public charge rule and covid-19

By Jessica Suotmaa 0

The “Public Charge” rule in a nutshell is how new green card applicants will be judged based on how financially self-sufficient they are, and consequently how likely they are to become reliant on welfare.  We have previously covered the new Public Charge Rule that was to be enforced since February 24, 2020:

With our current situation due to COVID-19, at least our home state of California has widened the reach of unemployment benefits and even announced an eviction moratorium until September 30, 2020, it’s hard to imagine the possibility of a long-time awaiting immigrant to lose the opportunity of permanent residence in the United States due to coronavirus induced financial difficulties.

Many have suffered job losses, illness, and other hardships as a result of the COVID-19 pandemic, which was declared a public health emergency on January 31st, 2020.  Here’s what we know:

On July 29th, 2020, a federal judge blocked the “Public Charge” rule from being enforced.  This block also applies to the rules regarding private health insurance for visa applicants.

United States Citizenship and Immigration Services (USCIS) announced the following:

  • USCIS will not reject or deny any green card application (form I-485) based on the public charge rule, even if it was filed after February 24, 2020;
  • USCIS will not reject or deny any green card application that is missing the new public charge form (I-944) or includes incomplete information;
  • USCIS will continue to process permanent residence applications according to rules prior to the release of the Public Charge Rule;

In the same announcement, USCIS stated that it would apply the Public Charge Rule to applicants applying from abroad after February 24, 2020.

 

If you have any questions regarding your green card application or the Public Charge Rule, please contact our office to speak with an experienced immigration specialist.

Who and What is exempt from the Public Charge rule

By Jessica Suotmaa 0

On Monday, February 24, 2020, the new United States Citizenship and Immigration Services (USCIS) Public Charge rule goes into effect. While we’ve written about it in-depth before, we would like to assure our readers which services and benefits are exempt from the rule, and who the rule does not affect. This article serves to clearly summarize all the public benefits you do not need to be worried about.

Let’s start with who needn’t be worried about the a Public Charge rule:

  1. Asylees and Refugees
  2. Victims of Trafficking
  3. Victims of Domestic Violence
  4. Anyone granted relief under the Cuban Adjustment Act, the Nicaraguan and Central American Relief Act and the Haitian Refugee Immigration Fairness Act

Also, please note that the Public Charge rule applies to individuals trying to enter the U.S , adjust status, or apply for permanent residence. It does not affect your green card renewal (unless you’re absent for 6 months or longer) or citizenship application (naturalization).

Holders of U-visas, T-visas, or those who have TPS, or Special Immigrant Juvenile Status also need not worry about the public charge rule affecting their visas.

Next, let’s look at which benefits are exempt from the rule:

  1. State or local health plans (e.g. Medi-Cal)
  2. Children’s Health Insurance Program (CHIP)
  3. Special Supplemental Nutrition Program for Women, Infants, and Children (WIC)
  4. School lunch programs
  5. Shelters
  6. Food banks

In other words, the Public Charge Rule looks at the age, health and income of the incoming immigrant and checks for the following public assistance programs:

  • Supplemental Nutrition Assistance Program (SNAP, EBT, Food Stamps)
  • Federal Public Housing Program or Section 8 Housing
  • Medicaid (except emergency services, children under 21 years of age, pregnant women, and new mothers)
  • Cash Assistance Programs

Any benefit or assistance program not listed above will not be counted towards the public charge. If you’re not sure though, ask us!

If I marry a US Citizen, will I avoid deportation?

By Jessica Suotmaa 0

Many of our non-status clients believe marrying a U.S. citizen will solve their immigration problems.  Undocumented clients will either jump into a marriage head first for a chance at a marriage green card, or they’d wait until they’re detained to marry their beloved.  Then, they’ll come to us and expect the marriage certificate to solve all of their problems. We’re here to tell you it’s not as simple as that; if you’re an undocumented immigrant married to a U.S. citizen, you can still be deported.

Unfortunately, qualifying for a marriage-based green card requires more than just a marriage certificate proving marriage to a U.S. Citizen.

Here are the four other questions to ask yourself if you’re considering a marriage-based green card:

1. Is your marriage legitimate?

Not only does your marriage to a U.S. citizen have to be genuine, but you also need to be able to prove it.

