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NSCL Newsletter

NATIONAL CAPITAL LEGAL SERVICES 

LAW UPDATE 
(October 15, 2018) 
Law Offices of Elizabeth Krukova 
Representing Clients in All 50 States - Over 10 Years of Law Experience 

We are presenting to your attention our newsletter regarding U.S. immigration laws and updates which will keep you on track.  

OUR NEWSLETTER ON IMMIGRATION LAWS AND CURRENT POLICIES IN IMMIGRATION 

Published by the Law Offices of Elizabeth Krukova 

150 S. Washington St., Ste. 202, Falls Church, VA 22046 
 
TABLE OF CONTENT 

  1. Visa Bulletin for November 2018 

  1. New USCIS Policy Makes It Easier for Authorities to Deny Visa and Green Card Applications Without Giving Applicants a Chance to Fix Errors 

  1. ICE Raids Target Employers  

  1. Allegations of Fraud at the Adjustment of Status Stage for Asylees 

  1. New Policy Issuance of NTA to Send Cases to Deportation   

  1. More on Public Charge Rule. 

  

 

  1. Visa Bulletin for November 2018 

The U.S. Department of State recently posted the Visa Bulletin for November 2018. This bulletin is very important for anyone who is waiting for your priority date to be current so that his/her green card application can move forward. The November 2018 Visa Bulletin brings some good news in wait times for employment-based (“EB”) green card categories. Just few months ago many of the dates for employment-based green cards had retrogressed by several years. This month the priority dates were returned to being current in this bulletin. The employment-based categories made remarkable advances. After being pushed back significantly in September, now the priority date for EB2 and EB3 are current again.  

  1. New USCIS Policy Makes It Easier for Authorities to Deny Visa and Green Card Applications Without Giving Applicants a Chance to Comply 

 

US Citizenship and Immigration Services (USCIS) has updated a new policy which went into effect on September 11, 2018. The new guidance allows USCIS officers to declare any application incomplete and deny such without issuing a request for evidence (RFE). This would result in more denials. USCIS says the new policy is intended to discourage frivolous or substantially incomplete applications. The previous guidance allowed USCIS officers to deny cases only when there was no possibility to correct on an iterative basis. Under the old policy, the officers were required to send notices, giving applicants a chance to submit additional documents before denying applications. 

 

 

  1. ICE Raids Target Employers 

US Immigration Enforcement has put a priority on arrests employing immigrants who are not authorized to work in the U.S. at their workplaces. So far in 2018, there have been more massive arrests at workplaces more than in 2017. They target small employers in rural areas where there is less access to legal counsel and less ability to fight back. Local community members and organizations stepped up to support the community’s immigrant families. They set up crisis centers in churches, provide pro bono legal aid or consultations.  

Another new basis for denials. Formerly, asylum seekers who misrepresented or lied to obtain their visas to enter the country were allowed to get green cards after this issue was addressed at the asylum stage and the asylum application was approved regardless of the manner of entry. Recently however, immigration officers are raising the issue of fraud for asylees who entered the country with visas obtained on a misrepresentation.  

We are advising all our clients considering an asylum claim and or applying for green cards based on an approval of asylum applications to schedule consultations with our specialists  

The link provides more information: 

 

  1. New Policy Issuance of NTA to Send Cases to Deportation. 

USCIS is attempting to streamline all applicants with denials for quicker referral to immigration courts for deportation. For such: 

  • Beginning October 1, 2018, the USCIS may now issue Notice to Appear (NTA) when it issues negative decisions on applications or petitions than affect an applicant’s legal stay in the United States. For example, when a person’s green card application is denied, the officer may issue a notice to appear before an Immigration Judge and refer the case to the court for a removal or deportation proceedings.  

  • The USCIS may no longer wait for the appeal process on the denied case to be completed before they issue the notice to appear as the normal practice is. This affects even applications to change or extend status.  

  • The only good news is, the policy does not affect employment based applications and petitions and humanitarian applications or petitions as of yet. 

  1. More on Public Charge Rule. 

On October 10, 2018, the Department of Homeland Security (DHS) finally posted a revised “public charge” rule in the Federal Register. The rule would force immigrant families to choose between vital services, such as medical care, and legal permanent residency, by drastically altering the process and criteria for determining whether a person is “likely to become a public charge.” Under the new guidelines, anyone who uses more than 15 percent of the poverty line in specified public benefits based on their household size could be deemed a public charge. This comes out to $2.50 per person, daily, per family of four. By calculating “public charge” this way, even immigrants who are 95 percent self-sufficient could be found ineligible for permanent residence. In addition, DHS plans to measure an immigrant’s likelihood to use federal, state, or local safety net programs “depend[ing] on the particular facts and circumstances of each case.” 

 

Please schedule appointments to talk to the experts at office to avoid these denials and other problems with your immigrations matters. 

 

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NATIONAL CAPITAL LEGAL SERVICES 

LAW UPDATE 
(August 17, 2018) 
Law Offices of Elizabeth Krukova 
Representing Clients in All 50 States - Over 10 Years of Law Experience 

We are presenting to your attention our newsletter regarding U.S. immigration laws and updates which will keep you on track.  

