Tag: uscis

Categories
Updates

What you need to know about the proposed US Citizenship Act of 2023

What you need to know about the proposed US Citizenship Act of 2023
Share this:

A new bipartisan immigration bill was introduced in the US House of Representatives on May 23, 2023. 

The bill, which is called the US Citizenship Act of 2023, would create a pathway to citizenship for undocumented immigrants who meet certain requirements. The bill would also provide funding for border security and immigration enforcement.

Why it matters for migrants

The bill has been praised by immigration advocates, who say it would provide a much-needed pathway to citizenship for undocumented immigrants. 

However, the bill has also been criticized by some immigration enforcement advocates, who say it would weaken border security.

Here are some of the key provisions of the bill:

  • Pathway to citizenship: The bill would create a pathway to citizenship for undocumented immigrants who meet certain requirements, including paying taxes, passing a criminal background check, and learning English.
  • Funding for border security: The bill would provide funding for border security, including physical barriers, technology, and personnel.
  • Immigration enforcement: The bill would reform immigration enforcement, including reducing the number of people who are detained and deported.

It is unclear whether the bill will pass the US Senate. However, the fact that it was introduced by a bipartisan group of lawmakers is a sign that there is some support for immigration reform in Congress.

What aspiring migrants can do

The bill is a significant step forward in the fight for immigration reform. It is important to stay engaged and let your elected representatives know that you support this bill.

Here are some things you can do to support the bill:

  • Sign a petition in support of the bill.
  • Call or email your elected representatives and urge them to support the bill.
  • Attend a rally or event in support of the bill.
  • Donate to an organization that is working to pass the bill.

The bill might take a long time to get passed, and might be blocked from becoming a law. 

Until then, if you or someone you know need to find a pathway to citizenship now, reach out to a trusted immigration lawyer.

Categories
Updates

Citizenship, naturalization, and adopted children: The USCIS makes a clarification

Citizenship, naturalization, and adopted children: The USCIS makes a clarification
Share this:

The USCIS on April 21 announced an update on its policy manual to clarify guidance regarding the application of citizenship and naturalization provisions on adopted children.

This includes:

  • The requirements for adopted children to meet the definition of a child for citizenship and naturalization purposes, including having an adoption that is considered full, final, and complete for immigration purposes;
  • The eligibility for US citizenship for adopted children who reside in the United States and how to obtain a Certificate of Citizenship;
  • The eligibility for US citizenship for adopted children who reside outside of the United States and how to apply for citizenship and issuance of a certificate; and
  • The guidance on the acquisition of citizenship and naturalization when an adoption is disrupted or dissolved.

This update does not mean any change for the requirements for adopted children to become US citizens.

Need help with naturalization? Reach out to your trusted immigration lawyer.

Categories
Updates

USCIS removes 60-day rule for the green card medical exam form

USCIS removes 60-day rule for the green card medical exam form
Share this:

For everyone filling up their green card medical application form, the US Citizenship and Immigration Services (USCIS) has made your lives easier.

The USCIS has removed the 60-day rule for civil surgeon signatures on the immigration medical exam. Now, you can file a signed form up to 2 years from when the civil surgeon signed it.

Why does this matter?

Before, the USCIS strictly demanded that civil surgeons sign at at most 60 days before the form’s submission.

For many busy immigrants, this was a steep ask, even a costly one since getting that signature then submitting the form has meant days taken off from their routine.

What should you do with the extra time?

With more time, green card applicants can spend more time making sure that their application is complete.

For those having trouble with their medical exam, this could mean more time to look for a doctor they can trust and then meeting them at their most convenient time.

How do I find a civil surgeon?

The USCIS has a list of approved practitioners on their website. The medical examination involves physical examination and blood and urine tests. It also includes a check on your immunization against diseases.

Bring your passport and your immunization records so that the civil surgeon can easily check your immunization history.

Medical examination on Form I-693 are part of an Application for Adjustment of Status to resident status.  They are usually filed simultaneously with I-485s and I-130s forms.

Categories
Updates

Latest: On Green Cards and being a “Public Charge”

Latest On Green Cards and being a Public Charge
Share this:

The US Citizenship and Immigration Services (USCIS) has announced changes to Form I-485 or the Form for Adjustment of Status.

