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USCIS Launches Sponsor Deeming and Agency Reimbursement Information Collection Initiative. WASHINGTON U.S. Citizenship and Immigration Services today announced the launch of a new Systematic Alien Verification for Entitlements (SAVE) initiative that will enable agencies that administer federal means-tested benefits to ensure more effective compliance with federal laws, regulations, and policies related to financial support of aliens by their sponsors and agency reimburseme...nt. The Trump administration has made it clear that existing immigration laws must be enforced, and sponsors of aliens should be held legally accountable for the financial responsibilities they willingly accept, said USCIS Deputy Director for Policy Joseph Edlow. This enhanced feature will support participating public-benefit granting agencies as they manage their programs and determine an alien’s eligibility for public assistance by ensuring consistency with current law, established sponsorship requirements and proper accountability. SAVE provides information about sponsors to agencies that administer federal means-tested public benefits. With this new SAVE initiative, USCIS is asking these agencies to now share how they use the SAVE sponsorship information in their sponsor assessment and agency reimbursement processes. The collected information will help participating agencies learn and improve how they use sponsor information to make eligibility determinations and hold sponsors accountable. This initiative will also allow USCIS to improve how it administers the SAVE program and help agencies that administer benefits programs better meet obligations under agency reimbursement laws and regulations. This new SAVE initiative stems from the May 2019 Presidential Memorandum on Enforcing the Legal Responsibilities of Sponsors of Aliens, which directed increased oversight and data collection to ensure more effective compliance in determining eligibility for federal means-tested benefits and reimbursement requirements. Sponsored aliens sometimes apply for and receive means-tested public benefits from federal, state, local, or tribal agencies. However, they may be ineligible for certain means-tested public benefits because the granting agency will consider their sponsor’s income and resources when determining the immigrant’s eligibility for the benefits. If a sponsored alien receives a means-tested public benefit, the sponsor is responsible, upon request, for reimbursing the agency providing the benefit. An agency can seek a court order for repayment if a sponsor does not issue reimbursement. USCIS encourages all agencies that administer federal means-tested benefits to use the new sponsorship feature. See more

USCIS PROPOSES TO DRASTICALLY INCREASE COLLECTION OF BIOMETRICAL DATA The Department of Homeland Security (DHS) is expected to publish a proposed rule on September 11, 2020, to expand the collection and use of biometrics by U.S. Citizenship and Immigration Services (USCIS), U.S. Customs and Border Protection (CBP), and U.S. Immigration and Customs Enforcement (ICE). Based on an advance copy of the notice of proposed rulemaking, DHS is expected to propose:... That any applicant, petitioner, sponsor, beneficiary, or individual filing or associated with an immigration benefit or request, including U.S. citizens, must appear for biometrics collection without regard to age unless DHS waives or exempts the biometrics requirement.To authorize biometrics collection, without regard to age, upon arrest, for purposes of processing, care, custody, and initiation of removal proceedings.To define the term biometrics.To increase the biometric modalities that DHS collects, to include iris images, palm prints, and voice prints.That DHS may require, request, or accept DNA test results, including a partial DNA profile, to prove the existence of a claimed genetic relationship, and that DHS may use and store DNA test results for the relevant adjudications or to perform any other functions necessary for administering and enforcing immigration and naturalization laws.To modify how Violence Against Women Act and T nonimmigrant petitioners demonstrate good moral character, and remove the presumption of good moral character for those under the age of 14.To further clarify the purposes for which biometrics are collected from individuals filing immigration applications or petitions to include criminal history and national security background checks; identity enrollment, verification, and management; secure document production; and administering and enforcing immigration and naturalization laws.

USCIS Fee Increase. Karasik Law Group advises to file your petitions now. On July 31, 2020, USCIS officially announced the highly anticipated increase in the fees applicable to certain immigration processes and Naturalization applications. According to DHS, the adjusted weighted average increase of 20% will be applied to help recover USCIS operational costs. The biggest increase is affecting Application for Naturalization (citizenship) that will be increased 81% from already... high fee of $725 to exorbitant $1,245. If you are eligible to apply for naturalization, the time to file is right now. Certain immigration benefits will foresee either a lower or higher percentage increase including: I-130 Petition for Alien Relative going from $535 to $550 (3%) I-485 Application to Register for Permanent Residency going from $1140 to $1130 (-1%) I-601A Provisional Unlawful Presence Waiver going from $630 to $960 (52%) I-765 Application for Employment Authorization (Non-DACA) going from $410 to $550 (34%) N-400 Application for Naturalization going from $725 to $1245 for online filing* (81%) I-881 Application for Suspension of Deportation going rom $285 to $1810 (535%) Karasik Law Group highly recommends to submit all applications prior to October 2, 2020 to avoid the fee increase. If you are planning to file any of the listed petitions/applications, stop procrastinating and file now. Regardless when you file, all USCIS fees has to be paid accurately and in full as applications with incorrect or incomplete fees will be rejected. See more

