Malathi Benjamin, Immigration Attorney

Today I am filled with hope. Hopeful for a better four years, for the US to once again be a place of refuge for those fleeing persecution, for caged children to be released and reunited with their parents, for immigrants to be valued and respected for all the benefits they bring to this country, for unity and civility and humanity to once again prevail. Today I am filled with hope.

DACA is back! https://www.google.com//mobile.r/article/amp/idUSKBN28F032

Honoring all who have served and continue to serve. Thank you for your service.

From today (October 19, 2020) premium processing fees are increasing to $2500. The fee increase doesn’t apply to petitions for H-2B or R-1 status.

Premium Processing expansion & fee increase: Premium processing fees are going up significantly although it isn't clear exactly when. Apparently this is a temporary measure (until December 2020) because the USCIS is running out of money! If you are thinking about premium processing your applications now may be the time to do so. Fees could be as high as $2500 (from $1440 which is the current fee). The program is being expanded to include petitions and applications which are not currently eligible for premium processing.

As predicted, Trump is going after legal immigration too and has been all along. It's just been more subtle and more insidious, and not as headline worthy as locking up babies and children in cages - which continues to happen by the way. He's now going after professionals and more, including H-1Bs, H-4s, L-1s and more. https://thehill.com//503914-trump-signs-executive-order-su

Reprieve for Dreamers. The Supreme Court decided against the Trump administration’s attempt to rescind the DACA program, ruling that it had not followed proper procedure. The battle isn’t over but we celebrate this victory for now. https://www.cnn.com//scotus-daca-decision-06-18/index.html

USCIS will resume premium processing of certain petitions over the course of June. Check the link below for the time frame. https://www.uscis.gov//uscis-resumes-premium-processing-ce

USCIS is gearing up to re-open in a limited manner on June 4.

Border between US and Mexico/Canada to be closed until the CDC tells us otherwise. https://www.cdc.gov//p/CDC-265-Order-Renewal_5-19-20-p.pdf

Are you eligible for the IRS stimulus check if you are not a US Citizen or a Permanent Resident? Possibly yes! Even non-immigrants (H-1Bs, O-1s etc) may qualify as a "resident alien" by the IRS definition, as long as you have a social security number, cannot be claimed as a dependent by someone else, and meet the income requirements. See here for more information: https://www.irs.gov//economic-impact-payment-information-c

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, fiances 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: https://www.uscis.gov//uscis-response-coronavirus-2019-cov

If you received or receive a Request for Evidence or a Notice of Intent to Deny between March 1, 2020 and May 1, 2020, the USCIS is extending the deadline to respond by 60 calendar days from the due date.

USCIS has extended its suspension of in person events until April 7, 2020. This includes ASC appointments for fingerprinting and biometrics.

USCIS temporarily closing some offices. Please see below.

Read and share: "USCIS has made exceptions to the new Public Charge rule as to not discourage anyone, including immigrants, to get tested and treated for the virus." Here are the top 5 things you need to know about the #coronavirus and the Public Charge Rule:

Another win for the Constitution!