Many clients believe a few photos and a lovey dicey appearance will suffice at the interview, but it’s more complicated than your romance narrative. For immigration purposes you need to show proof of joint residence and shared finances in addition to documents showing your love.

A good immigration lawyer can review your case and existing documents or help you prepare your petition and application.

2. Did you enter the U.S. legally?

Although after marriage you’re now an “immediate relative of a U.S. citizen”, how you entered the U.S. still matters. In order to adjust your status after your Petition for Alien Relative (Form I-130) is granted, you have to be eligible.  Part of being eligible is having entered the U.S. legally (e.g., with a valid visa) and being in status at the time of adjustment.

If you did not enter the U.S. legally, are undocumented, or have overstayed your allotted time, you may be ineligible to obtain permanent residence. Consult an experienced immigration attorney to see if you are banned from re-entry and if you qualify for any ineligibility waivers.

3. Do you and your spouse have enough money?

To obtain a green card, the applicant must be financially secure and/or sponsored by a relative or other U.S. Citizen or Legal Permanent Resident. To qualify for adjustment of status, you’ll have to show pay stubs, tax returns, and other documents proving financial independence.

Applicants are now required to file an additional form, I-944 Declaration of Self-Sufficiency which requires even more detailed financial information to prove you won’t require government assistance in the future.

4. Are you healthy?

All adjustment of status applicants have to undergo a medical examination to prove they are in good health. You will also be required to see an immigration-approved doctor for a full physical. You’ll be required to have received certain vaccinations and even prove you’ll have health insurance to cover any medical issues you may have.

See our article on Public Charge and the Healthcare Ban for more information.

If you’re concerned about your answers to any of the above questions, or if you just want to be certain, give us a call and we’ll review your situation to see how we can help you in your marriage-based adjustment.

form i-944 public charge

By Jessica Suotmaa 0

After finalizing the new Public Charge of Inadmissibility rule, United States Immigration and Citizenship Services (USCIS) has announced that new green card applicants will be required to file a “declaration of self-sufficiency”.  The not-yet-released Form I-944 is an additional requirement for all Form I-485 Application to Register Permanent Residence or Adjust Status submissions starting October 15, 2019.  In this article, we will examine the September 26, 2019 draft copy of the Form I-944, Declaration of Self-Sufficiency and its accompanying I-944 instructions.

Note: USCIS has not released the final version of the Form I-944 and Instructions to Form I-944 and the contents of this article is based on just one of many draft copies of the two documents. 

Who has to file a Declaration of Self-Sufficiency?

  • Any adjustment of status or green card applicant filing with a Form I-485;
  • Any non-immigrant category affected by the Public Charge rule, such as: H1-B, L-1, L-2, and H-4;
  • Any visa category affected b y the Public Charge rule, such as F-1 visa and OPT holders;
  • Any applicant filing for an extension of one of the above could be served a Request for Evidence (RFE) demanding a Form I-944

What do I need to prepare for the Form I-944?

The following information will be asked for on the form:

  • Basic: name, alien registration number (A number), social security number (SSN), etc.
  • Household: marital status, household members, household income, etc.
  • Financial: assets, liabilities, income, credit score, bankruptcy, etc.
  • Education: language skills, certifications, degrees, etc.
  • Employment: career prospects, work history, retirement, etc.
  • Health: medical conditions, medical history, health insurance, etc.
  • Public Benefits: use of discontinued use of public benefits, etc.

Now let’s break down each section to see what you’ll need to prepare for in terms of both information and supporting documents.

  • Basic information required on the form include any personal information already entered on your other USCIS forms, including the I-485, Application to Register Permanent Residence.  The only difference is that this form requires you to authorize the Social Security Administration (SSA) to verify your social security number.

Documents you may need: SSN card, passport, birth certificate, local ID, marriage certificate

  • Household information includes all members of your household, their basic information (A numbers), and any immigration benefits they are currently applying for or have previously received.  Household information can also include anyone who claims you as a dependent on their federal income tax returns.