Published by the Law Offices of Elizabeth Krukova 

150 S. Washington St., Ste. 202, Falls Church, VA 22046.  
 
TABLE OF CONTENT  

  1. Trump Administration Plan to Punish Immigrants for Using Welfare 

  1. New USCIS Policy on Accrual of Unlawful Presence by Nonimmigrant Students and Exchange Visitors  

  1. U.S. Citizenship Services Conspired with ICE to Arrest Undocumented Immigrants at Interviews  

  1. Employment Authorization Document Adjudication Delays for Asylum Seekers 

  

  1. Trump Administration Plan to Punish Immigrants for Using Welfare 

The Trump administration is advancing a policy that could penalize legal immigrants if they or their family members accept welfare benefits. The draft policy would include government benefits, such as, health care subsidies under the Affordable Care Act, as well as some forms of Medicaid, the Children's Health Insurance Program, food stamps, public housing and the Earned Income Tax Credit. 

Legal immigrants who use those welfare benefits could be considered as a burden on government resources. In other words they are likely to become “primarily dependent” on government services. The rule would not explicitly prohibit legal immigrants or their families from accepting benefits. Rather, it allows authorities to use these public benefits to reject their applications for green cards or other residency visas on the grounds of being a public charge or dependent on government. 

  

  1. New USCIS Policy on Accrual of Unlawful Presence by Nonimmigrant Students and Exchange Visitors  

  

Effective August 9, 2018, USCIS issued policy memorandum making fundamental changes to its policy on how to calculate the accrual of unlawful presence for students (F-1), exchange visitors (J-1), and vocational students (M-1) in nonimmigrant status, and their dependents, while in the United States. Under the new policy, USCIS will start counting days of unlawful presence the day after an F, M, or J status violation occurs, unless the student applies for reinstatement or the student or exchange visitor is covered by some other exception to the unlawful presence counting rules. The new policy was issued in furtherance of President Trump’s executive order, Enhancing Public Safety in the Interior of the United States in order to reduce the number of visa overstays currently in the United States. Under the former policy unlawful presence was not triggered until a USCIS official or immigration judge made a formal finding of a status violation.  The new rules have already been implemented by the asylum offices, where the exception to one-year rule does not cover students who were in legal F-1 legal status, but have committed even a minor violation (like unauthorized employment) being in that status. 

  

  

  1. U.S. Citizenship Services Conspired with ICE to Arrest Undocumented Immigrants at Interviews 

Lilian Calderon, the Rhode Island resident, went to United States Citizenship and Immigration Services (USCIS) local office with her United States citizen husband for an interview designed to confirm their marriage. Lilian Calderon had been subject to a final order of removal since 2002, when her father’s application for asylum was denied. However, she is eligible to obtain legal status without being forced to leave the country based on USCIS sanctioned “provisional waiver” process designed to minimize family separation. However, U.S. Immigration and Customs Enforcement (ICE) showed up right after the interview and immediately detained Calderon.  

USCIS Rules allow Immigrants with final removal orders to apply for a waiver if they can show that their leaving from the United States would cause extreme hardship to their U.S. citizen family members. The American Civil Liberties Union (ACLU) says that USCIS in collaboration with ICE used the waiver process as a trap to encourage noncitizens to show up at the interview so that ICE could detain them, separate them from their families, and seek to deport them. According to emails between federal officials in federal court documents1, USCIS alerts the ICE agency when immigrants who subject to deportation showed up at USCIS office for interviews. Sometimes USCIS even reschedules interviews in order to accommodate ICE agency.  

  

  

  1. Employment Authorization Document Adjudication Delays for Asylum Seekers 

By regulation, U.S. Citizenship and Immigration Services USCIS must adjudicate applications for employment authorization documents (EADs) within a fixed time period. For Asylum petitions, USCIS is usually not timely issuing applications for Employment Authorization Documents (EADs) within 30 days deadline, leaving asylum applicant in a risky situation. They are unable to work legally and in danger of losing their jobs and other benefits while asylum petitions are pending. On July 26, 2018 the court ruled2 in asylum seekers’ favor and ordered USCIS to bring itself into compliance with applicable regulations and timely adjudicate initial EAD asylum applications. The court’s decision will reduce the anxiety of potential job loss, and substantially eliminate actual employment interruption and job loss. 

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NATIONAL CAPITAL LEGAL SERVICES 

LAW UPDATE 
(July 9, 2018) 
 Law Offices of Elizabeth Krukova 
Representing Clients in All 50 States - Over 10 Years of Law Experience 

We are presenting to your attention our newsletter regarding U.S. immigration laws and updates which will keep you on track.  

