds, will be the first in line for jobs as the economy reopens. President Trump noted that it will, “preserve our healthcare resources for American patients” afflicted by COVID-19.

This executive provision is directed specifically towards foreign nationals seeking to obtain legal permanent statuses who are outside of the U.S. at the time of the order. Those who will be impacted by the suspension of entry include: aliens outside of the U.S. on April 22nd, 2020; aliens without an immigration visa that is valid on April 22nd, 2020; and aliens without an official travel document other than a visa (such as a transportation letter, advance parole document, etc…) that would permit them to travel to the U.S. for legal entry and admission. It is likely that the most-impacted category of aliens will be those seeking green cards through their employers or on account of their professional value.

Notably, the ban exempts aliens who enter the U.S. on an immigrant visa and who identify as physicians, nurses, or healthcare professionals. Aliens entering the U.S. to perform medical research or other research related to COVID-19 are also exempt from the provision. Any spouse or unmarried child under 21 of such an alien is also permitted to join him or her. This legislature will not apply to individuals coming into the U.S. temporarily, such as students or agricultural workers. It will not apply to individuals who obtained visas before April 22nd, 2020. U.S. refugees and asylum seekers will not be impacted by the executive order. The proclamation details a comprehensive list of aliens to whom this proclamation does not apply.

As of now, guest worker programs are not impacted by this provision, so technology workers, farm laborers, and workers in the food industry will continue to be able to apply and receive visas. In a statement, President Trump noted that he would ask his Administration to review guest-worker programs to assess if any further steps need to be taken to protect citizen workers.

After the 60-day period established by the executive order, the President will decide whether the order will be renewed or adapted. If the American economy struggles to recover from the current shutdown, according to the President, another order may be enacted to extend the ban or add supplemental restrictions to further deter immigration. The implementation of such provisions will likely make companies less likely to hire foreign workers or vulnerable noncitizens, because such a commitment may be undercut by the Administrations’ future orders.

Since the start of the pandemic, the Trump Administration has made over a dozen changes to the U.S. immigration system, using the coronavirus as justification for aggressive immigration restrictions. Previously, the Administration expanded travel restrictions and slowed visa processing. Immigration agencies and embassies have already stopped processing visas and citizenship ceremonies have been halted. Since March 19th, refugee resettlements have also been suspended, as both the U.N. and the International Organizations for Migration temporarily paused refugee travel. This order, however, is the broadest expansion of restrictions on immigration since the start of the COVID-19 outbreak.

If you have questions about how this order may affect your case, please contact us on our website, by email at [email protected] or give us a call at (866) 691-9894.

 

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The “Public Charge” Rule: What Is It and How Does it Affect Those Applying for a Green Card?

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Immigration laws are constantly changing and evolving. And these changes are making it increasingly difficult for individuals to understand the immigration process and what steps they need to take in order to apply for particular Visa’s, Green Cards, and U.S. Citizenship.   These new immigration policies have also made it extremely crucial for individuals to stay up to date on these latest trends and policy adjustments, as they can have a significant impact on immigrants’ access to public assistance programs. One of these new immigration developments has been the implementation of the “public charge” rule. To further understand what this rule is and how it affects those applying for a Green Card, continue to read below or contact our team at Immigration Law Group.  We understand how critical it is to interpret these new policies, and we are here to help you. Our Portland-based attorneys are up to date on all the latest immigration changes and have helped hundreds of individuals going through the immigration process. Whether you are looking for information on how to obtain your Adjustment of Status, discuss your different Visa options, or need some answers regarding the latest immigration legal changes,  contact  our office today for more information.

What is the “Public Charge” Rule, and How Does it Affect those Applying for Green Cards?

Under the new “public charge” rule, green card applicants have to show that they will not become a public charge, which means that they won’t need any federal assistance to live in the United States. This rule includes those that are dependent on the government for their subsistence, those that use cash assistance programs, and those that need long-term care at the government’s expense.   Under this new provision, individuals that are applying for a Green Card in the United States could be denied if they become a public charge. This new rule will include two public charge provisions:
  • U.S. Citizenship and Immigration Services will penalize those individuals that get certain federal benefits.
  • U.S. Citizenship and Immigration Services will use the “totality of circumstances” test to determine who is a public charge. This test will review “heavily weighted negative factors” versus “heavily weighted positive factors.”
    • Heavily Weighted Negative Factors: This would include an application that is unemployed even though they may have employment authorization.
    • Heavily Weighted Positive Factors: This would include those applicants that have a household income at 250% of the federal poverty guidelines.

The “Public Charge” Rule’s Impact On Our Country

The “public charge” rule will come into effect on February 24, 2020, yet it has already created a lot of fear amongst immigrant communities. Many immigrant families in anticipation of this new provision have already begun disenrolling or refusing specific public programs that are necessary for them to thrive and survive. What’s more, the confusion that has resulted from this rule has had a chilling effect on all immigrant families, even those whose immigration status is not affected by this new provision. As this “public charge” rule becomes effective, the potential impacts on immigrants will be severe.   Not only will it prevent many immigrants from seeking Medicaid or other public benefits, which can have disastrous consequences on their family’s well-being, health, and financial security. But by limiting these benefits, it will prevent immigrants from getting and keeping their job, finishing their education, and taking care of their families. As these ramifications continue to grow, they will not only hurt the individual immigrant families and their communities but eventually, this policy will end up hurting our country as a whole.

Why Call Immigration Law Group?

As the precise impact of this policy is still relatively unknown, it comes as no surprise that this new rule brings with it a lot of uncertainty and questions.   With  Immigration Law Group, we are here to guide you and help you understand not only how this new policy affects your Green Card status, but we are here to also assist you with any immigration question that you may have. If you would like further information on the “public charge” rule or need to discuss your individual immigration case,  contact us  today to set up an appointment.

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New Public Charge Rule: What Documents do Green Card Applicants need now?

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New Public Charge Rule: What Documents do Green Card Applicants need now?

