Immigration

Effective February 24, 2020, the Department of Homeland Security (DHS) and the Department of State (DOS) implemented the government’s “Public Charge” ground of inadmissibility.

All applicants for Adjustment of Status who are filing a Form I-485 to USCIS, and the Principal Applicant who is filing an Immigrant Visa petition at a United States Consular Post, must define their “Household” size for purposes of the Public Charge rule.  The definitions of “Household” are similar for each process.

We provide the following information to assist our clients to keep track of some of the most salient Coronavirus-related immigration changes and developments:

This alert reviews worksite and Notice requirements for foreign workers and how employers can ensure compliance as employees work remotely during the coronavirus pandemic.

This article provides details about the coronavirus-related UK travel ban, which includes England, Scotland, Wales, and Northern Ireland.

This article provides details on the travel ban announced by President Trump on March 11, 2020 in his speech regarding the coronavirus.

This alert reviews USCIS’s requirements for Form I-9 — required for all new hires in the United States — and the special challenges that completing the form poses in light of the spread of the coronavirus, COVID-19.

Read about updated CDC and DOS travel guidance for Iran, Italy, China, South Korea, Japan, and Hong Kong and President Trump's entry ban for foreign nationals who have been in Iran within 14 days.

Read about New York State’s federal lawsuit against DHS and CBP for the Trump Administration's recent ban on Global Entry enrollments and renewals for New York residents.

The Trump administration has introduced a number of new rules, regulations, and policies intended to maximize efficiency within the EOIR. Employers, legal counsel, and any individual in immigration court proceedings should be aware of these updates, due to their potentially adverse impact on the independence of immigration judges and respondents’ due process rights as they navigate the legal system.

Read an update on DHS’s suspension of Trusted Traveler Programs for NY State residents due to NY’s Green Light Law allowing DMVs to issue licenses regardless of an applicant's immigration status.

This alert covers recent State Department and US Consulate notices regarding restrictions on entry into the US related to the spread of the coronavirus.

Read about DHS’s suspension of Trusted Traveler Programs enrollment for NY State residents due to NY’s Green Light Law allowing DMVs to issue licenses regardless of an applicant's immigration status.

This alert discusses DHS’s implementation of its new public charge rule and USCIS’s announcement that updated forms will be required for petitions and applications filed on or after February 24, 2020

Read about the administration's temporary suspension, effective Feb. 2, of the entry of non-US citizens or permanent residents who have been in China, excluding Hong Kong and Macau, during the prior 14 days.

This immigration alert provides details on a proclamation from President Trump extending the travel ban as well as an announcement that the United States is temporarily suspending the entry of foreign nationals who have been in China.

On January 24, 2020 the US Department of State published a rule that amends part of the regulations governing the issuance of “B” visitor visas. This regulatory amendment now establishes a rebuttable presumption that an applicant for a “B” visitor visa, who a consular officer believes will give birth during her visit to the US, is applying for the visa and traveling to the US for the primary purpose of securing US citizenship for the child.

The United States Department of State (DOS) recently made a number of significant changes to visa “reciprocity” tables.  Reciprocity involves either additional fees, or shorter validity periods (or both) for visa applicants from certain countries and for certain visa classifications.

If a permanent resident plans to become a U.S. citizen, he or she should be aware that certain behaviors could have an adverse affect. The Immigration and Nationality Act lists establishing Good Moral Character as a requirement for naturalization. There are some crimes which, if a person has been convicted of at any time during his or her life, disqualifies him or her from becoming a U.S. Citizen.

This memorandum serves as a guide to employers who are hiring or continuing to employ foreign national employees in temporary work status.  It is important to note that employers cannot ask employees or candidates for a specific document during the I-9 process. However, if an individual has questions about which documents they should provide to document their identity and work authorization, this memo will help you to discuss the options that they have to provide valid I-9 documentation.

Foreign nationals applying for a visa stamp at a U.S. Consulate or Embassy abroad must complete and submit the online Form DS-160 before scheduling the visa interview. Each foreign national (including dependents) seeking a visa stamp must complete a Form DS-160. The consular officer at the U.S. Embassy or Consulate will use the information entered on the DS-160 to process the visa application, combined with a personal interview and review of the applicant’s social media accounts, to determine eligibility for a nonimmigrant visa.