Immigration News, September 2018

On Saturday, September 22, 2018, the Trump Administration announced that it will be proposing a rule to make it more difficult for immigrants who legally use certain public benefits to become permanent residents. The text of the DHS announcement is available here.  Under current law, receipt of cash assistance from the government – such as federal, state or local income maintenance, Temporary Assistance for Needy Families (TANF), and Supplemental Security Income (SSI) – usually renders an individual ineligible to receive a green card on the ground that he or she is likely to become a “public charge.” The new rule, which is expected to be proposed in the next several weeks, will expand the list of public benefits to include Medicaid (with limited exceptions), Medicare Part D Low Income Subsidy, the Supplemental Nutrition Assistance Program (SNAP, or food stamps), institutionalization for long-term care at government expense, Section 8 Housing Choice Voucher Program, Section 8 Project-Based Rental Assistance, and Public Housing.  The use of these public  benefits will be “heavily weighed” negative factors in determining eligibility for green cards and extensions of and changes to nonimmigrant status.  It is expected that this new rule will cause many people to withdraw from needed public assistance programs out of a fear that they will be denied green cards and will be deported.

There will be a 60-day public comment period when the new rule is proposed, and it can be implemented after the comment period is over.  We will keep you posted on developments.

On September 11, 2018, the Trump Administration’s new policy went into effect, allowing United States Citizenship and Immigration Services (USCIS) officials to deny any visa or green card application that omits required initial evidence or is substantially lacking in evidence. Officers were previously required to send notices to give applicants a chance to correct issues unless there was “no possibility” that the deficiency could be cured by submission of additional evidence. The new policy is intended to discourage “placeholder” filings and encourage applicants, petitioners, and requestors to be diligent in collecting and submitting required evidence. It is not intended to penalize filers for innocent mistakes or misunderstandings of evidentiary requirements.  It is yet to be seen how USCIS will implement the policy.  Read more here.

The average wait time on a U.S. citizenship application was about five months in 2014. Today, the average time a green card holder will wait for their citizenship application to be processed by U.S. Citizenship and Immigration Services is 10 months.  Please plan accordingly.  To be eligible for citizenship one must be a lawful permanent resident for generally five years (three years if you are married to and living with a U.S. citizen) and also meet other criteria.  Be sure to keep track of your trips outside the United States.  This information is required for the form.

Effective October 1, 2018, the premium processing fee will increase from $1,225 to $1,410. Premium processing is an optional service that is currently authorized for certain petitioners filing Forms I-129 or I-140. The system allows petitioners to request 15-day processing if they pay an extra fee. The premium processing fee is paid in addition to the base filing fee and any other applicable fees, which cannot be waived.  The premium processing fee has not changed since 2010, and the increase is intended to keep pace with inflation.Read the announcement here.

The Visa Bulletin includes “Final Action Dates” and “Dates for Filing Applications” for the family- and employment-based categories. The October bulletin is the first of the new fiscal year and typically features advancements in visa categories.  The employment-based second and third preference categories have become “current” again for all countries except China and India, and there has been substantial advancement in the first preference category.  Notably as well, individuals filing employment-based adjustment of status applications in October may do so based on the more generous DOS “Dates for Filing” chart as opposed to the “Final Action Dates” chart. The DOS Visa Bulletin for October 2018 is available at:
https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2019/visa-bulletin-for-october-2018.html