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If you’re seeking to get naturalized you’ll need more money than you used to. The Trump Administration just all but doubled the fees. What was once a $640 fee for an online application has shot up to $1,160.
Even asylum-seekers are seeing new fees. While the $50 fee for asylum seekers may seem modest to some, the truth is that for most asylum-seekers $50 might as well be $5000. They don’t have it.
These fees aren’t in response to the budget shortfall, but were part of a routine budget adjustment that takes place every two years, according to USCIS.
A proposed $275 renewal fee for DACA recipients will not be enacted at this time. Yet the Trump Administration is now saying that they will no longer accept new applications at all, and renewals are being limited to a single year. DACA recipients must also pay steep fees for employment authorization and biometric services already, fees that are not going away.
The Trump administration has also announced it fully intends to defy the Supreme Court’s DACA rulings.
Fees for work-permit seekers are going up 37%. The new work permit fees will sit at $550.
In addition, the DHS has eliminated certain fee waiver categories, such as those used to demonstrate financial hardship. They have ceased accepting evidence or granting fee waivers “related to temporary illness and injury, recessions, bankruptcy, or any of the other myriad situations that may render qualified people unable to pay fees but that cannot be characterized as natural disasters.”
The DHS “believes that a provision for financial hardship is unnecessary, as past fee waivers requested using the financial hardship criterion were minimal.” They stated they did not believe that eliminating fee waivers “makes immigration benefits accessible to low income applicants who have financial hardships.”
Roughly 97% of the USCIS budget is funded by application fees. They insist they need the increase to fund fraud detection and vetting units, as well as operations, technology, and payroll.
Once, the fee to apply for naturalization was less than $100. If the Trump Administration can’t squeeze people out with policy, they’ll squeeze them out by making immigration completely financially untenable for all but a few.
If you’re one of the lucky people who can pay these fees, do keep in mind that the fees alone won’t get you into the country, and if you don’t get in then you’ll lose them. Make sure you reach out to an experienced immigration attorney before starting the process.
You can get a consultation from the team here at Hykel Law.
See also:
New Laws for Green Card Holders in 2020
How to Get a Green Card for Your Fiancee
What Are The Grounds for Cancellation of Removal?
On July 6, 2020 the Trump Administration provoked outrage and lawsuits by instituting a rule which said international students could not keep their visas if they were taking online-only classes to protect themselves from Covid-19. Pennsylvania was one of 17 states who sued over it. Harvard and MIT also launched separate lawsuits, and were joined by 200 additional schools.
As of July 14, 2020, the rule has been rescinded. Federal immigration authorities agreed to “pull the July 6 directive and return to the status quo.”
This means that students with F-1 and M-1 visas may return to their school of choice as normal and take online courses if offered, even if these offerings are 100% online. The status quo, in this case, is the modification made in March 2020 that authorized a temporary exemption regarding online study.
Online classes have always been restricted for foreign students, but the reasoning behind the modifications was that it would be safer for students and professors if the exemption were possible. This means there may be a time in the future when F-1 and M-1 students must attend classes in person, but they are safe to pursue their education like citizen-born classmates at this time.
The Harvard and MIT suit argued that “immigration officials violated procedural rules by issuing the guidance without justification and without allowing the public to respond.” The state lawsuits sought both a temporary and a permanent injunction against the rule.
Workers right now often face similar issues, given work visas are tied to a physical job site location. Many workers and employers have had to make adjustments to allow their employees to follow CDC guidance on working remotely, with those who live within commuting distance of their workplace receiving some advantages under existing law. The truth is that current immigration law is not well-equipped to handle a crisis whose best solutions revolve around the use of newer technologies to free people from working or studying at specific physical locations.
As a result, additional legal battles are likely.
It’s important to stay on top of changes in policy…they come often. Do you have an immigration attorney who you can call to ask for advice?
If not, consider contacting the team at Hykel Law. We can help you navigate the confusing and ever-shifting field of immigration law and give you the advice you need to stay in the United States.
See also:
Coping With Loss of Status in a Crisis
Remote Work and US Immigration Law
Immigration Appeals and Litigation
It’s been another tumultuous couple of weeks in immigration, with several major stories in the news worth paying close attention to. Here are some of those stories…and what they might mean to you and for you as you seek to navigate your own immigration issues.
Here are the three top stories.
The “asylum rule” was a rule that prevented asylum seekers from trying to gain refuge in the United States if they hadn’t applied for protection in a different country en route. It was aimed primarily at Central American immigrants who Trump wanted to keep out.
What this means for asylum seekers:
For the moment, not much. The New York Times reports that Trump is layering policies to keep the border sealed to asylum seekers. Judges haven’t managed to strike down all of those policies yet, which means if you have relatives seeking asylum it may be wiser to direct them to other, more hospitable countries for the time being. Asylum cooperative agreements with Guatemala and Honduras may effectively keep some asylum-seekers out even if they do.
