Effective March 9, 2021, applicants for a green card should not file Form I-944, Declaration of Self-Sufficiency, or any evidence or documentation required on that form with their Form I-485. The Form I-944 has been discontinued.

If you received a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) requesting information that is solely required for Form I-944 by the Public Charge Final Rule, and your response is due on or after March 9, 2021, you don't need to provide the information solely required by the Public Charge Final Rule.

You do, however, need to respond to the aspects of the RFE or NOID that otherwise pertain to the eligibility for the immigration benefit sought. If USCIS requires additional information or evidence to make a public charge inadmissibility determination, it will issue a subsequent RFE or NOID.

USCIS will issue additional guidance regarding the use of affected forms. In the interim, USCIS will not reject any Form I-485 on the basis of the inclusion or exclusion of Form I-944.

Briefly in Russian:

9 марта 2021 форма I-944, Декларации о самодостаточности была отменена. Это Декларация и доказательства финансовой состоятельности более не требуется при подаче заявления на грин карту, форма I-485.

Вам не нужно отвечать на запрос о документах, если это касается именно этой формы, но стоит внимательно изучить RFE и ответить на те вопросы, которые относятся к другим элементам вашего дела.

Please see announcement here: https://www.uscis.gov/i-944

Naturalization test changes again: on March 1, 2021, USCIS will revert back to the old 2008 test and abandon December 2020 version of the citizenship test. It will make it easier for many applicants!

U.S. Citizenship and Immigration Services announced today it is reverting to the 2008 version of the naturalization civics test beginning March 1, 2021.

On Dec. 1, 2020, USCIS implemented a revised naturalization civics test (2020 civics test) as part of a decennial test review and update process. USCIS determined the 2020 civics test development process, content, testing procedures, and implementation schedule may inadvertently create potential barriers to the naturalization process. This action is consistent with the framework of the Executive Order on Restoring Faith in Our Legal Immigration Systems, which directs a comprehensive review of the naturalization process to eliminate barriers and make the process more accessible to all eligible individuals.

The 2008 civics test was thoroughly developed over a multi-year period with the input of more than 150 organizations, which included English as a second language experts, educators, and historians, and was piloted before its implementation. USCIS aspires to make the process as accessible as possible as directed by President Biden’s request to review the process thoroughly.

The civics test is administered to applicants who apply for U.S. citizenship through naturalization and is one of the statutory requirements for naturalizing. Applicants must demonstrate a knowledge and understanding of the fundamentals of the history, principles, and form of government of the United States. The decision to naturalize demonstrates an investment in and commitment to this country. USCIS is committed to administering a test that is an instrument of civic learning and fosters civic integration as part of the test preparation process.

Applicants who filed their application for naturalization on or after Dec. 1, 2020, and before March 1, 2021, likely have been studying for the 2020 test; therefore, USCIS will give these applicants the option to take either the 2020 civics test or the 2008 civics test. There will be a transition period where both tests are being offered. The 2020 test will be phased out on April 19, 2021, for initial test takers. Applicants filing on or after March 1, 2021, will take the 2008 civics test.

The test items and study guides can be found on the Citizenship Resource Center on the USCIS website. USCIS has also updated the Policy Manual accordingly; see Volume 12, Part E, English and Civics Testing and Exceptions, Chapter 2, English and Civics Testing.

https://www.uscis.gov/citizenship/learn-about-citizenship/the-naturalization-interview-and-test

Current wait times for nonimmigrant visas at the USA embassies around the world can be viewed here. 

You can see here the most current information about B1/B2 visitor, F1 student and other non-immigrant visas.

Время ожидания интервью на визу США для резидентов. Визы туристические или гостевые, студенческие и другие неиммиграционные визы.

