New Final Rule Enforcing Public Charge Inadmissibility Law

On August 12, 2019, the U.S. Citizenship and Immigration Service (USCIS) published the final rule on inadmissibility on public charge grounds that dramatically revises the definition of “public charge” and expands the types of public benefits that could render many foreign nationals ineligible to adjust their immigration status in the U.S.

The final rule goes into effect on October 15, 2019 and supersedes previous rules, although applications and petitions already filed with USCIS before this date will not be subject to the new rule. USCIS’ stated goal in implementing this final rule is to better ensure “aliens within U.S. boundaries do not depend on public resources to meet their needs, but rather rely on their own capabilities and the resources of their families, sponsors, and/or private organizations.” This is in line with President Trump’s goal of ensuring public benefits do not serve as an incentive for immigration to the United States.

This final rule:

 

The new regulation would not apply to:

In certain limited situations and circumstances, USCIS can choose to exercise its discretionary authority to allow an alien to post a public charge bond (minimum amount of $8,100). This is the exception and will vary from case to case based upon the alien’s circumstances.

While the final rule is set to go into place on October 15, 2019, over 60 lawsuits filed by several states attorney generals and advocacy groups call into question when and to what extent the rule will be implemented.

If you have more questions or concerns about this new rule, you should contact our office to schedule a consultation and in-depth review of your circumstances with one of our experienced and licensed immigration attorneys.

Tel: +1-949-383-5358                            Web: www.Hirson.com                                          Email: info@hirson.com

EB-5 attorneys help family receive travel ban waivers and approval to enter the U.S.

David Hirson & Partners Guides Client Through Heightened Vetting Process to Receive Travel Ban Waiver

Earlier this summer, David Hirson & Partners, LLP (“DHP”) successfully helped an EB-5 investor client’s entire family of nine obtain travel ban waivers. These waivers were required in order for the family to be issued immigrant visas and enter the U.S.

Our client received approval of their EB-5 petition back in 2017 and attended their consular interview in Abu Dhabi in 2018. During their interview, the entire family was asked to complete Form DS-5535 (except the minor children under 14). This is an enhanced vetting form that requires the disclosure of the following for each applicant:

All: Past 15 years of: Past 5 years of:
Passport numbers & country of issuance Travel history Telephone numbers
Names birthdates of immediate family members Home addresses Social media usernames/handles
  Employment History Email addresses

After completing the requested forms, this family’s case remained “pending in administrative processing” for a few months, at which point DHP was retained to file a travel ban waiver packet for the family. Our firm compiled and filed the travel ban waiver packet based upon the family’s and investment’s given circumstances.

A travel ban waiver packet is evaluated based on three factors:

(1) entry is of national interest to US (here the EB-5 program);

(2) denying entry would cause undue hardship (here to the family, petitioner, and project); and

(3) entry would not pose a threat to national security or public safety.

Less than six months after DHP submitted the travel ban waiver packet, the consulate emailed the client for continued processing, asking for updated medical exams and passports, along with new DS-260 submissions. The applicants were also required to come to the embassy to retake the oath. The client and family members completed everything that was asked of them and they were all approved to enter the U.S.

All DHP attorneys and staff share a common goal of helping immigrants lawfully navigate the U.S. immigration system. Contact our office to schedule a consultation to see how we can help you and your family’s immigration dreams.

Tel: +1-949-383-5358                            Web: www.Hirson.com                                          Email: info@hirson.com