It is possible for some migrants who were forced to wait in Mexico to get hearings now though, which may mean they have a chance.
The Supreme Court recently upheld the DACA program, preventing Trump from eliminating it. This means that for now DACA beneficiaries are safe from deportation. It does not mean they can breathe easy.
“This does not mean that DACA is immune from further challenges by the Trump administration. Meanwhile, though DACA recipients are relieved about the court’s decision, they also haven’t lost sight of the fact that it’s not a permanent fix. Many recipients and supporters continue to call for immigration reform—not just for the thousands of people enrolled in this program, but also for the estimated 11 million undocumented immigrants living in the U.S.” –Latinousa.org
What this means for DACA recipients:
Use this reprieve to your advantage. Keep working with your immigration attorney to try to find alternative paths to citizenship.
Hundreds of immigration judges have sued Trump, claiming their free speech rights are being violated.
“For years, [the Executive Office of Immigration Review] EOIR allowed judges to speak about immigration in their personal capacities, provided they made it clear they were not speaking on behalf of the agency, the suit noted.
In 2017, EOIR changed the policy to require that judges get prior approval before they speak. Then, in January, EOIR went further, forbidding judges from publicly discussing immigration law or policy. On all other topics, judges are required to obtain advance EOIR approval, the suit said.” –The Philadelphia Inquirer
What this may mean for you:
Nothing, directly, though the gag order on judges may be contributing to the burnout which is reducing the number of judges working in immigration. This, in turn, is contributing to the major backlog of cases and delays in the process.
We stay on top of the ever-shifting landscape of law and policy to make sure that you get the best help you can get when it’s time to resolve your immigration issue. Need help? Contact Hykel Law today.
See also:
Hiring an H-1B worker is a lot harder in today’s climate, and right now the Trump Administration is considering closing down this form of immigration for at least a year.
Yet many employers will still want to attempt to bring on H-1B workers to fill gaps in their employment. To do this, they must take a series of legal steps.
First, an employer must review the details of the proposed job. For it to be H-1B eligible it must require a bachelor’s degree or above, as well as specialized knowledge in the field. There is a reason why these visas are most popular with IT and medical employers.
The employer should then notify current employees that a vacancy is available. This must be done thirty days before filing the Labor Conditions Application (LCA). The LCA is designed to show that the employer cannot fill the position with an American employee.
The LCA must also show the worker will receive the same amount of pay as other workers in the position, that they won’t be impacted by the new hire, and that there is no controversy regarding labor conditions or pay at the time of hiring. The waiting period gives employees a chance to object, to apply for certain positions, or to refer potential employees into those positions.
Once the LCA gets reviewed you’ll have to fill out a petition packet that contains several forms. The nonimmigrant worker will have to complete some of those forms. Many will do this within US embassies within their own home countries.
To improve your potential employee’s chances of acceptance you should work closely with an immigration attorney to make sure the application is filled out correctly and makes a solid case for hiring new employees. Your attorney will be able to tell you if anything in your application appears exploitative, either to the proposed worker or to the workers who are already in your company.
Remember, you are both an applicant and a sponsor in this process, and it’s important to get everything right. You should also be mindful of the fact that USCIS is facing financial troubles and is planning on raising application fees. If you are going to try to hire an employee on one of these visas you should act quickly. The employee’s visa will last six years, which means if you’re able to get it done quickly you may not have to worry about it until immigration policy changes again.
See also:
3 Questions About Immigration and Employment, Answered
How to Found a Company in the United States
Remote Work and US Immigration Law
Despite Covid-19, ICE continues to pursue immigrants across the country. In fact, given current events it’s more important than ever to understand your rights in the event that an immigration agent shows up at your home to give you a hard time.
Here’s what you need to know.
You can keep the door closed and speak to them through the door. Opening the door gives them more room to plant evidence, or to claim they “spotted something” which gave them probable cause to enter the home.
You do not want to give ICE agents an inch.
If they don’t have a warrant signed by a judge then you can say “I do not consent to your entry.” They cannot legally force their way inside.
If they do have an order it must name every person they’re looking for or the areas to be searched at your addressed, as well as the things or people they’re searching for. They cannot search for anyone or anything or in any places not named by that warrant.
Remember, ICE does tell lies to get people to let them in.
If you don’t understand what the ICE agents are saying you can and should ask for an interpreter. You have the right to understand what’s going on when you are interacting with any law enforcement agents.
While ICE agents are supposed to read Miranda rights, you have those regardless. You have to assert them for them to apply prior to the Miranda warning. “I am exercising my right to remain silent.”
