Posted on July 31,2020 in Immigration

It is final! USCIS announced today they are increasing many application fees starting on October 2, 2020. Some of these fees are increasing significantly, including the fee for Naturalization applications, which is going from $640 to $1,160. Asylum applicants, who historically did not have to pay any fees for their applications, will now have to pay $50 in order for their cases to be considered. See our chart below for some examples of these changes.

In addition, a new fee structure will significantly increase the cost for adjustment of status applicants. Under the current rules, most adjustment applicants pay a fee of $1,140 (with an added $85 biometric fee for most individuals). The fee is lower, at $750, for children under 14 year old applying with a parent. Along with their green card applications, applicants can currently request their work and travel permits, which are renewable as long as the application is pending, for no extra fee. Under the new rules going into effect on October 2, the new fee structure will change dramatically and instead require separate fees for each application, as well as increase the fee for children. The new fee will be $1,130 for all applicants, regardless of age, plus a $550 fee for work authorizations and $590 for travel permits.

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 Posted on July 29,2020 in Immigration

Are you requesting a green card and you are being told you need an Affidavit of Support? You’re not alone! An Affidavit of Support is a requirement for most immigrants seeking a green card and it serves to show that they have adequate financial support and are not likely to become a public charge. The document is a binding contract between the sponsor and the government to financially support the immigrant in the case that he or she is unable to support himself or herself.

Now, don’t panic! Most affidavits of support are never enforced. An affidavit of support could be enforced, however, if the immigrant requests and receives certain means-tested benefits, such as TANF (cash assistance), Medicaid, or SSI (Supplemental Security Income). Even if the immigrant meets the income requirements for these benefits, please note most would not be eligible for at least 5 years after they get their green card. Please see page 11 of this report for more information on the 5-year bar).

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 Posted on July 28,2020 in Immigration

Given the current delays by U.S. Citizenship and Immigration Services, many green card renewal applicants have seen their estimated processing timelines come and go and they have yet to receive their new green cards. A green card is essential to show that the individual is a legal permanent resident and is thus legally allowed to work in the United States, return to the country after a trip abroad, and qualify for key benefits such as unemployment. At Lawit Law, we have received a number of calls from concerned immigrants who had timely filed their applications to renew their document or requested their naturalization. Applicants may be experiencing significant delays for a number of reasons, including the closing of Application Support Centers (where they would take your picture and fingerprints), the disruption caused by the end of the contracts with at least two companies that produce the physical green cards and work permits, the seemingly impending furloughs, and, of course, COVID-19.

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 Posted on July 22,2020 in Immigration

DACA is a wonderful benefit! At Lawit Law, we have seen how this form of temporary immigration relief has changed the lives of many of our clients. The issue many faced, however, is that they struggled to find the much needed evidence to apply. So we are sharing not only the list of requirements for DACA, but also the ways in which we have seen clients show their eligibility.

To be eligible for DACA, you must:

• Have come to the United States before your 16th birthday
• Have lived continuously in the U.S. since June 15, 2007 and until the time you apply for DACA
• Have been present in the U.S. on June 15, 2012
• Not have a lawful immigration status on June 15, 2012
• Have been born on or after June 15, 1981
• Be at least 15 years old at the time you apply for DACA (but you can apply at any age if you are in removal proceedings)
• Have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, be an honorably discharged veteran of the Coast Guard or U.S. armed forces, or "be in school" on the date you submit your DACA application.

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 Posted on July 10,2020 in Immigration

The Social Security Administration is in charge of assigning Social Security Numbers to individuals. This document is crucial and its granted for purposes of identification and retirement benefits. The Internal Revenue Service (IRS), hospitas, businesses, banks, schools, and other institutions use this number for identification purposes. An individual’s Social Security Number is also linked to the person’s credit history and payment of taxes.

Only United States citizens and those immigrants allowed to reside in the United States (such as those with a green card or work permit) are allowed to have a Social Security Number. In order to request a Social Security Number, individuals must do the following:

• Complete an application with the Social Security Administration
• Show evidence of their immigration status
• Show evidence of their identity

If you are lawfully residing in the United States and have yet to receive your Social Security Number, you can approach your nearest SSA office .. If you have ever been assigned a lawful Social Security Number in the past, this number should not change.