Documents you may need: prior year tax returns

  • Financial information includes assets, liabilities, and resources for the household as a whole. This means anyone within your household will need to provide a list of their assets, liabilities, and resources.
    • Any income that is in addition to what was reported on your federal income tax returns needs to be further listed and supported with documentation. A good example might be child support payments.
    • If your household has failed to file an income tax return, you’ll need to provide an explanation.
    • If you earned income by working illegally without a valid work permit, you’ll need to provide an explanation.
    • Any income, debts, or losses from gambling will require additional documentation as well.

Documents you may need: pay stubs, W2s, prior year tax returns, court documents, W2-Gs, 1099s

  • Financial assets include real estate property, bank accounts, trusts, stocks, retirement accounts, etc.
  • Financial liabilities include loans, mortgages, car loans, credit card debts, student loans, etc.

Documents you may need: credit report, deeds, bank statements, stock/bond certificates, notes, bankruptcy documents, property appraisals, mortgage statements, lien releases

  • Education information includes your overall education history including any language certificates, occupational and vocational skill certificates, degrees, etc.

Documents you may need: high school diploma, bachelor’s/master’s/PHD degrees, transcripts, certificates, licenses, foreign degree evaluation

  • Employment information includes your current employment status, a complete work history, any occupational licenses/certificates/degrees, any current non-immigrant visa approvals, and plans for retirement

Documents you may need: Form I-140 Approval Notice, licenses, certifications, resume, W2s, recommendation letters, pension income statements

Health information includes your medical history and your medical insurance coverage.

Documents you may need: doctor’s reports, medical test results, vaccination records, health insurance verification letter, Form 1095-B, Health Coverage, Form 1095-C, Employer-Provided Health Insurance
Offer and Coverage Form 1693

  • Public Benefits information is a list of any and all public benefits you and your accompanying dependents have previously used, currently use, or plan on using in the future. These benefits can include: social security, medicare, section 8 housing, food stamps, general assistance, any benefit for institutionalization for long-term care at government expense, for example, Intermediate Care
    Facilities for People with Intellectual disability (ICF/ID), Nursing Facility (NF), Preadmission Screening & Resident Review (PASRR), Inpatient Psychiatric Services for Individuals Under Age 21, and Services for individuals age 65 or older in an institution for mental diseases, public housing, and even USCIS application fee waivers.

Documents you may need: documentation of any public benefit received, explanations/declarations explaining your situation

 

The Form I-944 is a free form with no additional fees that does not replace the Form I-864, Affidavit of Support, but is almost as lengthy. USCIS estimates the amount of time it takes to fill out a Form I-944 is 4.5 hours, but that’s assuming you already have all of your supporting documentation.  Submitting a form without sufficient documentation can lead to a denial based on insufficient evidence. Ensure you’re prepared for your application by gathering information now, rather than later!

Still have questions? Ask us what we, at Lum Law Group, can do for you!

 

 

 

Marriage-based Immigration Interview

By Jessica Suotmaa 0

Previously, we wrote about how to prepare for your marriage-based green card beginning from the moment you decide to marry your partner.  The question of what should be brought to your marriage-based immigration interview for I-130 Petition for Alien Relative, I-485 Application for Adjustment of Status, and I-751 Application to Remove Conditions of Permanent Residence is one of the most common questions we encounter with existing clients, new clients, and clients who come to us specifically for this matter.  While the specific documents can depend on your individual situation, as may be the need for interview preparation with an experienced immigration attorney, we have gathered a general list of items you may want to prepare to bring to your immigration interview below.

Romantic Love Story

America loves a good romance, and your interviewer will appreciate a clear love story supported by evidence.  If we prepared your immigration application, we will have painted a convincing love story for immigration, arrange your photos for you, attach all relevant evidence, and describe all the little details that make up your story. However, this does not mean that it is sufficient to bring our application package with you to the interview. In the end, even though we were hired to represent you, we are still a law firm.  We present evidence to the gatekeepers at immigration, highlighting points that will meet regulations and qualifications based on law.  The immigration officer interviewing you is not meeting you to hear our version of your story; they want to hear yours.

How you want to present your story depends on you. You could be tech savvy and create a slideshow presentation (but do bring your laptop so you can show it to the immigration officer). We’re not sure how tech friendly the immigration officer is, so we recommend “safe” options, such as a scrapbook, “love board”, or collection of love letters.

