Hundreds of thousands of people may be unable to complete the process to become American citizens in time for the November election due to the coronavirus pandemic. USCIS has been shut down since March 18 and is scheduled to remain closed until at least May 3. The agency has not provided a remote option for citizenship interviews or oath ceremonies.
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The DOL Office of Foreign Labor Certification (OFLC) announced that on May 1, 2020, the legacy iCERT System will be fully decommissioned and will no longer be accessible to account holders and the general public. Users will be redirected to the FLAG System. For updates from OFLC representatives on the new FLAG System
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On Tuesday, a judge certified a class-action lawsuit against the Trump administration. The lawsuit is challenging the requirement that immigrants must acquire health insurance before they are granted visas. Prospective immigrants may join the class if they are unable to demonstrate to a consular officer that they will be covered by health insurance within 30 days of entry to the U.S. or that they will be able to pay for “reasonably foreseeable” medical costs.
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More than 4000 medical graduates are set to begin residency programs in the U.S. this summer. However, under immigration requirements, they may not arrive sooner than one month before their program starts, meaning almost all would not arrive until June. Some immigration attorneys have suggested that they should arrive sooner to assist with the pandemic, and have advocated that the government ease this restriction.
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Amid the coronavirus pandemic, it has been difficult for immigration lawyers to meet with their clients, gather evidence, and complete visa petitions. Though USCIS has recently waived fingerprinting requirements and relaxed some evidence deadlines, many deadlines are still in place.
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On April 6, U.S. Customs and Border Protection disclosed that it has 160 confirmed cases of COVID-19. Those infected include customs officers and border patrol agents, but there is no existing breakdown on how many infected had jobs where they had contact with the public.
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On Monday night, Guatemala’s foreign ministry said that all flights from the U.S. carrying deported migrants will be halted this week. The reason is that this week is Holy Week for Christians.
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On Tuesday, ICE informed lawmakers that it was considering releasing some at-risk detainees in view of the COVID-19 pandemic. The cases of pregnant women and those over 60 are being reviewed in particular. So far, ICE has identified 600 detainees as vulnerable and has released 160.
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Chicago is providing COVID-19 relief in the form of housing assistance, online educational resources, and a small business fund. On April 7, Mayor Lori Lightfoot signed an executive order establishing that all Chicago residents, regardless of immigration status, will have equal access to relief.
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The DOL OFLC announced that tomorrow, the Atlanta National Processing Center will begin issuing PERM labor certification documents electronically. AILA’s PPC has gathered a variety of practice management resources to assist members with firm continuity, remote working, and more. AILA’s CBP Liaison Committee issued a practice alert about the closing of the northern and southern borders. AILA requested that USCIS provide additional accommodations to facilitate filings during the COVID-19 national emergency.
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Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 