In recent months, many of the more notable immigration developments have concerned the public charge ground of inadmissibility. The first rumblings occurred when the Department of State began implementing new guidelines vitiating the presumptive weight of an approvable I-864 affidavit of support. Even if a petitioner's income met or exceeded 125% of the federal poverty guideline, adjudicators were vested with greater authority to look beyond the affidavit and explore traditional factors in more detail. These traditional factors-health, age, education, income and resources-will undergo more scrutiny in determining whether an immigrant is likely to become a financial burden on the government.
The Ninth Circuit recently issued a precedential case that is instructive, and potentially helpful, to individuals accused of making false claims to US citizenship. In Diaz-Jimenez v. Sessions, No. 15-73603 (9th Cir. 2018), the court confirmed that obtaining private employment did fall within the scope of false claims; however, the court also ruled that for purposes of 1182(a)(6)(C)(ii)(I), a person can only be considered to have made a false claim of citizenship in connection with private employment only when such representation is made on Form I-9. In the case at hand, there was no evidence of an I-9 form to sustain the government's claim that Mr. Diaz-Jimenez misrepresented his citizenship status to secure a job, resulting in the court reversing the BIA's finding and remanding the case.
Earlier last month, we wrote about USCIS implementing the new Notice to Appear Policy Memorandum released on June 28 of this year. According to a bulletin released late last week, the second phase of expansion is scheduled to take place November 19, 2018. On and after this date, USCIS will begin applying the new policy to the following types of applications upon denial:
Just last week, USCIS announced that it will be expanding its Information Services Modernization Program to several major district offices. During the first quarter of next year (2019), it is expected that Newark will be among the first batch, with eventually all remaining field offices implementing the protocol by the end of the year.