Law Office of Douglas Carman, PLLC

I have only made a few announcements on this page over the past four years, but I am providing this update about the immigration benefits proposed by President Biden earlier this week. The proposals represent a series of measures that could help certain undocumented spouses and children of U.S. citizens who have been living in the United States for at least 10 years. The important message that I want to convey today is that these measures have NOT YET been implemented. Details on how to apply are expected to be released by the end of the summer through a Federal Register notice. Also, this program could be legally challenged, which could delay or prevent its implementation. I want to stress that there are many unscrupulous individuals pretending to be lawyers who are already offering their services to people interested in this path to legal status, so you should be very careful about whom you consult. Moreover, you should not be paying anyone for any services associated with filing an application at this time! I am already hearing reports of people paying large sums of money to swindlers for assistance in an application that does not exist yet.

Yesterday, the Department of Homeland Security announced that Temporary Protected Status will be available for Ukrainians who have continuously resided in the United States since March 1, 2022. https://www.dhs.gov/news/2022/03/03/secretary-mayorkas-designates-ukraine-temporary-protected-status-18-months

On Friday of last week, the White House posted a Fact Sheet entitled, Biden-⁠Harris Administration Actions to Attract STEM Talent and Strengthen our Economy and Competitiveness, which announced "new actions to advance predictability and clarity for pathways for international STEM scholars, students, researchers, and experts to contribute to innovation and job creation efforts across America." It notes that the USCIS Policy Manual has been updated for officers reviewing EB2 National Interest Waiver and O-1 visas for certain applicants and it stresses that USCIS prioritizes applicants in the fields of science, technology, engineering, and mathematics. This is welcome news to many of you and we will be monitoring the USCIS to see how it applies this new policy and implements these priorities.

FACT SHEET: Biden-Harris Administration Actions to Attract STEM Talent and Strengthen our Economy and Competitiveness | The White House The Biden-Harris Administration believes that one of America’s greatest strengths is our ability to attract global talent to strengthen our economy and

https://douglascarman.com/public-charge-rule/

https://douglascarman.com/revocation-of-proclamation-10014/

A couple of days ago, the Department of Homeland Security announced Temporary Protected Status for Syrians has been extended for current TPS holders, and that it is open for people who arrived after the last designation to make an initial application. This is welcome news for more recently arrived Syrians, who now have the opportunity to obtain a status that will protect them from removal from the United States, and in some cases, make it easier to obtain legal permanent residency.

https://douglascarman.com/muslim-ban-executive-order-and-proclamations-revoked/

https://douglascarman.com/fairness-for-high-skilled-immigrants-act/

https://douglascarman.com/visa-restrictions-extended-to-03-31-2021/

Visa restrictions extended to 03/31/2021 – Douglas Carman On December 31, 2020, the White House extended its “Proclamation on Suspension of Entry of Immigrants and Nonimmigrants Who Continue to Present a Risk to the United States Labor Market” until March 31, 2021. This Proclamation, which has been in effect since April 2020, restricts the issuance of ...

Everyone has their own opinion on the reasons for the rare defeat of an incumbent President that transpired last month, but I like to believe that a large part of it was a repudiation of the restrictive immigration policies of the past four years in favor of the fairer and more welcoming approach that has made America one of the most diverse and prosperous nations in the world. As we enter a new Presidential Administration, there will be a lot of changes in immigration law. Some of them are likely to occur early next year, such as the revocation of the visa restrictions on residents of several Muslim-majority countries and the revival and possible expansion of the DACA (“Dreamers”) program. Other changes may take longer, however, as it will likely take time to deconstruct the “Invisible Wall” of hostile immigration policies that has been built over the past four years. I hope to be able to update you on the most relevant changes as they occur, and as of today, I am changing the platform I use to provide such updates. I have had my website modified so that I can regularly post news on it instead of using this page. As of today, I will not be posting to this page anymore, and it may be deleted sometime next year. Therefore, if you are still interested in receiving updates on immigration law from me, you can refer to my website at http://www.douglascarman.com. I certainly hope that there will be plenty of good news in the coming months

Douglas Carman – Immigration Attorney Having lived overseas for several years himself, Douglas is keenly aware of the challenges that face a foreign national when dealing with relevant government agencies of the host country, and he is sympathetic to the anxieties that these challenges provoke. As a solo practitioner, Douglas is able to...

