Tag: uscis

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Court Temporarily Blocks Increase in USCIS Filing Fees

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On September 29, 2020, the U.S.  District Court for the Northern District of California granted the motion for a preliminary injunction filed by eight non profit organizations that provide a variety of “services benefitting low-income applicants for immigration benefits.”

The court orders the suspension of the implementation and the effective date of USCIS Immigration Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements, 85 Fed. Reg. 46,788 (Aug. 3, 2020) (the “Final Rule”) in its entirety pending final adjudication of this matter.

Court also ordered Defendants Wolf, in his official capacity under the title of Acting Secretary of DHS; Cuccinelli, in his official capacity under the title of Senior Official Performing the Duties of the Deputy Secretary of DHS; DHS; and USCIS, and all persons acting under their direction, to suspend the implementation or enforcement of the Final Rule increasing the fees

This order will take effective immediately and will remain in effect pending trial of the case. On October 1, 2020, USCIS issued an update stating that while the rule is preliminarily enjoined, USCIS will continue to “accept USCIS forms with the current editions and current fees” and “use the regulations and guidance currently in place to adjudicate applications and petitions. This includes accepting and adjudicating fee waiver requests as provided under Adjudicator’s Field Manual (AFM) Chapters 10.9 and 10.10.”

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Updates

Visas Available for Filipino Registered Nurses, Physical Therapists & Other Healthcare Workers (including Caregivers)

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October 2020 Visa Bulletin Indicates Priority Dates for EB3 are “Current”

In a recent positive development for visa applicants under the employment-based third preference (often referred to as EB3) category visa, the Department of States just released its October 2020 Visa Bulletin on September 24, 2020. The new release shows that ALL employment-based preference categories for Filipino nationals are now current. When a priority date of a visa petition is current, it means that the visas are available. Many Filipino EB3 visa applicants will benefit from this visa availability including professionals, skilled or even unskilled workers. To take advantage of this visa availability, however, one need to understand the process of immigrating to the United States through employment-based preference categories.

Concurrent Filing of Employer Petition and Adjustment of Status

Persons seeking to immigrate to the United States as employment-based immigrants undergo two processes before an immigrant visas can be issued.

First, they must establish that they qualify in one of the employment-based immigrant categories, by having an employer file an “Immigrant Petition for Alien Worker”.

Second, is either the “Adjustment of Status” for those who are already present in the United States; or, “Consular Processing” for those who are still outside the United States. For those who are already in the US, the Adjustment of Status, can be concurrently filed with the employer petition.

The U.S. Citizenship and Immigration Services (USCIS) does not have to require a previous approval of an employer petition before being able to pursue the second step of the Adjustment of Status process. This is the “concurrent filing” which allows persons applying for permanent residence to file both the Application to Register Permanent Residence together with the employer’s Immigrant Petition for an Alien Worker. This is a huge advantage as applicants who are currently inside the US can wait for their greencard approvals in the United States (without needing to leave the country) and at the same time be qualified to get an employment authorization card pending the greencard approval.

Concurrent filing affects only the Adjustment of Status process and is permitted for applicants who are already in the United States and does not apply to those pursuing consular immigrant visa processing at the U.S. Embassy. It is important to remember, however, that there are numerous legal requirements that an applicant needs to qualify in order to benefit under this concurrent filing procedure. Among others, the applicant is required to be in “lawful” status or has 245(i) eligibility and not subject to grounds of inadmissibility.

Pre-Certified Occupations: Nurses & Physical Therapists

This new development benefits EB3 immigrants who are professionals, as well as other skilled or unskilled workers whose PERM applications have already been approved. Those exempt from the labor certification and who are considered pre-certified under the Schedule A occupations as per Department of Labor regulations may also concurrently file their applications.

There are a significant number of Filipino professionals who are beneficiaries of existing EB3 petitions. But we also know that there are many more Filipino nurses and physical therapists who are already pre-certified and can immediately take advantage of this visa availability. Schedule A occupations are those jobs for which there are not a sufficient number of U.S. workers who are able, willing, qualified, and available to fill the number of available jobs that exist in the United States, and the wages and working conditions of U.S. workers similarly employed will not be affected by the employment of foreign workers in Schedule A occupations. Currently, there are only two designated Schedule A occupations: First are the RNs; and, and Second, are the Physical Therapists.