EXTENDING VISITORS VISA STATUS WHILE IN THE UNITED STATES Visitors who have been admitted in B-2 visa status may extend their status while in the United States. Even if a visitor has a multiple entry visa in the passport for a duration of ten years, the visitor is admitted into the US for a more limited time at a port of entry, which is generally a period of six months in B-2 status. Since the COVID-19 pandemic, many visitors have sought to extend their status as flights are ...Continue reading

BIRTH TOURISM RULES The Trump administration has amended the definition of visitor for pleasure at 22 CFR 41.31(b)(2) to prohibit so called birth tourism. The original version of this rule, before it was amended on January 24, 2020, defined pleasure as stated in INA 101(a)(15(B) to legitimate activities of a recreational character, including tourism, amusement, visits with friends or relatives, rest, medical treatment, and activities of a fraternal, social, or service nat...Continue reading

State Department Issues Final Rule Ordering Denials of B Visas to Combat ‘Birth Tourism’. The Department of State’s Bureau of Consular Affairs has amended its r...egulation governing the issuance of visas in the ‘‘B’’ nonimmigrant classification for temporary visitors for pleasure, effective January 24, 2020. The final rule establishes that travel to the United States with the primary purpose of obtaining U.S. citizenship for a child by giving birth in the United States is an impermissible basis for the issuance of a B nonimmigrant visa. Consequently, a consular officer shall deny a B nonimmigrant visa to an alien who he or she has reason to believe intends to travel for this primary purpose, the rule states, noting that this rule is an effort to combat the birth tourism industry as a matter of national security. The final rule also codifies a requirement that a B nonimmigrant visa applicant who seeks medical treatment in the United States must demonstrate, to the satisfaction of the consular officer, the arrangements for such treatment and establish the ability to pay all costs associated with such treatment. The rule establishes a rebuttable presumption that a B nonimmigrant visa applicant who a consular officer has reason to believe will give birth during her stay in the United States is traveling for the primary purpose of obtaining U.S. citizenship for the child. Although the regulation amends the part pertaining to visitors for pleasure, the language is broad enough to subject B-1 business visitor applicants to the rebuttable presumption. The rule would thus also adversely affect women who seek to come to the United States to engage in legitimate business activities, which includes business meetings and entrepreneurial activities. The rule only applies to visa applicants at U.S. consular posts and not to visa waiver applicants whose first opportunity to establish their eligibility as visitors is at a U.S. port of entry. As of January 23, 2020, no guidance has been issued by U.S. Customs and Border Protection HQ to ports of entry concerning the final rule.

NEW PUBLIC CHARGE RULE. USCIS announced a final rule that clearly defines the public charge inadmissibility law. DHS has revised the definition of public charge to better ensure that aliens subject to the public charge inadmissibility ground, found at section 212(a)(4) of the Immigration and Nationality Act (INA), are self-sufficient. Who will be affected? Mostly immigrants who are already residing in the US in either non-immigrant status or out of status, who are in the pro...Continue reading

REQUIRED INVESTMENT AMOUNT FOR EB-5 GREENCARD IS DOUBLED FROM $500,000/$1,000,000 TO $900,000/$1,800,000 and MORE CHANGES ARE COMING AS OF NOVEMBER 1, 2019. On July 24th, the Final Rule on EB-5 program regulations are scheduled to be published in the Federal Register. The new rule goes into effect on November 21st. The final rule increases investment amounts from $500,000 and $1,000,000 to $900,000 and $1,800,000 respectively. It makes other changes in how TEA is defined and determined and what constitute high unemployment area. The full text of the rule can be accessed here https://www.federalregister.gov//eb-5-immigrant-investor-p

USCIS Announces Plan to Improve the Naturalization Test. U.S. Citizenship and Immigration Services (USCIS) is revising the current naturalization test with improvements to ensure it continues to serve as an accurate measure of a naturalization applicant’s civics knowledge and that it reflects best practices in adult education assessments. The goal is to create a meaningful, uniform, and efficient test that will assess applicants’ knowledge and understanding of U.S. history,... government and values. In Fiscal Year 2018, USCIS naturalized nearly 757,000 people, a five-year high in new oaths of citizenship. The naturalization test revision is a key part of preparing legal immigrants to fully exercise their rights and meet their responsibilities. Granting U. S. citizenship is the highest honor our nation bestows, said USCIS Acting Director Ken Cuccinelli. Updating, maintaining, and improving a test that is current and relevant is our responsibility as an agency in order to help potential new citizens fully understand the meaning of U.S. citizenship and the values that unite all Americans. In December 2018, USCIS formed a naturalization test revision working group with members from across the agency. The working group has been reviewing and updating the naturalization test questions. The working group will also assess potential changes to the speaking portion of the test. USCIS is soliciting the input of experts in the field of adult education to ensure that this process is fair and transparent. After careful analysis of the pilot, and thorough officer training, USCIS will set an implementation date in December 2020 or early 2021. Section 312 of the Immigration and Nationality Act outlines the English and civics requirements for naturalization. By law, candidates for naturalization must have an understanding of the English language, including an ability to read, write, and speak words in ordinary usage in the English language and knowledge and understanding of the fundamentals of the history, and of the principles and form of government, of the United States... This test revision will comply with all statutory and regulatory requirements, and USCIS will pilot it this fall. See more