The change includes a new “public charge” portion, and some new questions for green card applicants.

The changes have been applied since December 23, 2022, according to the USCIS.

First, let’s review what a public charge is. Being a public charge means that a person is “primarily dependent” on the government, making them a “charge” to the public rather than a contributor. 

Green card applicants are not admissible to the US if they are likely to be a public charge. 

The keyword is self sufficiency.

The change is with proving one’s self sufficiency. Under the Trump administration, there was a whole separate form, the Declaration of Self Sufficiency, to prove that one was not likely to become a public charge. 

Under the Biden administration, some of the information asked by the discarded form will be included in the Form I-485.

Here’s what Boundless found: In the preview of Form I-485, if an applicant answers “yes” to being subject to public charge ground of inadmissibility on their form, they must provide the following information:

  • Household size
  • Annual household income
  • Total value of household assets
  • Total value of household liabilities
  • Highest degree or level of school completed
  • List of work-related skills, certifications, licenses, educational certificates
  • If an applicant has ever received cash benefit programs for income maintenance
  • If an applicant has ever received long-term institutionalization at the government’s expense

For guidance on getting a green card and navigating these new rules, reach out to a trusted immigration lawyer.

Categories
Updates

Who’s a ‘public charge’? Here’s how USCIS will decide

Who’s a ‘public charge’? Here’s how USCIS will decide
Share this:

Come December 23, 2022 the US Citizenship and Immigration Services (USCIS) will follow new rules to determine whether a person seeking residence is a “public charge.”

Being deemed a public charge – someone who causes more burden than benefit to the United States – can determine admission into the US and the chance to become a lawful permanent resident.

This is very important especially for noncitizens, since many have reportedly withdrew themselves from availing of public benefits because of the fear of being seen as a public charge.

Let’s talk about what the USCIS’s new standards starting December 23, 2022.

Under the final rule, USCIS will determine if you are likely to become a public charge based on the following:

  1. Your age, health, family status, financial status (including assets and resources), education, and skills;
  2. Whether a sponsor has submitted Form I-864, Affidavit of Support Under Section 213A of the INA, for you (when required)
  3. Whether you have received or are receiving:
  • Supplemental Security Income (SSI);
  • Cash assistance for income maintenance under Temporary Assistance for Needy Families (TANF);
  • State, tribal, territorial, or local cash benefit programs for income maintenance (often called “General Assistance”); or
  • Long-term institutionalization at government expense.

DHS will not consider in public charge determinations – benefits received by family members other than the applicant.

  • receipt of certain non-cash benefits for which noncitizens may be eligible. 

These benefits include: Supplemental Nutrition Assistance Program (SNAP) or other nutrition programs, Children’s Health Insurance Program (CHIP), Medicaid (other than for long-term institutionalization), housing benefits, any benefits related to immunizations or testing for communicable diseases, or other supplemental or special-purpose benefits.

To ensure that USCIS agents will enforce these standards fairly and humanely, the Department of Homeland Security will publish a policy manual update to guide officers.

The DHS will also reach out to communities to clarify what the new rules mean for them, their families, and the people they care about who might be scared of being labeled as a public charge.

To learn better about how to avoid being seen as a public charge, reach out toa trusted immigration lawyer.

Categories
Updates

USCIS Extends Green Card Validity Extension to 24 Months for Green Card Renewals

USCIS Extends Green Card Validity Extension to 24 Months for Green Card Renewals
Share this:

On Sept. 26, 2022, USCIS automatically extended the validity of Permanent Resident Cards (also known as Green Cards) to 24 months for lawful permanent residents who file Form I-90, Application to Replace Permanent Resident Card (Green Card).

USCIS is in the process of sending out amended receipt notices for individuals with a pending Form I-90. You can present an amended receipt notice with an expired Green Card as evidence of continued status. By presenting your amended receipt notice with your expired Green Card, you remain authorized to work and travel for 24 months from the expiration date on the front of your expired Green Card.

If you are in urgent need of evidence of status while you wait for your amended receipt notice or your replacement Green Card, or if you need another in-person service, you may call the USCIS Contact Center to request an appointment. We encourage you to wait for your amended receipt notice instead of scheduling an appointment that you may not need.

