7 Things to Know About USCIS new Fee Rule

By Jessica Suotmaa 0

On July 31, 2020, the United States Citizenship & Immigration Services (USCIS) released the final rule regarding their proposed changes to immigration benefits and their associated fees.  While many news agencies have highlighted the increased costs in fees, and many non-profits have highlighted how asylum applicants would have to pay a fee, the actual rule includes many other provisions that may affect your specific circumstances. Before the rule goes into effect on October 2nd, 2020, find out whether you should begin that application or petition process you’ve been thinking about.  In this article, we highlight the five most important points to know about the new 2020 USCIS benefit and fee changes.

1. Form Fees Will Go Up

USCIS has announced many form fees will increase in order to meet their adjudication costs. Here’s a copy of their published list:

2. Asylum Applications Now Have a Cost

In order to file an asylum application, applicants will have to pay a $50 application fee and a biometrics fee of $30.

Application fees will be waived for initial EAD (Form I-765) and green card application (Form I-485) for those who were granted asylum or admitted as refugees.  In addition, the fee for refugee travel documents will continue to be reduced.

Note that the rule states:

“At the USCIS Director’s discretion, USCIS may waive or exempt the fee for any
form, including those filed by asylees and refugees. See 8 CFR 106.3(b), (e).”

 

3. Fee Waivers May not be Available

Not only does the new rule restrict which forms qualify for a fee waiver, it also adjusts the income restriction from 150 percent of the Federal Poverty Guideline (FPG) to 125 percent of FPG. To see what the federal poverty guideline means in 2020, click here.

USCIS is also changing the language in its fee waivers from “inability to pay” to clearly defined requirements, such as requiring W2 wage statements, federal income returns, or IRS certificate of non-filing to prove income. This removes the “means-tested benefit” as proof of low income, meaning proof of qualifying for benefits intended for low income recipients would not be enough to prove fee waiver eligibility, e.g. submitting Medi-Cal benefit card or food stamps statement.

Here’s a list of forms and their fee waivers for your convenience:

4. Applying Online is $10 Cheaper

To encourage online application filing, USCIS will lower the online application fee by $10.00 compared to the fee for the same paper form.

5. Biometrics Fees Changed

Overall finger print fees are reduced from $85 to $30, except for DACA applicants.

 

6. No Refunds for Fees

While we weren’t aware this was an issue, but the rule clarifies that all USCIS fees are “generally” non-refundable. This includes adjudication fees, H-1B registration, DACA, etc.

 

7. DACA Fees Remain the Same

Contrary to the proposal, USCIS will not be increasing DACA application and renewal fees, but will maintain the fees that were in effect before September 5, 2017 (no change).

 

Do you have questions about USCIS new rule regarding fees and benefits? Was there something specific you had expected to read about, but was not highlighted? We would like to hear from you! Leave us a comment or send us an email.

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.

attending and scheduling an immigration appointment during COVID19

By Jessica Suotmaa 0

During the novel COVID-19 pandemic, we are all trying our best to stay safe, stay home, and keep our distances.  However, with United States Citizenship and Immigration (USCIS) offices opening up starting June 4, 2020, some of us may need to make a visit.

A few reasons why you may need to visit USCIS include:

Generally, if your appointment was cancelled due to office closures, you do not need to do anything. You will receive a new appointment notice in the mail.  This also applies to biometrics appointments for finger printing.

If you need an appointment for some other purpose, e.g. an INFOPASS, then you can make one through the USCIS contact center if your local office is open. Not all offices will be open, so check the USCIS office closures page to see if your nearest office is on the list. If it is, it’s closed.

If you need assistance with an application or petition, scheduling an appointment, or cancelling a scheduled appointment, feel free to contact our office for support.

When visiting USCIS offices, be sure to be prepared in the following ways:

Remember to follow the general coronavirus guidelines in moving outdoors, which is to stay home if you’re feeling unwell.  If you are sick, have symptoms, or have been in contact with someone who is sick, please cancel your appointment immediately according to the instructions on your appointment notice.  Your appointment will be rescheduled without penalty.

 

How to request extension of stay due to coronavirus

By Jessica Suotmaa 0

Our office has received numerous inquiries on extensions of stays for those who are in the country on non-immigrant visas.  For some, flights were cancelled by the airline, by their home country, or by other restrictions on travel.  For others, it could be an illness, an imposed quarantine, or a sick family member. Regardless of what the reasons behind the need for extension, the procedure for visa extension is the same for non-immigrant visa holders during the COVID-19 global pandemic.