Other health care workers such as licensed vocational nurses (LVNs), licensed practical nurses (LPNs), certified nurse assistants (CNAs), as well as nurses’ aides and caregivers do not qualify for Schedule A pre-certification. However, they may still qualify and benefit under this concurrent filing if they have approved Labor Certifications or PERMs.

Due to the pandemic and the visa restrictions brought about by Trump Proclamations, there have been very few family-based visas that were issued the past few months; thus, resulting in excess visa numbers that were re-allocated to the employment-based petitions. The forward movement of the priority dates is a result of the infusion of unused family-based visa numbers to the employment-based visas for Fiscal Year 2020.

It is uncertain as to when the employment-based preference categories for Filipino nationals will remain current. But for now until October 31, it is encouraged that those who do qualify explore ways to immediately apply for the visas while the availability remains current for it is unknown when the backlog will build up again.

(Lourdes ‘Atty Lou’ S. Tancinco is an immigrant advocate and legal counsel based in San Francisco CA. She is the principal and co-founder of Tancinco Law PC and may be reached at law@tancinco.com, tancinco.weareph.com/old, facebook.com/tancincolaw, LinkedIn or at 1-888-930-0808)

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Updates

What USCIS Employees’ Furlough Mean to Visa Applicants

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Beginning August 31, 2020, USCIS will operate with only one-third of its usual staff. According to USA Today, notices were already sent to 13,400 USCIS employees that they will be furloughed as of August 30, 2020.

Most USCIS operation costs are taken from fees that are paid by applicants or petitioner’s. But for this specific year, USCIS claims that because of COVID-19, there were less revenues received resulting in a budget shortfall. The agency was requesting Congress for a $1.2 billion bailout through the coronavirus emergency package which unfortunately was never passed into law. Claiming a shortage in budget, USCIS made a decision to furlough two thirds of its employees until a budget is allocated by Congress.

As a result of this impending furlough, several immigration related petitions and applications will be affected which includes among others:

  1. U.S. citizenship applications;
  2. Permanent residents needing to renew or replace their green cards;
  3. Applicants for employment authorization documents;
  4. DACA applicants seeking renewals of their deferred action and EADS;
  5. U.S. citizens and permanent resident petitioning their families;
  6. Applicants for adjustment of status, and;
  7. Petitions by US employers.

While these applications and petitions may still be filed, the fact that USCIS is operating with a skeletal staff means more delays in the adjudication process. Interviews of visa applicants before immigration offices will also be delayed if not suspended during the furlough.

Senator Patrick Leahy, Vice Chair of the Senate Committee on Appropriations tweeted on August 18, 2020 that USCIS has sufficient funds to avoid furloughs. In his letter to DHS, Senator Leahy said that USCIS has consistently projected that it has a carryover balance even after this fiscal year. He asked USCIS to reconsider its decision to furlough the 13,400 employees.

If Senator Leahy’s statement is accurate, what is then the reason for this furlough? Could it just be the administration’s policy decision to suspend immigration rather than a budget issue?

(Atty. Lourdes S. Tancinco is an immigrant advocate and legal counsel based in San Francisco CA. She is the principal and co-founder of Tancinco Law Offices and may be reached at law@tancinco.com, tancinco.weareph.com/old, facebook.com/tancincolaw, or at 1-888-930-0808)

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Updates

USCIS Fees Increase on October 2020: Citizenship Application Fee up by 80%

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On August 3, 2020, USCIS published a Final Rule that significantly increases the USCIS fee schedule by adjusting fees by a weighted average increase of 20 percent, adding new fees, establishing multiple fees for nonimmigrant worker petitions, and limiting the number of beneficiaries for certain forms.

Notable among the applications affected by the increases are the following:

  • naturalization/citizenship applications (from $640 to 1160)
  • adjustment of status (from $750 to $1,130)
  • employment authorization documents ($410 to $550)
  • N336 appeal from N400 denials from $700 to 1,725).

The complete list of the changes in fees may be found on the government website: www.uscis.gov.
The rule also removes certain fee exemptions, changes fee waiver requirements, alters premium processing time limits, and modifies certain inter-country adoption processing.

The new fees will take effect by October 2, 2020.

