The “Public Charge Rule” was one of the harshest and most heavily criticized Trump-era immigration policies. Fortunately, as of March 9, 2021, Homeland Security has announced that they have stopped using the role altogether. That means neither Form I-129 or Form I-539 public benefit questions and evidence are no longer required. The I-944 is also no longer required.  Do you have an outstanding RFE? If you received an RFE and the RFE is specifically and solely related to the public charge rule then you can probably disregard it. However, if you have an RFE that asks for other information not related to the public charge then you still need to answer that. If you’re not sure, consult your immigration attorney. What paperwork do you submit now? You’ll now submit the I-864, which will help you affirm that you make more than 125% of the federal poverty guidelines based on household size. So if you have 3 people in your household, you have to make at least $27,450 a year to make 125% of the $21,960 poverty line. If you have four, you’ll need to make $33,125. The United States still wants to make sure that you aren’t coming in with the sole goal of becoming a burden on the public. What if you filed before the public charge rule was vacated?  If you filed your application before March 9, 2021 then you might still be evaluated under the old guidelines. This applies most often to individuals who are applying from within the United States, as the State Department stopped using the public charge rule a year ago. What if you’ve already filled out an I-944? If your application is being reviewed on or after March 9,2021, then you can expect Homeland Security to simply ignore that part of the application. They’ll put the information in your file, but they’re not going to do anything else with it. Got questions?  The ever-shifting landscape of immigration law continues to create confusion for many people. If you need help, reach out to the Law Office of Kyce Siddiqi. We’re here to help you make sense of the immigration process. We stay on top of changes to immigration law so you don’t have to, and reduce your chances of delays, denials, and headaches. Contact us today to get started.  See also: In the News: Biden Policy Changes for Asylum Seekers in Mexico Public Charge Rule Vacated Federal Judge Blocks Trump Administration Rule Requiring Visa Applicants to Prove they Have Health Insurance  

The government only offers 25,000 asylum visas every year, and there are a lot of people fleeing from persecution worldwide. If you are going to give yourself a good chance of winning this type of immigration case you have to understand exactly what USCIS is looking for when processing these applications.  Here’s what you need to know to be as prepared as possible to pursue your asylum case. What is an Asylum Seeker? First, you need to understand the difference between an asylum seeker and a refugee. A refugee must apply from overseas and must be approved before traveling to the US.  An asylum seeker is either in the US or at the border, and must apply for protection within one year of arriving for services. Immigration officers will then determine the asylum seeker’s eligibility based on the answers to three questions. Who is going to harm you? You need to be able to name the groups or individuals who you believe are going to harm or persecute you if you are sent back home. You need to be able to name and describe these groups in detail. Persecution includes acts of physical or mental violence, including acts of sexual violence, discriminatory or disproportionate judicial measures, or persecution or punishment for refusal to perform military service where performing military service would include committing war crimes. Why are you being targeted? Understand there are only a handful of reasons for persecution recognized under asylum law. You can’t claim asylum just because your home country is a mess and you want to get out. Instead, you need to be able to demonstrate that you will be targeted on the basis of your race, religion, national origin, sexual orientation, gender identity, political opinion, or membership in a social group. You need to be able to draw a clear line between the persecution you fear and the reason why you are being targeted. How do you know they’ll target you personally? Has this group targeted you in the past? How specifically were you harmed? Did your government try to prevent the harm?  Have they targeted people close to you? Don’t speculate. Take the time to get prepared and speak to your immigration attorney about developing an excellent and strong case for why you might be targeted.  Be detailed, and be honest. Expect the officer to know a lot about your home country, and understand that the officer wants to know more about you, personally, and the fear you’re facing. Be careful. If you are found to have filed a fraudulent or frivolous asylum case you might be barred from applying for asylum ever again. Expect lots of follow-up questions. The immigration officer is not going to stop at these questions. They are going to ask many follow-up questions such as: Can you move somewhere else within your home country to escape the persecution, even if it would be inconvenient? Do you you have proof of persecution? Proof could include medical records, photographs, phone records, or witness affidavits. Have you ever committed a serious crime? Have you ever been in the United States? Your immigration attorney can prepare you with all the questions you might face. Your attorney can also help you understand the documents and evidence you might want to bring to your interview to help you make the strongest possible case for being allowed to remain safely in the US. See also: In the News: Biden Policy Changes for Asylum Seekers in Mexico What Are the Grounds for Cancellation of Removal?  