Since 1996, federal laws have stated that aliens must demonstrate self-sufficiency to be granted permanent legal status. The Supreme Court’s Inadmissibility on Public Charge Grounds Final Rule, implemented on February 24th, 2020, revised the guidelines of determining whether an alien individual is admissible to the U.S. or eligible to obtain permanent legal status, based upon the likelihood of becoming a public charge. Consequently, United States Citizenship and Immigration Services (USCIS) have the discretionary power to deny green cards to migrants with histories of using benefits. To decide whether an individual merits legal permanent resident status, USCIS will consider an alien applicant’s income, employment status, health, age, education, family circumstances, prospective immigration status, and prospective period of admission.

Applications for visas and lawful permanent residency processed at U.S. embassies and consular offices outside of the U.S. will operate under the February 24th regulations. All applicants who are not exempt from a public charge assessment must submit Form 5540 (Public Charge Questionnaire). USCIS officers have been directed to take Form DS-5540 into consideration before denying an alien’s application.

Green card applications, as of February 24th, 2020, must include:

1. Proof of Income of Applicant: this includes the most recent year’s IRS Tax Transcripts of the applicant’s Federal income tax returns (if applicable). If the green card applicant was outside the United States during the most recent tax year, he or she must provide the most recent year’s Foreign Tax Transcripts for income taxes filed with the government of the overseas country. If the green card applicant is not required to file federal taxes, he or she must file a W-2 statement or a Social Security Statement.

If the applicant has any additional non-taxable income (such as child support, unemployment benefits, etc…) not included in tax return, he or she must provide: statements or letters of proof of having received nontaxable income.

2. Proof of Income of Household Members (IF APPLICABLE): if the applicant currently lives with other household members (including a spouse, children, any individual receiving at least 50% of their support from the applicant or on whom an applicant relies for at least 50% support, etc…), then the applicant must provide all of his or her household members’ most recent year’s IRS Tax Transcripts of their Federal income tax returns, or the household members’ most recent year’s Foreign Tax Transcripts for income taxes filed outside the U.S.

Finally, if household members are not required to file federal taxes, the applicant must provide these members’ W-2 Statement or Social Security Statement.

The applicant must also provide evidence of his or her relationship with each household member, such as a birth certificate, marriage certificate, or a signed statement.

3. Evidence of Asset of Household (IF APPLICABLE): Assets include checking and savings account statements, stocks and bonds, retirement accounts, educational accounts, net cash value of real estate holdings, and other substantial assets that can be converted into cash within 12 months.

If the applicant or any of their household members own any assets, proof of the applicant’s or households’ assets must be provided, including: the name of the asset holder, description of the asset, proof of ownership, and basis for owner’s claim of its net cash value.

4. Proof of Liabilities/Debt (IF APPLICABLE): IF the applicant has liabilities or debt, he or she must provide documentation (letters or statements) for each liability and debt :
a. Such examples include Mortgages, Car Loans, Credit Card Debt, Education Related Losses, Tax Debts, Liens, Personal Loans, Unpaid Child or Spousal Support, Other Debts

5. Credit Score and Report (IF APPLICABLE): IF the applicant has a Credit Report or Credit Score in the U.S., he or she must provide a Credit Report from Equifax, Experian, or TransUnion (go to: https://www.usa.gov/credit reports ). If the applicant has no Credit Report or Credit Score, he or she must provide evidence of continued payment of bills and provide documentation that he or she has no credit report with a U.S. credit bureau.

If the applicant has Negative History in his or her Credit Report (such as delinquent accounts, debt collections, tax liens, bankruptcy, etc…), he or she must provide a written explanation regarding each negative history item.

If the applicant has filed for bankruptcy, he or she must provide documentation to show every instance, type, place of filing, and date of the bankruptcy. The evidence of the resolution of each bankruptcy must also be filed if applicable.

6. Proof of Health Care Insurance (IF APPLICABLE): IF the applicant has health care insurance, he or she must provide a copy of the Insurance’s Policy Page that articulates the terms and type of coverage OR the applicant must provide a letter on the company letterhead/ evidence from the health insurance and provide the terms and type of coverage OR the applicant must provide the latest Form 1095-B (Health Coverage) and Form 1095-C (Employer-Provided Health Insurance Offer and Coverage) if available, with evidence of renewal of coverage for the current year.

If relevant, the applicant must also provide proof of Premium Tax Credit or Advanced Premium Tax Credit, with a transcript copy of the IRS Form 8963 Report of Health Insurance Provider Information, Form 8962 Premium Tax Credit (PTC), and a copy of Form 1095A, Health Insurance Marketplace Statement.

If relevant, the applicant must also provide proof of the deductible or premium amount, with documentation.

If relevant, the applicant must also show documentation of the date of insurance termination or date of renewal.

If the applicant has enrolled in health insurance that has yet to start, he or she must provide proof of enrollment, such as a letter that includes the terms, type of coverage, name of the individual covered, and the date when the coverage begins.

If the applicant has a medical condition that will affect his or her circumstances of work, he or she must provide documentation that can outweigh negative factors related to the medical condition (this includes information provided by a civil surgeon or a panel physician on a medical examination, attestation from your treating physician regarding the prognosis of any medical condition and whether it impacts your ability to work or go to school, or evidence of sufficient assets and resources to pay the costs of any reasonably anticipated medical treatment).

7. Public Benefits Received (IF APPLICABLE): IF the applicant has received any Public Benefits, he or she must include evidence of that public benefit (such as a letter, notice, certification) that include the applicant’s name, the public benefit-granting agency’s name and contact information, type of benefit, date of authorization to receive the benefit, and the date benefit or coverage ended or expires. Such Public Benefits include: any local, state, federal, or tribal cash assistance for income maintenance; Supplemental Security Income; Temporary Assistance for Needy Families; Supplemental Nutrition Assistance Program; Supplemental Nutrition Assistance Program; Public Housing under the Housing Act of 1937; Federally funded Medicaid.

If the applicant has applied for a Public Benefit but been denied or rejected, he or she must provide documentation of denial or rejection.

If the applicant has disenrolled from a Public Benefit, he or she must
provide evidence of disenrollment or request to disenroll.

If the applicant has withdrawn from a Public Benefit, he or she must provide evidence demonstrating that the public benefit granting agency received your request to withdraw the application. The applicant may also provide evidence from a federal, state, local, or tribal agency administering a public benefit that shows that he or she does not qualify or would not qualify for such public benefit based on his or her annual gross household income or prospective immigration status.

