How has COVID-19 affected U.S. Immigration?

By Jessica Suotmaa 0

The COVID-19 pandemic has resulted in a halt in our daily lives, and significant (temporary) changes to the U.S. immigration system.  In this article, we have compiled coronavirus related immigration changes by category, or circumstance.  However, we do not go into specifics as it would depend on your individual situation and would require our attorneys’ review.  Please contact our office if you’d like an experienced immigration attorney to review your specific circumstance.

COVID-19 Testing & Public Charge Rule

On March 13, 2020, the United States Citizenship & Immigration Services (USCIS) announced the “testing, treatment, nor preventative care (including vaccines, if a vaccine becomes available) related to COVID-19” does not fall under the public charge condition. Therefore, certain nonimmigrants seeking an to adjust status or to extend stay can still test and treat COVID-19 via publically funded programs such as Medicaid or Medi-Cal. In fact, USCIS encourages anyone with coronavirus symptoms to seek medical treatment or preventative services, promising it will not negatively affect a foreign national as a part of its future public charge analysis.

To read more about public charge, and what it usually entails, click here.

COVID-19 Caused Unemployment & Public Charge Rule

In the same breath, USCIS has confirmed that it generally does not consider unemployment insurance receipt as part of the public charge determination.  Department of Homeland Security (DHS) stated it does not consider federal and state retirement, social security retirement benefits, social security disability, post-secondary education, and unemployment benefits as public benefits under the public charge inadmissibility rule. The reason is that these benefits are “earned” and to qualify for them one must have contributed via employment and specific tax deductions.

The USCIS policy manual for public charge inadmissibility determination also clearly states that unemployment benefits are an “earned” benefit are are not considered under this rule.

USCIS Office Closures

Since March 18, 2020, USCIS announced the cancellation of in-person visits until at least May 3, 2020. Check with your local office to see if they’re up and running, and whether you can reschedule your appointment, schedule a new appointment, and how to go about rescheduling.

Although in-person services with USCIS are halted, their lockbox is still open for receipt of applications and petitions.  Unfortunately biometrics and medical exams cannot be scheduled at this time, which may delay the processing of any application or petition that requires finger printing or interviews.  For example, the I-765 Employment Authorization renewal can still be mailed for processing, and USCIS has indicated it would process work permit renewals using previously taken finger prints.

On March 27, 2020, USCIS announced it will extend the deadlines to any Requests for Evidence (RFE) or Notice of Intent to Deny (NOID) dated between March 1st and May 1st, 2020 by sixty (60) days. This automatic extension also applies to Notices of Intent to Terminate (NOIT) and Notices of Intent to Revoke (NOIR). Certain field offices may have additional extensions that apply to even earlier notices. Check with your field office website or call the office for confirmation.

To contact USCIS, click here, or call (800) 375-5283. If you’d like assistance in the scheduling or rescheduling of your appointment, contact our office for advice.

ICE Office Closures

Immigration and Customs Enforcement (ICE) has announced that it will not be searching medical facilities, such as hospitals, for illegal immigrants.

Due to COVID-19, detention centers no longer allow “social” visitors to visit detainees.

Whether or not your specific field office is open, and whether you need to check-in depends on the location and your individual situation. If you have questions, please contact your designated office. If you need assistance in determining whether you need to make the visit, or someone to accompany you, please contact our office.

Immigration Court Closures

The Executive Office of Immigration Review (EOIR), or immigration court, in Los Angeles is currently only open for detainee hearings and filings.   If you have a pending case with the immigration court, and are not sure where you stand, you can contact the court or our office for additional support.

 

Finally, refugee entries have been restricted, and the asylum agreement with Guatemala has been stopped for the time being. If you have questions regarding how COVID-19 has affected your particular circumstances, do contact our office to speak with an experienced immigration professional.

Deportation is not the end

By Lum Law Group 0

Deportation has become a source of tears, hardship, and anxiety for many of our clients in recent months.  The new administration has tightened policies, increased the number of ICE arrests, and limited the amount of discretion at the disposal of individual officers. As a result, we have seen an increase in the number of detainees and deportations.  Many have weighed heavily on our minds weeks, or even months afterwards, and we have struggled to communicate effectively the hope we still hold for them.

Yes, there is hope.

Banned from Returning

Each immigration case is different, as it depends on the number of years you are banned from returning to the United States. There are five year bans, ten year bans, 20 year bans, and even permanent bans, which are issued depending on why you were removed and on whether you have a criminal record.  Generally, non-citizens who entered the US illegally without inspection or who overstayed, are unlawfully present in the US.  If you have been unlawfully present for over 180 days, but less than one year, you are banned for three years.  If you have been unlawfully present for over one year, you are barred from re-entering for ten years.

Form I-212

Once deported, you can file I-212 Application for Permission to Reapply for Admission to the United States. You can file the I-121 if you were deported or ordered removed and voluntarily departed. You may also need to file the I-212 if you were previously removed and then re-entered unlawfully, or if you were illegally present in the United States for over one year.  The I-212 should be filed with applicable supporting evidence and the filing fee alongside a visa application.  Supporting evidence can range from family ties in the US to changed country conditions to rehabilitation, depending on your individual reasons for inadmissibility. By submitting the form, you are asking Immigration (USCIS) to overlook your “inadmissibility” (the reason you were deported) and grant you another application that would allow you to re-enter the US (such as a Visa application).

If granted, you are able to re-enter the US and do not have to worry about your previous illegal status.

Form I-601

If you are deemed inadmissible for circumstances other than illegal entry and unlawful stay, then you may need to file an I-601, Application for Waiver of Grounds of Inadmissibility alongside your other applications.  The I-601 Waiver requires you to prove extreme hardship to an immediate family member who is a US citizen or permanent resident.

USCIS has deemed extreme hardship factors to include (but not limited by) health, financial considerations, education, personal considerations, and special factors. Evidence of extreme hardship should be carefully annotated, but keep in mind the I-601 Waiver is a discretionary relief, meaning the officer reviewing your case will interpret your extreme hardship and decide whether to grant your request for waiver.

When preparing to file for I-601, it’s important to note that while you may qualify to apply, there is no guarantee that your application will be accepted.  Your chances of success may be low if you have previously violated immigration law, if you have criminal charges/arrests/convictions, or marriage fraud.  Such circumstances could weaken your application and require proof of more extreme hardship than others.

Re-entering Illegally is a Felony

We cannot stress enough how important it is to re-enter the United States lawfully post-deportation. The reason is that illegally entering the United States is a misdemeanor (8 U.S.C. § 1325), but illegally entering, or attempting to enter, the United States after removal is a felony crime (§ 1325 is 8 U.S.C. § 1326). Your previous proceedings and orders will be “reinstated”, meaning you’ll likely not have a chance to defend yourself in front of an Immigration Judge and you may be permanently barred from entering the US.

 

If you’re unsure as to whether you qualify for any of the above waivers, or if would like to know your chances, talk to an experienced immigration attorney.