Basically this means you do not have to answer any questions. If the ICE agents push, say, “I am exercising my right to an attorney.”
Call your immigration lawyer as quickly as possible. In fact it’s not a bad idea to call your immigration attorney the moment ICE shows up at your door, before you even start interacting with them.
It’s rarely a good idea to sign anything that ICE gives to you. You should be especially leery of signing anything that your attorney hasn’t had a chance to look over yet.
If police don’t have a warrant you don’t have to show paperwork in your own home. If you aren’t sure, call your attorney.
Never lie or show false documentation as these are crimes and can be used against you later. It’s better to exercise your right to remain silent which means you neither have to show documentation nor speak. Continue to assert your right to an attorney until your attorney gets there to handle the situation. Knowing your rights can prevent an arrest.
Interacting with ICE can be terrifying, but you don’t have to accommodate them nearly as much as you may have been led to believe.
Got questions? Need help? Call Hykel Law today.
See also:
Coping With Loss of Status in a Crisis
What Are the Grounds for Cancellation of Removal
The Basics of Illegal Immigration
Immigration issues can seem labyrinthine and confusing, especially to those caught in the middle of them. The current Covid-19 crisis has created even more opportunities for confusion and concern.
Here are a few of the most common questions we’re seeing at this office.
Millions of Americans have lost their jobs recently, and many of them have filed for unemployment. Many immigrants have lost their jobs too…but have avoided doing the same, for fear that it might jeopardize their green card or visa applications.
After all, “public charge” restrictions have been all over the news of late. Plenty of people have heard that using Medicaid or applying for certain programs can put an end to their immigration dreams.
Good news, though: unemployment is different. It’s considered an “earned benefit” and isn’t considered for the public charge review. In addition, the “public charge” rule doesn’t have anything to do with green card renewals or citizenship applications. If you’ll be seeking to engage in these types of immigration actions you might not have to worry at all.
Usually the visa status ends. The visa holder gets a 60 day period to find a new sponsor or to receive a change of status. This could be difficult in an era where many people can’t find jobs and where H-1B denial rates are up.
If you are an H-1B visa holder it might be a good idea to reach out to an immigration lawyer now, even if you haven’t been laid off. Several senators are pressuring the Trump Administration to suspend all guest-worker visas. Given the difficulty in moving over borders and delays in processing status applications it will be important to have help determining what your next steps should be.
The Supreme Court still hasn’t decided whether the DACA program will continue. Your best bet is to submit your renewal application as quickly as you can regardless of what you think the Supreme Court is going to do.
This may get stickier because USCIS may run out of money before the end of the summer. They’re scheduled to reopen on June 4. Right now they’re having trouble operating because fees from immigration matters pay most of their bills.
The USCIS staff has continued to perform remote work.
We are watching the unfolding Covid-19 and immigration issues very closely. If you’re not sure what to do, you can always call for a consultation.
Having a qualified immigration attorney on your side is one of the best way to avoid issues and pitfalls. It may also free you up to take certain actions that might help you, like filing for unemployment.
Call today to get the specific information you need.
See also:
The Latest News on How Covid-19 Is Shaping Immigration Policy
Coping With Loss of Status in a Crisis
Covid-19 Continues to Impact Immigration
It’s hard to believe it’s been six weeks since the Covid-19 crisis “officially” hit in America. Throughout this time, the pandemic has become hopelessly intertwined with immigration issues.
The close of the month brings us three news items worth paying attention to.
US District Judge Michael Simon of Oregon refused to suspend Trump’s executive order placing a 60-day ban on green cards. The move appeared to be a procedural one, rather than a philosophical one. The plaintiffs in the case had attempted to piggy-back an injunction on the back of the order which would deny visas to people who can’t pay their own medical costs.
Simon said connecting the two policies would be untenable and outside of his authority.
Procedure can have a massive impact on how any case unfolds.
Worth noting: the so-called immigration ban doesn’t stop EB-5 investment visa applications, nor does it halt processing for temporary farm workers and crop pickers.
The Covid-19 stimulus check won’t be coming for American citizens married to undocumented immigrants who filed taxes with an ITIN. At least, not yet: there is a pending lawsuit which might overturn this policy.
The lawsuit is coming from the Mexican-American Legal Defense and Educational Fund. MALDEF has filed the suit on behalf of six US citizens who ran afoul of the policy. The argument is that the policy is in violation of the 5th Amendment.
“U.S. citizens should not be denied economic recovery payments by the federal government simply because of whom they choose to marry,” stated Nina Perales, MALDEF Vice President of Litigation and counsel in the case. “The Constitution protects the right to marry and raise children, even if one spouse lacks a social security number.”