8. Immigration Fee Waivers (IF APPLICABLE): IF the applicant has ever applied or received a fee waiver when applying for an immigration benefit AND the circumstances that caused an applicant to apply have changed, he or she must provide documentation to support any explanation of changed circumstances.

9. Education and Skills of the Applicant: IF an applicant is unemployed because he or she is the primary caretaker of a child/disabled individual/elderly, he or she must provide documentation showing that he or she is the primary caretaker (such as a legal guardianship court order), that the individual resides in the applicant’s household, and proof of the individual’s age/medical condition (if relevant).

If the applicant has graduated high school or obtained a tertiary level degree, he or she must provide transcripts, diplomas, degrees, certificates, or written explanation/letter issued from the institution as to why these documents are unavailable. Note that all foreign education should include an evaluation of equivalency to education or degrees acquired at U.S. educational institutions.

If the applicant has any occupational skills, he or she must provide a list of licenses for specific occupations/professions AND certificates documenting mastery or apprenticeships in skilled professions and trades.

If licenses/certificates are unavailable, the applicant must provide a written explanation and letter from the issuing institution to explain why these documents are unavailable.

If the applicant has completed courses and/or received any certifications in English or other languages, he or she must provide proof of language or literacy classes taken or currently being taken, or other proof of proficiency.

If the applicant is a speaker of English or another language, he or she must provide documentation of language proficiency including language certifications (such as high school diplomas and college degrees showing that the native language was studied for credit).

10. Proof of Retirement (IF APPLICABLE): IF an applicant is currently retired, he or she must provide documentation or statements of income from pensions, social security, and other retirement benefits.

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New Public Charge Rule’s Impact on Green Card Applicants

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New Public Charge Rule’s Impact on Green Card Applicants

Since February 24th, 2020, U.S. Citizenship and Immigration Services (USCIS) has implemented the Inadmissibility on Public Charge Grounds Final Rule nationwide. This public charge rule expands the grounds on which immigration enforcement officials can deny the acquisition of a green card or other legal status to noncitizen applicants, to ensure that individuals will not rely upon government benefits and services. Until February 24th, the use of most public benefits did not impede legal status in the United States. The new rules allow USCIS officials to penalize noncitizen recipients of housing, health, and nutrition welfare programs that are applying to change their legal status. However, because few benefit programs are open to noncitizens without legal permanent residence, few green card applicants are likely to be denied based on their benefit use. Notably, certain classes of individuals, such as refugees and asylum seekers, are exempt from the public charge ground of inadmissibility.

Note that Public Benefits that will not be considered by officers in determining an alien applicant’s inadmissibility on grounds of public charge are: emergency medical assistance, disaster relief, national school lunch programs, energy assistance, food pantries and homeless shelters, Head Start, government-subsidized student and mortgage loans, subsidies for foster care and adoption, Children’s Health Insurance Program, and the Special Supplemental Nutrition Program for Women, Infants, and Children.

This final rule applies to applicants for admission, aliens seeking to adjust their legal status from within the U.S., and aliens within the U.S. who have a nonimmigrant visa and would like to extend their stay in the same or different legal classification. This rule indicates that the Department of Homeland and Security (DHS) will not consider the receipt of public benefits received by an alien who is enlisted in the U.S. armed forces or is serving in active duty. Furthermore, DHS will not consider the public benefits received by children. Likewise, DHS will not consider Medicaid benefits received for the treatment of an emergency medical condition, services provided in connection to the Individuals with Disabilities Education Act, schools-based benefits provided to individuals who are below or at the oldest age eligible for secondary education, aliens under 21 years of age, and pregnant individuals or individuals within the 60-day period beginning on the last day of the pregnancy.

Significance for Green Card applicants:

The State Department’s revised public charge guidelines increase the difficulty in securing a green card or other form of visa. If a green card applicant is filing immigration paperwork from abroad he or she should expect significant scrutiny of past and present financial circumstances. While receiving cash benefits in the past can be a factor in the government’s decision, no single factor will dictate whether USCIS deems an individual a “public charge”. Immigration enforcement officers use their discretion to decide whether an applicant can receive legal permanent residence, using the following factors to determine whether an individual is likely to rely on public funds:

– Age: The final Supreme Court rule indicates that USCIS will consider whether an applicant’s age impacts his or her ability to physically work, and is therefore relevant to determining self-sufficiency. USCS has indicated that it is important that the applicant is between 18 and 62 years of age. This age range is based on the age at which individuals are generally able to begin working full-time and the age at which individuals typically retire with social security retirement benefits under federal law. Moreover, minors under 18 years of age are more likely to qualify for public benefits, and thus may be relevant to public charge inadmissibility. The regulation also acknowledges that applicants under 18 years of age or over 61 years of age may work or have other means of support. For minors under 18 years of age, USCIS will consider the availability of outside support form a parent and other resources and assets available to the minor applicant. USCIS says that it will be heavily negatively weighted if the applicant is authorized to work, not a full-time student, and does not demonstrate current employment, recent employment history, or any prospect of future employment.

– Health: USCIS will consider whether an applicant has a medical condition that will require extensive future treatment that will likely impede the applicant’s ability to work and provide for himself or herself. However, the presence of a medical condition does not automatically render an alien applicant inadmissible. USCIS officials will likely defer to Form 1-693 (civil surgeon’s medical report) that must be filed as a part of the application process. Officials will consider the medical condition through the lens of whether the medical condition will impede an alien’s ability to attend school and work. Applicants with a health condition should have evidence that they have or will obtain private health insurance to cover all associated foreseeable medical costs.

– Family Status: The final Supreme Court’s rule indicates that the larger the family’s size, the more income an applicant needs to establish. Thus, it is considered whether an alien applicant has a household to support, or whether the applicant is supported by another household, in order to determine whether the alien would be more or less of a public charge. Certainly, household size does not automatically dictate the outcome of a public charge admissibility determination, and officers look at other factors such as financial status.

– Financial status (including income, employment, assets, and resources): Perceived negative factors such as unemployment may contribute to additional questioning. Applicants must submit Form 1-944 (Declaration of Self-Sufficiency) to provide evidence of an annual gross income at least 125% of the Federal Poverty Guidelines. If an applicant cannot provide adequate evidence of sufficient income, his or her assets can be considered. These assets may pertain to the applicant or to any family member in the household. USCIS officers will also consider an applicant’s credit history and civil liabilities, including mortgages, spousal support, unpaid taxes, etc… The final rule provides that a household income, assets, and resources of at least 250% of the Federal Poverty Guidelines is a heavily weighed positive factor.

