Recent immigration Changes And You (Attorney Vinod Kerake, Esq)
Published on 03 May, 2020
A lot has been discussed recently about the executive order signed by President Trump on April 23, 2020. The executive order suspends the issuance of green cards for sixty days to foreign nationals outside the US seeking permanent residence. This article is not meant to discuss the legality of the order, but to share the recent developments in the immigration laws.
Under Section 212(f) of the Immigration and Naturalization Act, the President is empowered to suspend the entry of aliens if their entry will be detrimental to the interest of the country. This order may probably be reviewed after sixty days depending on the situation. Skyrocketing unemployment, due to the Coronavirus, is the reason for the ban. This executive power is not new to the public. In fact, the executive order was issued in the ’80s by Former President Ronald Reagan. Given the President is within his power to suspend immigration briefly, the likelihood of judicial review will be slim.
This order temporarily bans entry to the US to those who do not have a valid immigrant visa. But this ban will not affect the spouses and children under the age of 21 years of US Citizens whereas it blocks the entry of parents, adult children and siblings of Citizens. In addition it blocks the entry of spouses, minor children of permanent residents. Further, this order exempts seasonal foreign agricultural workers and health care professionals. Moreover non immigrant visa categories, including H-1B, are not within the scope of the order. This order does not affect the status of foreign nationals who are already in the US, having pending cases like adjustment of status or renewal of their visa status.
The USCIS has suspended its operations and is not expected to reopen until June 04, 2020, if the conditions are favorable. There will not be any interviews or biometric appointments until the reopening. USCIS is still accepting new applications, which can be filed online or through the mail. In addition, USCIS is processing applications that do not require interviews and approving those petitions which have already satisfied the burden of proof. Further, USCIS is sending notices of “intent to deny” and “request for further evidence” to those whose applications have failed to meet the requirements. In normal circumstances, the time to respond to those notices is thirty days. However, due to the Coronavirus, it has been extended to sixty days for notices which were issued between March 01, 2020, and May 01, 2020.
Most of the immigration courts are closed, and the courts that are open are conducting hearings in immigration detentions only. In addition, USCIS has canceled all naturalization ceremonies.
Foreign visitors, whose time to stay is legally over and are stranded in the US, can apply for an extension of the status even if the applicant files after the authorized stay is expired. The USCIS will consider pandemic as a genuine reason and most likely will approve the applications for an extension of status.
Usually, green card holders who are outside the US over 180 days, are considered as an applicant seeking admission subject to scrutiny at the port of entry. However, in the present circumstances, the green card holders who come back after 180 days outside the US will not be denied admission if the cause of the delay is travel restrictions due to the current pandemic.
The green card of a permanent resident will become invalid once the individual is outside the US for over one year without advance parole. This presumption can be rebutted by demonstrating that you have not abandoned the residency by showing proof. If you stay outside the US for more than one year due to recent developments in conjunction with the Coronavirus, the assumption may be overlooked.
Since most of the US embassies and consulate offices are closed, there is no chance to contact them for a returning resident visa abroad.
Those who are applying for citizenship should show that they have resided half of the required time ( five years unless you are the spouse of a US citizen in which case it is three years) immediately preceding the application. Once residency is established, the continuity of residence will become broken if you stay outside the US for more than 180 days. If an applicant is outside the country for more than 180 days, the presumption of breaking the continuity of residence can be rebutted by demonstrating that your immediate family is in the US and/or you have employment in the US. The travel restrictions currently may be used to rebut the presumption of the breakdown of continuity of residence.
The information provided on this article does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for information purposes only.
Under Section 212(f) of the Immigration and Naturalization Act, the President is empowered to suspend the entry of aliens if their entry will be detrimental to the interest of the country. This order may probably be reviewed after sixty days depending on the situation. Skyrocketing unemployment, due to the Coronavirus, is the reason for the ban. This executive power is not new to the public. In fact, the executive order was issued in the ’80s by Former President Ronald Reagan. Given the President is within his power to suspend immigration briefly, the likelihood of judicial review will be slim.
This order temporarily bans entry to the US to those who do not have a valid immigrant visa. But this ban will not affect the spouses and children under the age of 21 years of US Citizens whereas it blocks the entry of parents, adult children and siblings of Citizens. In addition it blocks the entry of spouses, minor children of permanent residents. Further, this order exempts seasonal foreign agricultural workers and health care professionals. Moreover non immigrant visa categories, including H-1B, are not within the scope of the order. This order does not affect the status of foreign nationals who are already in the US, having pending cases like adjustment of status or renewal of their visa status.
The USCIS has suspended its operations and is not expected to reopen until June 04, 2020, if the conditions are favorable. There will not be any interviews or biometric appointments until the reopening. USCIS is still accepting new applications, which can be filed online or through the mail. In addition, USCIS is processing applications that do not require interviews and approving those petitions which have already satisfied the burden of proof. Further, USCIS is sending notices of “intent to deny” and “request for further evidence” to those whose applications have failed to meet the requirements. In normal circumstances, the time to respond to those notices is thirty days. However, due to the Coronavirus, it has been extended to sixty days for notices which were issued between March 01, 2020, and May 01, 2020.
Most of the immigration courts are closed, and the courts that are open are conducting hearings in immigration detentions only. In addition, USCIS has canceled all naturalization ceremonies.
Foreign visitors, whose time to stay is legally over and are stranded in the US, can apply for an extension of the status even if the applicant files after the authorized stay is expired. The USCIS will consider pandemic as a genuine reason and most likely will approve the applications for an extension of status.
Usually, green card holders who are outside the US over 180 days, are considered as an applicant seeking admission subject to scrutiny at the port of entry. However, in the present circumstances, the green card holders who come back after 180 days outside the US will not be denied admission if the cause of the delay is travel restrictions due to the current pandemic.
The green card of a permanent resident will become invalid once the individual is outside the US for over one year without advance parole. This presumption can be rebutted by demonstrating that you have not abandoned the residency by showing proof. If you stay outside the US for more than one year due to recent developments in conjunction with the Coronavirus, the assumption may be overlooked.
Since most of the US embassies and consulate offices are closed, there is no chance to contact them for a returning resident visa abroad.
Those who are applying for citizenship should show that they have resided half of the required time ( five years unless you are the spouse of a US citizen in which case it is three years) immediately preceding the application. Once residency is established, the continuity of residence will become broken if you stay outside the US for more than 180 days. If an applicant is outside the country for more than 180 days, the presumption of breaking the continuity of residence can be rebutted by demonstrating that your immediate family is in the US and/or you have employment in the US. The travel restrictions currently may be used to rebut the presumption of the breakdown of continuity of residence.
The information provided on this article does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for information purposes only.
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