There have been some significant changes in the past few days regarding USCIS filing fees. Yesterday, the President signed a funding law that included a provision that allows the USCIS to offer premium (faster) processing on several new types of applications, including EB1, EB2, EB3 I-140 petitions, as well as work permit and change of status cases. The fees for premium processing were significantly increased. The USCIS has not published any information about how and when it will implement this law, so these new premium processing options are not yet available.

On another fee-related subject, a federal court issued an injunction against the fee changes (mostly increases) for all forms that were planned to go into effect today, October 2. Therefore the current fee schedule remains in effect. The government may appeal this decision, so the fees may go up again in the near future depending on the court, but for now there are no changes in the fees.

Over the past several weeks, many of you have expressed concern about a possible furlough of USCIS employees that would have resulted in very drastic delays in application processing. Fortunately, the USCIS has announced that there will *not* be a furlough, so USCIS officers will continue working at the same capacity as they are currently. In the meantime, immigrant advocacy organizations and other stakeholders are pressuring Congress to fully fund the USCIS so that it can reduce processing times that have grown over the past few years.

This weekend, the Department of State published its clarifications on last month's Presidential Proclamation that prohibited the issuance of H1B visas with some exceptions. The Proclamation's exception regarding healthcare professionals was unclear, but DOS has now specifically instructed the consulates to interpret the exception as follows: "For travel as a public health or healthcare professional, or researcher to alleviate the effects of the COVID-19 pandemic, or to conduct ongoing medical research in an area with a substantial public health benefit (e.g. cancer or communicable disease research). This includes those traveling to alleviate effects of the COVID-19 pandemic that may be a secondary effect of the pandemic (e.g., travel by a public health or healthcare professional, or researcher in an area of public health or healthcare that is not directly related to COVID-19, but which has been adversely impacted by the COVID-19 pandemic)." This is a much broader exception than that which was suggested by the Proclamation and could potentially benefit most physicians. Hopefully the individual consulates will generously apply this exception to all physicians and public health specialists and begin issuing visas without delay. https://travel.state.gov/content/travel/en/News/visas-news/exceptions-to-p-p-10014-10052-suspending-entry-of-immigrants-non-immigrants-presenting-risk-to-us-labor-market-during-economic-recovery.html

Exceptions to Presidential Proclamations (10014 & 10052) Suspending the Entry of Immigrants and Nonimmigrants Presenting a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak Meeting between the American Immigration Lawyers Association (AILA) Department of State Liaison Committee and the Visa Office of the U.S. Department of State, Bureau of Consular Affairs

Last night, the White House issued a Proclamation suspending the entry of foreign nationals, which did two things: 1) extended the earlier ban on consular processing of immigrant visas, with some exceptions, until the end of the year, 2) added a ban on the consular processing of certain H, J, and L visas. Note, however, that there are several exceptions to these general rules, so if you are concerned about how your own status may be affected, please read the following non-exhaustive list of people to whom this Proclamation does *not* apply:
1. People already in the US applying for adjustment of status (green card)
2. People who already have a valid visa stamp in their passport
3. Spouses and children of US citizens
4. Medical professionals who are treating COVID patients or doing COVID related research. This clause is not specifically defined in the Proclamation, but directs the DOS, DHS and DOL to establish standards to define this category.
If you are a client of mine and you do not fit any of the above criteria for an exemption, feel free to contact me with details about your situation because the proclamation may not apply to you either depending on the circumstances.
https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-aliens-present-risk-u-s-labor-market-following-coronavirus-outbreak/

Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak | The White House The 2019 Novel Coronavirus (COVID-19) has significantly disrupted Americans' livelihoods. Since March 2020, United States businesses and their workers hav

The Supreme Court ruled today that the Department of Homeland Security's attempt to rescind DACA (the program that protected "Dreamers" from deportation), did not provide adequate justification to terminate the program, as required by the Administrative Procedure Act. This is wonderful news for hundreds of thousands of Dreamers and their families, but it is important to note that this is only a temporary reprieve. The Administration has the right to attempt to provide sufficient justification in its next effort to dismantle DACA. Therefore, the only way to prevent this is at the ballot-box in November, and if you are not a citizen, you should encourage every citizen you to know to make the right choice in November for a President, Senators, and Congresspeople who will pass immigration reforms that will provide permanent relief.

