11 Oct 2019

NewsFlash! Judge Issues Nationwide Injunction Against Enforcement of Public Charge Rule

This afternoon, a federal district court judge issued a nationwide injunction against the U.S. Citizenship and Immigration Services (USCIS) from enforcing the new public charge rule. The public charge rule had been scheduled to go into effect on October 15, 2019.The injunction specifically prohibits the...

10 Oct 2019

NewsFlash! DOS Amending Public Charge Rules, Effective 15 Oct 2019

On October 11, 2019, the U.S. Department of State (DOS) will publish an interim final rule to amend the regulations regarding how consular officers determine whether a foreign national is likely to become a public charge, and therefore ineligible for a visa. This rule will...

10 Oct 2019

NewsFlash! New USCIS Forms with New Public Charge Rule Required as of 15 Oct 2019

The new versions of forms I-129, I-539, I-864, and I-485 were posted on the U.S. Citizenship and Immigration Services (USCIS) website yesterday. The new I-944 (Declaration of Self-Sufficiency) form has also been put up. These forms now include the updated public charge rule. The USCIS...

07 Oct 2019

NewsFlash! Health Insurance Required for Admission on Immigrant Visa, Effective 01 Nov 2019

On Friday, October 4, 2019, President Trump issued an executive order that will bar entry of a foreign national requesting admission on an immigrant visa unless the individual has qualifying health insurance, will have such health insurance within 30 days of admission, or "… has...

27 Sep 2019

U.S. Senate May Allow Vote on Bill to Remove Per-Country Limits

Since its introduction, the Fairness for High-Skilled Immigrants Act (H.R. 1044 / S. 386) has been the subject of great interest and excitement within immigration circles. The bill would eliminate the per-country cap on employment-based green card petitions and increase the cap on family-based petitions....

21 Aug 2019

Public Charge Ground of Inadmissibility Greatly Expanded

On August 14, 2019, the U.S. Department of Homeland Security (DHS) published the final rule, Inadmissibility on Public Charge Grounds, that greatly expands the categories of public benefits considered in the determination of whether a foreign national may be deemed a public charge (i.e., a...

24 Jul 2019

August 2019 Visa Bulletin Check-In

Most months, Charles Oppenheim, the U.S. Department of State (DOS) Chief of the Visa Control and Reporting Division, provides visa bulletin explanations and predictions. Following the release of the August 2019 Visa Bulletin, Mr. Oppenheim discussed some of the higher-than-normal demand in various categories, and...

12 Jul 2019

Bill to Remove Per-Country Limits Advances, but Significant Hurdles Remain

On July 10, 2019, the U.S. House of Representatives passed H.R.1044, the Fairness for High-Skilled Immigrants Act of 2019. If passed into law, the bill would eliminate the per-country cap on employment-based green cards, and increase the per-country limit for family-based categories. While this news...

10 Jul 2019

My family and I have I-485 applications that have been pending for a number of years because of retrogression. My daughter is about to turn 21. Will she age out if her I-485 is not approved before her birthday?

Answer In general, if the I-485 was filed before the child turned 21 years of age, and within one year of the priority date becoming current, the child would be protected by the Child Status Protection Act (CSPA). However, there are a number of additional factors...