– Education and Skills: USCIS will consider whether an applicant has sufficient education and skills to obtain and maintain a lawful employment. Skills include English proficiency. Generally, aliens with educational credentials, certificates, and skills are more employable and thus less likely to become a public charge. Considering market demand, DHS may regard an applicant’s proficiency in other languages, along with English, when reviewing the education and skills factor.

– Affidavit of Support: Because an affidavit of support does not guarantee that an alien applicant will receive public benefits in the future, officers only consider the affidavit of support as one factor among all others. However, an applicant’s failure to submit a required affidavit of support will result in a determination of inadmissibility without review of other factors. USCIS considers whether a sponsor will genuinely provide the required amount of financial support to the alien applicant.

DHS notes that the following are positively weighed by USCIS: significant income, resources, and assets; or an annual income of at least 250% of the Federal Poverty Guidelines.
Furthermore, DHS lists some heavily weighed negative factors that indicate an alien applicant’s likelihood of being a future public charge, which include: lack of employment, lack of financial means to pay for medical costs, current receipt of one or more public benefits, receipt of public benefits within 36 months of filing an application for legal permanent residency, and previous determination of inadmissibility or deportability based on public charge.

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marriage-based visa

Marriage-Based Visas: What You Need to Know if You Have a Criminal History

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The pathway to United States citizenship involves many complex options and, at times, confusing criteria. Immigration law in the United States is continually evolving and changing and can cause a lot of tension for immigrants trying to figure out how it all works. Applying for a green card based on a marriage can seem like an easy procedure. However, there’s a lot to understand to this process of marriage-based visas, and it can be the difference between an approval and a denial.

What is a Marriage-Based Visa?

The marriage-based visa is one option for an immigrant to apply for a green card. It is based on their marriage to a U.S. lawful permanent resident or a U.S. citizen. There are some common misconceptions when it comes to marriage-based visas. Most individuals tend to think that it’s an automatic ticket to U.S. citizenship, and it just involves filing some paperwork. However, the overall application is still a long and tedious process with an intense petition undertaking.

What are the Requirements to Obtain a Marriage-Based Visa?

The process of filing for a marriage-based visa is pretty straightforward. However, the overall operation comes with its hurdles and requires applicants to prove that their marriage is real and valid. To qualify for this specific visa, you will need to show the following:

  • You are legally married to a U.S. Citizen or a U.S. lawful permanent resident.
  • Your marriage is real and not fraudulent. Specifically, you are proving that your marriage is not just done for a green card.
  • Documentation of your spouse’s lawful permanent resident status or U.S. citizenship.
  • Proof that neither of you is married to someone else.

The Process:

To prove that you qualify for this visa, you will need to submit to U.S. Citizenship and Immigration Services (USCIS) the required Form I-130,  along with proof that your spouse is a U.S. citizen or a lawful permanent resident, and that you have a bona fide marriage. Once USCIS approves the I-130, you will be required to pay specific fees and fill out additional paperwork that the National Visa Center (NVC) will need. Once the NVC receives all your documentation, your case will be sent to a U.S. consulate located in your home country, where you will be required to obtain a medical exam by an approved doctor and attend an interview.

If everything is complete, you will receive your immigrant visa and will be able to present it at the U.S. border to receive a stamp in your passport indicating your green card status. This whole process can be tedious and stressful, that’s why if at any point you have questions or concerns don’t hesitate to call experienced professionals that can walk you through it and answer any questions that you may have.

Does a Criminal Record Affect this Process?

During your application process for your marriage-based visa, you will encounter questions that involve your specific criminal history. The government wants to know any interactions that you have had with law enforcement and will want you to provide detailed information. You should to indicate any charges or arrests that you had, even if they have been dismissed. Having a criminal history may complicate your overall process, but they will not automatically cause your case to be denied. Although, there are three significant crimes that most likely cause inadmissibility and should be discussed with an attorney before proceeding with your filing. They are:

  1. Crimes involving an Aggravated Felony
  2. “Moral Turpitude” Crimes
  3. Illegal Drug Crimes

How Do Marriage-Based Visa’s Affect Immigrants and the Country?

There have been countless discussions on marriage-based visas, and their impact on the United States. However, the common theme in these discussions is how beneficial this visa is to overall economic U.S. growth and the country’s diversity. It’s an opportunity to expand the U.S. borders and bring in immigrants with skills that will be valuable to the people of the United States and U.S. economy.

Contact Immigration Law Group!

Obtaining a marriage-based visa can be a daunting process that can cause a lot of headaches for a couple. But, with Immigration Law Group, our knowledgeable and experienced staff can make this process a lot easier and less stressful. We will answer any question and help you prepare your submission. If you need any further information or would like to schedule a meeting,  contact us today.

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Portland Immigration Lawyer

Trump Administration Will Raise Immigration Filing Fees

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The cost for becoming a United States Citizen might become 83 percent more expensive. The Trump Administration is attempting to raise the application fees from citizenship to legal permanent residency.

Last Thursday, USCIS announced the proposed price hikes, in their statement “current fees do not recover the full costs of providing adjudication and naturalization services.”   The citizenship application fee is currently 640 dollars, the proposed price hike would make the fee 1,170 dollars. The legal permanent residency fee is currently 1,220 and USCIS is attempting to raise it to 2,195.

The proposed price hikes would have a major affect on immigration. There are also price hikes for Asylum, Temporary Protected Status Beneficiaries, and DACA recipients. DACA renewals would go from 495 dollars to 765 dollars. The administration is also seeking to transfer $207.6 million of USCIS funding and divert it to Immigration and Customs Enforcement.

Advocacy groups are pressing people who are eligible to apply as soon as possible. USCIS and the Trump Administration must place the proposed price hikes in a comment period, the period ends on December 16th.

These price hikes have very little blocking their way to becoming a reality. Congress is really the only option to prevent the price hikes from becoming implemented.

The time to apply for your green card or citizenship application is now!   Don’t wait until the fees increase a substantial amount more than they already are.   Feel free to contact us with any questions.

