NOW IS THE TIME TO FILE —USCIS is Increasing the Filing Fees for Multiple Applications on October 3, 2020!
USCIS is raising filings fees on October 3, 2020!
USCIS announced a new rule that will increase the filing fees for many applications. The new rule will go into effect on October 3, 2020, The rule will raise filing fees by a weighted average of approximately 20%, implement new fees for certain forms, and impose multiple fees for other forms. The forms seeing the most dramatic increases are:
N-400, Application for Naturalization: This filing fee will increase to $1160, an 83% increase;
I-589, Application for Asylum: This application will go from having no filing fee to having a filing fee of $50;
I-129s: This form has many purposes and, depending on why you are filing, the fee might go down or it might go up by 21% - 75%;
I-601A, Application for Provisional Waiver of Unlawful Presence: This filing fee will be $960, a 52% increase;
I-765, Application for Employment Authorization Document: This filing fee will be $510, an increase of 34%;
N-336, Request for Hearing on a Decision in Naturalization Proceedings: This fee will be $1725, an increase of 146%;
The above-listed fee increases are not exhaustive and the new rule will impact many filings. If you have questions, we encourage you to contact us to evaluate your case. Further, now is the time to file applications you have been putting off. Any forms postmarked on or before October 2, 2020 can be filed with the lower filing fees. Also, as discussed in our article titled, “The Harsh Public Charge is Gone - For Now,” the requirement that you submit a Form I-944 with your adjustment of status application is temporarily suspended. Therefore, for now, you can submit your adjustment application without having to disclose all income, assets, liabilities, and credit information.
If you have questions about how any of the filing fee increases might impact your case, please schedule an appointment by calling 503-446-3396 or emailing assistant@fourcornerslaw.com.
The Harsh Public Charge Rule is Gone - For Now
Applications and petitions received by USCIS on or after July 29, 2020, will not require a Form I-944, Declaration of Self-Sufficiency, or information on the receipt of public benefits in Part 5 on Form I-539, Part 3 on Form I-539A or Part 6 on Form I-129. This is significant because USCIS’ recently implemented “Public Charge” rule can put a huge burden on the applicant or petitioner to provide extensive financial documentation to show that that they will not be a public charge in the United States. At least for now, this burden has been lifted.
On July 29, 2020, the U.S. District Court for the Southern District of New York (SDNY) in State of New York, et al. v. DHS, et al. and Make the Road NY et al. v. Cuccinelli, et al. enjoined the Department of Homeland Security (DHS) from enforcing, applying, implementing, or treating as effective the Inadmissibility on Public Charge Grounds Final Rule for any period during which there is a declared national health emergency in response to the COVID-19 outbreak.
We are waiting for USCIS to issue further guidance regarding the use of affected forms, and we will continue to keep our clients updated. Please contact us if you have any additional questions about the public charge rule.
The Current State of DACA - What Applications Will USCIS Accept and What Applications will USCIS Reject?
In a recent order by the U.S. Supreme Court, the Supreme Court rejected the Trump Administration’s termination of the Deferred Action for Childhood Arrivals (DACA) program. It is important to remember that the Court did not rule that DACA is lawful. The Court ruled that the administration’s termination of the program did not comply with the required legal provisions. In a later decision, a federal court ordered USCIS to accept new DACA applications and applications for Advance Parole. However, USCIS is not complying with that order.
Currently, USCIS will accept DACA renewal applications and will issue one-year renewals on a case-by-case basis. It will not grant advance parole documents absent exceptional circumstances. USCIS will reject any applications filed by applicants who have never before been granted DACA. These rejections will likely be the source of many lawsuits in the very near future. Therefore, there may be a benefit to applicants who file new applications even if the applications will be rejected because it could make you eligible for benefits resulting from litigation.
The Pandemic and the Portland Immigration Court
If you have a removal defense case before the Portland Immigration Court, you are probably wondering two things: (1) When will the court reopen; and (2) How will the closure impact my case. For the first question, the answer is that we don’t know. Courts around the country are announcing updates as they make decisions and we post updates on Facebook, Instagram, and Google Page as we learn them. The Immigration Court in Portland, Oregon has no firm date for reopening. For the second question, I would expect delays.
The Immigration Court in Portland, Oregon is closed through and including July 31, 2020. We receive updates approximately twice per month regarding its operational status. When the Immigration Court is able to reopen, it will be a phased reopening to comply with physical distancing and other safety requirements. In Phases 1 and 2, the court will reopen for Individual Hearings only. That means there will be no Master Calendar Hearings during Phase 1 or Phase 2. For the Individual Hearings, the court will only be hearing two hearings per day during Phase 1. One judge will preside over a hearing in one courtroom, the attorney for the Office of Chief Counsel will appear via video from a different courtroom, and Respondents and their attorneys will appear via video from a third courtroom. The court will be thoroughly cleaned during the mid-day break and then resume in the afternoon for a second hearing. Masks will be mandatory at all times including when Respondents testify.