Non-immigrant Visa

Non-immigrant visa holders needing to extend their stays can apply online on the United States Citizenship and Immigration Services (USCIS) website or by filing a paper copy of the form I-539 Application to Extend/Change Nonimmigrant Status.

Note: The form I-539 now includes questions related to the Public Charge rule as announced on the USCIS alert:

“The final rule requires certain applicants and petitioners seeking extension of stay and change of status to report certain information related to public benefits. Due to litigation-related delays in the final rule’s implementation, USCIS is applying this requirement as though it refers to Feb. 24, 2020, rather than Oct. 15, 2019. Please read all references to Oct. 15, 2019 as though they refer to Feb. 24, 2020.

USCIS will not consider, and applicants and petitioners submitting applications and petitions for extension of stay and change of status do not need to report the receipt of any public benefits received before Feb. 24, 2020.

Certain classes of aliens are exempt from the public charge ground of inadmissibility (such as refugees, asylees, certain VAWA self-petitioners, U petitioners, and T applicants) and therefore, are not subject to the final rule.”

If you have further questions or are in need of assistance with extending your non-immigrant visa stay, feel free to contact our experienced immigration attorneys.

Visa Waiver Program (ESTA)

If you did not enter the U.S. on a non-immigrant visa, but are nonetheless stuck here due to the coronavirus, we’ll explain the process of how to request an extension of stay.

U.S. visitors who entered through the Visa Waiver Program (ESTA) have ninety days to leave the country. However, if your flight was cancelled due to COVID-19, or if you have other circumstances that require you to extend your stay, you can request approval for Satisfactory Departure through U.S. Customs and Border Protection (CBP).

On April 17, 2020, CBP announced it is offering flexibility for ESTA holders to return home past the initial 90-days if their travel is affected by COVID-19.  ESTA holders can request up to 30-day extensions by either:

  1. Contacting the CBP office at the Port of Entry or Deferred Inspection Site
  2. Contacting USCIS Contact Center (1-800-375-5283)

The “port of entry” refers to where you entered the United States, e.g. Los Angeles International Airport (LAX). The deferred inspection site is usually at an airport or U.S. border as well.

We contacted LAX CBP to determine how to apply for an Extension of Stay and here’s the response we received:

  • You must apply within 14 days of your visa expiration (not earlier)
  • Your extension must be based on a “serious emergency“, such as hospitalization, conditions that require flights to be delayed or cancelled for more than 24 hours
  • If your extension of stay request is based on COVID-19, you’ll have to attach relevant documentation such as flight cancellation notices, positive test results, medical records
  • For ESTA holders, you must include a Extension of Stay request form, signed Affidavit (form), copy of passport biographical page, copy of U.S. nonimmigrant visa (ESTA), and copy of admission stamp in passport

Please note that if you emailed your submission without all necessary documents, your request will be ignored (not denied). You will have to resubmit a new request.

Others who may use this method to request an extension of stay include:

    • F-1 Visa International Students
    • J-1 Visa Exchange Visitors
    • Work visa holders
    • L-1 Visa Holders
    • Adjustment of Status Applicants
    • Refugees

The Extension of Stay request can be completed by an attorney as well. Please contact our office if you would like a consultation, guidance, or assistance with your Request for Extension of Stay.

Your Immigration Status and Unemployment Benefits in California during the COVID 19 Crisis

By Lum Law Group 0

Your Immigration Status and Unemployment Benefits in California during the COVID 19 Crisis (and can your medical care during the COVID 19 crisis make you inadmissible)

As we are all aware, California is under lockdown and stay safe provisions whereby only essential workers, such as healthcare and supermarket employees, are allowed to work. As a result, our economy has entered a recession with a record number of employees being laid off or furloughed leading to a record number of unemployment claims.

The question is, if I am not a U.S. citizen, can I claim unemployment? Will it affect my ability to become a permanent resident and/or a U.S. citizen even if I can claim unemployment? Does unemployment constitute a public charge under immigration laws?

1. Can I claim unemployment?

In California, in order to claim unemployment, one central question is can you be employed if you were offered a job? If the answer is “yes,” you can receive unemployment compensation.

What this practically means is that you are either a permanent resident (who automatically has a legal right to work), or you otherwise have legal status to work, i.e., have a work permit, although you are not a citizen, or permanent resident. Examples would be asylees, refugees, individuals who have been granted withholding of removal; people awaiting adjudication in Immigration Court who have qualified for a work permit. These individuals have a right to work, but must obtain a work permit to do so.