The USCIS has announced that it will resume Premium Processing for H1B and I-140 during the month of June, with the following schedule https://www.uscis.gov/news/alerts/uscis-resumes-premium-processing-certain-petitions

USCIS Resumes Premium Processing for Certain Petitions U.S. Citizenship and Immigration Services today announced that it will resume premium processing for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien

Though the USCIS Service Centers have continued working over the past couple of months, the field offices, application support centers, and asylum offices where face-to-face interviews and fingerprinting are performed, have been closed. The USCIS announced today that these offices are scheduled to re-open on June 4. If your interview or fingerprint appointment was scheduled and canceled over the past two months, you should expect another invitation in the mail. Please note that these offices will likely be operating at limited capacity, so you should not expect a new invitation very soon. The USCIS has not published any guidance on how long you should expect to wait, but your cases will now begin moving forward again. https://www.uscis.gov/news/alerts/uscis-preparing-resume-public-services-june-4

USCIS Preparing to Resume Public Services on June 4 U.S. Citizenship and Immigration Services is preparing some domestic offices to reopen and resume non-emergency public services on or after June 4.

The Proclamation that the President tweeted about a couple of days ago was signed and published yesterday evening. The good news is that the contents of the Proclamation merely formalize the temporary halt in issuance of immigrant visas that has already existed for several weeks since US Consulates around the world have closed due to COVID-19. This Proclamation does not affect people already in the United States applying for a green card or any other immigration benefits. It also does not affect people who are outside of the United States who are applying for non-immigrant visas such as visitor, student, exchange visitor, or work visas. There are even exceptions for some people outside of the United States applying for an immigrant visa. Therefore, for the vast majority of you, nothing has changed. I will be reaching out to my clients whom this affects, so if I do not contact you, you can assume that nothing has changed. This Proclamation is just another act in the cheap political theater we have been subjected to for the past three years. In the coming months, as we approach the presidential election, you should expect more such offensive spectacle. Stay safe, stay calm.
https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-immigrants-present-risk-u-s-labor-market-economic-recovery-following-covid-19-outbreak/

Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak | The White House The 2019 Novel Coronavirus (COVID-19) has significantly disrupted the livelihoods of Americans. In Proclamation 9994 of March 13, 2020 (Declaring a Nation

I am going to keep this short. I recommend not paying attention to the President's tweets. They have no legal force and they never provide sufficient information to specify details of future policies.

The COVID-19 crisis has greatly disrupted the economy, resulting in millions of people being laid off from their jobs. I have gotten several questions from immigrants about whether receiving unemployment benefits will jeopardize their status due to the public charge rule. For those of you who already have a green card, this should not be a concern, as the public charge rules only applies to people who are applying for a green card, not to those who are already legal permanent residents. People who are not yet legal permanent residents but who are authorized to work by the DHS may be eligible for unemployment benefits depending on the laws in the state in which they work. Those eligible do not need to worry about triggering the public charge rule because unemployment is an "earned benefit" that workers pay into with their paychecks. Though a prolonged period of unemployment may make it more difficult to obtain a green card in the future, the acceptance of unemployment benefits in and of itself does not put someone at risk under the public charge rule.

I will continue to post relevant updates to changes in USCIS/DOS operations here, but I just want to take a moment to express gratitude to all of you during these difficult times. Many of my clients are physicians, and it goes without saying that the entire country is grateful for your work "on the front lines" of the battle against COVID-19. Others work in industries that continue to provide essential services to Americans like food and delivery services, and you are also putting your health at risk so that the majority of people can remain at home in an effort to combat the spread of this virus. Still others are not necessarily in the work force, but are supporting their families and communities in other important ways. Regardless of your current immigration status, you are all part of the American community, and we appreciate your contributions.