In the collection, include a variety of photos and present them in a chronological timeline to show the progression of your relationship.  Do not focus on staged photos from a pre-wedding shoot, wedding shoot, or other specific event.  Candid photos are important, as are photos with other people, family members, and pets or children.

If you have gone on trips together, visited distant relatives, or met personal milestones together, do remember to showcase those life events in the presentation of your love story.

Household Matters

Where many of our love-inspired couples fail is in the preparation of the practical, household matters.  This is especially true of younger couples who are not accustomed to keeping good records of their own personal transactions, let alone combined transactions.  Since we’ve already listed all the ways you can meet immigration’s expectations on a couple’s co-mingling of finances, our focus will be on how to present this information at the interview.

If it’s your first interview, bring a binder with all the original bills and account notices for your joint accounts.  Place them in order of newest to oldest, have dividers in place or separate binders for each type of account, and be sure you’re able to describe each type of account.  Do not rely on what your attorney organized for you, especially since by the time you go to the interview you should have new bills and notices.

Note: You must have joint accounts.

We know that these days most of us go paperless and we do not necessarily keep paper records in old-school filing systems, but for the purposes of your immigration interview, it will be easier if you have it all in black and white.

Community Involvement

Relationships do not happen in a vacuum, and as such immigration expects you to interact with your community as a couple.  This means you should have photos, witness statements, certifications, or other means to prove that you have been active in your community and proven that you are a couple.  This can be difficult for individuals who are less involved in their communities, for those whom are new to their communities, and for people who simply work or study a lot.  Regardless, it will be in your advantage to prepare photos of you and your partner in a community or other setting, whether work, church, family, friends, or organization, where it is obvious you are a couple.

Note: Do not place too much emphasis on group events and photos, especially if it is not clear from the photos that you are a couple.  This can be a red flag.

You can also have mutual friends, community members, pastors, roommates, or coworkers write witness statements declaring under oath that they are witnesses to your relationship and vouch for your sincerity.

Note: Witness statements must include the witness’ name and contact information in the event immigration attempts to verify their statements.

Conclusion

If you have prepared to present your romantic love story, your financial situation, and your community involvement for you interview, you are halfway there.  Lastly, know that the immigration officer will be asking you questions. If the officer wants, he can separate you and ask you questions individually.

What questions should you be prepared for? It depends on your individual situation, but know the basics for your love story, know what care you each drive, and if you’re brave, try answering the dreaded, “Why do you love him/her?”

 

If you have additional questions or are simply worried about your upcoming interview, please feel free to contact our office for help!

 

How do you prove good moral character?

By Jessica Suotmaa 2

For the purposes of immigration, the United States Citizenship and Immigration Services (USCIS) defines “good moral character” as “character which measures up to the standards of average citizens of the community in which the applicant resides“.   A closer look at the Immigration and Nationality Act (INA) Section 101(b)(f),  which forms the basis of the policy guidance, tells us everything that is not good moral character.  In other words, USCIS has not clearly defined good moral character.

Whenever policy manuals lack a clear definition, it is up to you to prove you are worthy of discretion.  The person who reviews your case, whether an officer or a judge, can exercise discretion. This means they have the power to decide in favor or against you.  It is then up to you to provide enough evidence to convince them you are deserving of the benefit you desire.

Exceptions exist. For example, if you have been convicted of a crime, if you gamble for a living, if you are a “habitual drunkard”, or had an “extramarital affair which tended to destroy an existing marriage“.

If at this point you’re feeling pretty confident about your chances, note that the absence of something does not automatically mean the presence of something. The burden of proof is still on you.

Who needs to prove “Good Moral Character”?

Usually when we think of “good moral character”, we think of Legal Permanent Residents (green card holders) who want to naturalize and become U.S. citizens.  If this is you, then be prepared to provide five years worth of history.

Other situations in which we’ve had to prove “good moral character” includes removal defense, e.g., if you want to qualify for Cancellation of Removal; extreme and unusual hardship waivers (I-601, I-212), Violence Against Women Act self-petitioners (VAWA, I-360), and any request for discretionary relief.  We have prepared requests for discretionary relief with Requests for Joint Motions, Prosecutorial Discretion (PD), and in Immigration Court when we request the Immigration Judge to exercise PD and adjust our clients status in court.