President Biden recently announced that 25,000 migrants trapped in Mexico under the Migrant Protection Protocols will be allowed to enter the United States so their cases may be heard.  There are 70,000 migrants waiting under the MPP. These are the 25,000 asylum seekers who have active, ongoing cases. New cases are not being considered at this time thanks to the Covid-19 pandemic. Migrants will also have to be tested for Covid-19 before they cross over into the united states. The immigrants who have waited the longest will be processed first, unless they are in exceptionally vulnerable positions. The processing will happen at one of three ports of entry: San Ysidro, CA; El Paso, TX; and Brownsville, TX. Eventually there are plans to expand to new ports of entry. Migrants will not be detained when they enter the United States. Instead, they will likely be fitted with ankle monitors to ensure they appear at their court hearing. Homeland security called it “supervised released monitoring.” Each port of entry expects to process 300 cases per day.  If a migrant’s case has already been terminated or if there is already a deportation order they will not be allowed to come in and reopen their cases.  There is currently no plan for the other migrants waiting under the MPP.  If you have family members who are waiting in Mexico it’s important to tell them to wait on official information and guidance. Newscasts warn that coyotes are already spreading misinformation and are attempting to take advantage of the situation.  Homeland Security has said, “the move should not be interpreted as an opening for people to migrate irregularly to the United States.” The Washington Post reports that “unwinding Trump’s asylum policy will be a major challenge for Biden.” This is because it is not one policy, but multiple, layered policies. If they aren’t handled carefully they can create messes and confusion.  Prior to making any immigration moves, it is always wise to consult with an experienced immigration attorney. If you don’t already have one, please consider contacting our offices. We can help you with asylum claims or any other part of the immigration process.  See also: The 5 Most Common Immigration Mistakes New Application Types Nwo Eligible for Premium Processing What Are Your Rights if ICE is At Your Door?

Immigration policy in America continues to be highly unstable. On October 19, 2020 Donald Trump launched a policy which said immigrants could be banned if they didn’t have “approved” health insurance.  In November a federal judge blocked the policy, but at the end of December a higher court judge upheld the order. The policy got challenged, but on December 31st the Ninth Circuit Court of Appeals upheld the decision. Judge Daniel Collins, a Trump appointee, “held the uninsured ban was within the president’s authority under the Immigration and Nationality Act.” The ban, also known as the uninsured ban, relies on  8 U.S.C. Section 1182 (f). This law allows the president to ban foreign nationals considered “detrimental to the interests of the United States.” The Trump administration claims that uninsured immigrants put too much pressure on health infrastructure. In reality, the vast majority of uninsured people in America are Americans who cannot afford health coverage either.   It’s not enough to have an insurance plan. You must have an approved insurance plan.  Which plans are acceptable? Immigrants may use employee-sponsored plans, short-term limited duration health policies, family member plans, catastrophic plans, visitor health plans, unsubsidized individual market health care plans, Medicare, and Tricare. Plans from the ACA health exchange and Medicaid are both banned from the list of acceptable health plans. This means immigrants can’t use ACA subsidies to buy a policy that will satisfy plan requirements.  Obviously this will mean that health insurance is functionally unavailable to many immigrants, and there’s just no way around it: until the policy changes you’ll have to have an approved plan to get around the ban. While there are provisions for being wealthy enough to manage a medical emergency, the amount of money you’d need to prove that you meet this requirement are undefined and arbitrary. Chances are also good that if you could meet that threshold you could also just buy the health insurance you needed without having to worry about meeting fuzzy subjective guidelines. This is yet another one of Trump’s “public charge” policies. Need help proving you have the appropriate health insurance? If you do have the appropriate health insurance than your immigration attorney can help you ensure that insurance is credited when you put in your visa application.  Don’t give immigration officials an excuse to deny your application. Turn to us to get help today.  See also: Public Charge Rule Vacated What Are Your Rights if ICE is At the Door?  

Immigration mistakes can be extremely costly, jeopardizing your ability to stay in the country, costing time and money, and dragging out the entire length of the process.  That’s why we want to make sure our clients make as few mistakes as possible. There’s nothing better than getting the paperwork right the first time and then ensuring the entire process runs smoothly. #1) Missing Paperwork Immigration requires a lot of paperwork, and it’s easy to miss some of the required forms if you don’t have an attorney’s help and guidance from Day 1.  The forms aren’t even the whole of it. You also have to submit a lot of evidence documents. Otherwise you’re likely to face a three to six month “request for evidence” delay.  #2) Failure to Translate All documents have to be in English, which means you will need to hire a translator to create a certified copy for you, one that will accompany the documents that exist in their official, original-language form. The certification must also be handled correctly for your paperwork to be treated as valid. #3) Eligibility Issues There are some people who will never be eligible for a green card. If you have a criminal record, for example, then you’re probably wasting your filing fee by trying to pursue a green card. In some cases you might qualify for a different type of visa, but this is definitely one of those instances where you do need an attorney to make sure you don’t make major mistakes or missteps.  #4) Timing Issues  Immigration applications come with a series of fairly tight deadlines that must be adhered to. Miss the deadline and you could lose your ability to get a green card. At the very least, you will cause delays as you’re forced to resubmit paperwork, pay new fees and fines, and gather new evidence. Be sure you understand exactly when your application, renewal, and request-for-evidence deadlines are. Find an organized method for keeping track of all of it!  #5) Trusting the Wrong People There are a lot of scammers in the immigration space, taking advantage of desperation, fear, and confusion over the process. Make sure you are only working with a qualified immigration attorney, not a “notary,” or “document preparation service.” Neither of these people has the specialized knowledge you might need to make a solid legal argument for pushing your immigration case through.  Trying to get your immigration issues dealt with? Call the Law Office of Kyce Siddiqi today to schedule a consultation. See also: In the News: New Application Types Now Eligible for Premium Processing Can a Change in Relationship Status Threaten Your Green Card Application? New Denaturalization Task Force