Published by the Law Offices of Elizabeth Krukova 

150 S. Washington St., Ste. 202, Falls Church, VA 22046.  
  
TABLE OF CONTENT  

  1. Relief from Deportation under New Supreme Court Decision 

  1. USCIS updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens 

  1. Trump Administration Plan Would Bar People Who Enter Illegally from Getting Asylum  

  1. Asylum Offices No Longer Accept an interview for Asylum Seekers who missed 1 year 

 

NATIONAL CAPITAL LEGAL SERVICES 

LAW UPDATE 
(July 9, 2018) 
 Law Offices of Elizabeth Krukova 
Representing Clients in All 50 States - Over 10 Years of Law Experience 

We are presenting to your attention our newsletter regarding U.S. immigration laws and updates which will keep you on track.  

Published by the Law Offices of Elizabeth Krukova 

150 S. Washington St., Ste. 202, Falls Church, VA 22046.  
  
TABLE OF CONTENT  

  1. Relief from Deportation under New Supreme Court Decision 

  1. USCIS updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens 

  1. Trump Administration Plan Would Bar People Who Enter Illegally from Getting Asylum  

  1. Asylum Offices No Longer Accept an interview for Asylum Seekers who missed 1 year 

 

  1. Relief from Deportation under New Supreme Court Decision as a Cancellation of Removal 

On June 21, 2018 the Supreme Court issued a decision in favor of an individual previously prevented from applying for cancellation of removal, a form of relief from deportation, which is available to a noncitizen who has lived in the United States for at least 10 years, has good moral character without criminal record, and can show “exception and extremely unusual hardship” to a U.S. citizen family member. However, the service of a NTA (Notice to Appear) stopped the accrual of the physical presence in the United States which is called stop-time rule. In Pereira v. Sessions  the Supreme Court ruling, by 8-1 vote, held that Mr. Pereira, a Brazilian national who overstayed after coming to the United States with a visa, was eligible to apply for a green card through cancellation of removal.  This was because in 2006 Mr. Pereira was placed in removal proceedings by ICE base on NTA containing no date for the future hearing. It was a common “on a date to be set” and “at the time to be set”. The case held that NTA that fails to designate the specific time and place of removal proceedings is a defective NTA. Therefore, it does not trigger the stop-time rule. The Supreme Court Decision is potentially great news for many noncitizens who are in removal/deportation proceedings, who have been ordered to leave the United States or even those who have already been deported.  Please contact us if you have been in the country for over 10 years to determine eligibility for relief. 

  1. USCIS New Priorities in Placing People in Deportation Proceedings – Zero Tolerance 

On June 28, 2018 USCIS issued the Policy Memorandum (PM) establishing new guidelines for referring cases and issuing Notices to Appear (NTAs) in order to prioritize the removal of aliens who apply for almost any existing benefit, such as, an extension or change of status, a green card, or citizenship if the benefit is denied. 

Before priority were aliens who have criminal background. Under the new policy, simply getting a denial for visa extension, being charged with a crime, or doing something DHS considers to be criminal (even if without arrested or charged) places non-citizens on the same fast-track for removal/deportation proceedings. During deportation proceedings, the aliens must present some eligibility to stay in the US. They will not be provided a lawyer; they may be detained, sometimes with no bond. There is no right to a speedy trial, nor trial by jury.  

  

  1. Trump Administration Plan Would Bar People Who Enter Illegally from Getting Asylum 

The Department of Justice, has drafted a new regulation that would change asylum system and would make it impossible to apply for Asylum for individuals who enter the United States illegally. 

Under the current policy illegal entry doesn’t bar the asylum claim. However, now such people would not be able to apply. A combination between the new regulation and the zero-tolerance prosecution initiative would not let anyone to come to the United States and get asylum unless they presented themselves at a port of entry. 

The sessions attempted to severely restrict the circumstances under which a woman fleeing domestic or gang violence could qualify for asylum and declared that Immigration Judges and U.S. Citizenship and Immigration Services’ asylum corps adjudicators should consider denying a person’s asylum if the person entered other than at a designated port of entry even if the person fled domestic abuse, gang violence or other persecution. 

The Department of Homeland Security (DHS) announced that it will be publishing a proposed rule to end a program that gives foreign entrepreneurs the opportunity to apply for parole to come to the United States for the purpose of developing or starting a business venture in the United States, known as the International Entrepreneur Rule (IER).  

American Immigration Lawyers Association AILA submitted comments to DHS in opposition to the new proposal. The comments stated that the International Entrepreneur Rule is consistent with the Immigration and Nationality Act’s Parole Authority. The comments further stated that existing visa categories are not a viable alternative for most entrepreneurs in start-up entities. The IER fills a gap in U.S. immigration laws to the mutual benefit of the entrepreneur, investors, U.S. workers, and U.S. economy.  

  Asylum Offices Shall Not Conduct a Substantive Interview for Asylum Seekers Who Missed 1-Year Deadline, Such Cases Shall be Referred to Court 

Asylum seekers are expected to apply for asylum within one year of their last entry into the United States. Every month, asylum seekers file more applications than the asylum offices have capacity to interview. Due to the backlog, the asylum offices have established the new policy for an interview at the asylum offices. An interview for cases with missed 1-year deadline shall be referred to court without interview on the substance of the claim.  

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