Therefore, these individuals can receive unemployment benefits. So long as the work permit is valid, they would be able to be employed and therefore can obtain unemployment benefits.

Unfortunately, this also means that if an individual is out of status, even if the individual managed to hold a job despite not having a work permit, she will not be able to make a claim for unemployment because she does not have a legal right to work and could not work in the future.

2. Will receiving unemployment benefits prevent you from becoming a permanent resident or U.S. citizen? No.

In February 2020, this year, the present administration passed a new rule, stating that anyone who is classified as a “public charge” is inadmissible for certain immigration benefits. This includes individuals applying for permanent residence under a relative, or individuals attempting to enter the United States under an immigrant or nonimmigrant status. First of all, the public charge disqualification does not apply to permanent residents applying for citizenship.

Although this blog is not discussing all the ways someone can be classified a public charge, one often misunderstood condition is the use of public money. This can be in the form of Medicaid, food stamps, SNAP benefits, among others. However, what has been determined is that unemployment benefits are not classified as “public money” that would disqualify an individual as a “public charge”. Therefore, those individuals eligible to claim unemployment should do so. Unemployment benefits are not a public charge for immigration purposes.

3. Public Charge and COVID 19 medical care – Medical care under such circumstances is not a Public Charge

As stated above, typically use of services like Medicare would be considered in determining an individual’s inadmissibility as a “public charge”, however, USCIS has stated that any individuals who receiving testing, treatment and preventive care (including a vaccine if one becomes available) for COVID-19 will not be considered in the public charge test, even if the treatment is provided or paid for by one or more public benefits, such as Medicaid, for example. Therefore, medical care paid for by public funds is not a Public Charge where individuals can show medical care was related to COVID 19 testing, treatment, or medical care.

Can I get a covid-19 stimulus check if I'm undocumented?

By Jessica Suotmaa 0

On April 15, 2020, California Governor Newsom announced that undocumented adult immigrants will receive a $500 stimulus cash payment from the State. As previously discussed, many undocumented immigrants do not qualify for the federal CARES ACT stimulus check.  Undocumented immigrants also do not qualify for unemployment insurance benefits.  As a result, California will distribute $500 dollar stimulus checks, up to $1000 per household, to undocumented Californian immigrants.  This money will come from the state’s 75 million dollar disaster fund and supplemented by a 50 million dollar donation by philanthropists for a total of 125 million dollars.

The announcement states that the fund will begin accepting applications in May 2020, and approximately 150,000 undocumented immigrants will receive the cash payment.

It was not clear to us exactly how these 500 dollar cash payments will be distributed, but with some digging, we found a list of “relief funds” for undocumented immigrants. The list is in English, Spanish, and Chinese.  According to the list, there are national relief funds and local relief funds available to undocumented immigrants who meet the listed requirements. We are not sure at this time if these funds are one of the avenues for the California relief payments, but they may be worth checking out regardless.

If you have questions about California’s guidelines and regulations on shelter-in-place, essential work, staying safe, etc., you can refer to California’s Immigrant Guide.  The guide includes information on the public charge determination, which has been translated into several languages, including Chinese, Korean, and Tagalog.

Some key notes we identified from the California immigration guide include:

If you need COVID-19 testing but don’t have private health insurance…

“Even if you are undocumented and/or don’t have insurance, you can get necessary testing and treatment for COVID-19 through Medi-Cal emergency services, even at a local clinic.”

If you have Medi-Cal, but aren’t sure what’s covered…

“Emergency services are free for enrolled Medi-Cal beneficiaries which includes COVID-19 testing, evaluation and treatment services.”

If you don’t qualify for unemployment insurance benefits because you’re undocumented but you tested positive for COVID-19, are caring for a family member who is sick, and so forth…

“Undocumented immigrants may be eligible for State Disability Insurance (SDI) and Paid Family Leave.”

If you cannot afford to pay rent due to the COVID-19 pandemic…

“Under the Executive Order, you are still required to eventually make up rental payments you miss, but you will not be evicted for nonpayment of rent until at least June.

In order to qualify for the eviction protections, you must notify your landlord in writing within 7 days of your nonpayment that you cannot pay all or part of your rent due to COVID-19. For example, if your rent is due April 1st, then by April 8th.”

How has COVID-19 affected U.S. immigration? Are you a small business owner with questions on how to manage it during the pandemic? Do you have other questions regarding COVID-19 and how we can assist you? Contact us today. We’re here to help.

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.

