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.

undocumented & deportable

By Jessica Suotmaa 0

Amid recent news on an increase in Immigration & Citizenship Enforcement (ICE) raids, many may worry about detainment. While California is immigrant-friendly, it doesn’t mean law enforcement won’t turn you over to ICE.  It also does not prevent federal agents from taking you into custody. If you’re undocumented and worry you might be detained or deported, then this article is for you.

We’ve already written about how employer’s can guard against on-site job raids. We’ve also referenced many resources for undocumented immigrants to learn about their rights.  You can always call us if you you have questions about your options or current immigration case. And we’ve discussed deportation and even waivers for inadmissibility. Now it’s time to talk go over precautions you can take to protect your family if you are at risk of deportation.

1. Memorize a phone number that’s not your own

We can all (hopefully) remember our own phone number, but do you remember the number of your emergency contact? How about your immigration attorney?

…Our number is 626-795-8886, by the way.

Be sure to remember at least one phone number of a reliable person whom you can call if you’re detained.  This phone number should belong to someone who is available or who at least has a voicemail set up with an inbox that is not full.

2. Assign your kids a guardian

If you have children, and this is especially true if they’re U.S. citizens or lawful residents, they will need a guardian when you’re detained.  Someone should know to pick up your kids from school, to take them home, or to stay in your home to care for them.

Someone should also be assigned to be legally responsible for them. Relatives can be informal guardians, but anyone can be given Informal Guardianship Authorization. This form would allow the guardian to enroll your kids in school, take them to the doctor, sign up for Medi-Cal, and other necessary items. Ask us about the form, or ask your school and medical professional what forms they offer.  Prepare the necessary paperwork and sign multiple copies so that everyone has one.

3. Give someone trusted access to your info

Does your spouse, mother, child, or other emergency contact have access to your home? Do they have a key to your house? Your car? Do they know where their legal documents are? Do they know who your attorney is?

Be sure to organize all your immigration documents, forms, and other supporting documents in an accessible place. If you have criminal records, legal documents from your home country, tax records, or any other important documents, place them in the same space.  Include any other “positive” documents about your American life, your family and children that may help your immigration case.  Ensure your emergency contact knows where your legal documents are stored.

4. Prepare your loved ones

If you have an alien registration number (A#), be sure to share that with your friends and loved ones. If you are detained and they need to find you, they need certain information about you.  Specifically, your full legal name (or names, if you have multiple), date of birth, and alien registration number. Share the Online Detainee Locator link with your loved ones.

Preparedness is important as it reduces stress for both you and your loved ones when you’re detained.

5. Know your rights

As an undocumented immigrant, you still have rights.

You have the right to silence. You have the right to tell the officer you do not wish to speak.

You have the right to speak to an attorney.

You have the right to privacy of your home and vehicle. You have the right to exit your home and meet officers outside (rather than let them in). You have the right to inspect a warrant to verify if an immigration signed it.

Don’t be afraid to ask for your rights!

What is form 220b, Order of Supervision?

By Jessica Suotmaa 2

The form 220b is an “Order of Supervision” is a detailed form with instructions on when, how, and how often you have to check in with Immigration and Customs Enforcement (ICE).  The Order of Supervision is handed out to aliens who are released from detention, released from custody, or who are low-risk and therefore not taken into custody as part of the Intensive Supervision Appearance Program (ISAP).

To be “under an order of supervision” is similar to being “on parole” in that the alien who receives it is “charged” with something (usually a crime, such as “unlawful presence”) and “ordered” to obey certain orders.

The Form 220b is for aliens who are in custody or have been ordered removed by an immigration judge during their removal proceedings.

The Order of Supervision is a privilege, or “conditional release”, offered by the government due to their own inability to deport, remove, or detain the alien, thus allowing the alien “to be at large”.

The first page shows how certain conditions apply, such as:

  • To appear when requested at a time and place specified
  • To appear for medical or psychiatric examination if requested
  • To provide information under oath re: nationality, circumstances, habits, associations, and activities deemed appropriate
  • To not travel outside a specific geographic area for more than 48 hours without first having notified ICE with a list of dates and places for “proposed travel”
  • To notify ICE of any changes in employment or residence within 48 hours
  • To report to ICE in person at the designated office
  • To assist USCIS with obtaining any necessary travel documents
  • …and anything else that may apply in your case

The second page has the following:

  • a photo of the alien
  • the alien’s finger print, and
  • a record of each “report” to ICE (date, time, location, officer)

This page must be brought to each visit. Do not lost it.

On the third page, there is a list of additional conditions that may apply in your case, such as:

  • no association with criminals or gang members
  • registration with a substance abuse program and provide ICE with proof
  • registration in a sexual deviancy counseling program and provide ICE with proof
  • registration as a sex offender with the appropriate agency
  • no criminal activity
  • report to parole or probation officer as required within 5 business days
  • follow all mandated reporting and supervision requirements as outlined by the parole or probation officer
  • follow any prescribed doctor’s orders, whether medical or psychological, including taking prescribed medications
  • make good faith and timely efforts to obtain a travel document and assist ICE in obtaining a travel document
  • submit travel document application to all appropriate embassies and consulates and provide ICE with proof of receipt
  • provide ICE with copies of any and all correspondence related to travel document applications from the embassy or consulate
  • contact the embassy or consulate within 21 calendar days to follow up on application
  • comply with any request from embassy or consulate for an interview and make good faith efforts to obtain travel document
  • participate in a supervised release program

It’s important to note that any violations to the terms checked in the Order of Supervision will transfer your case from the “alien monitoring program” to the Detention and Removal Operations (DRO) program.

Once in the DRO program, ICE will notify the alien re: violation and request an appearance.  If the alien does not check in, then “the case will be referred to the local and fugitive unit for immediate action” where the fugitive unit will “locate and apprehend the subject”.  Meaning an “unlawful alien” or illegal immigrant is upgraded to a “fugitive” status where “fugitive operations” can commence.

Contact Lum Law Group with any questions you may still have on the form 220b, Order of Supervision.

References:

ICE Policy Memo: Eligibility Criteria for Enrollment into the ISAP and EMD Programs

http://www.ice.gov/doclib/foia/dro_policy_memos/dropolicymemoeligibilityfordroisapandemdprograms.pdf