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Proposed Law on Public Charge for Denying Cases for More Current and Potential Welfare Benefits Recipients

Tiyalaw — Thu, 27 Sep 2018 07:00:27 +0000

Proposed Law on Public Charge for Denying Cases for More Current and Potential Welfare Benefits Recipients

Recently, U.S. Citizenship and Immigration Services (USCIS) proposes new law to widen the “public charge” determination for recipients of various welfare benefits. Those who are likely to become a “public charge” at any time in the future will be inadmissible and disqualify from various immigration green card applications, admissions, visas; and nonimmigrant change of status and extension of stay.
USCIS will publish the effective date for proposed rules upon completing public comments and reviews.

The public benefits (beyond certain thresholds) that are covered by the proposed “public charge” determination includes:

Receipt of designated public benefits, including cash assistance for income maintenance, Medicaid (with limited exceptions for Medicaid benefits paid for an “emergency medical condition,” and for certain disability services related to education), Medicare Part D Low Income Subsidy, the Supplemental Nutrition Assistance Program (SNAP, or food stamps), any benefit provided for institutionalization for long-term care at government expense, Section 8 Housing Choice Voucher Program, Section 8 Project-Based Rental Assistance, and Public Housing. Generally, these covered benefits represent the largest Federal programs for low-income people by total expenditure that address basic living needs such as income, housing, food, and medical care.
Under the proposed rule, receipt of public benefits that are not covered by the 1999 Interim Field Guidance (i.e., Medicaid, the Medicare Part D Low Income Subsidy, SNAP, and the designated housing benefits) would not be considered for public charge purposes. Only such benefits receipt that occurred after a final rule becomes effective will be considered public charge.

The proposed rules will not affect foreign nationals specifically exempted from the public charge ground of inadmissibility, such as refugees, asylees, Afghans and Iraqis with special immigrant visas, nonimmigrant trafficking and crime victims, individuals applying under the Violence Against Women Act (VAWA), and special immigrant juveniles; and also excludes consideration of benefits received by U.S. citizen children of aliens who will acquire citizenship under either section 320 or 322 of the INA, and by alien service members of the U.S. Armed Forces.

Additionally, most lawful permanent residents would not be subject to inadmissibility determinations; certain exceptions apply.

For additional information, please visit:

https://www.uscis.gov/legal-resources/proposed-change-public-charge-ground-inadmissibility

September 22, 2018

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship. By Aik Wan Kok, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & info at tiyaimmigration dot com; Tel (from abroad): 001-7037728224;

https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

Aik Wan Kok at Tiya represents companies, employers, individuals and families, located nationwide and internationally, in U.S. Immigration Law. We focus on diverse immigration cases such as extraordinary ability; national interest waiver; PERM; green card; N-400 Naturalization; various waivers; H cases; L executive, manager and specialized knowledge professional; E treaty investor/trader; cases with USCIS, U.S. Department of Labor, U.S. Consulates and National Visa Center.

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Implementing New Immigration Policy on Referral for Removal/Deportation

Tiyalaw — Wed, 26 Sep 2018 23:12:37 +0000

Implementing New Immigration Policy on Referral for Removal/Deportation

On October 1, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin implementing updated immigration policy (issued on June 28, 2018) on removal (deportation).

A removal proceeding is initiated by filing a Form I-862, Notice to Appear (NTA) with the Immigration Court. Although U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) have authority to issue NTAs, USCIS may also initiate NTAs.

Generally, NTA issuance applies to following situations:

1. National security cases.

2. USCIS will continue to issue NTAs in the following circumstances:

(a) Termination of Conditional Permanent Resident Status and Denials of Form I-751, Petition to Remove the Conditions of Residence (8 CFR §§ 216.3, 216.4, 216.5).

(b) Termination of Conditional Permanent Resident Status and Denials of Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status (8 CFR § 216.6).

(d) Denials of Nicaraguan and Central American Relief Act (NACARA) Section 202 and Haitian Refugee Immigration Fairness Act (HRIFA) adjustment of status applications: 1. NACARA 202 adjustment denials (8 CFR § 1245.13(m)); 2. HRIFA adjustment denials (8 CFR § 245.15(r)(2)(i)).

(e) Asylum, NACARA Section 203, and Credible Fear cases

3. Fraud, Misrepresentation, and Abuse of Public Benefits Cases under various circumstances.

(a) Criminal cases/issues under various circumstances

4. Denial of N-400 under various circumstances including, but are not limiting to:

(a) Good moral character (GMC) grounds based on the underlying criminal offense, and that the alien is removable.

(b) Ineligible for naturalization such as inadmissible at the time of adjustment or admission to the United States.

5. Upon issuance of an unfavorable decision for an application, petition, or benefit request, and the alien is not lawfully present in the United States, USCIS will issue an NTA. For examples, I-485 application for adjustment of status, I-539 application to extend or change nonimmigrant status

6. Other miscellaneous circumstances including, but are not limiting to: Upon request by a foreign national on a limited and discretionary basis.

7. The NTA policy issued on June 28, 2018 will not be implemented with respect to employment-based petitions and humanitarian applications and petitions at this time – existing guidance for these case types will remain in effect.

