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U.S. immigration policy and COVID-19

(Updated June 20, 2020). Yesterday I was asked to do a podcast interview about the Supreme Court’s new DACA decision, and on other things that have changed in immigration since COVID-19. So much has happened in the past few months…

The Supreme Court’s DACA Decision – what this means for you and FAQs

Today the Supreme Court made its ruling in DHS v. University of California, addressing the legality of the Trump Administration’s decision to end DACA. No. 18-587, 591 U.S. ___ (2020). In short, the Court held that the Trump Administration acted…

Get a free copy of your immigration file with our new (free) FOIA generator

We’ve created a new (free) tool that allows you to request an official copy of your USCIS immigration file. Just fill out this short online questionnaire and our website will email you a customized FOIA request, ready to file. You’ll…

COVID-19 Travel Ban – What you need to know

Late in the evening of April 20, 2020, President Trump announced by Tweet that he would be stopping all immigration to the U.S. due to the COVID-19 crisis. Two days later an executive order or “proclamation” was signed. I’ll be…

Does the Covid stimulus check or unemployment insurance create a public charge issue?

As we head together into this time of global crisis, the technicalities of U.S. immigration law may not be the first thing on your mind. But judging from some emails I’ve been getting, many of you are looking ahead to…

What is the Form I-944, Declaration of Self-Sufficiency?

The Form I-944, Declaration of Self-Sufficiency is a new USCIS form that will be required in adjustment of status (green card) applications. The form and official instructions are available below. This post will be updated with analysis once we are…

What are public charge bonds?

The Trump administration recently announced changes to “public charge” inadmissibility. One of the major changes in U.S. immigration law is that some immigrants will not be required to post financial bonds as a pre-condition to getting green cards. Here’s what…

DHS Public Charge Rule – Analysis of Final Rule

Today the Department of Homeland Security announced the publication of its new rule on Public Charge inadmissibility. The initial notice of rulemaking was issued in October 2018. See this post for an in-depth analysis of the rule as originally proposed…

USCIS to roll back self-scheduled “InfoPass” appointments

USCIS Announced today that it will end the availability of self scheduled appointments at its field offices. The InfoPass System currently being used for people to sell schedule an appointment in order to check on case status, ask questions about…

USCIS updates policy on medical exams (Form I-639)

U.S. Citizenship and Immigration Services (USCIS) announced yesterday that it is changing its rules on the validity period for medical exams. The new guidelines take effect almost immediately on November 1, 2018. The announcement changes how long a medical exam – completed…

USCIS proposes new public charge rules: changes impact public benefits and the Form I-864 for adjustment applicants

A version of this article will appear in Bender’s Immigration Bulletin and is republished here with permission.  Video from live webinar on public charge rules. USCIS proposes new public charge rules: the Form I-864 will become table stakes as scrutiny…

Will the immigration officer know what I said to CBP – or – the case of the sandwich smuggler

I have a confession. Long before I was an immigration lawyer, before I was a judicial law clerk, before I had a law license… I was a smuggler. A smuggler of the worst type – a sandwich smuggler. But, before…

This Post Has 2 Comments
  1. I entered the US on 10/2015 on an ESTA visa, I left US on 5/2018(overstayed my visit), I got married last year. We never petition for adjustment of status. What can I do from from country, Chile to go back? My son and wife are in the US she is a US citizen. I had a family emergency and needed to leave. TIA. Hope you can help.

    1. Albert, unfortunately you will need an I-601 hardship waiver to re-enter the U.S., based on what you have said. But overstaying more than one year you are subject to a 10-year bar on reentry. Overcoming that requires a special pardon based on hardship to your family.

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