Representative Matt Gaetz (R-FL) sponsored the draconian PANDEMIC Act bill, a draconian measure meant to “force the government to deport all illegal immigrants held in the US when a national emergency is declared because of a communicable disease.”
It’s not clear how Gaetz expects the logistics of such a bill to be carried out. It might also be a moot point: Democrats control the House and this bill is unlikely to pass.
In stark contrast, Congresswoman Pramila Jayapal (D-WA) and Congressman Cory Booker (D-NJ) have sponsored a bill demanding the release of detainees and the end of enforcement against individuals who don’t pose a significant safety threat to the United States of America.
Hykel Law is here to help. We’re still offering virtual consultations by phone. Got questions? Concerned about how to protect yourself in the ever-shifting immigration climate? Give us a call today.
See also:
Covid-19 Continues to Impact Immigration
Tax Time for Immigrants: What You Should Know
New Laws for Green Card Holders in 2020
The Covid-19 crisis has created visa issues for plenty of immigrants. H-1B visa workers have lost jobs along with everyone else. Tourists risk overstaying their visa because they can’t get back into their home country. The undocumented face incredible exposure risks without any safety net, and fear putting themselves on ICE’s radar by seeking medical care despite pledges that ICE won’t raid hospitals during this time.
It’s a time of deep uncertainty, one which can be incredibly stressful for those who are here attempting to pursue the American dream.
Fortunately, there is some good news.
Normally if you lose your job on an H-1B visa you have 60 days both to get a new job and to transfer the visa. Fortunately, you can now extend your stay for up to 8 months with the appropriate application. You can also apply for a change of status such as a B1 or a B2, which is often the best move.
In addition, you don’t accrue unlawful presence days while an extension of stay (EOS) or change of status (COS) application is pending.
To give yourself the best chance at a successful application you will want to work closely with your immigration attorney. You will want to start the day you lose your job if possible. Otherwise you’ll have to submit credible evidence explaining the reason for the filing delay. You’ll open the door for immigration authorities to deny your application.
Note: if you are legally authorized to work in the United States you can file for Pennsylvania unemployment, even if you are not a US citizen. It does not count against you as a “public charge.” You will need to provide your A-number when you apply.
The government is offering Covid-based visa extensions for nearly every other kind of status as well. Again, the key will be to file on time and to file thoroughly.
They’re doing nearly everything on a case-by-case basis, but they’re offering a lot more leeway than usual as a result of this crisis.
We’re working remotely during this crisis. Email info@hykellaw.com or call (215) 246-9400. Working with an immigration attorney is your best chance for resolving your Covid-based immigration status in a favorable way in the long term.
See also:
Covid-19 Continues to Impact Immigration
Covid-19 Won’t Impact Your Green Card
How to Get a Visitor’s Visa Extension
There are few aspects of life that COVID-19 isn’t impacting. Immigration, and, more specifically, immigration enforcement, is no exception.
It’s worth knowing how USCIS is responding to this crisis as it may impact your case, or put your mind at ease.
ICE is only focusing on “foreign nationals who pose public safety risks and those who are subject to mandatory detention because of criminal records.” They do stress they are only postponing enforcement until the crisis has passed.
If you’re avoiding healthcare facilities because you fear ICE will come and get you, worry not. ICE has specifically said they’re avoiding these facilities in all but the most dire of circumstances.
You may have trouble getting care due to a lack of beds, but if you think you have COVID-19 you should seek treatment.
They’re still open here in Pennsylvania, but this could change as the crisis continues to unfold.
They’re postponing interviews, halting visa applications, and halting naturalization ceremonies. If you had an interview scheduled you can expect the interview to be postponed and rescheduled.
If you were in the middle of an application it is possible you will fall out of status during this period, but USCIS has said it is making allowances for special circumstances. Working closely (though virtually) with an immigration attorney during this time can ensure you don’t get penalized for circumstances beyond your control.
You can learn more about the USCIS response to COVID-19 here.
Crowded detention centers are breeding grounds for COVID-19, and several detainees and enforcement officials have already tested positive as a result. Representative Joaquin Castro, (D-Texas) has called for the release of all detainees.
He’s joined by voices from the ACLU, 3000 medical professionals, the media, and other congressmen and women.
There are lawsuits underway which could provide hope to detainees and their families. A federal judge has already ordered the release of ICE detainees from county jails where COVID-19 cases were confirmed.
This is a trying time for everyone. Being an immigrant is an uncertain exercise in the best of times. It’s even harder when there’s a crisis going on and everything is in flux.
If you have specific legal questions about your case, don’t hesitate to call and ask. There may be specific steps you will need to take to protect yourself legally.
See also:
COVID-19 Won’t Impact Your Green Card
We look forward to helping you with your immigration case. We have the experience, knowledge and staff to handle your matter swiftly. Reach out today to discuss your needs for representation.