Coronavirus Economic Stimulus Relief Check

By Jessica Suotmaa 0

Are you wondering if you qualify for the stimulus check from the new COVID-19 stimulus bill that was signed on March 23, 2020? The economic stimulus increased unemployment benefits and provides a round of payments to qualified Americans and their children, among other things.

In this article, we will answer the most common questions our readership may have related to the stimulus bill.

Q: Who qualifies for the relief?

In most articles, the wording is left at “Americans”, as in “Americans” earning a certain amount of money (below a threshold) qualify for the stimulus check.  But, what does “Americans” breakdown to mean? Does it include permanent residents? Or is it for citizens only?

A: Any U.S. resident who pays taxes and qualifies based on income restrictions will receive the relief check, including retirees and people on disability.

(more…)

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!

Immigration and the Internet

By Lum Law Group 0

Immigration and the Internet

We live in interesting times. Our current government appears to be stressing preventing people from abusing our immigration system over helping people to legitimately immigrate, or even visit. As such, people planning on coming to the United States, and visitors and green card holders here in the United States must be aware of their presence on the Internet.

In the latest news, several news outlets are reporting that Immigration and Customs Enforcement of the Department of Homeland Security has purchased marketing information in order to locate phone numbers and individuals whom it suspects are out of status. Here are a few of those reports:

https://www.wsj.com/articles/federal-agencies-use-cellphone-location-data-for-immigration-enforcement-11581078600

https://www.vox.com/recode/2020/2/7/21127911/ice-border-cellphone-data-tracking-department-homeland-security-immigration

Of course, those individuals here should follow U.S. laws regarding immigrant and visitor status. Here at Lum Law Group, with our over 50 years experience, we are doing our best to help individuals and companies here and abroad navigate these waters in these turbulent times to insure they are compliant with the current laws, and to understand their alternatives based on each individual’s circumstances, whether that arises in a family or business setting.

Telling your story to immigration

By Jessica Suotmaa 0

Storytelling might not be the first thing that comes to mind when planning your immigrant or non immigrant benefit application or petition, but it is worth considering.  The United States Citizenship & Immigration Services (USCIS) forms request a great number of facts while leaving little room for explanation. As such, many self-applicants may believe they should summarize their story into a short “blurb”.  We’re here to tell you this is not the case.

Regardless whether you’re trying to immigrate through family or asylum, petitioning for benefits based on hardship, or if you’re seeking nonimmigrant status via employment or investment, you should share your story.  Many of our clients submitted short summaries at the beginning, expecting the chance to expand and share their narrative later at the interview—only to find the interview is based on what was submitted. The interviewer will question new information that was not initially submitted as it suggests that you fabricated additional details to your story. This may not be true, but it’s cause for suspicion.

On the opposite spectrum, you have applicants and petitions who provide too much information, drowning the reviewing officer in data and evidence. How much time do you think a USCIS employee has to review and adjudicate on your application? It’s probably less than you’d think. Hence our suggestion to submit organized and clear submission packages. Not only is there limited time to review your submission, but it might be reviewed by several people, to varying extents.  Without a clear link, or narrative, to string your evidence together, your submission can be confusing at best; overwhelming at worst.

What immigration attorneys and paralegals do for you is they listen to understand your story, apply it to USCIS standards, request relevant evidence, draft your narrative for you, and organize the evidence to match your story.  The result is a clear and persuasive essay.  You can request to review this essay prior to submission, but it will become the “cover sheet” the attorney puts on his letterhead for your submission package. The coversheet is like the table of contents and introduction to your request, and is especially influential in long, complex cases, where the officer will exercise discretion.

If you’re not sure how your narrative can be supported, organized, and argued, don’t try to submit on your own. Don’t let your application become a question mark or headache for the reviewing officer. Hire an experienced immigration attorney to review, prepare, and organize your USCIS submission for increased clarity!

4 Common Mistakes On Immigration Applications and Petitions

By Jessica Suotmaa 0

Immigration clients often come to us with botched cases. Either they tried to do it themselves and failed, or they hired a less-than-reliable paralegal office that mishandled their case. Some mistakes are made even in our care. Here are the four most common immigration application/petition mistakes we hope you’ll avoid.

Submitting an incomplete or erroneous application/petition

Clients often rush through the forms, and by mistake leave out a detail from a decade or two ago. Our office, like any office, can only help you ensure your form is filled out completely and matches the information you provided us. We do not know if you had a DUI 20 years ago. We do not know if you have a criminal record that was expunged 15 years ago. These are facts that we may be able to verify and obtain records to support your case, but without a client request we would not think to look for it.

It is the client’s responsibility to think through their past and ensure the forms reflect complete and accurate data.

