Immigration News and Updates Regarding COVID-19 (Coronavirus)

TEMPORARY & LIMITED IMMIGRATION SUSPENSION

Today, President Trump issued a proclamation suspending certain immigration processes for a period of 60 days. The proclamation takes effect at 11:59 PM tonight.

It is more limited in scope than initially feared and applies to those applying for permanent resident status through an immigrant visa from abroad who don’t already have an immigrant visa and an official travel document in addition to the visa.

The proclamation doesn’t apply to the following:

  1. Permanent Residents (even if you are abroad)
  2. Those seeking entry to the USA on an immigrant visa as a physician, nurse, healthcare processional; to perform research to combat the spread of Covid-19; or to perform other essential work relating to the Covid-19 outbreak. Their spouse and minor children are also exempt.
  3. Entrepreneurs under the EB-5 immigrant investor program
  4. Spouses of US Citizens
  5. Children of US Citizens (under 21 years old)
  6. Those furthering important US law enforcement objectives
  7. Members of the U.S. Armed Forces and their spouses and children
  8. Applicants under the Special Immigrant Visa program as Afghan or Iraqi translators/interpreters, or U.S. Government Employee
  9. Anyone whose entry would be in the national interest


Asylum seekers are excluded from the proclamation.

Right now, nonimmigrant visa holders are not included (these include H-1B professionals, students, visitors, fiancés and more. However, this is going to be reviewed within 30 days.

Although the proclamation is slated to end in 60 days, it can be extended.

USCIS grants a 30 day grace period for those who entered through ESTA and the Visa Waiver program, if their inability to leave the USA is caused by the Covid-19 pandemic. Click on the following link for the USCIS response to the pandemic

Learn More

USCIS extends the date for filing responses to certain Requests for Evidence, Notices of Intent to Deny and more by 60 days. This ONLY
applies to such notices received netween March 1, 2020 and May 1,2020.

https://www.uscis.gov/news/alerts/uscis-expands-flexibility-responding-uscis-requests

Due to the COVID-19 (coronavirus) outbreak, the Law Office of Malathi Benjamin will be moving all consultations and meetings to Skype, FaceTime, or phone to ensure the safety of clients and office staff. For any questions please contact us today.

The USCIS just informed the public that it will temporarily close its doors due to the coronavirus. For more information from the USCIS, click here

ICE Guidance pertaining to International Students, Immigration Enforcement and Check-Ins, and more. Click Here for details from the ICE website.

Who can enter the USA and who cannot. Click here for a pdf on information from the Customs and Border Patrol.

USCIS announced that they will consider making exceptions to the public charge rules concerning benefits a green card applicant can apply for where it is related to the current Covid-19 pandemic.  This should include unemployment benefits.  Please see below:
 

Breaking News:

New Law helping spouses of US Citizens

On June 17, 2024 President Biden signed a new law which will help thousands of undocumented spouses of US Citizens apply for permanent resident (green card) status without having to leave the USA. This is not an amnesty and applicants will have to qualify for the new process (Parole in Place). What we know so far in terms of qualifying requirements is as follows:

  1. The applicant must be present in the USA, without having been legally admitted
  2. Must have been continuously present in the USA for at least 10 years as of June 17, 2024
  3. Must be legally married to a US Citizen as of June 17, 2024
  4. Must not have a criminal history which would disqualify them
  5. Must not be a threat to national security or public safety
  6. Must warrant a favorable exercise of discretion


Minor children of the qualifying spouse may also be considered for parole.

BEWARE OF SCAMS. The application process is not yet open and we have to wait for more information from the USCIS before we can file for this benefit.