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Immigration News Update on Visa Applicants Portland, Oregon

Trump Will Deny Visas To Those Who Can’t Pay for Health Care

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The Trump administration will deny visas to immigrants who cannot prove they will have health insurance or the ability to pay for medical costs once they become permanent residents of the United States, the White House announced Friday in the latest move by President Trump to undermine legal immigration.

The proclamation has been in the works for many months according to New York Times Reporters Michael Shear and Miriam Jordan. The new policy will not affect refugees, asylum seekers or students seeking to attend college in the United States.

According to Shear and Jordan “ Once the policy is in place, people seeking those visas would be asked by consular officers to show how they intend to be covered by health insurance within 30 days of arriving in the United States. That could include proof that they  will have health care through a job or will be covered under a relative’s insurance. If they cannot show that to the satisfaction of the consular office, their visa will be denied”

The recently announced policy has caused a stir, “Thousands of people annually would be denied green cards if the executive order takes effect” said Steve Yale-Loehr, an immigration scholar at Cornell Law School.

“Most people who are receiving green cards already have a job waiting or have a spouse that is employed,” Ms. Jamae said. “When you apply for a green card you already have to meet certain financial requirements.”

Other criticisms include “Most people who are receiving green cards already have a job waiting or have a spouse that is employed,” Ms. Jamae said. “When you apply for a green card you already have to meet certain financial requirements.”

Shear and Jordan also talked with, Doug Rand, a former White House official who worked on immigration in the Obama administration. Rand predicts that the president’s proclamation would be met by legal challenges.

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How to Sponsor my Parents for an Immigrant Visa/Green Card | Immigration Law group, LLC

How to Sponsor my Parents for an Immigrant Visa/Green Card

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How to Sponsor my Parents for an Immigrant Visa/Green Card

Do you want to reunite with your parents overseas and let them see their grandchildren in the U.S.? If they are currently in the U.S. visiting, did you know they may be eligible to stay and apply for adjustment of status? So long as you are a U.S. citizen, and at least 21 years old, you can sponsor your parents by filing form I-130 with USCIS to receive their Immigrant Visa/Green Card. However, permanent U.S. citizen son/daughter residents – green card holders – may not submit form I-130 petition to bring their parents to live permanently in the U.S. If you are a green card holder, your best option is to file form N-400 to naturalize to become a U.S. citizen. Then, you will be able to file for your parents.

Many immigrants who live in the United States are always seeking advice and guidance on how to bring their parents to the U.S. either to visit or live permanently. They want to petition for a green card, which also refers to sponsoring them. While it is advisable to consult with an experienced lawyer about your specific situation, this article will give you some vital insights about the entire process of bringing your parent to the U.S.

Steps a U.S. Citizen Son/Daughter Should Take to Get Their Foreign National Parents to The U.S:

If you’re a U.S. citizen son/daughter of at least 21 years of age, there are several steps you need to take to get your foreign national parents to the U.S. Here is a breakdown describing the steps and the required documents you should submit, depending on your parents’ location.

1. Your father lives outside the U.S. and Needs an Immigrant Visa/Green Card

• Form I-130
• A birth certificate copy that shows your name and the names of both your parents.
• A marriage certificate that proves your parents are legally married.
• A Certificate of Naturalization, or U.S. passport, if you were not born in the U.S. or Certificate of Citizenship.

2. Your mother lives outside the U.S. and Needs an Immigrant Visa/Green Card

• Form I-130
• A birth certificate that has your name and that of your mother.
• A Certificate of Naturalization, or U.S. passport, if you were not born in the U.S.

3. Your father lives outside the U.S., you were born out of wedlock and your father didn’t legitimize you before your 18th birthday.

• Form I-130
• A birth certificate that has your name and that of your father.
• Evidence to prove that there existed a financial or emotional bond between you and your father before you reached the age of 21 or get married, whichever came first.
• A Certificate of Naturalization, or U.S. passport, if you were not born in the U.S. or Citizenship.

4. Your father lives outside the U.S., you were born out of wedlock and your father legitimated you before your 18th birthday.

• Form I-130
• A birth certificate that has your name and that of your father.
• Evidence to prove that your father legitimated you before your 18th birthday through the laws of your country/state, the marriage of natural parents, or the laws of your father’s country/state.
• A Certificate of Naturalization, or U.S. passport, if you were not born in the U.S. or Citizenship.

5. Filing a petition to bring your step-parent to live in the U.S.

• Form I-130
• A birth certificate that has your name and those of your birth parents.
• A civil marriage certificate that proves your birth parent was legally married to your step-parent, and that they got married before your 18th birthday.
• Copies of documents such as death certificates, annulment decrees or divorce decrees to prove that any marriage entered into by your birth parent or step-parent ended legally.

6. Filing a petition to bring your adoptive parent to live in the U.S.

• Form I-130
• Birth certificate
• A certified adoption certificate that proves the adoption occurred before your 16th birthday.
• A statement that clearly shows the places and dates you lived together with your adoptive parent.
• A Certificate of Naturalization or Citizenship if you were not born in the U.S.

Note: If you or your foreign national parent’s name has ever been changed, in the past, it is important to include proof of the legal name change in documents such as divorce decrees, court judgment of the name change, and marriage certificate. All these documents should be submitted as photocopies and not originals.

To successfully file a petition to bring your parents to the United States, the immigrant visa must be available based on the date the application for the immigrant visa was filed (“priority date”). This is possible because visas in this category are usually processed much faster and thus are immediately available. Remember, if you have been adopted legally, you can’t petition for your birth parent to come to the United States. This excludes your adoptive parent or step-parent.

How to Sponsor my Parents for an Immigrant Visa/Green Card? File the Form I-130 Petition

After about 8-9 months from filing, the U.S. Citizenship and Immigration Services (USCIS) will notify you whether your filed petition was approved or denied. Your parent will be notified to visit the Local U.S. consulate for visa processing if he/she is outside the U.S. when the petition gets approved.   You will also be required to submit form I-864 as a financial sponsor.   Your parent will need to submit documents to the National Visa Center prior to the scheduled immigrant visa interview.