There are certain instances when submitting evidence of good moral character does not help your case, e.g., late-filed asylum applications. If you’re not sure if you should provide proof of your good moral standing, consult an immigration attorney.

How do I prove I have a clean record?

If you know you have never been arrested or convicted of any crime, including DUIs, gambling mishaps, or domestic violence, then all you have to do is send in proof.  You might think immigration is the government, and the government has all your records, but it doesn’t matter. The law states that you have to submit proof of your eligibility, which USCIS will cross-reference with government records.

To do this, we recommend our clients to obtain the following:

  1. An Federal Bureau of Investigation (FBI) background check;
  2. A clearance letter from every location you have lived in over the past 5 years (minimum).

An FBI background check request for personal use requires a simple form and your fingerprint “card” from a live scan location. If you google a local live scan location nearby and ask for an “FBI” background check, they know what to do.  Some locations will even send the request in for you, but if not, you can fill out the form and mail it out with a money order or check. Keep in mind the FBI background check can take up to 12 weeks to process.

A “clearance letter”, sometimes referred to as a “police clearance letter”, used to be obtained from the local police department, but many departments, such as Los Angeles County, no longer provide them for USCIS purposes. Instead, you can obtain a “criminal clearance letter” certifying you have no criminal record from California Department of Justice (DOJ) by calling (916) 227-3822.

If you were living abroad, or are currently in a foreign country, you would need to obtain a Certificate of Non-criminal Record from your country of residence.  The official Travel.State.Gov website lists the name of the necessary document from each country, and which agency to obtain it from.

How do I show old records?

If you have prior arrests or convictions, you will need to provide certified copies of all related documents. This could include police reports from the local precinct documenting the arrest, certified court records, expulsions, and documents verifying completion of parole or community service.

You must submit certified original copies of all documents.

How do I counter negative counts on my record?

When evaluating for discretion, the government weighs the negative against the positive.  Imagine a scale where your negative history weighs three times more than each positive act.  How can you even the scale?

It’s difficult, but not impossible (depending on your individual situation).  We recommend you seek legal representation in assisting you to determine whether or not you are eligible for the relief you seek.

Without examining the details of your case, we can tell you that you would need to have done more good things, be a valuable member of your community, and provide more evidence than a person who does not have a negative history.  These “good things” can include: formal declarations and witness testimonies from you, your friends/neighbors/clients/employers/colleagues, volunteer records, charitable contributions, community participation, and awards of recognition.

What can I do to prepare for future applications?

Now that you know that proving good moral character is not just about avoiding trouble, but also about proving you’re a good person.  The problem many of our clients face is that it’s easy to get in trouble, and those records are usually readily available to be found, but evidence of good deeds often go unnoticed.  Our clients don’t remember every fundraiser they participated in, are not formally in any organization, and feel embarrassed to ask for declarations from their community.

We know it’s difficult, and if it were our case, we’re not sure we would be able to meet USCIS’ 30 day deadlines either. However, if you know you want to naturalize one day, or you have that mishap that happened a long time ago, then let this be your reminder: start today.  Don’t get your FBI criminal summaries and clearance letters just yet, but start keeping track of your time.  Join organizations, make connections, participate in fundraisers, and volunteer on the holidays.  Each time you volunteer, ask for a letter from the organization or fundraiser. When you leave a job, ask for a recommendation letter. Helped out a friend? Ask for a favor.  Remember, the more diverse your proof, the less room for denial by discretion.

 

Do you still have questions on good moral character? Contact our experienced immigration lawyers today!

What does public charge mean?

By Jessica Suotmaa 0

We have noticed conflicting information regarding the recent proposed changes to the existing public charge inadmissibility grounds. To read the actual notice published on October 10, 2018, the Notice of Proposed Rulemaking, from United States Citizenship & Immigration Services (USCIS), please click here. We hope this article will clarify the key questions our clients ask us regarding the current public charge policy, the proposed public charge rule, and how the changes may affect their applications, requests, and motions for adjustment of status.

What does “Public Charge” mean?

A “public charge” is a person who may become dependent on government handouts based on a number of factors, such as whether the person has already received government assistance.