During Phase 2, two to three judges will conduct Individual Hearings every day and the judges may be in the same room as Respondents. Phase 3 will have Master Calendar Hearings scheduled in addition to Individual Hearings. There is no date set or an estimated timeframe for any of these phases.
The phased reopening means that your case will be delayed. If you had a hearing that was cancelled due to the pandemic, we are not certain at this point how long your case will be delayed because the court is not even open yet. However, we can still submit motions, applications, and notices to the court. If you had a hearing that was cancelled, it should be rescheduled automatically during the appropriate phase. It is very important that the court always has your current address. If you moved, please contact us and we can help you update your address with the court.
From COVID-19 to Furloughs - Here is What is Happening at USCIS
If you have a case pending before USCIS right now, it probably seems like the information regarding how your case will be processed changes every day. Well, it’s not your imagination and the information is changing everyday. In June of 2020, the Portland Field Office began a phased reopening and they are revising their procedures frequently to comply with physical distancing and other safety requirements. So, what does this mean for you?
First, USCIS is currently focusing on clearing their backlog of cancelled naturalization ceremonies and rescheduling naturalization interviews that were cancelled due to the pandemic. If you had a naturalization interview or oath ceremony that was cancelled, you should be receiving your new notice soon. Our office has had several naturalization interviews and oath ceremonies rescheduled already. If you had an interview for an I-485 or I-751 already scheduled, the processing times are less clear. USCIS has not released any guidance on when those interviews will be rescheduled or how the pandemic will impact those processing times.
You will also notice some new procedures at the Portland Office. First, for interviews, if you need a translator then the translator needs to appear via phone and will not be allowed to actually enter the building. Second, attorneys are being encouraged to appear telephonically. We do not recommend that attorneys appear telephonically and discourage this practice. You have the right to have your counsel in the room with you and your attorney is there to protect your rights. Our ability to do that is limited if we are not actually in the room. Third, you will not be allowed to enter the building more than 15 minutes early and no family members will be allowed in the building. Finally, you will be asked to bring your own blue or black pen and masks will be mandatory.
The good news is that officers are swearing in applicants immediately after interviews and producing the naturalization certificates on the same day, so, while you won’t have an oath ceremony that your family can attend, you do have the chance to be sworn in immediately.
Like we wrote above, the procedures at USCIS are changing pretty rapidly as they adapt to working during the pandemic. There is also a chance that USCIS will furlough roughly 70% of their employees in August. Right now, USCIS is asking for a one-time financial bailout from Congress. If Congress does not give USCIS $1.1 billion, USCIS will furlough the majority of its workforce to make up for their budget shortfall. If this happens, it will impact processing times of all cases before USCIS. Keep an eye on Facebook, Instagram, and Google Page to get quick updates.
The Current COVID-19 Related Bans to Entry - and the Exceptions
We are facing multiple hurdles to entry in the United States due to the Trump Administration’s Proclamations related to COVID-19. There are exceptions to these bans, and whether or not the ban applies depends largely upon the specific visa category and countries involved. The President’s latest proclamation, known as the “nonimmigrant visa ban”, went into effect on June 24, 2020. This proclamation suspended entry into the United States for:
New H-1B visas and a dependent H-4 visas;
New H-2B visas and a dependent H-4 visas;
New J-1 visas, if the foreign national is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and a dependent J-2 visa; and
New L-1 (L-1A and L-1B) visas and a dependent L-2 visas.
However, this nonimmigrant visa ban only applies to foreign nationals that:
Were outside the United States on as of June 24, 2020;
Did not have a H-1B, H-2B, J-1 or L-1 nonimmigrant visa that is valid on the effective date of the Proclamation; and
Did not have an official travel document other than a visa (such as a transportation letter, boarding foil, or advance parole document) as of June 24, 2020;
Additionally, the Proclamation does not apply to:
Lawful permanent residents (“green card” holders);
Visa-exempt Canadians;
Spouses or children of U.S. citizens;
Individuals seeking entry to provide temporary labor essential to the U.S. food supply chain;
Individuals whose entry would be in the national interest, including individuals whose services are critical to defense, diplomacy or national security, related to the combat of COVID-19, will facilitate economic recovery and are children who would age out of eligibility.
