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On February 24, 2020, USCIS implemented a Public Charge Rule requiring most green card applicants to undergo a subjective determination as to whether he or she will likely become a public charge in the future.  Since then, anybody applying for adjustment of status or an immigrant visa at a consulate abroad, was required to provide documents providing that they would not become a public charge upon issuance of a green card.

UPDATE #2:  On September 22, 2020, USCIS reinstated the Public Charge Rule for all adjustment of status applications and certain non-immigrant status applications.  This means that Form I-944 must be included with any pertinent applications, though USCIS has provided a grace period to October 13, 2020 to submit applications without Form I-944.  Any such applications may be subject to a Request for Evidence later on.

UPDATE #1:  On July 29, 2020, the U.S. District Court for the Southern District of New York (SDNY) instructed the Department of Homeland Security to stop enforcing or implementing the Public Charge Rule “for any period during which there is a declared national health emergency in response to the COVID-19 outbreak.” As a result of this order, USCIS confirmed that it will not adjudicate any Public Charge applications received on or after July 29, 2020.  Since this order came from the lowest federal court level (district court), it may be overturned at any time by a Circuit Court of Appeals or the U.S. Supreme Court.  Maximilian Law Inc. strongly advises anybody looking to apply for adjustment of status to submit their applications as soon as possible. Email us if you are interested in applying for a marriage green card or employment green card.

 

UPDATE #2:  On September 29, 2020, a federal district court temporarily issued a motion for preliminary injunction that would prevent USCIS from implementing the naturalization fee increase on October 2, 2020.  This means that, for now, the application for naturalization will remain at $725 instead of increasing to $1,170.

UPDATE #1:  On July 31, 2020, USCIS announced that the filing fee for naturalization applications will in fact increase to $1,170.  The fee will take effect for applications postmarked on or after October 2, 2020.  Anybody who is looking to naturalize should ensure that their applications are postmarked October 1, 2020 or earlier.

People who are thinking about applying to naturalize as a U.S. citizen may want to fast track their decision. USCIS announced a series of changes in filing fees which, if approved, would take effect in 2020. Among the fee changes, naturalization applications will seeing the highest increase from $725 to $1,170.

If you have had your green card for at least five years, you may be eligible to naturalize if you have physically resided in the U.S. for at least half (2.5 years) of the preceding 5 years. Any trips outside of the U.S. for more than 6 consecutive months may break the continuous residency requirement unless you can prove that you were domiciled in the U.S. Any trips outside the U.S. for more than 12 consecutive months will definitely break the requirement.

If you obtained your green card through marriage, you may be eligible to naturalize after you’ve been married for 3 years and have had your green card for 3 years. You must also meet the continuous residency requirement – in this case, 1.5 years in the preceding 3 years. If it has been fewer than 5 years since you got your green card and you are naturalizing based on marriage to a U.S. citizen, you will also have to provide proof that you are still married.

To qualify for naturalization, you should not have a criminal record that would make you inadmissible, and have paid your taxes every year.

Please contact our office to see if you qualify for naturalization in 2020.

USCIS Premium Processing Changing From 15 Calendar Days to 15 Business Days

Beginning October 2, 2020, USCIS will change the number of days it will have to adjudicate applications for premium processing.  Right now, Premium Processing requests must be adjudicated within 15 calendar days of receipt.  Starting October 2, 2020, USCIS will have 15 business days to adjudicate an application.  With weekends and holidays, this effectively means that USCIS officers will get an additional 4-5 days to adjudicate applications under premium processing.

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BREAKING NEWS:  On September 29, 2020, a U.S. District Court judge granted a motion for preliminary injunction preventing USCIS from implementing its filing fee increases that was scheduled to take effect on October 2, 2020.  This means that the current filing fees will continue to be accepted by USCIS.  While the injunction may be lifted at any time, those looking to submit visa or green card applications to USCIS in the near future do not have to worry about fee increases for the time being.

 

USCIS has announced that it will be increasing filing fees for several applications starting October 2, 2020.  Notable fee increases will include:

• Naturalization:  $1,170 (increase from $725)
• H-1B visas:  $555 (increase from $460)
• L-1 visas:  $805 (increase from $460)
• E-2 visas:  $695 (increase from $460)
• TN visas:  $695 (increase from $460)
• O-1 visas:  $705 (increase from $460)
• Petition for Alien Relative:  $560 (increase from $535)
• Extension or change of status:  $400 (increase from $455)
• Application for Employment Authorization:  $550 (increase from $410)
• Application for Advance Parole:  $590 (increase from $575)
• Provisional Unlawful Presence Waiver:  $960 (increase from $715)
• Petition to Remove Conditions on Residence:  $760 (increase from $680)

Some filing fees will decrease as of October 2, 2020:

• Fiancé Visa:  $510 (decrease from $535)
• Application for Adjustment of Status:  $1,130 (decrease from $1,225)
• Employment-Based Immigrant Petition:  $555 (decrease from $700)
• Biometrics:  $30 (decrease from $85)
• USCIS Immigrant Fee:  $190 (decrease from $220)
• Replacement Green Card:  $415 (decrease from $540)

Abandoning U.S. Residency

As a result of COVID-19, many green card holders are choosing to temporarily move out of the United States until a vaccine is produced.  Green cards allow you to live and work in the U.S. on a full-time basis.  It is a “use it or lose it” status – meaning that if you do not live in the U.S., you run the risk of “abandoning” your residency status.  If you remain outside of the U.S. for 1 year or more, a customs officer may revoke your green card and deny you entry if they think you abandoned your residency status.

Re-Entry Permits

As a result of COVID-19, many green card holders are choosing to temporarily move out of the United States until a vaccine is produced.  In many cases, this may mean leaving the U.S. for more than one year.  Green card holders who are currently in the U.S. should apply for a re-entry permit before moving abroad.  A re-entry permit will allow the green card holder to remain outside the U.S. for up to 2 years without abandoning their residency status.  In other words, you can reside outside of the U.S. for 2 years and still be able to return to the U.S. and keep your green card without the risk of abandoning your status here.

 

Returning Resident Visas

Green card holders who are currently residing outside of the U.S. and who do not anticipate being able to returning to the United States can apply for a Returning Resident Visa at a U.S. consulate abroad.  To qualify for this visa, you have to demonstrate that there were circumstances beyond your control that prevented you from returning to the U.S.  Arguably, the worldwide COVID-19 pandemic would qualify as good cause.