DHS issued a proposed rule last week that purportedly will make it easier to hold affidavit of support sponsors more accountable, but in practice will likely make the process more onerous, discouraging and deterring petitioners from executing the I-864. And since the...
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Year: 2020
Marriage Visa Based on Arya Samaj Wedding
The impact of COVID-19 on our world cannot be overstated, globally affecting cultures, practices, and rites of nearly every country. One industry that has been hit particularly hard is the marriage one, especially in India. Economic, health, and time concerns are...
How to Handle Request for Evidence Asking For Bona-Fide Parent Child Relationship
Our office, as well as some of our attorney colleagues, have recently received USCIS Requests for Evidence that ask for evidence beyond the scope of what is required. This is happening particularly with respect to I-130 family cases, specifically USC children filing...
Expired Fiancé Visa I-129F Petitions | Do I Have To Refile?
Now that consulates are slowly beginning to reopen, individuals whose interviews were postponed due to COVID should proactively inquire with the consulate as to when they can expect their interviews to be rescheduled. That being said, some preference categories will...
New DACA Policy and Procedure | 2020 Update Post Supreme Court Decision
In the wake of the Supreme Court's ruling on DACA, USCIS recently released guidance on how it will implement and administer the program under Secretary Chad Wolf's regime. The August 21 memo confirms that DACA grants will be limited to one, instead of two-year grants....
USCIS Using Old Fingerprints | Work Permits Issued Before Biometrics
We have recently noticed that USCIS has begun using old fingerprints that were previously captured for a number of applications, particularly I-90s. This is welcome news given the interminable delays permanent residents are already experiencing waiting for their...
Adjustments Must Include I-944 | 2nd Circuit Modifies Nationwide Injunction
In a startling turn of events, the Court of Appeals for the Second Circuit issued a decision last Wed limiting its injunction of the public charge rule to states only within its jurisdiction, namely, Connecticut, New York, and Vermont. As a result, the landscape is...
TPS Is Not An Admission For Those Who Enter Without Documents | Adjustment
In a disappointing departure from the Sixth and Ninth Circuits, the Third Circuit recently published its position on TPS in Sanchez; Gonzalez v. DHS. In a precedential decision, the court held that TPS does not constitute an "admission" for purposes of adjustment of...
Court Issues Block On Public Charge Rule | Do I Still Have To File I-944?
Last week, the Southern District Court of New York granted a preliminary injunction effectively staying further enforcement of the public charge rule. This is extremely significant news given that the order is to be applied nationwide in light of the irreparable harm...
What To Expect At My Citizenship Interview During COVID-19?
Now that USCIS has begun rescheduling naturalization interviews in NJ that were previously postponed due to COVID-19, the natural question now is what to expect? Will things be drastically different?The most obvious change is that there will be noticeably less people...