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Updates

DHS Memorandum Policy on DACA contrary to Supreme Court ruling

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On June 18, 2020, the U.S. Supreme Court handed a decision invalidating the September 2017 Trump’s administration’s rescission of the Deferred Action for Childhood Arrivals (DACA). After one month from the decision, on July 28, 2020, the Department of Homeland Security (DHS) issued a Memorandum affecting more than 640,000 DACA recipients. The Memorandum states that it will begin to wind down legal protections for hundreds of thousands of Deferred Action for Childhood Arrivals (DACA) recipients. While it conducts a review of the program it will reject all initial DACA applications and will limit the protection for those renewing their DACA applications to one year, rather than two years.

1. What Does This New Policy Mean To The DACA Recipients?

Two categories of DACA recipients are affected: first, the current DACA recipients or those who are already receiving the DACA protections from June 2012 to the present; and second: new DACA applicants: those who became eligible beginning September 2017 were it not for Trump’s rescission.

For the first category, current DACA recipients: They will be limited to one year protection and one year employment authorization card instead of the usual 2 years. Furthermore, they will not be allowed to apply for advance parole.

For the second category, new DACA applicants who have been eligible for DACA are now prevented from applying for DACA protections because of the Trump administration’s recent policy memorandum. These are the thousands of young immigrants who have been waiting to qualify and apply for DACA protections.

2. What are the Administration’s reasons for limiting the applicability of DACA?

The reasons are stated in the DHS memorandum released: (1) Congress should have sole authority to resolve whether DACA should continue and (2) concerns about enforcement policy that enforcing the law against those in unlawful status will not be consistently exercised if it favors a group like the DACA population. These are all flimsy excuses that run contrary to vast majority of the Americans who support protection for these young immigrants. And more importantly, these reasons do not justify issuance of this policy that runs contrary to a judicial decision of the Supreme Court and that of the District court of Maryland requiring the USCIS to accept new DACA applications.

3. What steps should present and future DACA recipients take in view of this new policy?

In view of this policy, DACA recipients should be aware of the limitations of their protections which is only one year now, and that they should not allow their DACA protections and employment cards to expire. If their employment cards are expiring the DACA recipients should renew early. And for new DACA applicants, they should hold off to the filing of new applications until this policy is reversed or rescinded. For our readers, please contact your legislators to urge them to pass the The American Dream and Promise Act, a bill if enacted would result in a permanent fix to this issue of our Dreamers by creating a pathway to U.S. citizenship.

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Updates

Expanded Public Charge Rules Suspended During the Pandemic

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On July 29, 2020, U.S. District Court Judge George B. Daniels of Southern District of New York issued a nationwide injunction barring the Department of Homeland Security from enforcing the Trump’s Administration’s public charge rule during the declared national health emergency in response to the COVID-19 pandemic.

The new public charge rule that took effect in February 2020 makes it harder for foreign nationals to obtain green cards or even to extend or secure non-immigrant status. It was intended to discourage immigrants from utilizing government benefits and penalizes them for receipt of financial and medical assistance.

Judge Daniels also issued a nationwide injunction barring the Department of State (DOS) from enforcing its version of the public charge rule and its attendant health insurance proclamation for visa applicants abroad.

The subsequent decisions by the Second Circuit decision in Make the Road New York v. Cucinelli on August 4, 2020, and the Fourth Circuit decision in Casa de Maryland, Inc. v. Trump on August 6, 2020, do not impact this nationwide injunction.

Judge Daniels stated in his decision that there is ample evidence to show that because of the new public charge rule immigrants who do not have the financial capacity to seek medical care are discouraged from seeking testing and treatment for COVID-19, which impedes public efforts to stop the disease from spreading. So any person who does not access health care risks everyone of us from being infected with the coronavirus. It recognizes that every member of communities in this country including immigrants are able to access necessary resources they need to keep themselves healthy and safe.

Impact of the Decision
USCIS stated that for applications and petitions that USCIS adjudicates on or after July 29, 2020, it will not consider any information provided by an applicant or petitioner that relates to the Public Charge Rule, including information provided on the Form I-944, or information on the receipt of public benefits in Part 5 on Form I-539, Part 3 on Form I-539A or Part 6 on Form I-129.

Moreover, applicants and petitioners whose applications or petitions are postmarked on or after July 29, 2020, should not include the Form I-944 or provide information about the receipt of public benefits on Form I-485, Form I-129, or Form I-539/I-539A.