For additional information, please visit:

https://www.uscis.gov/news/alerts/uscis-begin-implementing-new-policy-memorandum-notices-appear

and

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2018/2018-06-28-PM-602-0050.1-Guidance-for-Referral-of-Cases-and-Issuance-of-NTA.pdf

September 26, 2018

https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

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New U.S. Immigration Restrictions are Setbacks for Humanity & US Revenue: Famous Children’s-Book Author (Mem Fox), and Former Norwegian Prime Minister Detained for Questioning by U.S. Immigration

Tiyalaw — Tue, 28 Feb 2017 17:04:07 +0000

New U.S. Immigration Restrictions are Setbacks for Humanity & US Revenue: Famous Children’s-Book Author (Mem Fox), and Former Norwegian Prime Minister Detained for Questioning by U.S. Immigration

U.S. has enjoyed a diverse talented workforce, and vibrant immigration history, ancestry and economy. The new immigration restrictions are a setback to humanity and U.S. revenue.

The new immigration restrictions, and the unnecessary border detention and interrogation will deter international tourism and future talented workforce, important sources of U.S. revenue.

According to data from the World Trade Organization (UNWTO), a specialized agency of the United Nations, the U.S. international tourism brought in US$1.5 trillion of income in 2014. The new immigration restrictions will dampen international tourism.

For examples, due to the effects of new U.S. immigration restrictions, recently in February 2017, the famous and beloved children’s-book author, Ms. Mem Fox, was detained for a long time by U.S. Immigration (U.S. Customs and Border Protection) (CBP) at the Los Angeles airport, for questioning. Ms. Fox is the celebrated author of children’s books such as Possum Magic, and Ten Little Fingers and Ten Little Toes. Ten Little Fingers and Ten Little Toes was an official gift from Australia to the British royal couple, William and Kate, to welcome their new son (Prince George). During the unfortunate CBP immigration detention, Ms. Fox was visiting America for a conference where she was scheduled to deliver a keynote speech on teaching children to read. According to interviews conducted by reputable news media with Ms. Fox, Ms. Fox says she can’t imagine traveling to the U.S. again.

Similarly, in January 2017, in an effort to implement the new immigration restrictions, CBP at Washington’s Dulles International Airport unnecessarily prolonged the immigration detention and interrogation of former Prime Minister of Norway, Mr. Kjell Magne Bondevik, because of his prior Iranian visa in his diplomatic passport. Mr. Bondevik visited Tehran to speak at an anti-extremism conference. As a former leader of a European nation, Mr. Bondevik is also the president of a major human rights organization and the owner of a diplomatic passport. Based on interviews of Mr. Bondevik by CNN, Mr. Bondevik had deep concerns regarding the new U.S. immigration restrictions.

CBP is a U.S. law enforcement agency for border management and control, combining customs, immigration, border security, and agricultural protection. With over 60,000 employees, CBP is one of the world’s largest law enforcement organizations.

In 2011, immigrants made up of 12.8 percent of the U.S. population, but 15.9 percent of the workforce, according to National Conference of State Legislatures (NCSL). Notable foreign-born professionals in just one industry alone who contributed to the U.S. economy included, but are not limited to, big names such as Terminator’s and Total Recall’s Arnold Schwarzenegger, former James Bond’s star Pierce Brosnan, Silence of the Lamb’s Anthony Hopkins, Selma Hayek, Catherine Zeta-Jones, and Rachel Weisz of the mega movie “The Mummy”.

The U.S. enjoys continuous growth in GDP, according to data from the Bureau of Economic Analysis (BEA) of the U.S. Department of Commerce. The new immigration restrictions, together with the unnecessary border detention and interrogations, are bludgeoning the applications for admissions into the U.S. by international visitors. In the near future, the U.S. may not achieve or exceed the 2014 US$1.5 trillion of income it has derived from international tourism. These immigration restrictions are a turn-off to talented foreigners, discouraging them from applying their expertise within the U.S. As such, these new immigration restrictions are also disadvantageous to the long-term U.S. GDP.

Given the current immigration maelstrom, please contact an immigration attorney prior to travelling to the U.S.

February 28, 2017

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship. By Aik Wan Kok, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & info at tiyaimmigration dot com; Direct dial from abroad: 001-703-772-8224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

Need help with green card, work visas, work permit, sponsoring family, sponsoring employees, sponsoring relatives, hardships or immigration waivers, U.S. naturalization/citizenship, and cases with USCIS, Department of Labor or immigration? We represent employers, companies, individuals, and families in U.S. Immigration & Nationality Law. Our clients are based nationwide in the U.S. and internationally. We represent diverse immigration cases including, but are not limiting to: extraordinary ability; national interest waiver; PERM with U.S. Department of Labor; I-130 for sponsoring relatives and families; I-140 for employment green card; I-485 to adjust status; I-765 work permit/employment authorization; I-131 for international travel and returning to the U.S; I-601 extreme hardship waiver relatives of U.S. citizen or green card holder; I-751 joint filing or waiver; I-212 waiver for deportation or removal order; J waiver; H-1B professional worker/specialty occupation; H-2B temporary worker; L executive, manager and specialized knowledge professional transferring from overseas; E treaty investors/traders; B-1 business visitor to the U.S.; B-2 visitor to the U.S.; F-1 student coming to study in the U.S.; matters pertaining to consular processing with U.S. consulates and National Visa Centers; cases with USCIS; cases with U.S. Department of Labor; PERM audit; RFE Request for Evidence; NOID Notice of Intention to Deny; and many more.