Failing to pay the complete and exact fee

Often clients will write a check for the wrong amount, such as in the case when the application fee has recently changed. Sometimes clients fail to account for biometrics fees (finger prints for background check), and other times they expect to pay fees separately when they should all be submitted at once.  We have even clients whose applications were significantly delayed because they did not have enough funds in their bank account when the funds were cashed. Don’t be like them; check the fees and use a credit card, money order, or savings account to pay your immigration application or petition fees.

Failing to submit sufficient evidence

If only we had a nickel for every client who hired us after they received their Request for Evidence (RFE). It’s very common for clients to follow generic checklists they found online, or the advice of a friend or an acquaintance who did it themselves without considering their individual cases. Based on your individual circumstances, your application or petition may require different supporting documents or additional evidence.  Immigration used to always request that information from you after you file using an RFE. Nowadays it is not guaranteed.

Failing to respond to a request for evidence or additional information by the deadline

Clients can still receive a request for additional documentation at the interview. An immigration officer may determine after speaking with you that they need more data. They will set a deadline and you will have to produce that information either in person or by mail before the deadline.  If you miss the deadline, your case will likely be denied.

While everyone makes mistakes, don’t let your mistake delay your immigrant or non-immigrant status.  Talk to an experienced immigration today about how we can help you avoid delay!

7 Most Frequently Asked Questions about the EB-5 Visa

By Jessica Suotmaa 0

With the upcoming EB-5 investor visa changes underway, many clients have been asking about the EB-5 visa.  If you’re interested, we encourage you to apply for the EB-5 investor program before November 21, 2019. By applying before the deadline, you can take advantage of current investment thresholds ($1 million, $500,000). If you reach the end of this list and still have questions, do reach out to us as soon as possible!

1. Who can apply for the EB-5 investment visa?

Unlike family-based or employment-visas, the EB-5 investor visa is available to anyone with the funds to invest. An EB-5 investor does not need special relations, education, or skill set—only money.

 

2. How much money do I need to apply for the EB-5 investor visa?

Starting November 21, 2019, the minimum investment is 1.8 million dollars—or 900,000 dollars for targeted employment areas. The EB-5 petition fee is $3,675.

 

3. Can I use retained earnings as part of my initial investment?

USCIS does not consider the company’s retained earnings as part of the your investment.

 

4. Can a promissory note be used as investment capital?

If the promissory note is unsecured, then no it cannot be used as part of your investment. However, a secured promissory note can be used as part of your investment capital as long as you can show that the capital securing the note belongs to you.

 

5. Can someone gift me the funds for my EB-5 investment?

In order for the gift to be counted towards your investment, you would have to pay all applicable gift taxes. In addition, you’d have to show proof of transaction and demonstrate that the funds will not be returned to the gifted after you’re granted your EB-5 visa.

 

6. Do funds from a joint bank account qualify for my EB-5 investment?

As long as the joint bank account is yours and meets general joint bank account requirements, then yes.  You would have to show proof the account is held between you and your spouse, and it is under your name.

 

7. How long does it take for an EB-5 investor to obtain a US green card (permanent residence)?

The answer depends on the applicant’s country of origin. See the USCIS visa bulletin for a specific timeframe as it applies to your country of origin.

Generally, it takes about 1.5-2 years to receive your conditional green card. This time estimate includes the initial EB-5 petition process, which can take about six months. Once you have your I-526 approval, you would apply for an adjustment of status (if in the US), or an immigrant visa (if abroad).

 

Do you have additional questions about the EB-5 investor visa program? Comment them below or send us a message!

Healthcare Ban

By Jessica Suotmaa 0

Starting November 3rd, 2019, the new “Healthcare Ban” will affect incoming lawful immigrants.  This ban is similar to the travel ban in that the same Immigration Nationality Act section that upheld the travel ban also serves as the basis for the Healthcare Ban.

The President announced that the influx of incoming immigrants without access to private health insurance are a burden to America.  Since the US healthcare system is already in distress, we are banning immigrants without private insurance from entering the US.

Most importantly, any immigrant who cannot afford private insurance within 30 days of entry will not be issued a visa.  The lack of private healthcare can also impact an immigrant’s ability to obtain permanent residence.

What counts as “private health insurance”?

Private health insurance providers are non-subsidized private health plans that can be purchased through your employer (employer-subsidized) or from the insurance company directly (non-subsidized).  Immigrants who qualify for publicly subsidized health insurance plans do not qualify. Any health insurance bought with Covered California, for example, would not qualify since they’re taxpayer-subsidized.