USCIS also indicated that it will issue guidance regarding the use of affected forms. In the interim, USCIS will not reject any Form I-485 on the basis of the inclusion or exclusion of Form I-944, nor Forms I-129 and I-539 based on whether Part 6, or Part 5, respectively, has been completed or left blank.

Availing of the Expanded Public Benefits Without Immigration Consequences
The Administration’s new public charge rule often referred to as the wealth test was enacted and made effective in February 2020 expanded the list of programs that will be considered as public benefits. So with this ruling the expansion of the list of benefits will not apply like access to publicly provided medical programs, food and housing assistance. Just like anyone of us, we all need to be able to access life-saving healthcare, food assistance and other essential services to protect our families without fear of being separated from our families or being denied visas in the future.

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Updates

10 Essential Info About Trump’s Ban on Legal Immigration

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On June 22, 2020, President Trump issued a second proclamation “Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak.” This proclamation became effective on June 24, 2020 and will expire December 31, 2020.

1. What is the effect of the June 2020 Proclamation on legal immigrants?

The June 22, 2020 Proclamation (June Proclamation) extends the April 2020 Proclamation which suspended the entry of certain immigrants into the United States until December 31, 2020. It expanded also the ban on certain visa applicants mostly employment based nonimmigrant visas

The Proclamation suspends the issuance of visas for those seeking entry pursuant to a(n):

  • H-1B visa and any foreign national accompanying or following to join them;
  • H-2B visa and any foreign national accompanying or following to join them;
  • J visa, to the extent the foreign national is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any foreign national accompanying or following to join them; and
  • L visa, and any foreign national accompanying or following to join them

Significant number of Filipino visa applicants and businesses under the above mentioned categories(H1B, J and L) will be adversely impacted by this suspension. For the H2B visa category, Philippine nationals have already been barred from receiving this visa in the last 2 fiscal years.

Those severely affected are those outside the United States.

2. Who are NOT affected from the suspension of immigration?

Among others, these are the categories of individuals who are not affected by the Proclamation:

  1. Those adjusting status in the United States.
  2. Green card holders or immigrant visa holders at the time of the proclamation. If an individual is already in possession of an immigrant visa or green card before the Proclamation, they can still travel back to the United States.
  3. Those with temporary travel documents can still enter the U.S. Examples are individuals in possession of transportation letters issued by the U.S. Embassy, re-entry permits and advance parole issued by the U.S. Citizenship and Immigration Services (USCIS)

3. Can you explain what the “National Interest Exemption” is about?

The Proclamation on suspension of visas will not apply and consular officers will still grant issuance of visas if the visa applicant can prove that his/her case falls under the national interest exemption.

For purposes of determining who is covered under the “national interest” exemption, the Proclamation directs the Secretaries of State, Labor, and Homeland Security to determine standards for those to whom such an exemption would be available, including any individuals who:

  • are critical to the defense, law enforcement, diplomacy, or national security of the United States;
  • are involved with the provision of medical care to individuals who have contracted COVID-19 and
  • are currently hospitalized;
  • are involved with the provision of medical research at U.S. facilities to help the United States combat COVID-19;
  • are necessary to facilitate the immediate and continued economic recovery of the United States; or
    are children who would age out of eligibility for a visa because of this proclamation or Proclamation 10014.

4. What about other non-immigrant visas such as fiance, student and visitors visa holders are they still allowed to travel to the United States?

The June proclamation explicitly mentions the type of temporary visas that are suspended. These include mostly employment based visas: H1b, H2b (working visas); L1 (intra-company executives transferees); and J1 visas (seasonal workers in the hospitality industry, students on work-study summer programs and au pairs who arrive under other auspices).

June 2020 Proclamation does not ban other visas such as the visitors visas, fiance visas, student visas and the investors visas among others. So as soon as the U.S. Embassy opens to provide their regular consular services, applicants for the other types of visas that are not included in the proclamation may still pursue their application. Also, those who are in possession of non-immigrant visas not enumerated in the proclamation may still use their validly issued visas to travel.