On January 20, 2021, President Biden signed a Presidential Proclamation titled “Ending Discriminatory Bans on Entry to the United States.”  This proclamation ends the travel restrictions under Presidential Proclamations 9645 and 9983 that had suspended entry into the United States of certain nationals, based on visa type, from Burma, Eritrea, Iran, Kyrgyzstan, Libya, Nigeria, North Korea, Somalia, Sudan, Syria, Tanzania, Venezuela, and Yemen.
Pursuant to President Biden’s proclamation, the State Department will undertake a review to ensure that individuals whose immigrant visa applications were denied on the basis of the suspension and restriction on entry imposed by P.P. 9645 or 9983 may have their applications reconsidered. This review will consider whether to reopen immigrant visa applications that were denied due to the suspension and restriction on entry imposed by P.P. 9645 or 9983; whether it is necessary to charge an additional fee to process those visa applications; and development of a plan to expedite consideration of those visa applications.
Pending the Department’s review, under current Department regulations Immigrant visa (IV) applicants who were previously refused) due to either P.P. 9645 or 9983 and were determined not to qualify for a waiver before January 20, 2020, must submit a new visa application (DS-260) and pay a new visa application processing fee.  IV applicants refused due to either P.P. 9645 or 9983 and whose eligibility for a waiver was still being evaluated, or who were determined not to qualify for a waiver within one year of January 20, 2021, and who also request their local embassy or consulate to resume processing on their case within one year of January 20, 2021 may be able to resume processing of their case without submitting a new application or paying a new visa application processing fee. Embassies and consulates will prioritize the adjudication of applications for those individuals who remain in the waiver process.
Nonimmigrant visa applicants who were previously refused due to either P.P. 9645 or 9983 and did not qualify for a waiver will need to submit a new visa application (DS-160) and pay a new visa application processing fee if they wish to reapply for a visa.  
Pursuant to President Biden’s proclamation, the Department can immediately process visa applications for individuals from the affected countries. Please note that the rescission of P.P.s 9645 and 9983 does not necessarily mean that your local U.S. embassy or consulate is able to immediately schedule all affected applicants for visa interviews.  The resumption of routine visa services during the ongoing COVID-19 pandemic, prioritized after services to U.S. citizens, will occur on a post-by-post basis, consistent with the Department’s guidance for safely returning our workforce to Department facilities.  U.S. Embassies and Consulates have continued to provide emergency and mission-critical visa services since March and will continue to do so as they are able.  Applicants, including those previously denied due to P.P. 9645 or 9983, should consult the website of their nearest U.S. embassy or consulate to determine if their case qualifies for expedited processing.  As post-specific conditions improve, our missions will begin providing additional services, culminating eventually in a complete resumption of routine visa services.  Please see here for more information on the phased resumption of visa services.

​Read more.

​President Joe Biden plans to sign restrictions Monday on travel to the United States to mitigate Covid-19 transmission, two White House officials confirmed today.

The ban would prevent most non-U.S. citizens from entry if they have recently been in South Africa, where a new strain of Covid-19 has been identified. The virus has killed more than 418,000 people and infected upward of 25 million across the U.S., according to an NBC News tracker.

Biden is also expected to reinstate broader restrictions that were in effect much of the past year but were rescinded by President Donald Trump days before his term ended. The limits would affect non-U.S. citizens traveling from the United Kingdom, Ireland and much of Europe in what is known as the Schengen countries, which share a common visa process. Travelers from Brazil would also be affected.

​More here.

The Visa Waiver Program (VWP) enables most citizens or nationals of participating countries* to travel to the United States for tourism or business for stays of 90 days or less without obtaining a visa. Travelers must have a valid Electronic System for Travel Authorization (ESTA) approval prior to travel and meet all requirements explained below. If you prefer to have a visa in your passport, you may still apply for a visitor (B) visa.
Requirements for Using the Visa Waiver Program (VWP)
You must meet all of the following requirements to travel to the United States on the VWP:
Must Be a Citizen or National of a VWP Designated Country*

You must be a citizen or national of the following countries* to be eligible to travel to the United States under the VWP.

• Andorra
• Australia
• Austria
• Belgium
• Brunei
• Chile
• Czech Republic
• Denmark
• Estonia
• Finland
• France
• Germany
• Greece

• Hungary
• Iceland
• Ireland
• Italy
• Japan
• Latvia
• Liechtenstein
• Lithuania
• Luxembourg
• Malta
• Monaco
• Netherlands
• New Zealand

• Norway
• Poland
• Portugal
• San Marino
• Singapore
• Slovakia
• Slovenia
• South Korea
• Spain
• Sweden
• Switzerland
• Taiwan*
• United Kingdom**

**To be eligible to travel under the VWP, British citizens must have the unrestricted right of permanent abode in England, Scotland, Wales, Northern Ireland, the Channel Islands, and the Isle of Man.
Each Traveler Must Have a Valid ESTA
In order to travel without a visa on the VWP, you must have authorization through the Electronic System for Travel Authorization (ESTA) prior to boarding a U.S. bound air or sea carrier. ESTA is a web-based system operated by U.S. Customs and Border Protection (CBP) to determine eligibility to travel under the VWP to the United States for tourism or business. Visit the ESTA webpage on the CBP website for more information.
Updating Your ESTA
In most cases, your ESTA will be valid for two years.  You also must obtain a new ESTA if you: (1) receive a new passport, including an emergency or temporary passport; (2) change your name; (3) change your gender; (4) change your country of citizenship; or (5) need to change your responses to any of the “yes” or “no” questions on the ESTA application.
Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015
Under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015, travelers in the following categories must obtain a visa prior to traveling to the United States as they are no longer eligible to travel under the Visa Waiver Program (VWP):

• Nationals of VWP countries who have traveled to or been present in Democratic People's Republic of Korea, Iran, Iraq, Libya, Somalia, Sudan, Syria, or Yemen on or after March 1, 2011 (with limited exceptions for travel for diplomatic or military purposes in the service of a VWP country).
• Nationals of VWP countries who are also nationals of Democratic People's Republic of Korea, Iran, Iraq, Sudan, or Syria.