Migration Policy reported 34 percent of lawful immigrants do not have health insurance while another 31 percent rely on publicly funded or subsidized health insurance, meaning the new Healthcare Ban can severely reduce lawful immigration.

Note: Under the Public Charge regulation, Medicare recipients could be denied immigration benefits.

How much medical coverage does the insurance have to cover?

The announcement states the health insurance policy should cover to a reasonable degree, which we can only assume means it depends on your health condition.  We can safely guess this from the Public Charge guidelines, but we won’t know until further guidance is released.

How soon do I have to have health insurance coverage?

Incoming lawful immigrants would have to be able to obtain private health insurance within 30 days of entrance. Not only that, but they would have to be able to prove that they can afford to purchase health insurance within the next 30 days.

Migration Policy estimates the new Healthcare Ban will reduce legal immigration by two-thirds.

Who is excluded from the Healthcare Ban?

Lawful permanent residents, refugees, asylum seekers, and children will not be impacted by the Healthcare Ban.

What if I’m staying short-term and I don’t want to purchase health insurance?

The announcement states that if you can prove that you can afford reasonable future healthcare costs, then you do not necessarily need to purchase health insurance.  What this may mean on a case-by-case situation we do not know.

 

If you are concerned about how the Healthcare Ban may affect your loved ones, including spouses, parents, and adult children of U.S. citizens, contact Lum Law Group today!

 

What Can an Immigration Lawyer Do for Me? How Can an Immigration Attorney Help me?

By Jessica Suotmaa 0

In reading our online articles, you might think we’re suggesting you don’t need a lawyer for your immigration case.  After all, we tell you about the USCIS online services, we discuss new immigration policy changes, and we even explain how to prove your case. But this is not our intention. We do believe our services are of value, and we certainly do not believe our articles should be taken as legal advice.  Always contact our office directly, preferably by phone, to discuss your unique immigration case.

You may wonder wherein lies the value of an immigration attorney? How can an immigration lawyer help me? Why should I pay more when I can fill out the form myself? Here’s our why:

1. Legal Knowledge

While you may adept at googling information on the world wide web, an immigration attorney is trained in…immigration law.  An immigration attorney spends years studying in law school, and then graduates and continues to read additional books, government policies, and immigration court cases to find relevant information to help his or her clients.

Finally, where a paralegal may be trained in procedural tasks, an attorney is trained to think critically, to analyze your case, and to think like an adjudicator–in other words, the person deciding the outcome of your immigration case.

2. Legal Representation

When you do-it-yourself, you literally are on your own.  When you hire a paralegal to prepare things for you beforehand, you still have to present it by yourself in front of an immigration officer, ICE officer, or immigration judge. The paralegal cannot represent you.  They might be able to accompany you for moral support, but that is the limitation of what a paralegal can do for you.

An immigration lawyer can represent you in any and all of the above settings.  The immigration attorney can visit you in the detention center. They can accompany you for your immigration interview. Or they can appear before the immigration judge and speak on your behalf.

If you have doubts as to your confidence in representing yourself in important immigration matters, hire an immigration lawyer to do what he does best: help you.

3. Agency Experience

While not all attorneys have agency-specific experience, it’s important consider this quality when evaluating immigration attorneys. Choose competent, experienced legal representation.  Attorneys who have steadily grown in the same company, come from a family practice, or who just have years and years of experience will surely know the best practices for dealing with the government agency in questions.  How? From trial and error.  An immigration attorney with more years of experience will have had more cases than a new law school graduate or an attorney who doesn’t specialize in immigration.

When choosing an immigration lawyer, choose the one who knows because there was once he didn’t know. Don’t let your case be the guinea-pig.

 

Do you have questions about the complexities of your immigration case? Make an appointment to meet the experienced attorneys at Lum Law Group today! Call 626-795-8886.

 

 

3 Changes to the 2019 EB-5 Program You Need to Know

By Jessica Suotmaa 0

On July 23, 2019, the United States Citizenship and Immigration Services (USCIS) released the long-awaited update to the EB-5 investor program, the new EB-5 investor program modernization rules (“new rules”).  The new rules will go into effect beginning November 21, 2019, if Congress extends the program past the current expiration date of September 30, 2019.

So as long as you file before November 21, 2019, USCIS will review the petition with the old rules!  USCIS will not make a decision based on the following new rules if your Form I-526 Immigrant Petition by Alien Entrepreneur is filed before the new rules go into effect on November 21, 2019.