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 Posted on July 10,2020 in Immigration

Several criminal acts and convictions could put an immigrant in danger of being deportable. Many chose to go through a process called "expungement," which would allow them to clean their record, essentially deleting their history of criminal convictions. If a court agrees to seal or expunge a person’s criminal record, they are considered to never have committed a crime at all. However, this is a complicated process and many times does not have the desired effect for immigration purposes.

Even if an individual’s criminal records are expunged or sealed, prior criminal convictions could still cause issues on an immigration case. Expungements and sealment of records do not prevent the government from being aware of the record for immigration purposes. The record will always exist. However, you may still want to consider going through this process for other purposes, such as finding employment.

Each case is unique and should be closely evaluated, but individuals may request to have their arrests, court supervisions, and some probation sentences deleted from their record. Each state has its own rules, but generally the petition should be filed with the court having jurisdiction and after a certain number of years have passed since the conviction.

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 Posted on July 09,2020 in Immigration

This is another effect of the COVID-19 pandemic. Many schools have found it necessary to prevent the spread of the virus. At least for the upcoming fall semester, many colleges are saying goodbye to in-person classes and shifting to virtual classrooms. This seems like a convenient way to keep students on track for graduation and avoid the temporary shut down of classes, but the new setting does not seem to be favored by Immigration and Customs Enforcement.

On July 6, 2020, ICE announced that those students holding F1 and M1 visas and who are scheduled to only take online classes would not be able to keep their status. These students are welcomed to take online classes for the upcoming fall 2020 semester, but they will not be granted a visa to the United States nor allowed into the country for these purposes. In addition, according to the new directive, those F1 and M1 students presently in the United States should leave if their classes are going to be fully online.

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 Posted on July 09,2020 in Immigration

Who would have thought that you could become a U.S. citizen from the comfort of your car? With thousands of Naturalization Oath Ceremonies cancelled throughout the country due to the COVID-19 pandemic, USCIS had to adapt and started scheduling drive-through ceremonies to swear in immigrants as American citizens.

With the COVID-19 pandemic cancelling in-person services at USCIS for months, those who had already passed their Naturalization interviews saw their ceremonies cancelled. For many immigrants, this was more than a mere inconvenience. For most, their naturalization ceremony is a symbol of the much awaited end of a long and difficult journey, but it is also a requirement to vote in U.S. elections, request a U.S. passport, serve in a jury, and petition certain family members. So most were surely thrilled when some USCIS offices finally started to reschedule oath ceremonies and modified their set up to prevent the spread of the virus. Immigrants pull into the assigned parking lot at the scheduled day and time, provide their identification to a USCIS officer wearing personal protective equipment, and get sworn in through their car window.

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 Posted on July 08,2020 in Immigration

Days are usually hectic at our office, but we rarely get a case that makes us stop in our tracks and refocus our work as much as one of these. It usually starts with a phone call from the beneficiary. They often sound nervous and scared, but the facts are usually similar. They met who they thought it was a loving and supporting partner (who happened to be a U.S. citizen), they married this person, and they filed the petition and adjustment application based on the marriage. However, now things have changed and the spouse refuses to go to the marriage interview with U.S. Citizenship and Immigration Services.

Both the beneficiary and petitioner are required to attend the marriage-based interview with an immigration officer. If your spouse refuses to go, this could be a problem and put your whole process at risk. Now, sometimes the beneficiary qualifies for another kind of petition, such as a VAWA (Violence Against Women Act) self-petition. At times the refusal to attend the interview is part of a pattern of abuse and control by the petitioner. For instance, if the petitioner has ever been abusive against the applicant, either physically harming, insulting, belittling, manipulating, threatening, or taking advantage financially of the beneficiary, among other situations, VAWA could be an option.

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 Posted on July 07,2020 in Immigration

Divorces are difficult. If you add to that the stress of going through an immigration process, this can be quite taxing. Generally, if your green card has been granted for 10 years, a divorce should not affect your immigration status. However, if you were married for less than 2 years at the time of your green card approval and you received the benefit for being the spouse of a green card holder or U.S. citizen, you green card would be considered "conditional" and only issued for 2 years.

In order to remove the conditions of your green card and receive your permanent status, you will need to submit an application to USCIS. Typically, these applications are submitted within 90 days of your conditional green card expiration date. Couples who are still together need to submit a joint application, evidence of the bona fides of their marriage, and likely attend an additional interview before USCIS issues a decision. Now, the process varies greatly if you are no longer with your spouse, but it’s still viable for most applicants through a waiver. Here are potential options:

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