More Information
Please visit USCIS website for more information on the extended green card validity or contact us for assistance. 

Categories
Updates

A surplus of work-based visas ends 2022

Share this:

The United States Citizenship and Immigration Services (USCIS) reached the maximum number of people who can get employment-based visas for 2022.

Earlier this month, the USCIS announced that over 70,000 visas were left to be allocated before the end of the fiscal year, which is on September 30, 2022.

By the end of the month, the USCIS announced that almost all of these visas have reached their limits and new applicants should come back for the next fiscal year.

Why is there a surplus of visas at the end of the year?

This is because the USCIS and the Department of State (DOS) publicly committed to maximizing all employment-based visas for 2022. 

The USCIS even encouraged immigrants to apply earlier this year.

This is in keeping with the Biden administration’s thrust towards giving immigrants more opportunities to stay in the United States all while letting them contribute to the country through their work.

Will the USCIS and DOS do the same for the next year?

For immigration advice for fiscal year 2023, consult with your trusted lawyer.

Categories
Updates

Public charge immigrant? Biden admin rolls back Trump-era rule

Share this:

The Biden administration is moving towards loosening requirements for permanent residency which took effect under former president Donald Trump.

A new Department of Homeland Security regulation will make it easier for some immigrants to evade being disqualified from obtaining residency through the “public charge” principle.

Immigrants are labeled “public charge” if they are seen to be more of an economic burden than a contributor to the United States. 

Under president Trump, the government expanded the definition of benefits so that these could be used against immigrants seeking permanent residency.

With the new regulation – which is coming this December 23, 2022 – the United States Citizenship and Immigration Services (USCIS) will only consider immigrants as “public charge” if “they are likely at any time to become primarily dependent on the government for subsistence.”

While it is months away, the Biden administration has stopped enforcing the public charge rules since the beginning of its term. With the upcoming regulation, the fear of many immigrants who could be labeled as public charge will be abated.

On one hand, the Trump administration then argued that their policy would push immigrants to work harder, but advocates have condemned the policy as too harsh for the vulnerable immigrant population.

There are hundreds of thousands of immigrants who seek green cards per year in the United States. There are also those who get residency through being refugees or getting asylum, which are categories where public charge rules do not apply.

For more information about the new regulation, consult with your trusted lawyer.

Categories
Updates

How to Reschedule Your Biometrics Appointment

How to Reschedule Your Biometrics Appointment
Share this:

Depending on the type of application you file with USCIS, you may be required to appear at a USCIS office for a biometrics appointment. For example, biometrics may be required if you file an I-485 (adjustment of status or green card application), I-765 (application for employment authorization document), I-131 (application for travel document), or an I-539 (application for extension or change of status). During a biometrics appointment, USCIS will collect your fingerprints, a photo, and a sample of your signature.

How to Know If a Biometrics Appointment Is Required
If you are required to appear for biometrics, USCIS will mail an appointment notice to your address and your attorney’s address. The notice will tell you when and where USCIS expects you to appear. You should make every effort to go to your biometrics appointment as scheduled. Rescheduling the appointment will take time and likely delay processing of your application.

If you cannot make it to your scheduled biometrics appointment, you may contact USCIS to reschedule according to the appointment notice’s instructions or the following procedure:

  1. Call the USCIS Contact Center at 1-800-375-5283 before the date and time of your original appointment.
  2. Explain why you have “good cause” for rescheduling.
  3. Wait for a USCIS scheduler to call you back with a new date and time. Please note: USCIS often takes multiple days or weeks to respond to a rescheduling request.

It is vitally important to call as early as possible to request rescheduling. If you do not call USCIS before your scheduled appointment, or if USCIS thinks you do not have good cause to reschedule, they may not agree to reschedule the appointment. If USCIS refuses to reschedule or you do not hear back from them in time and you do not attend the original appointment, your underlying application may be considered abandoned and be denied.

To find out more about rescheduling or determining if you are eligible to reschedule an appointment, we encourage you to reach out to Tancinco Law through our website at www.tancinco.com or law@tancinco.com or call us at 1-888-930-0808.