Sen. Rand Paul Blocks Bill to Eliminate Per-Country Cap on Employment-Based Green Cards The Fairness for High-Skilled Immigrants Act of 2019 (S. 386), a bill that would eliminate the 7 percent per-country cap (numerical limitation) on employment-based immigrants, among other things, was blocked in the Senate by Rand Paul (R-Ky.), who wants to amend the bill with an accommodation for EB-3 nurses. The legislation is expected to benefit primarily Indian and Chinese workers, who constitute the largest proportion of foreign H-1B skilled workers waiting for years in the green card backlog. Other recent developments included the addition of provisions strengthening H-1B specialty occupation enforcement by Sens. Mike Lee (R-Utah) and Charles Grassley (R-Iowa).

On May 31, 2019, the State Department added new questions to visa application forms, DS-160/DS-156 Nonimmigrant Visa Application and Form DS-260, Immigrant Visa Application. Visa applicants now have to disclose the social media platforms that they have used within the previous five years and provide their user names or handle for each platform. This information needs to be provided through a drop down list of common social media platforms, although some of the platforms liste...Continue reading

Администрация Президента Трампа приняла решение принять меры по взысканию средств потраченных на гос пособие легальным иммигрантам. Граждане США которые подают петиции о восстановлении семья для своих близких родственников должны подписывать декларации о том что они обязуються финансово содержать этих родственников. Но очень часто они это не далают и новые иммигранты немедленно подают на велфэр, бесплатную медицинскую страховку, бесплатное жилье и талончики на бесплатную еду. Закон о том что эти гос расходы могут быть взысканны с из спонсоров был принят более 25 лет назад но не выполнялся. Теперь администрация создает специальный отдел который будет заниматься исполнением этого закона и взысканиями со спонсоров.

С 1 МАЯ 2019 США НАЧАЛИ ВЫДАВАТЬ БИЗНЕС-ВИЗЫ Е2 ИНВЕСТОРАМ С ИЗРАИЛЬCКИМ ГРАЖДАНСТВОМ! karasiklaw.com

SSA Announces New Travel and Border Crossing Records System The Social Security Administration (SSA) has announced a new Travel and Border Crossing Records system. The new system will collect information about applicants, beneficiaries, and recipients under Titles II, XVI, and XVIII who have had absences from the United States. The SSA noted that currently, the agency relies on individuals to self-report their foreign travel. Often, the SSA said, it does not receive these r...eports or receives them untimely, which results in improper payments. For example, the SSA noted, in general, it suspends Title II benefits to aliens who remain outside of the United States for more than six consecutive calendar months. It generally suspends Title II benefits to both U.S. citizens and non-U.S. citizens who travel to a country where payment is restricted by the United States. Additionally, the SSA suspends Title XVI payments to both citizen and noncitizen recipients who are outside of the United States for a full calendar month or 30 consecutive days or longer. With regard to Title XVIII, the SSA plans to collect this information to make decisions on Medicare entitlement claims and to make determinations on physical presence in the United States. See more

UNITES STATES IS CLOSING ALL OVERSEAS IMMIGRATION OFFICES. Trump's administration is planning to close the U.S. immigration agency's overseas locations, according to current and former officials and an internal memo, in a move affecting offices that currently handle family visa requests, international adoptions and other tasks. USCIS previously announced that its Moscow field office will permanently close at the end of this month, citing a "significant decrease in workload."... USCIS Director Francis Cissna announced plans for closure of the international field offices. The plans called for shifting those duties to U.S.-based agency offices and American consulates and embassies abroad. The agency, part of the U.S. Department of Homeland Security, currently operates 23 offices overseas, scattered across Latin America, Europe and Asia, according to the agency's website. The agency offices carry out services including helping American citizens who want to bring relatives to the United States; processing refugee applications; enabling overseas citizenship applications; and assisting Americans who want to adopt foreign children. The international offices can also process naturalizations of U.S. military service members who are not already U.S. citizens. USCIS officers abroad also look for fraud in visa applications and provide technical immigration advice to other U.S. government officials. In places where USCIS does not have overseas posts, the State Department already carries out some of its duties, such as replacing green cards for American legal permanent residents who have lost theirs. Agency spokeswoman Jessica Collins said by email: "As we have internally shared, USCIS is in preliminary discussions to consider shifting its international USCIS office workloads to USCIS domestic offices in the United States and, where practicable, to U.S. embassies and consulates abroad." "The goal of any such shift would be to maximize USCIS resources that could then be reallocated, in part, to backlog reduction efforts. The agency will work closely with the State Department and the Department of Homeland Security "to ensure no interruption in the provision of immigration services to affected applicants and petitioners," Collins added. See more