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CBP Travel Tips for Summer, Busiest Travel Season in USA

Tiyalaw — Fri, 01 Jun 2012 14:00:29 +0000

CBP Travel Tips for Summer, Busiest Travel Season in USA

Summer is the start of the busiest travel season to the United States of America (USA). U.S. Customs and Border Protection (CBP) is reminding travelers of some important tips especially to help expedite the processing of returning U.S. citizens or residents, and international visitors. CBP is agency within the Department of Homeland Security and overseas the management, control and protection of USA nation’s borders at and between official ports of entry. The travel tips include:

Travelers may speed up their crossing through a land border port with a radio frequency identification enabled travel document (RFID-enabled cards) such as a U.S. passport card, border crossing card or permanent resident card issued after 2008, enhanced driver’s license/enhanced identification card or trusted traveler card.
Travelers should also ensure they have an approved travel document:

The Western Hemisphere Travel Initiative requires U.S. and Canadian citizens, age 16 and older to present a valid, acceptable travel document, such as a passport, a U.S. passport card, a trusted traveler card (NEXUS, SENTRI, Global Entry or FAST/EXPRES), permanent resident card or an enhanced driver’s license that denotes both identity and citizenship when entering the U.S. by land or sea.
U.S. and Canadian citizens under age 16 may present a birth certificate or alternative proof of citizenship when entering by land or sea.
All travelers must have a valid passport book for international air travel.

3. All nationals or citizens of the 36 Visa Waiver Program (VWP) countries are required to have an approved Electronic System for Travel Authorization (ESTA) prior to boarding when traveling by air or sea to the U.S. under the VWP. ESTA applications may be submitted at any time prior to travel (and should be submitted as soon as possible) at http://www.cbp.gov/xp/cgov/travel/id_visa/esta/ An approved is generally valid for up to two years or until the applicant’s passport expires, whichever comes first. Authorizations will be valid for multiple entries into the United States.
CBP provides the following “Travel Checklist”:

□ Have all the required travel documents and identification for entry or re-entry to the United States. Passports are required for air travel. Visit travel.state.gov for country-specific information. ( travel.state.gov )

□ Citizens of Visa Waiver Program countries should have an approved Electronic System for Travel Authorization (ESTA) before boarding.

□ Foreign nationals traveling on a visa should have a completed I-94 form when approaching CBP processing.

□ Travelers should have a completed Customs Declaration form (6059b) upon reaching CBP processing: (a) Declare everything you are bringing from abroad, even if you bought it in a duty-free shop; (b) Things bought abroad for personal use or as gifts may be eligible for duty exemptions but not things for resale.

□ Travelers should know the difference between prohibited merchandise (which is forbidden by law to enter the U.S.) and restricted merchandise (items needing special permit to be allowed into the U.S.). For more information, please visit the Restricted/Prohibited section of the CBP website at http://www.cbp.gov/xp/cgov/travel/vacation/kbyg/prohibited_restricted.xml .

□ Travelers should not attempt to bring fruits, meats, dairy/poultry products and/or firewood into the United States without first checking whether they are permitted. For more information, please visit the Bringing Agricultural Products Into the United States section of the CBP website at http://www.cbp.gov/xp/cgov/travel/clearing/agri_prod_inus.xml .

□ Travelers should factor additional time into trips during busy travel seasons and understand that CBP must conduct a thorough inspection of the nearly one million travelers entering the country each day.

□ Travelers should understand that CBP officers can inspect you and your personal belongings without a warrant. This may include your luggage, vehicle, and personal searches and is meant to enforce our laws as well as protect legitimate travelers.

□ Travelers should monitor border wait times for various ports of entry at (http://www.cbp.gov/xp/cgov/travel/wait_times/ . Travelers are encouraged to plan their trips during periods of lighter traffic or to use an alternate, less heavily traveled port of entry. For more information, travelers can find up to date wait time information on the CBP website.

□ Travelers who are frequent international travelers should apply to be a member of a trusted traveler program, if not already done so. For more information, please visit the Trusted Traveler section of the CBP website at http://www.cbp.gov/xp/cgov/travel/trusted_traveler/ .

□ Travelers should be familiarized with the “Know Before You Go” brochure or section of CBP.gov. ( CBP.gov )

May 30, 2012: By Aik Wan Kok Fillali, Attorney USA Immigration Services, at Tiya; Tel: 703-772-8224; Email: koka at tiyalaw dot com

https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

We represent companies, employers, individuals and families in green card, work visa and citizenship matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

This article is intended for informational purposes only; and should not be relied on as legal or any advice, or attorney-client relationship.