The government determines whether or not an alien will become a Public Charge by considering the following:

  1. Whether the alien currently receive government cash assistance;
  2. whether the alien have received government cash assistance in the past;
  3. the alien’s age;
  4. the alien’s health;
  5. the alien’s family status;
  6. the alien’s assets;
  7. the alien’s resources;
  8. the alien’s financial status; and
  9. the alien’s education and skills.

When does “public charge” inadmissibility matter?

For immigration purposes, “public charge” applies when USCIS has to determine an alien’s admissibility, which can happen in two situations:

  1. When the alien applies to enter the United States;
  2. When the alien applies to adjust status to permanent residence (green card)

The “public charge” inadmissibility does not apply for naturalization purposes (citizenship applications).

What counts towards making one a “public charge”?

Here are a few key factors that count toward whether an alien is considered a public charge:

  • Government cash assistance for the alien;
  • Government cash assistance for the alien’s family if the alien’s overall household income is below Federal Poverty Guidelines;
  • Supplemental Security Income (SSI), such as:

What government benefits do not count towards “public charge”?

USCIS outlines the following non-cash programs as supplemental to your existing income, and therefore do not count towards making an alien a “public charge”:

Cash benefits that you earned also do not count towards public charge. Examples of earned cash benefits include social security benefits, unemployment benefits, government pensions, and veterans’ benefits.

But I’m a refugee/asylee and have no money–will I be denied for being a “public charge”?

USCIS states that the public charge inadmissibility grounds do not apply to everyone and that certain groups may be allowed to enter or adjust status despite falling under the “public charge” determination. These groups include:

  1. Refugees;
  2. Asylum applicants;
  3. Refugees and asylees applying for green cards;
  4. Amerasian Immigrants;
  5. Anyone with approved relief under CAA, NACARA, HRIFA;
  6. T-visa applicants;
  7. U-visa applicants;
  8. T-visa holders trying to adjust status (green card);
  9. U-visa holders trying to adjust status (green card);
  10. Applicants for Temporary Protected Status;
  11. Certain applicants under LIFE Act Provisions.

What if I am in removal proceedings (immigration court)?

The current regulations for determining whether an alien in removal proceedings is a public charge are more strict.  The Board of Immigration Appeals (BIA) has determined that inadmissibility based on public charge is based on the “totality of the alien’s [financial] circumstances at the time of […] application.”

In addition, aliens in removal proceedings can be ruled as public charges if any of the following circumstances apply:

  • mental disability;
  • physical disability;
  • advanced age; or
  • other fact “reasonably tending to show that the burden of supporting the alien is likely to becase on the public”

What are the proposed changes to the existing public charge grounds?

The impact of the proposed rule is twofold:

  1. It would tighten the way the government determines whether you will ever become a public charge;
  2. It would make it more difficult for certain individuals to obtain visas to enter the United States.

For any non-immigrant alien who is already in the U.S. and who may be considered a “potential public charge”, the proposed changes will disallow any extension of stay in the same visa category, hinder them from changing to another non-immigrant visa classification, and prevent them from adjusting their status (green cards).

How will the new rule be more strict on government benefits?

The new proposed rule is less relaxed when it comes to the receipt of benefits.

First, it counts “easily monetized” non-cash benefits as cash benefits, which means it will include SNAP/food stamps, rental assistance, and Section 8 vouchers among others.

Second, it limits the total amount of cash benefits a household can receive within 12 consecutive months to 15% of the Federal Poverty Guidelines.  For example, in 2018 15 percent in a household of one is $1,821, so if an alien were to receive more than $1,821 in a year, then that alien would fall under “public charge” and be ineligible for adjustment of status or admission.

Third, regarding non-cash benefits that are not “easily monetized”, such as Medi-cal or Public Housing, the new rule limits the number of months to 12 in a 36 month period (non-cumulative). This means that if an alien has Medi-cal for more than one year within a three year period, they would be considered inadmissible and ineligible on the grounds of public charge.

Fourth, the proposed rule introduces a new standard, which is the combination of benefits. If an alien is likely to receive a cash or “easily monetizable non-cash benefit” in addition to a non-cash benefit for a period of 9 months or longer, then the alien is automatically considered a public charge.

Finally, the new proposed rule will carefully consider the affidavit of support (I-864) when required in an alien’s application.

What does the new proposed rule NOT do?

The proposed rule does not affect the benefits of dependents or other household members. Any cash benefit for the alien’s dependents would not count towards the alien’s household income.