In this article, we will cover the five most relevant changes to the popular EB-5 program.

 

1. Minimum Investment Increases

Likely one of the most important issues for those interested in participating in the EB-5 program is the minimum investment requirement. The new rules require each investor to invest a minimum of US$900,000 in a targeted employment area (TEA) and US$1.8 million if not. Previously the amounts were US$500,000 and US$1 million, respectively.

$500,000        ->    $900,000

$1,000,000     ->    $1,800,000

It’s important to note that these figures will not go down, but will adjust to inflation with an increase scheduled for every five years.  This means the next minimum investment increase will occur in 2024.

Pro Tip: Lock in your lower investment thresholds by filing a complete I-526 petition by the November 21, 2019 deadline!

 

2. Targeted Employment Areas are Rural

Where previously the TEA of low employment areas were determined by the State, now they will be determined by Department of Homeland Security (DHS).  This means California can no longer decide which areas of high unemployment can be designated as a TEA.

In addition, the New Rules state that where previously towns and cities with 20,000 residents or more could qualify for TEA even if they were located within a Metropolitan Statistical Area (MSA). The New Rules would disqualify towns and cities within MSAs to qualify for TEA status.  DHS is specifically allowing rural towns and cities with 20,000 residents or more, struggling with high rates of unemployment to qualify for TEA status.

Pro Tip: If you’re looking to invest in an EB-5 project after November 21, 2019, be sure to check whether it will still qualify as a TEA. If your project is no longer in a TEA area, your minimum investment will increase from $500K to $1.8million.

 

3. Priority Date Retention

Previously, EB-5 investors with approved petitions would lose their priority date if they had to amend their petition. With the new rules, EB-5 investors can keep their original petition approval date for the calculation of their visa priority date.  This means EB-5 investors can petition with subsequent Form I-526s and not risk losing their priority date placement.

Pro Tip: Since not all EB-5 projects work out, secure your EB-5 visa by submitting multiple I-526 petitions and use the priority date for the earliest approval!

 

To avoid the above rules, be sure to file a completed I-526 application before the November 21, 2019 deadline. Not sure if you have a good project? Need an experienced immigration attorney to review your petition? Contact our office for more information on how you can participate in the EB-5 investor program using the old rules before it’s too late!

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 does it mean to sponsor an immigrant?

By Jessica Suotmaa 0

In applying for legal immigration status, there are so many forms and formalities that are necessary that we often get in the habit of just verifying basic information and signing on the dotted line. However, if you’ve been asked to “sponsor” someone, whether a family member, distant relative, or community member, you should know what it means.

Many people seem to believe that to sponsor an intending immigrant means to “vouch” for a buddy. As in, I know he’s good for his money; or I know he’ll work hard once he gets his work permit. But that is not what sponsorship means in U.S. immigration.

Declaration of Financial Support

Sponsoring an immigrant means you are their financial sponsor.  Think of it as hosting an au pair or an international student in your home. You are responsible for that person’s living expenses. You are responsible for that person’s medical expenses. That person does not have work authorization and you must provide them with food, shelter, and spending money.  You’re that person’s bank.

If you’re thinking to yourself that it’s OK, it’s only for a short while, think again. The United States Immigration and Citizenship Services (USCIS) website specifically outlines that immigrant sponsorship lasts until the immigrant becomes a U.S. citizen, or has clocked in a certain number of work quarters–usually lasting ten years.

So sponsoring an immigrant by filling out the Form I-864, Affidavit of Support and providing your tax records means you’re liable for that person’s expenses for up to ten years.

If you’ve ever wondered why the form is so detailed, and why you need to turn in your tax returns or financial documents, now you know it’s because you’re financially responsible for the immigrant. By proving you can afford to sponsor the immigrant, you commit to paying their bills. Which brings us to an important point, don’t let the immigrant become a public charge.

Read: What does Public Charge Mean? 

Don’t Sponsor a Public Charge

Let’s say you sponsor an immigrant and they end up going on welfare. They apply for public benefits, such as Medi-Cal and food stamps, becoming a “public charge”.  This shouldn’t happen because you vouched for that immigrant. You told the government that you will cover all of their costs, including any medical issues. As a result, you may have to pay back the government all the benefits the immigrant you sponsored received.

If an immigrant you sponsored receives any means-tested public benefits, you are responsible for repaying the cost of those benefits to the agency that provided them. If you do not repay the debt, the agency or the immigrant can sue you in court to get the money owed. (USCIS)

Not Everyone Can be a Sponsor

If you’re not directly related to the immigrant, you can only be a joint sponsor. Joint sponsors pool their resources with the main sponsor to support the immigrant. Joint sponsors have to meet the same requirements and are just as liable for the immigrant’s finances.