Practically speaking, for individuals that have filed an H-1 or L-1 petition that is not yet approved, or is approved but they do not currently have a valid visa that was valid on or before June 24, 2020, they will need to show that their entry into the United States will be in the national interest of the United States, whether it be to combat COVID-19 or help the economy. For new office L-1 petitions, there is a strong argument that the individual should be allowed into the United States because the new office will create more jobs for US workers.
The most recent Proclamation also extended the Presidential Proclamation issued on April 22, 2020, known as the immigrant visa ban, which suspended the entry of certain immigrants into the United States. The April 22, 2020 proclamation banned the foreign nationals who:
● Were outside the United States as of April 22, 2020;
● Did not have a valid immigrant visa as of April 22, 2020;
● Did not have a valid official travel document (such as a transportation letter, boarding foil, or advance parole document) as of April 22, 2020, or issued on any date thereafter that permits travel to the United States to seek entry or admission.
The suspension of entry for certain immigrant and nonimmigrant visas will remain in effect until at least December 31, 2020.
Aside from the “immigrant visa ban” and the “nonimmigrant visa ban”, individuals travelling from a country in the Schengen area will face difficulty trying to enter the United States. On March 13, 2020, a travel ban took effect that prohibited foreign nationals from entering the United States if they have been physically present in the Schengen Area within 14 days before their attempted entry. This does not apply to U.S. nationals, U.S. permanent residents and other family members of U.S. citizens. The Schengen Area comprises the following countries: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland.
We will continue to update you with any changes to the bans to entry into the United States.
What to Expect in Removal Proceedings
Why Are People Put in Removal Proceedings
Immigrants can be put into removal proceedings for several reasons. If a person applies for asylum with U.S. Citizenship and Immigration Services (USCIS) and USCIS cannot issue an approval of the application, USCIS will refer the case to the Immigration Court so an Immigration Judge can render a decision. If a person applies for Adjustment of Status to a Lawful Permanent Resident (a green card application) and USCIS denies the application, they have a policy that all denied applications will be referred to an Immigration Judge. Also, if someone is arrested, Immigration and Customs Enforcement (ICE) can place that person in removal proceedings.
What Happens in Removal Proceedings
The first thing that will happen is USCIS, ICE, or CBP will issue a Notice to Appear (NTA). The NTA will list the reasons why the government thinks you should be placed in removal proceedings. From there, the Office of Chief Counsel (OCC), which are the attorneys who represent the government in removal proceedings, will decide whether or not they want to pursue removal proceedings against someone. If OCC decides to proceed, you will receive a Notice of Hearing from the Immigration Court. It is very important that you attend all court hearings on time.
The first hearing will be what is called a Master Calendar Hearing. At this hearing, the Court will expect you to answer the NTA. This means describing when and how you entered the U.S. and where you are from. The Judge will also expect you to state what defenses you are applying for. If you are afraid of returning to your home country, it is very important that you tell the Judge at this hearing. Depending on what defenses you are applying for, the judge will either schedule another master calendar hearing or an individual hearing.
If the judge schedules another master calendar hearing, it will likely be for you to turn in your applications for relief. For example, if you are applying for Asylum and Cancellation of Removal you will be expected to turn those applications in at this hearing. If the Judge forgoes this hearing, you will be expected to mail your application to the court by a certain date. The Judge will then schedule a hearing called an Individual Hearing. This will be your final hearing where you will present evidence and the Judge will make a decision on your hearing.
What Happens at an Individual Hearing
The Individual Hearing is your chance to present evidence and testimony regarding why the Court should grant your case. You will need to submit a Pre-hearing Statement 15 days before your hearing. This statement needs to include a legal analysis of why the Court should grant your case as well as all evidence you would like the Court to consider. After the hearing, the Judge may issue a decision immediately or may issue a decision at a later date. If your case is denied, you have 30 days to file an appeal.
What If I Can’t Attend My Removal Hearing
It is extremely important that you attend all hearings scheduled by the Immigration Court. If you do not attend your hearing and do not notify the court in advance, the judge can order you removed in your absence. If you are ill, have a family emergency, or a personal emergency, you can request a continuance. To do this, you need to file a Motion to Continue with the court and send a copy to the attorney who represents the government. In the Motion, you need to clearly explain why you are requesting the continuance and include evidence of the reason you are requesting a continuance. For example, if your family member is ill, you could include a letter from the family member’s doctor as well as explain the situation in the Motion.
If there is an emergency on the day of your hearing, you need to call the court and tell the clerk the reason you cannot attend the hearing. It is incredibly important that you only do this in the case of a true emergency. The Court will want you to state on the record the reasons you cannot attend the hearing and potentially present evidence to confirm the reason you could not attend.