Certain benefits are also not considered, such as Head Start, national school lunch programs, foster care and adoption, emergency medical assistance, and disaster relief.

What other factors will the new rule consider for public charge?

USCIS states that the following “weigh heavily” in finding an alien is likely to become a public charge:

  1. The alien is not a full-time student and work authorization (work permit) but cannot show current employment.
  2. The alien does not have a good work history.
  3. The alien does not have the experience or training necessary to show “reasonable prospect of future employment”.
  4. The alien currently receives, is certified, or has been approved to receive one of the public benefits above the allowed threshold;
  5. The alien has received one or more of the public benefits above threshold within the last 36 months;
  6. The alien has a medical condition that is likely to require extensive medical treatment or institutionalization that will interfere with the alien’s ability to provide for himself;
  7. The alien has a medical condition that requires extensive medical treatment and it seems unlikely he will be able to afford private health insurance;
  8. The alien has previously been found inadmissible or deportable based on a public charge.

What will prevent me from being considered a “public charge”?

To prove that you are not at risk of becoming a public charge, you can prove that you have sufficient financial assets, resources, and support amounting to at least 250% of the Federal Poverty Guidelines for your household size.

Alternatively, you can prove that you are currently working and have an annual income of at least 250% of the Federal Poverty Guidelines for your household size.

For your reference, for a household of two, say husband and wife, the alien would have to earn at least $41,150 (individual, not combined income). For a household of four, say husband and wife with two kids, the alien would have to earn at least $62,750. For a family of six, say husband and wife and one set of grandparents, the alien would have to earn at least $84,350.

When does the new rule go into effect?

The new rule is still “proposed” (and not “final”), and will be published in the federal registry by the end of the year.  After which, it will be open for “comment” for 60 days.  It is possible that adjustments will be made to the rule, or that it will not pass.

Green Card Holders - Get naturalized now!

By Justin Lum 0

If you’ve been a permanent resident (green card holder) for five years or longer, why have you not applied for citizenship yet?

Our immigration attorneys are always encouraging people to apply for naturalization–relatives, friends, and clients alike! We don’t encourage you to apply for citizenship to collect attorney fees, rather, we encourage you to obtain your citizenship for your own sake. We’re just Good Samaritans looking out for you and your family.

“Of course I want to be a U.S. Citizen”

If you understand why we encourage permanent residents to apply for citizenship–that’s great! Stop reading right now and go file your application immediately! These days, filing your N-400 Application for Naturalization couldn’t be easier–you can apply via mobile app and even pay with a credit card.

However, due to a great number of permanent residents realizing the importance of citizenship, United States Citizenship and Immigration Services (USCIS) is behind in processing and the entire process may take a year–or longer! All the more reason why you should get started on your naturalization process today (See our article: Want to get Naturalized? Here’s everything you need to know!)

“But, <insert your excuse>”

If you’re not sure why we’re strongly encouraging green card holders to apply for naturalization, then keep reading, because we have an important message for you.

Here’s the message:

As a U.S. permanent resident, your residency permit is not guaranteed.

What this means is that you may lose your green card at any moment. It could be caused by a change in laws, an unforeseen arrest, or perhaps you’ve had too many DUIs. You could lose your green card if you decided to study abroad, work abroad, or visit relatives for an extended period of time. You could have your permanent resident card revoked at the border for any one of the above reasons, and in the extreme, you may even be placed in a detention center or deported.

In other words, your “right” to remain in the U.S. is conditional, meaning it can be taken away from you.

With many changes being made under the new administration where current laws and regulations are being followed more closely than ever before, it’s important to review your history and decide if it’s time to naturalize.  Green card holders with criminal records are being detained and deported. The amount of time a permanent resident stays in the U.S. versus abroad is closely scrutinized.  Border control inspect green card holders carefully, checking their “permanent residence” category, flagging suspicious looking residents, and running FBI background checks.