5. A beneficiary of an approved visa petition was issued a printed immigrant visa on his passport after an interview with the consular officer at the U.S. Embassy. He was not able to enter travel to the U.S. yet and now wants to plan on going to the U.S. He is afraid that the Trump Proclamations will apply to him and would result in his inability to travel to the U.S. Will this individual be prevented from entering the United States because of the Proclamation?

No. The Proclamation does not affect those who are in possession of immigrant visas. Although he has not received his actual green card, he is considered to have gone through a completed process for him to be considered as an immigrant visa holder, hence, he can travel to the United States.

6. If the individual who was issued an non-immigrant employment based visa (H1B, L or J) or immigrant visa by the U.S. Embassy is not ready to travel to the United States during this COVID-19 pandemic, will he risk losing his immigrant visa by revocation?

No. Valid non-immigrant visas issued before the June proclamation and that were not used for travel will not be revoked under this Proclamation.

7. An adjustment of status applicant left the United States for a temporary visit abroad, will this adjustment applicant be able to return with his advance parole document?

Yes. An advance parole is considered as a travel document not covered by the Proclamation, hence this individual may travel back to the U.S. using his advance parole document.

8. A lawful permanent resident plans to file a visa petition for his minor children, will he be permitted to file a visa petition with the USCIS?

Yes, lawful permanent residents may still file for visa petitions on behalf of their minor children. What the Proclamation prohibits is the issuance of visas for these individuals. The proclamation exempts only minor children and spouses of U.S. citizens.

9. A visa petition was approved for a parent of a U.S. citizen. The parent was already interviewed before the Proclamation effectivity date of April 23, 2020 but no visa has been issued yet. Can this parent follow up on the issuance of his visa and travel to the United States?

No. Clearly, under the April Proclamation, which effectivity was extended until December 31, 2020, parents of U.S. citizens who have not been issued visas or are not in possession of visas may not be allowed to immigrate temporarily. They are covered by the Proclamations and are not exempt from the ban.

10. A child beneficiary of a preference immigrant visa petition is turning 21 years old and will age out during the period of suspension, what steps can s/he take before losing the opportunity to immigrate as a minor derivative child?

One of the categories of visa applicants that is part of the national interest exemptions refers to children who are aging out or turning 21 years old. This category will be exempt from the ban. So it is important to take steps and seek to qualify the aging out child as an exempt visa applicant quoting the provision under the national interest exemptions.

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Updates

How Recent COVID-19 Operational Changes in U.S. Immigration Agencies Impact Your U.S. Immigration Petitions/Status

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As most U.S. government agencies resume operation, Tancinco Law, P.C. compiles a summary of what you need to know about your immigration petitions pending with different offices. In addition, we also have described travel restrictions imposed in the Philippines and the United States as it relates to a Filipino/American citizen traveler.

U.S. CITIZENSHIP AND IMMIGRATION SERVICE (USCIS)

Emergency Services

On June 4, 2020, the local U.S. Citizenship and Immigration Services announced that their local offices have re-opened for non-emergency in person services. As of this writing, USCIS is only scheduling local InfoMod appointments. These are cases where the individual has an emergent need such as ADIT stamp or proof of lawful residence and issuances of advance parole.  Physical interview schedules or rescheduled on immigrant benefit applications are yet to be mailed. Slowly USCIS will safely resume in person services. Those who need emergency document services may make an appointment www.uscis.gov/contactcenter or call 1 800-375-5283.  There will be no entry for those with no appointments. No walk in visits at the USCIS.

Naturalization: Oath Taking Ceremonies 

Notices of rescheduled oath taking ceremonies will be mailed out. So those who passed their citizenship tests and are waiting to take their oath will soon receive notices. As USCIS safely resumes in-person services, some naturalization ceremonies may be conducted differently than in the past. You may receive supplemental information from USCIS that provides detailed instructions for your ceremony. 

Biometrics

USCIS announced that in certain cases, it will issue notifications of biometrics reuse to eligible individuals instead of coming to the Application Support Center for biometrics. For those not eligible for the reuse of biometrics, notices of new schedule will soon be mailed on their cancelled biometrics appointments. If you do not receive notification of biometrics or appointments within 90 days of USCIS opening, you may call 1-800-375-5283.

DEPARTMENT OF STATES: CONSULAR PROCESSING

NATIONAL VISA CENTER (NVC)

Applications and submissions of documents with the National Visa Center’s online platform ,CEAC, is fully operational.