Your parent may be eligible to file Form-I-485 in order to adjust status or apply to register for permanent residence if he/she is currently in the U.S. as you file Form I-130.   This is known as the “one-step” concurrent filing where you may file the Form I-130 together with Form I-485 for your parent’s adjustment of status application.

Employment Authorization

Once your parents have been admitted as immigrants with their immigrant visas, they don’t need to apply for work permit also referred to as employment authorization. Upon arrival in the U.S., your parents will receive a passport stamp to prove that they’re allowed to work until their Permanent Resident Cards have been received.

If your parents are currently in the U.S., they are allowed to apply for travel and work authorization while the permanent resident status adjustment filing, through Form I-485, is pending.

Ensure your parents use Form I-131 to apply for travel authorization and Form I-765 to apply for employment by filing them together with the concurrent filing of Form I-130 and Form I-485.

Note: The fee to adjust status for Form I-485 will cover Form I-131 and Form I-765 until a decision is reached concerning the application for travel and work authorization, respectively.

It is important to remember that if you have siblings overseas, they’ll not be sponsored in the Family-based green card petition to bring your parents in the U.S.   Your parent can file a new petition to bring your siblings once they become permanent residents.   The wait time for that process can take many years based on current processing times.

What If Your Petition Is Denied?

If your petition to bring your parents to the United States has been denied by the USCIS, you can still appeal the decision. Your denial letter will have details on how you can appeal. It will also tell you how much time you have to file the appeal. Your appeal will be forwarded to the Board of Immigration Appeals once your appeal form and required fee have been fully processed.

The Process of Getting Family-Based Immigrant Visa/Green Card

Under American immigration laws, your parents are considered immediate relatives’. This means that the application process doesn’t have a long waiting list. However, you need to be a financial sponsor for your parents.   This means that at 125% of the United States poverty guidelines, you need to show proof, through assets or income that you are capable of supporting your parents and your family.

This is to make sure your parents are not admissible as people who are likely to receive government assistance or as likely “public charges”. Form I-864P has all the details you need to know about the current U.S. poverty guidelines.

Additionally, your parents can also be denied green cards if they’re inadmissible based on other factors such as having a record of immigration violations, having a dangerous mental or physical disorder, carrying a disease that may pose a risk to the general public or criminal convictions.

The Visa Application Process For A Immigrant Visa/Green Card

For your parents to receive permanent residence, it is mandatory that you go through the application process as required by law to receive an Immigrant Visa/Green Card.   The application process involves two main steps: First, you must get approval from the USCIS for your immigrant visa petition for your parents. This is the Form I-130 petition that must be completed in order to start the process.   Second, if your parent lives outside the U.S., they will be notified by the local U.S. consulate to submit an online DS-260 application, submit documents, and undergo an interview before the immigrant visa is processed.   But, if your parent is currently living in the U.S. legally, he/she must fill out Form I-485 to adjust his/her status. The following basic requirements must be met for the status adjustment to be completed:

• Your parent must have entered the U.S. legally
• Your parent must be physically present in the U.S.
• Your parent’s immigration petition must have been fully approved
• No change in circumstances such as the death of the sponsor

Filling out the Petition for Alien Relative form also called Form I-130 is required to prove that there exists a child-parent relationship between you and your parent and that you’re a U.S. citizen son/daughter. Therefore, when filing the petition to bring your parents to the U.S., you have to include all the necessary documents depending on your situation (as mentioned above).

You will be required to file separate I-130 petitions if you intend to bring both foreign national parents. At this stage, after the U.S. consulate has communicated to your parents to submit their application to come to the U.S., you’re required to submit an Affidavit of Support Form I-864. The consulate will schedule an interview with your parents and the immigrant visa to enter the U.S. and become permanent residents should be approved and they will receive an Immigrant Visa/Green Card.

Adjusting Status for Parents in The United States So They Can Receive An Immigrant Visa/Green Card

If your parents entered the United States legally with a visa, they can adjust their status as your immediate relatives. Meaning, they can apply for a green card, if they’re currently in the United States, without leaving the U.S.   The process of getting a green card in this situation is called “adjustment of status.” Moreover, you can concurrently submit your Form I-130 with Form I-485 without waiting for the approval of the former. If your Form I-130 was already previously filed and been approved, however, you can simply submit your Form 1-797 approval notice along with the adjustment of a status packet.

What If Your Parents Don’t Want to Live In The U.S. Year-Round?

Contrary to a common misconception, there is no minimum amount of time for your parents to live in the U.S. in order to avoid “abandonment of residence” issues. The immigration officials at the border can revoke your parents’ green cards and deny them entry even if they left the U.S. for a short time.

Furthermore, longer trips of more than six outside the United States are likely to raise questions. And, a longer trip of more than a year will raise a presumption that your parents decided to abandon their residence.   Prior to leaving the U.S., they should be applying for a re-entry permit if they know they will need to be outside the U.S. for over a year.

Therefore, it is wrong to assume that obtaining a Family-based green card for your parents facilitates long visits and easy travel. The United States immigration laws require that green card holders make their permanent home in the U.S.

Paying the USCIS Immigration Fee

You must pay the immigration fee for your foreign national parent to come to the U.S. The immigrant fee is $220 and recovers the USCIS costs of immigrant visas issued by the Department of State at U.S. Consulates and Embassies.

The fee covers the cost of processing, filing, and maintaining of the immigrant visa packets. It also covers the cost of producing Permanent Resident Cards. In order to receive an immigrant visa, foreign nationals are encouraged to pay their immigrant fee online before they depart for the United States.

If you have additional questions or would like to find out more about the process to bring your parents to the U.S. contact our firm for a consultation by contacting Immigration Law Group, LLC or by calling 866 691 9894

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How to Bring My Fiancee to the U.S. | Immigration Law Group, LLC

How to Bring My Fiancee to the U.S.

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How to Bring My Fiancé(e) to the U.S — A Comprehensive Couple’s Guide to U.S Immigration

Are you planning to permanently live together with your foreign fiancé(e) is the United States? Well, congratulations! But, before your spouse is allowed to enter the USA, you’ll need to help him or her to secure a K-1 visa.

Navigating through this bureaucratic process, however, is undeniably a daunting task, as it involves a lot of steps with plenty of paperwork to demonstrate whether your application is “bona fide”.   If you want to increase your chances of winning approval for a K-1 visa, it’s recommended to work with a reputable and trusted Immigration law firm.