• These individuals can apply for visas using regular appointment processes at a U.S. Embassy or Consulate.  For those who require a visa for urgent travel to the United States, U.S. Embassies and Consulates stand ready to handle applications on an expedited basis.

If an individual who is exempt from the Act because of his or her diplomatic or military presence in one of the seven countries has his or her ESTA denied, he or she may go to the CBP website, or contact the CBP information Center. The traveler may also apply for a nonimmigrant visa at a U.S. Embassy or Consulate.
U.S. Customs and Border Protection strongly recommends that any traveler to the United States check his or her ESTA status prior to making any travel reservations or travelling to the United States. More information is available on the Department of Homeland Security (DHS) website. 
Have the Correct Type of Passport
You must have a passport that is valid for at least 6 months after your planned departure from the United States (unless exempted by country-specific agreements). For families, each member of your family, including infants and children, must have his/her own passport. 
In addition, you must have an e-passport to use the VWP. An e-passport is an enhanced secure passport with an embedded electronic chip. The chip can be scanned to match the identity of the traveler to the passport. E-Passports must be in compliance with standards set by the International Civil Aviation Organization (ICAO). You can readily identify an e-passport, by a symbol on the cover. See the example below. More information about e-passports is available on the DHS website.

​More information here and here.

The Department of State suspended routine visa services worldwide in March 2020 due to the COVID-19 pandemic. In July 2020, U.S. Embassies and Consulates began a phased resumption of routine visa services.
The resumption of routine visa services, prioritized after services to U.S. citizens, will occur on a post-by-post basis, consistent with the Department’s guidance for safely returning our workforce to Department facilities. U.S. Embassies and Consulates have continued to provide emergency and mission-critical visa services since March and will continue to do so as they are able. As post-specific conditions improve, our missions will begin providing additional services, culminating eventually in a complete resumption of routine visa services.
We are unable to provide a specific date for when each mission will resume specific visa services, or when each mission will return to processing at pre-pandemic workload levels. See each U.S. Embassy or Consulate’s website for information regarding operating status and which services it is currently offering.
Our missions overseas continue to provide all possible services to U.S. citizens. More information is available on each post’s website.
This does not affect travel under the Visa Waiver Program. See https://esta.cbp.dhs.gov/faq?focusedTopic=Schengen%20Travel%20Proclamation for more information.
Applicants with an urgent matter who need to travel immediately should contact the nearest embassy or consulate to request an emergency appointment. Contact information is on the embassy or consulate’s website.
FAQ
Q. Which additional visa services are embassies/consulates beginning to provide?
All of our missions are continuing to provide emergency and mission-critical visa services. As post-specific conditions permit, and after meeting demand for services to U.S. citizens, our missions will phase in processing some routine immigrant and nonimmigrant visa cases. Posts that process immigrant visa applications will prioritize Immediate Relative family members of U.S. citizens including intercountry adoptions (consistent with Presidential Proclamation 10014) fiancé(e)s of U.S. citizens, and certain Special Immigrant Visa applications. Posts processing non-immigrant visa applications will continue to prioritize travelers with urgent travel needs, foreign diplomats, and certain mission critical categories of travelers such as those coming to assist with the U.S. response to the pandemic, followed by students (F-1, M-1, and certain J-1) and temporary employment visas (consistent with Presidential Proclamation 10052). We expect the volume and type of visa cases each post will process to depend on local circumstances. An embassy or consulate will resume adjudicating all routine nonimmigrant and immigrant visa cases only when adequate resources are available, and it is safe to do so.
Q. What criteria are missions using to determine when to resume routine services?
We are closely monitoring local conditions in each country where we have a U.S. presence. Local conditions that may affect when we can begin providing various public services include medical infrastructure, COVID-19 cases, emergency response capabilities, and restrictions on leaving home.
Q. What steps are being taken to protect customers from the spread of COVID-19?
The health and safety of our workforce and customers will remain paramount. Our embassies and consulates are implementing safeguards to keep staff and customers safe, including implementing physical distancing in our waiting rooms, scheduling fewer interviews at a time, frequent disinfection of high touch areas, and following local health and safety regulations.
Q. Do the various Presidential Proclamations/travel restrictions still apply, or are those lifting with the resumption of visa services?
The five geographical COVID-19 Proclamations (P.P. 9984, 9992, 9993, 9996, 10041) and the two COVID-19 Labor Market Proclamations suspending the entry of certain aliens (P.P. 10014 and 10052) remain in effect.
Q: Is my situation an emergency? I need to go the United States immediately for X.
Applicants can find instructions on how to request an emergency visa appointment at the Embassy or Consulate’s website.
Q. What about my application fee that expired while routine services were suspended?
The Machine Readable Visa (MRV) fee is valid within one year of the date of payment and may be used to schedule a visa appointment in the country where it was purchased. However, the Department understands that as a result of the pandemic, many visa applicants have paid the visa application processing fee and are still waiting to schedule a visa appointment. We are working diligently to restore all routine visa operations as quickly and safely as possible. In the meantime, the Department extended the validity of MRV fees until September 30, 2022, to allow all applicants who were unable to schedule a visa appointment due to the suspension of routine consular operations an opportunity to schedule and/or attend a visa appointment with the fee they already paid.