As of June 1, 2020, the National Visa Center will no longer accept or respond to inquiries through mail. Inquiries including urgent medical or humanitarian situations are to be submitted through a Public Inquiry Form at https://nvc.state.gov/inquiry. As of June 1, 2020, NVC is responding to inquiries received on May 23, 2020.

Documents will only be mailed if there are explicit instructions from the National Visa Center to do so and those instructions were received through email, telephone call or letter from the National Visa Center.

Beneficiaries of visa petitions are reminded of the “one year contact” requirement that they should apply for the immigrant visa within one year of notice of visa availability or risk termination of the registration  or revocation of the visa petition.

U.S. EMBASSY IN MANILA

The Department of State announced that each post will reopen on their own timeline based on the situation in the respective country. 

On Visa Applications and Interviews:

As per June 8, 2020 communication with the U.S. Embassy in Manila the following response was provided:

The U.S. Embassy in the Philippines has canceled all immigrant and nonimmigrant visa interviews scheduled through July 3 due to the Philippines’ community quarantine measures to reduce the spread of COVID-19.

We will resume routine visa services as soon as possible but are unable to provide a specific date at this time. We appreciate your patience and understanding.

After the community quarantine is lifted in Metro Manila, all affected applicants should reschedule their visa interviews through the Embassy call center by phone at +63 (2) 7792-8988 or +63 (2) 8548-8223, or through the online appointment system at ustraveldocs.com/ph.

There is no fee to change an appointment and visa application fees are valid for one year in the country where the fee was paid.

With no specific date and time to reopen, all visa applicants who wish to reschedule their interview may call the phone numbers provided or go online and access the U.S. Embassy’s online appointment system.

On Expired Visa and Inability to Travel Because of COVID-19

If a visa has been issued but the applicant cannot travel, the U.S. Embassy in Manila when it opens may be able to reprint a visa foil if the underlying documents have not expired. Where the documents expire while waiting to be able to travel to the U.S. the applicant will be required to obtain new documents. 

IMMIGRATION COURTS

The immigration judges continue to hear cases of individuals who are in detention. 

On Monday, June 15, 2020, Honolulu Immigration Court will resume hearings for non detained cases.

For individuals within the jurisdiction of Boston, Buffalo, Dallas, Hartford, Las Vegas, Memphis and New Orleans, immigration court hearings for non-detained cases will resume on Monday June 29, 2020. In all other immigration courts outside of those mentioned, hearings are postponed through and including Friday June 26, 2020. Those with hearing notices scheduled on or before June 26, 2020 will receive new Notices of Hearing. It is more important to check with your legal counsel about the status of your hearing with the immigration court so as not to miss your hearing dates.

IMMIGRATION & CUSTOMS ENFORCEMENT (ICE)

ICE Arrests

ICE maintains that in light of the ongoing COVID-19, the agency adjusted its enforcement posture beginning March 18, 2020 and limited arrest to those cases that are with highest priorities to promote life saving and public safety activities. Note that this does not mean that they are suspending arresting individuals with criminal history or those subject to mandatory detention.

ICE emphasized that it shall abide by its sensitive locations policy during the COVID-19 crisis and will not carry out enforcement operations at or near health care facilities, such as hospitals, doctors offices, accredited health clinics & emergent or urgent care facilities. Note though that ICE agents are present during protests despite the fact that these are considered sensitive locations. Unauthorized immigrants including DACA recipients joining the rallies/protests must be aware of their rights should they be taken into custody.

ICE Check Ins

Individuals required to report regularly to ICE for in person check-ins have been allowed to do so through alternative means. As of April 17, 2020, the in-person reporting has been temporarily suspended. However, individuals who are subject to the reporting requirement in lieu of detention/removal are still mandated to report either by calling or telephone check ins. For stays of removal applications, ICE-ERO will accept I-246 by mail.

 

TRAVEL TO THE PHILIPPINES AND UNITED STATES

Travel to the Philippines

Under existing guidelines, arriving U.S. citizens or non Filipinos are still not allowed to enter the Philippines even after 31 May 2020. Only OFWs, Foreign nationals married to Philippine citizens including their dependent children and foreign diplomats are allowed to enter the country.