In this our couple’s guide to U.S immigration, we’ve simplified the process by covering every facet in a step-by-step manner. There’s everything you need to know to secure permanent resident status and citizenship for your fiancé(e).

What is K-1 Visa?

Also known as a fiancée visa, a K-1 visa is basically a temporary visa, which is issued by the U.S Department of State (DOS) consular officer to the fiancé(e) of a U.S citizen for one reason — getting married within 90 days of admission to the U.S  This K-1 nonimmigrant visa is not issued to a fiancé(e) of a U.S Green Card holder. There’s the CR1 visa option, though. However, it takes time to process, typically two years or longer.

To qualify for a K-1 visa, you as the petitioner (U.S citizen) must convince the U.S Citizenship and Immigration Services (USCIS) agents of your intentions to establish a life together with your spouse. An application perceived as a strategy to obtain an immigration benefit will surely not win approval.

Without further ado, here are the steps you’ll need to follow to bring your fiancée to the U.S:

Step One: Assembling documents to demonstrate your application is “bona fide”

•  Schedule for an in-person meeting with your spouse

Before you start the K-1 visa application process, you should be able to prove that both of you have actually met in person outside the U.S at least within the last 2 years.

This rule does not only apply to couples who met over the internet and fell in love with each without making contact, but also those who have been apart for the last 2 years. And as part of the documentation, you can provide photos, hotel receipts, airline receipts, etc.

There’s an exception to this requirement if you can prove that traveling to meet your fiancé (e) oversees will simply lead to extreme hardship to you. Or, the in-person meeting will be a violation of certain strict well-known customs or religious traditions of your spouse.

•  Confirm you are both legally allowed to marry

Once you have met the in-person meeting requirement, you’ll need to have documents that prove both of you are free to get married in the U.S. If you have been in any previous marriages, a divorce decree, annulment, or death certificate can serve as a proof.

If your spouse already has kids, they may be allowed to come to the U.S only if they are under 21 and unmarried. Also, of course, if they want to come. And if that’s the case, their names should be included in the K-1 visa. But, kids will need a K-2 nonimmigrant visa in order to qualify for admission.

While your fiancé(e) and the kids may be eligible, you should be informed that the kids are not allowed to travel to the U.S before your spouse. Make sure the children travel with your spouse or they can follow to join at a later date. If they will travel later, then it should be within the validity of their K-2 visas.

•  Meet the visa income requirement

As a petitioner, you need to meet a certain minimum income requirement, depending on the state you live in and the number of aliens you are planning on sponsoring. This is a requirement by the government to reduce the likelihood that your fiancé(e) will become a ward of the state. You are required to sign an affidavit pledging your support to your fiancée, and then promise that for at least 10 years you won’t apply for public aid in order to help him or her.

Step two: Filing a K-1 visa petition

The paperwork process to bring your fiancée in the United States starts with filing a K-1 visa petition. But first, it’s imperative that you familiarize yourself with all the branches involved in the immigration process. There’s the USCIS, the U.S Department of State (DOS), and the Customs and Border Protection.

There are different stages involved, and their nature typically includes thoroughly verifying background and security checks on a couple. Fingerprints, biographic, or biometric data may be required to obtain the criminal history or any other information deemed necessary for visa approval.

When applying for a fiancé(e) visa, your Form 1-129F should be submitted to the USCIS center that serves the area where you live. Your form may be declined if filed at the U.S Consulate, Embassy, or USCIS office abroad.

Here is what you’ll need to do when filing for 1-129F:

•  Download the petition from the USCIS website: Be sure to carefully go through the form instructions before you start filling it out. If anything is not clear or have any questions, don’t hesitate to consult with an immigration attorney.

•  Submit the necessary list of documents to support your petition: In addition to the documents we discussed in step one above; you’ll need to provide documentary proof of your U.S citizenship. Your copies of U.S. passport or U.S. birth certificate are sufficient. Another important piece of documents are the passport-style color photographs for both you and your fiancée. However, these photos must have been taken within the 30 days before filing the petition.

Keep in mind USCIS agents may require that some documents be submitted in their original copies, especially original signed forms or letters. But don’t send originals if you are not requested to, otherwise, you risk losing your important documents.

•  Confirm the filing fee: When you’ve completed your petition, you should ensure that your check or money order is the exact amount of the required fee.  

•  Mail your documents: Assemble all the documents and be sure to double check before submitting. When satisfied, you can mail your package to USCIS.

After a petition is submitted, USCIS may mail you a notice acknowledging receipt or requesting additional evidence and information to supplement your petition.

If the documents are convincing enough to establish eligibility, the agents will approve your application. If unfortunately, your form is rejected, then you’ll receive a notification with the reasons for rejection

An approved Form 1-129F will be forwarded to the DOS National Visa Center (NVC), which is responsible for transferring the file to the U.S Embassy or Consulate in your foreign-born fiancée place of residence. You, the U.S citizen, will also receive a case number from NVC.

Step three: Applying for a visa

As soon as you receive a mail from NVC upon approval, you should inform your fiancé(e) to proceed with the K-1 nonimmigrant visa application process and follow the additional instructions such as completing the online application and sending additional required documents. You’ll also be notified of the exact date when your fiancé(e) will be required for the visa interview.

During the scheduled interview with a DOS consular officer, your spouse overseas applying for K-1 visa will need to present the following forms and documents:

•  A valid travel passport: The passport to the United States must be valid for not less than 6 months beyond the anticipated period your spouse will stay in the U.S.

•  Death, divorce, or birth certificates: Include copies of the U.S citizen petitioner as well as the fiancé(e).

•  Medical examinations: The medical examinations are mandatory, regardless of age. Such tests are performed only by panel physician authorized by the U.S Embassy or Consulate.

•  Proof of relationship: Although you had provided this in the first step of the K-1 visa application, your fiancée will also need to do the same to prove that your relationship is indeed genuine.

•  Police reports or certificates: The certificates needed must be from your fiancée’s country of residence. Police reports or certificate from the other countries where she has lived for at least 6 months can also count. This requirement is also applicable to children at least 16 years old.