If your legal professional offers to help you find a sponsor, find a new one. If they say they can provide the affidavit for you for a set fee, don’t pay them.  They’re charging you for illegal practices and you’re the one who will be in trouble.

Read: How to Find a Good Legal Professional

If you’re not clear on what it means to be a financial sponsor, if someone’s asked to fill out the Affidavit of Support on their behalf, or if you have questions on the application process, contact an experienced immigration lawyer today!

Should I be worried about Social Security Administration's "No Match" Letter?

By Jessica Suotmaa 0

Starting March 2019, the Social Security Administration (SSA) has been sending out letters demanding employers to correct a discrepancy between names and social security numbers. This letter is called a “No Match letter” for short.  These “Employer Correction Request Notices” (ECRN)  were common before 2012. Under the “Buy American, Hire American” directive, the SSA has resumed sending out “No Match” letters to employers. The letter promotes hiring US citizens over undocumented workers.

In this article, we will address the two situations you may be in, the first where as the employer you receive a “no match letter”, and the second, where your employer informs you they have received a “no match letter” about you. Read on to determine how worried you should be about the ECRN, or no match letter.

What Employers Should Worry About

The New York Times reports that in California’s San Joaquin Valley alone, over sixty percent of the 39,978 employees employed by a total of 49 businesses have received SSA’s no match letters.  Clearly, a “no match letter” is not uncommon and even you could receive one as a small business owner with employees.

The first step is to realize that there are many reasons why you might be receiving that “no match letter”. Don’t assume receipt of the letter means your employee lied or is working illegally.  Here are a few of the legitimate reasons why you received a “no match letter”.

  • typo on your W2/W3 forms
  • typo on the I-9
  • employee name change
  • transposition of numbers
  • identity theft
  • Sometimes the letter is generated by a typo, a name change, or even identity theft.  This is one of the reasons SSA wants employers to cooperate.

The second step is to realize the consequences of a mismatch to you.  While SSA is not threatening you with a fine or penalizing late responses that exceed the sixty day window, that does not mean it won’t affect you later.

As an employer, if you’re withholding federal income taxes, social security, and medicare then you’re also having your employees fill out a Form I-9, Employment Eligibility Verification.  Part of being prepared for an Immigration & Customs Enforcement (ICE) raid or audit is having updated I-9 forms for all your employees, and having proof that you addressed all “no match letters” received from the SSA.

In other words, an unaddressed “no match” letter from SSA proves you were aware that your employee(s) were unauthorized to work or even illegally present in the United States.  To avoid the hefty fines of noncompliance with immigration laws, employers should address employees regarding their “no match letters”. Here’s what to do:

  1. Verify that it was not your mistake by checking your Forms W2 and W3 for the last seven years. If it is your mistake, prepare corrections/amended forms and submit to the appropriate location. Submit a copy to SSA and keep a copy for your records.
  2. Prepare a letter to your employee with a copy of the “no match letter” from SSA and mail it to their address. Keep a copy of the letter. Document responses, if any.
  3. Prepare a declaration for your employee to sign proving you had the discussion and they received a copy of the “no match” letter. Have the meeting with your employee, then give them a copy of the signed declaration while keeping the original. Send a copy to SSA.
  4. If your employee resigns or disappears, document the exact dates of your contact and their disappearance in their file.

If you have questions on how to address the “no match” letters, contact our experienced immigration and employment attorneys today!

What Employees Should Be Worried About

The purpose of providing your social security number to your employer is for the planning of your future. Your employer is required to withhold and deposit your taxes, social security and medicare withholding to your social security account. A mismatch means that you’re not receiving money that belongs to you. As such, SSA’s notification is actually a favor to employees.

If your employer notifies you of a “no match letter”, you should review your I-9 and contact SSA.

However, if you’re notified of a “no match letter” and you know exactly why, then you may have a problem.  Here are a few common ways a no match letter could be intentionally generated:

  • using a purchased SSN
  • providing a borrowed SSN
  • stealing a deceased person’s SSN
  • creating a made-up SSN
  • sharing one SSN with several people

If you’re misusing the system then understand that the consequences could include deportation.  Do not show false documents to your employer as this could mean trouble. While SSA is not currently sharing information with ICE, the records remain.  As such, it could come up later in the future.

If faced with immigration consequences, contact an immigration attorney for additional information. Remember, you have employee rights too!

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!