Posted on February 20, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Public Charge Inadmissibility Final Rule: Revised Forms and Updated Policy Manual Guidance
U.S. Citizenship and Immigration Services has published revised forms consistent with the final rule on the public charge ground of inadmissibility, which the U.S. Department of Homeland Security, including USCIS, will implement on Feb. 24, 2020. Beginning Feb. 24, 2020, applicants and petitioners must use new editions of the following forms below (except in Illinois, where the rule remains enjoined by a federal court):
Form I-129, Petition for a Nonimmigrant Worker
Form I-129CW, Petition for a CNMI-Only Nonimmigrant Worker
Form I-485, Application to Register Permanent Residence or Adjust Status
Form I-485 Supplement A, Supplement A to Form I-485, Adjustment of Status Under Section 245(i)
Form I-485J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j)
Form I-539, Application to Extend/Change Nonimmigrant Status
Form I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status (PDF)
Form I-601, Application for Waiver of Grounds of Inadmissibility
Form I-864, Affidavit of Support Under Section 213A of the INA
Form I-864A, Contract Between Sponsor and Household Member
Form I-864EZ, Affidavit of Support Under Section 213A of the INA
Form I-912, Request for Fee Waiver
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Posted on February 20, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
4 border aid activists were arrested and convicted after they left food and water in the desert that served as a wildlife refuge for undocumented immigrants. The 4 women faced up to 6 months in prison and a $500 fine. Last week, a U.S. District Judge overturned their convictions, ruling that the government was restricting the women’s religious beliefs when it arrested them for providing aid.
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Posted on February 20, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
A survey found that 8 out of 10 Latinos also recognized the benefits of increased participation in the census. Despite this, a new poll found that about ¾ of Latinos are concerned that information gathered in the census will be used against them. Some of the concern comes from the confusion about the citizenship question: many do not know that the question will not be on the census, and none of the census advertising clarifies this.
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Posted on February 20, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In August 2019, a hotline run by the nonprofit Freedom for Immigrants was shut down shortly after it was featured in the Netflix show Orange is the New Black. The hotline was one on a list of calls detainees could make for free and without being monitored. ICE had said the hotline was shut down because the nonprofit used the line to have 3-way calls with detainees and their families, which was prohibited. On February 11, a federal judge issued a preliminary injunction and ordered the government to reinstate the hotline. It is unclear what the timeline for the restoration will be.
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Posted on February 20, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Under the Remain in Mexico program, asylum seekers are sent to Mexico for the duration of their cases. These asylum seekers are increasingly becoming victims of kidnappings. Doctors without Borders said in September 2019 that 44% of their patients had been victims of kidnappings, with another 12% being victims of attempted kidnappings. By October 2019, the percent of patients who were kidnapping victims was 75%. CBP Commissioner Mark Morgan discussed the report in a briefing on February 11, saying that the report did not reflect CBP’s understanding of the security situation in Mexico. Morgan also said that CBP would work with the Mexican government to encourage asylum seekers to stay in shelters and not in encampments where they may be more vulnerable to attacks.
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Posted on February 20, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Several college presidents sued the Trump administration over a policy change that amended how a foreign national’s “unlawful presence” in the U.S. is calculated to include more time, making it more difficult for many to stay in the U.S. They argued that the change would harm students, scholars, and others who sometimes temporarily lost legal status while switching schools and jobs. On February 6, Judge Biggs ruled that the change “impermissibly conflicted” with immigration law, and issued a permanent injunction against the policy.
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Posted on February 20, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS published an updated version of Form I-730, Refugee/Asylee Relative Petition. The new edition date is 9/17/19, and the new edition must be used starting 4/13/2020
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Posted on February 20, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Trump administration is sending tactical units of border patrol officers to sanctuary cities. These units are normally used to detect smuggling at the border. Specifically, officers are being sent to Chicago and New York, with agents expected in other cities as well. According to an internal CBP email, the tactical agents will be deployed from February through May.
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Posted on February 20, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
February 14, USCIS announced that it will not use pre-paid mailers to send out communication or final notices for FY 2021 cap-subject H-1B petitions. This includes communication to those requesting consideration under the advanced degree exemption. All mailing will be automated under a first-class mail process.
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Posted on February 20, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
A new law was passed in the city of Cambridge to advise police to issue summons to unlicensed drivers instead of arresting them. This was existing procedure, but is now codified into law. This is a way to shield undocumented immigrants from immediate immigration consequences- if they are arrested for even a minor violation, they could be flagged by ICE. Massachusetts does not current allow undocumented immigrants to receive driver’s licenses.
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