•  A duly completed Form DS-160: The under 21 children of a K-1 visa applicant may be eligible to apply for K-2 visas. Both your fiancée and the kids will be required to complete Form DS-160. What they’ll need to present during the interview is a printed DS-160 confirmation page.

•  Proof of financial support: Evidence to prove that your spouse will be able to support herself/himself and not become a public charge in the U.S.

It is important to note that these are not all the requirements. The consular officer may require additional information and evidence to make a decision whether your spouse and children qualify for the K-1 and K-2 visa.

Step four: Lawful entry into the U.S (Inspection at a Port of Entry)

While a valid visa issued by DOS consular officer will enable your fiancée to travel to the US port of entry, it’s not a guarantee that they’ll be permitted to enter into the U.S. Your spouse will be required to comply with the U.S Customs and Border Protection rules and regulations.

When he or she arrives at the port of entry, they should provide the documents as asked by the CBP officers. The nature of the process typically involves presenting a traveling passport with visa. If your fiancé(e) has a sealed packet containing documents, the officers have a right to check it and make the ultimate decision.

To avoid surprises at a port of entry, it’s generally recommended for all travelers planning to enter the U.S to visit the official CBP website under travel to check out the key information in regards to admission and entry requirements.  

Step five: Getting Married

After your spouse is admitted to the US, you’ll have a 90 day period to plan and fully legalize your relationship by getting married. It’s best to make this happen as soon as possible because the marriage certificate you receive will be required when applying for a Green Card. Unfortunately, though, this specific period cannot be extended for any reason.

If by the end of this period you have not yet been married, then the temporary K-1 and K-2 visa will automatically expire. This could mean your foreign spouse together with the kids will need to depart from the United States. Failure to do this will be treated as a violation of immigration law, which could affect future eligibility.

Step six: Adjusting of Status (AOS)

With a marriage visa, your spouse is considered eligible to apply for a Green Card. They’ll need to file Form 1-485, Application to Register Permanent Residence or Adjust Status.

The children admitted as K-2 immigrants can also apply for a Green Card. Although, they are required to remain unmarried, otherwise, they’ll lose their eligibility.

After filling the application, your wife or husband should check their email regularly. It is because USCIS may mail them a request for additional information or an appointment notification requiring a couple to attend an interview. The interviews will not take much of your time, as they last for about 30 – 45 minutes.

USCIS usually schedules for interviews during the adjustment of status, because they want to fully confirm the documents and information that a couple had submitted on the application.

Interviews also provide the officers in charge of the application an opportunity to see whether circumstances have changed, rendering you ineligible for an adjustment of status.

While each case is different, the AOS process may take 6-8 months. And if at the time of approval the length of your marriage is less than 2 years, your spouse will receive a Green Card with a conditional permanent resident status for 2 years which must be renewed in 90-day window prior to 2 year anniversary of green card issuance.   In all cases, notifications of these immigration benefits are made in writing.

To secure permanent resident status as a conditional resident, your spouse must file Form 1-751 within the last 90 days before their Green Card becomes invalid.

If you have been married to your spouse over 2 years at the time of green card issuance, your spouse will obtain a 10-year unconditional green card.

There you have it! Contact us today or please call us with any fiancee visa questions at (866)691-9894.

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Bringing partner to America Visa

How to Remove Conditions on my 2-year Green Card?

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How do I remove conditions (I-751) on my 2-year conditional Green Card?

First, check the expiration date on your 2-year conditional green card. You may not file Form I-751 to remove conditions until you are within 90 days of the green card’s expiration date. Both you and your spouse are Joint Petitioners of the application this time around. What this means is that both of you must sign and certify in the Form I-751 that you have still been living together in a genuine marital relationship since you first received the initial 2-year marriage-based green card.   You will need to remember where you lived together for the past 2 years, the application will also allow you to include any new members of the family such as your new-born baby!

What info do I need to complete Form I-751?

You must complete Form I-751 which will ask for your biographic information and your residence history since you last applied.   You will also be asked for your petitioning spouse’s biographic information as well as listing any children you have together.   If you have many addresses to list, there is an addendum to the form where you can list the complete addresses and dates of the additional addresses.   The form is relatively straight-forward to complete.   However, an attorney who can review the form or prepare it on your behalf will ensure you check the correct eligibility category and make sure the application is done right the first time around.

What other documents do I need to prepare for the I-751?

The documents needed are similar to the joint documents you included in your I-485 application a few years ago.   You will need to prove you and your spouse was living together for the past two years since you received your green card.   These documents can include your lease agreement, jointly filed tax returns, joint bank statements, joint billing statements, joint insurance policies, photos together spanning the past 2 years.   When including photos, it is a good idea to also include a caption for each photo that lists the date, event, and location.   For example, 02/14/2019, Valentine’s Day Dinner at the Portland City Grill, in Portland, Oregon.   Also, when including monthly statements, each statement should be provided from the time you received your initial green card to present time.   You can also request letters of support from family or friends who can attest to their knowledge that you and your spouse have been in a legitimate marital relationship for the past two years.

What is the expected wait time for me to receive my 10-year unconditional green card?

Currently, the wait time for your green card to arrive can be 18 months time. In fact, after mailing out your initial I-751, the receipt notice will indicate that you have received an 18-month extension.   During this time, you will be able to continue to work and travel as you would when you had your unexpired initial green card. However, the receipt notice for the I-751 acts as a substitute for your green card. The receipt notice automatically extends your permanent resident status as you await a final decision on the pending I-751. Therefore, you can show this original receipt notice to any prospective employer, or agency that needs to verify your lawful permanent resident status in the U.S.

Can I apply for U.S. citizenship if my I-751 is still pending?

Yes, you can! If your I-751 has been pending for a year, and you are still living together with your petitioning spouse, more likely than not, you will be eligible to apply for U.S. citizen based on marriage for at least three years as a permanent resident. However, you can apply even sooner through the 90-day rule which allows you to apply as soon as 2 years and 9 months from the date your green card was issued. This means that often times, while the I-751 is pending, you can prepare to file the form N-400 for citizenship. Once you are able to attend the citizenship interview, the officer will see that the I-751 is still pending and be able to adjudicate both applications at the same time. This will allow you to continue to process your applications despite the increased delays in I-751 petition processing.

If you have any questions regarding the I-751 application process, call us today at  866 691 9894 to set up a consultation.

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