DHP Client Alert – Public Charge Rule in Effect Starting Monday

To our valued clients and partners:

The U.S. Department of State (DOS) has released the visa bulletin for March 2020. This bulletin has Table B showing that those individuals with filing/priority dates BEFORE December 15, 2015, and have been inside of the U.S. since December 30, 2019, are now allowed to prepare and submit the required documents to the National Visa Center.

David Hirson & Partners, LLP (DHP) knows that our valued clients and their family members are excited for this next step in the immigration process. DHP is ready to help our clients and partners to prepare for this important immigration step. It is important to understand that the U.S. government has instituted new rules this month which greatly affect the entire process of coming to the U.S. Now, all foreign nationals will have to show that s/he will not be considered a “public charge.”

DHP has prepared an initial questionnaire to determine whether or not you may be considered a public charge by the U.S. government. After receiving your completed questionnaire (no later than March 10, 2020) DHP’s attorneys and staff will work closely with you to prepare the necessary documentation to submit to the government.

Please note the following important deadlines that must be met so we can help prepare a strong filing for you and your family:

  • You must be physically in the U.S. since before December 30, 2019.
  • You must notify DHP in writing that you would like for us to proceed with filing under Table B AND submit a completed initial public charge questionnaire by March 10, 2020.
  • DHP will notify individuals who may be considered a public charge by March 16, 2020.
  • DHP requires all final documents by March 23, 2020 in order to file under Table B by March 30, 2020.

Our experienced team is prepared to help you navigate the new immigration rules.

Learn more about the public charge rule, below.

Major updates in immigration this January 2020

U.S. Immigration News – Week Ending January 31, 2020

This week has seen many changes made to U.S. immigration rules and processes. David Hirson & Partners, LLP (DHP) is committed to keeping all of our clients and partners informed of important U.S. immigration issues. If you have any questions about these changes, the expert attorneys and staff at DHP are ready to help you and your family with all of your corporate and family immigration plans.

Prohibition on “Birth Tourism”

On January 24, 2020 the U.S. Department of State issued a final rule (effective immediately) that now explicitly excludes travel to the U.S. under a B visa for the purpose of “birth tourism.” “Birth tourism” is the act of coming into the country in order to give birth to a child. Giving birth to a child in the U.S. allows the child to become a U.S. citizen through birth. When being interviewed for a B visa to come into the U.S., it is now up to any pregnant applicant to prove that she is not intending to come to the U.S. to give birth.

The B-1/B-2 visa is a widely used visa that allows people to temporarily enter the U.S. for business, pleasure, or both. People will still be able to come into the U.S. on a B visa for medical purposes, but the applicant will have to prove that a medical practitioner or facility in the U.S. has agreed to provide treatment and that the applicant has the means to pay for all treatment, living, and incidental costs associated with coming into the U.S. for a legitimate medical reason.

It is still unclear what will happen to those individuals who already have a B visa in their passports but still need to apply for admission into the U.S.

USCIS Adjusts Process for Managing EB-5 Visa Petition Inventory

On January 29, 2020, U.S. Citizenship and Immigration Services (USCIS) announced that it will no longer process Form I-526 petitions on a first-in, first-out basis. USCIS will now process Form I-526 petitions based upon visa availability, depending on the applicant’s country of birth and whether or not that country has (or will soon have) visas available. The reason for this change is an effort to make USCIS more efficient and allow USCIS operations to be more consistent. This change now makes Form I-526 processing consistent with that of Form I-130 processing. USCIS will implement this change in process on March 31, 2020.

Implementation of the Public Charge Inadmissibility Rule

This is an update to the Inadmissibility on Public Charge Grounds Final Rule that was stopped from being implemented in October 2019. On January 30, 2020, USCIS announced that it will now implement the Inadmissibility on Public Charge Grounds Final Rule beginning on February 24, 2020. (There is an exception for the State of Illinois.) New guidance, instructions, and forms required under the final rule are scheduled to be released the first week of February 2020. When this final rule starts being enforced in February 2020, it will not be retroactively applied to applicants who applied after the original implementation date in 2019. USCIS will only consider receipt of public benefits from February 24, 2020 forward. Applications submitted with a postmark date of February 23, 2020 or before will be adjudicated based upon the current standards. All applications with a postmark date of February 24, 2020 or later will be adjudicated based upon the final rule.

USCIS Updates Process for Accepting Form I-130 Petitions for Relatives Abroad

On January 31, 2020, USCIS announced that beginning February 1, 2020, Form I-130, Petition for Alien Relative, will only be processed within the U.S. by USCIS or internationally by the U.S. Department of State (DOS) for certain circumstances. Only eligible active-duty U.S. service members assigned overseas and certain non-military petitioners who meet specific criteria for consular processing will be allowed to file Form I-130 with the DOS overseas. DOS will process Form I-130 overseas only if the petition: a) involves instances of prolonged or severe civil strife or natural disaster or b) for U.S. service members assigned to military bases abroad.

New Travel/Visa Restrictions for Six Countries

On January 31, 2020, President Trump signed a proclamation that places new visa restrictions on 6 countries for not meeting the U.S. standards for identity management, information sharing, national, security, and public safety assessment criteria related to foreigners entering the U.S. This proclamation is based upon the standards and policies set forth in Executive Order 13780 in 2017 that is meant to establish stronger security standards for allowing people into the U.S.

The 6 countries facing new visa restrictions starting on February 21, 2020 are:

  • Burma (Myanmar)
  • Eritrea
  • Kyrgyzstan
  • Nigeria
  • Sudan
  • Tanzania

It is important to note that President Trump did not impose a blanket ban on these 6 countries, but a tailored ban:

  • Burma, Eritrea, Kyrgyzstan, and Nigeria: suspension of entry for immigrants, except Special Immigrants whose eligibility is based on having provided assistance to the U.S. Government.
  • Sudan and Tanzania: suspension of entry for Diversity Immigrants.

The U.S. government is hopeful that these 6 countries will work to improve their security and information sharing standards such that they will no longer face visa restrictions. As part of Executive Order 13780, every 180 days, the U.S. government systematically reviews all countries to see how they meet the established criteria.

This new proclamation applies to intending immigrants from these 6 nations who have not yet received an immigrant visa. Those immigrants who already received a valid U.S. visa will still be able to enter the U.S. while legal permanent residents may continue to reside in the U.S. Everyone must continue to meet all terms and conditions of their U.S. visa.

Travel Ban on Foreign Nationals and Quarantine for U.S. Citizens Who Have Been in China

On January 31, 2020, the U.S. government announced a travel ban on foreign nationals who have been in China within their last 14 days from coming into the U.S. (This travel ban does not apply to immediate family members of U.S. citizens.) Additionally, any U.S. citizen who has been in China’s Hubei Province within their last 14 days will be placed in mandatory quarantine for up to 14 days after entering the U.S. Any U.S. citizen who has been anywhere else in China within their last 14 days will be screened at U.S. ports of entry and have up to 14 days of self-monitoring.

These temporary measures will go into effect starting Sunday, February 2, 2020 at 5 p.m. Eastern Time.

Furthermore, the U.S. Department of State advises that no one travel to China at this time.

If you or any of your family and friends are affected by any of these new U.S. immigration and travel rules, we urge you to work with a licensed immigration attorney to plan how and when to best come to the U.S. Contact our team of attorneys today for advice.

Telephone: +1-949-383-5358       Email: info@hirson.com       Website: www.hirson.com