Like many other government agencies and businesses across the United States, operations and accessibility at the USCIS will be changing as necessary to protect public health during the COVID-19 pandemic. Today, the USCIS posted a web page that provides guidelines in respect to interview and biometric appointments, as well as notices on some temporary Field Office and Application Center closures. As of now, Service Centers where most applications for immigration benefits are processed are still operating normally, but I will update you if there are any major changes in the future. https://www.uscis.gov/about-us/uscis-response-coronavirus-disease-2019-covid-19

USCIS Response to the Coronavirus Disease 2019 (COVID-19) ALERT: Rescheduling Appointments Due to the Coronavirus (COVID-19)If you become ill for any reason, regardless of whether you were exposed to COVID-19, you should not come to appointments at a

On Monday, February 24th, the new "Public Charge" rules will go into effect, and you have probably read or heard conflicting information about how you and your families will be affected, so I would like to share a simple and clear list of the types of government aid that you should avoid in order to not compromise your ability to obtain a green card.

You should avoid:
- Cash Assistance for Income Maintenance (includes TANF, SSI, and federal, state, and local assistance programs)
- SNAP or Food Stamps
- Medicaid (with exceptions listed below)
- Housing Assistance (Public Housing or Section 8 Housing Vouchers and Rental Assistance)

Any other government assistance not on the above list is okay to accept, such as:
- Benefits received by the immigrant’s family members
- Benefits received by U.S. Armed Forces Service Members
- Emergency medical assistance
- Medicaid received by (1) children under 21; (2) during pregnancy or within 60 days of pregnancy; or (3) under the Individuals with Disabilities Education Act (IDEA).
- Heath Insurance under the Affordable Care Act
- Social Security and Medicare
- WIC
- CHIP
- Energy Assistance (LIHEAP)
- Pell grants and student loans
- Worker’s Compensation or Unemployment Benefits
- Tax-related cash benefits

Please note that receiving any of these government benefits does not *automatically* disqualify you from obtaining a green card. They are just factors that the USCIS will consider when determining the likelihood that you would become a public charge (dependent on government benefits) in the future. If you are my client and you have any specific questions about how this may affect you, please contact me directly by e-mail.

(Note that the above may not apply to residents of Illinois, where a legal challenge is still pending. Also, some people like asylees, VAWA self-petitioners and some other vulnerable groups are not subject to the public charge rules.)

Source: American Immigration Lawyers Association

The USCIS has just published some guidance on the Public Charge Rule that will go into effect on February 24, 2020. I have included a link to this guidance below. The USCIS has also posted revised forms for several petition types, including frequently used forms like the I-485 Adjustment of Status and the I-864 Affidavit of Support. Moreover, a new form has been posted, the I-944 Declaration of Self Sufficiency, that must be included in all adjustment of status ("green card") application packages, with limited exceptions. Any application postmarked on or after February 24 must use the new versions of the forms. https://www.uscis.gov/sites/default/files/policymanual/updates/20200205-PublicCharge.pdf

www.uscis.gov

Yesterday, the White House issued a Proclamation that added the following countries to the list from which foreign nationals are not permitted immigrant visas: Kyrgyzstan, Nigeria, Burma (Myanmar), and Eritrea. However, people from these countries are still eligible to apply for non-immigrant visas (like student, work, and visitor visas). Also, the Proclamation excludes nationals of Sudan and Tanzania from participation in the Diversity Visa Lottery. This Order will go into effect on February 21, 2020. The language of yesterday's Proclamation seems to indicate that Consulates will accept "waiver" applications for nationals of the countries added to the list in the same manner as they have for applicants from the countries listed in Proclamation 9645 of September 27, 2017. To be eligible for a waiver, the applicants must show that a denial of their waiver would cause undue hardship, that the applicants' immigration is in the US national interest, and that their entry would not be a security risk. https://www.whitehouse.gov/presidential-actions/proclamation-improving-enhanced-vetting-capabilities-processes-detecting-attempted-entry/