All non-Filipinos who intend to depart the country can leave anytime. Filipinos are not allowed to leave unless they are OFWs, permanent residents, or holders of student visas in their countries of destination.However, they may have challenges in booking a flight as most of the international flights remain suspended.

Passengers Not Subject to the Restrictions and Who Are Arriving in the Philippines Subject to Mandatory Quarantine

All travelers to Manila will undergo the usual thermal scan upon arrival. If a passenger is showing symptoms of the COVID-19, s/he will undergo a real-time polymerase chain reaction (RT-PCR) test. Travelers whose test results are positive will be transferred to a designated hospital for further medical management.

Those who do not have symptoms will undergo a mandatory quarantine where a baseline rapid test will be conducted. While waiting for the results, passengers must stay in either a government designated quarantine facility or in a Bureau of Quarantine approved quarantine hotel for 14 days.

After quarantine is completed, individuals may go about their travel plans subject to quarantine protocols of the local government of their destination.

Filipinos who are not OFWs and Non-Filipinos will shoulder their own payment for the accommodation.

Traveling to the United States

Philippine citizens are not banned from entering the United States as long as they have valid U.S. temporary or permanent resident visas. Those who traveled internationally in the past 14 days and return to the United States, they are required to self quarantine, stay home and monitor their health. 

Unless the traveler is a U.S. citizen or a permanent lawful resident (green card holder), s/he will be banned from entering the U.S. if s/he traveled from the following countries: China, Hong Kong and Macau, Iran, the UK and Ireland Schengen area which encompasses the following 26 European Countries: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland.

U.S. citizens and lawful permanent residents of the United States, certain family members, and other individuals who meet specified exceptions who have been in one of the countries listed above in the past 14 days will be allowed to enter the United States through on of these airports: 

  • Boston-Logan International Airport (BOS), Massachusetts
  • Chicago O’Hare International Airport (ORD), Illinois
  • Dallas/Fort Worth International Airport (DFW), Texas
  • Detroit Metropolitan Airport (DTW), Michigan
  • Daniel K. Inouye International Airport (HNL), Hawaii
  • Fort Lauderdale-Hollywood International Airport (FLL), Florida
  • George Bush Intercontinental Airport (IAH), Texas
  • Hartsfield-Jackson Atlanta International Airport (ATL), Georgia
  • John F. Kennedy International Airport (JFK), New York
  • Los Angeles International Airport, (LAX), California
  • Miami International Airport (MIA), Florida
  • Newark Liberty International Airport (EWR), New Jersey
  • San Francisco International Airport (SFO), California
  • Seattle-Tacoma International Airport (SEA), Washington
  • Washington-Dulles International Airport (IAD), Virginia 

After arriving in the United States from one of these countries, CDC recommends that travelers stay home and monitor their health for 14 days. 

(Lourdes Santos Tancinco, Esq is a partner at the Tancinco Law P.C. Her office is located at One Hallidie Plaza, Ste 818, San Francisco CA 94102 and may be reached at 1-888-930-0808; email at law@tancinco.com, www.facebook.com/tancincolaw or check their website at tancinco.weareph.com/old.) 

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Updates

Updates of Agency Closures: USCIS, Immigration Courts, Embassy

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USCIS : CLOSED UNTIL MAY 3

U.S. Citizenship and Immigration Services (USCIS) offices have extended their temporary closure from April 1 to May 3 and will reopen on May 4.

As a result of this closure, there will be no face to face interviews, no oath taking ceremonies for new U.S. citizens. Interviews including biometrics scheduled during this period that the USCIS is closed will be rescheduled. USCIS will send new Notices of Interview. Please note that U.S. postal services are still open and if you need to file for applications for extensions or changes of status you can still do so either by mail and when permitted through on-line filing.

IMMIGRATION COURTS (EOIR): NON-DETAINED HEARINGS ARE POSTPONED UNTIL MAY 1
Those who have pending hearings before Immigration Courts and they are not detained, their hearings scheduled between now until May 1 will be rescheduled. Hearings for detained clients/respondents are still ongoing unless the Court grants continuances.

U.S. EMBASSY IN MANILA: VISA PROCESSING AND ISSUANCES ARE PUT ON HOLD
The U.S. Embassy in Manila has suspended temporarily its immigrant and nonimmigrant visa services. However, emergency services are still provided especially for U.S. citizens. Please check the U.S. Embassy website for more information.