If our message doesn’t convince you to apply for citizenship, then consider USCIS’ Top 10 Reasons Why You Should Get Naturalized:

  1. Voting Rights – The right to vote for gov’t representatives.
  2. The Right to Serve on a Jury – The right to participate in justice.
  3. U.S. Passport – The ability to travel with a U.S. passport and be protected in the U.S. embassies of foreign countries.
  4. Bring Relatives to the U.S. – The right to petition for relatives to immigrate to the U.S.
  5. Children under 18 can become U.S. Citizens – For your children, even if born abroad, to (likely) have automatic citizenship.
  6. Apply for Federal jobs – The right to apply to the many federal positions that are limited to U.S. citizens.
  7. Run for Public Office – The right to become a politician and represent your community.
  8. Maintain Residency – The right to leave the U.S. for as long as you want and still be welcome back.
  9. Eligibility for Federal grants and scholarships – The right to apply for federal student grants and scholarships.
  10. Eligibility for Government benefits – The right to apply for certain gov’t benefits that are limited to citizens.

If you’re convinced, head over to the USCIS N-400 page to read more about the naturalization process, or read our summary here.

If you have still have questions, send us a message or give us a call!

Getting married? Prepare for immigration

By Justin Lum 0

Many of our clients come to us for assistance with their Adjustment of Status (I-485), better known as green card, applications, thinking it will be as simple as filling out a form and paying the filing fee.  It is not.

Those who come to us after receiving a Request for Evidence (RFE) or worse–an Intent to Deny know this to be true.  They tried to file an adjustment application on their own, DIY style, and soon found that USCIS requires more from a spouse petitioning for the other than a marriage certificate.

When love needs proof

In fact, USCIS requires several items in order to prove a bona fide (genuine) marriage.  You can prove that your relationship is true, and not formed for the purpose of obtaining immigration benefits (marriage fraud) by showing the emotional, romantic aspect of your relationship, but also the practical, future-planning aspects of your relationship.  For immigration purposes, you have the burden of proof, meaning it is your duty to show the immigration officer that your marriage is real and it is the immigration officer’s duty to assume your marriage is fake. A good rule to keep in mind while preparing your applications.

When love is not enough

Many young couples focus on the romance, providing photo after photo, love messages, photos with joint friends, declarations, love letters, love emails, and even proof of milestones celebrated together.  If you have such evidence, they should definitely be submitted, but a romantic relationship is not the same as marriage.  The immigration officer wants to see proof that your “boyfriend” or “girlfriend” is not just your crush, but is also your “life partner”.

Examples of proof:

  • You both have State Drivers Licence with the same shared address
  • You’re the “emergency contact” for each other at work
  • You’re both listed on your lease (and you should live together)
  • You’re both listed on each other’s auto insurance (or you share a policy)
  • You have an add-on gym membership for one or the other

Money trumps love

How do you prove that you’re entwined for the long haul? You share money. USCIS wants to see married couples enmesh their finances from the day they get married.  If you plan on applying for adjustment right after getting married, it might be a good idea to get started while still engaged as USCIS prefers to see continuity.

Examples of proof of joint finances:

  • Joint bank account
  • Joint credit card (or a side card)
  • Joint debt
  • Joint phone lines
  • Joint car ownership
  • Joint property ownership
  • Joint medical insurance policy
  • Joint rental/home insurance policy
  • Joint auto insurance policy
  • Joint utility bills
  • Joint tax returns
  • Trust where you’re both beneficiaries

When you have a love child

If you’re expecting a child, or have already given birth to one, then birth certificates and photos of your child will be proof of a love relationship as well.

 

As you can tell from the list, some of these take time to create and change, some take time to apply, and others take time to obtain. It doesn’t help to create a joint bank account today and submit a statement tomorrow as there will be little to no transactions on the statement (a detail many forget!)  Be sure to start preparing for your marriage-based adjustment as early as you can to avoid time wasted on RFEs or just your lawyer, asking you for these things before submitting.

 

Let's shake on it

By Lum Law Group 2

If you were applying for a green card in the past, you could do it yourself. However, today you need competent counsel to help you.

Our current government is changeable, as evidenced by the new eighteen-page I-485 Adjustment of Status form–as opposed to the old six-page form.  Now, the need for an attorney begins before you submit that application, not after when you encounter problems.

When you decide to marry a US citizen or non-citizen, that’s when you need to talk to an immigration lawyer.

At Lum Law Group, we care about our clients. We want to help you safely navigate the landmine that has become the immigration process.  Contact us today to find out how we can help you!