Yesterday, the Supreme Court ruled that DHS will be able to apply the "Public Charge Inadmissibility Rule" that was issued in August 2019, but which had been blocked by the courts since October 2019. I posted about this rule in October 2019 when the court injunction had been issued, and you can see a link to this post in the comments. Yesterday's ruling means that there will soon be changes to many of the USCIS forms, including the I-485 and I-864. The USCIS website has not been updated to reflect this new ruling yet, but it is likely that new instructions will be posted on the USCIS website soon.

***UPDATE/REVISION - SEE COMMENT BELOW*** The USCIS published the new I-944 "Declaration of Self-Sufficiency" form that will be required for all adjustment of status ("green card") applications starting on October 15, 2019. It is an eighteen-page form with detailed questions about the applicant's and household members' assets, resources, and financial status, as well as their education and skills. I am including a link here to the USCIS web page where the form is available for anyone who is interested, but if you are one of my clients, you do not need to fill out one of these pdf forms as I can generate these forms for you based on information that you provide to me. https://www.uscis.gov/forms/i-944

I-944, Declaration of Self-Sufficiency Versión en español I-944, Declaration of Self-Sufficiency On Aug. 14, 2019, DHS published a final rule on the public charge ground of inadmissibility (see section 212(a)(4) of the Immigration and Nationality Act). The final rule becomes effective Oct. 15, 2019.  Do not submit this form until Oct...

A couple of days ago, the President issued a Proclamation, effective beginning on November 3, 2019, that all immigrants to the US must have health insurance or demonstrate that they will be able to obtain health insurance within 30 days of entering the US or have the means to pay for their healthcare costs themselves. (With some enumerated exceptions.) Note that this Proclamation does *not* apply to non-immigrant visas like visitor, student, and work visas. Since the process of applying for immigration already includes an affidavit of support and demonstrating that the immigrant will not become a public charge, this Proclamation does not represent a substantial change. It is merely another act of of this Administration's "signaling" to its supporters that it is making efforts to reduce legal immigration. That said, it is important to be aware of this Proclamation when preparing documentation for an immigrant visa interview at a US Consulate, so that you are able to demonstrate the ability to cover healthcare costs. https://www.whitehouse.gov/presidential-actions/presidential-proclamation-suspension-entry-immigrants-will-financially-burden-united-states-healthcare-system/

Presidential Proclamation on the Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System | The White House Healthcare providers and taxpayers bear substantial costs in paying for medical expenses incurred by people who lack health insurance or the ability to pay for their healthcare. Hospitals and other providers often administer care to the uninsured without any hope of receiving reimbursement from them...

Earlier this week, Edward Ramotowski of DOS Bureau of Consular Affairs testified about the creation of a new automated vetting process for visa applicants subject to Travel Ban 3.0. He testified that visa issuances pursuant to a waiver have risen to more than 50 percent since implementation of the process. Though this has not been independently verified, this could be encouraging news for people who are subject to the Travel Ban, as the previous approval rate had been less than 10 percent until implementation of this new process 2 months ago . I would encourage you to share this news with anyone you know who has been seeking to immigrate to or visit the United States but has been postponing travel because of the ban.https://docs.house.gov/meetings/JU/JU01/20190924/109976/HHRG-116-JU01-Wstate-RamotowskiE-20190924.pdf

docs.house.gov

Today, the USCIS published a notice about the extension of TPS for Syrians in the Federal Register, so you may begin submitting applications as of today. They will accept applications for 60 days. Note also that people who currently hold EADs based on TPS will have the validity of their current EADs extended for 180 days if they apply for a new one. https://www.federalregister.gov/documents/2019/09/23/2019-20457/extension-of-the-designation-of-syria-for-temporary-protected-status

Extension of the Designation of Syria for Temporary Protected Status Through this Notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is extending the designation of Syria for Temporary Protected Status (TPS) for 18 months, from October 1, 2019, through March 31, 2021. The extension allows currently...