Read here.

Q: Green card application, Form I-485, of a spouse of a lawful permanent resident was denied because she worked in the USA without a work permit.

Q/ ВОПРОС: ОТКАЗАЛИ В ГРИН КАРТЕ ПО ПРИЧИНЕ РАБОТЫ БЕЗ РАЗРЕШЕНИЯ
Добрый день! Получили отказ в Грин карте 30-го декабря 2020 по причине того, что я нелегально работала в течение года. Муж – Грин кард холдер. Какими могут быть дальнейшие действия: motion to reopen, motion to reconsider or appealing? Или что-то другое? Муж уже подался на гражданство, ждём. Но хотелось бы получить положительный ответ по моему кейсу раньше,чем через 1-2 года. Спасибо!

A / ОТВЕТ: Добрый день, Я понимаю, что вы подавали на adjustment of status как жена постоянного жителя США, и вы подавали сами без адвоката. После отказа Вам стоит проконсультироваться у адвоката.

Ваше дело могут передать из USCIS в иммиграционный суд на депортацию после отказа если у вас нет другого действительного и не истекшего неиммиграционного статуса.

Как супруга постоянного жителя США, которая подает на гринкарту в США по форме I-485, adjustment of status, ваша ситуация отличается от супруги американского гражданина. В частности тем, что вам нужно было доказать, что вы находились в легальном статусе на момент подачи и у вас не было никаких иммиграционных нарушений. Вам отказали USCIS по причине иммиграционных нарушений.

Всего доброго,

Мой ответ опубликован тут.

​

12/31/2020: The Ninth Circuit Court of Appeals lifted a ban on President Donald Trump’s proclamation that bars entry to immigrants without health insurance or the means to pay for hospital bills. *** Therefore, the ban is in effect now. A visa can be denied for lack of an appropriate health insurance.
In a 2-1 decision the appellate court ruled that the proclamation was within the president’s authority and reversed a federal court decision to block implementation of the order.
U.S. Circuit Judge A. Wallace Tashima, a Bill Clinton appointee authored a 15-page dissent. Judge Tashima, who was imprisoned as a child in a WWII-era Japanese internment camp, said he agreed with the district court ruling.
“The Proclamation overrides both the Affordable Care Act (“ACA”), which makes recently arrived lawful immigrants eligible for subsidized health insurance plans… and the public charge rule of the Immigration and Nationality Act (“INA”), which comprehensively addresses the circumstances under which individuals may be excluded from this country due to their limited financial means or the financial burdens they will place on others,” he wrote.
Tashima wrote that the proclamation “has no nexus to national security, addresses a purely domestic concern (uncompensated health care costs), lacks any conceivable temporal limit, and works a major overhaul of this nation’s immigration laws without the input of Congress — a sweeping and unprecedented exercise of unilateral Executive power.”
“It strains credulity to suggest that Congress intended to authorize the President to undermine its own policy judgments,” he wrote.

​Read more here.

What is an ITIN?

• It was created for tax purposes. The ITIN was created by the IRS in July 1996 to allow foreign nationals and other individuals who are not eligible for a Social Security number (SSN) to comply with U.S. tax laws.
• ITINs are not SSNs. The ITIN is a nine-digit number that always begins with the number 9 and has a 7 or 8 in the fourth digit; for example, 9XX-7X-XXXX.
• Many immigrants have ITINs. People who do not have a lawful status in the United States may obtain an ITIN. In addition, the following people are lawfully in the country and must pay taxes, but may not be eligible for a SSN and may obtain an ITIN:
  • A non-resident foreign national who owns or invests in a U.S. business and receives taxable income from that U.S. business, but lives in another country.
  • A foreign national student who qualifies as a resident of the United States (based on days present in the United States).
  • A dependent or spouse of a U.S. citizen or lawful permanent resident.
• A dependent or spouse of a foreign national on a temporary visa.

ITINs do not provide legal status or work authorization.

• An ITIN does not provide legal immigration status and cannot be used to prove legal presence in the United States.
• An ITIN does not provide work authorization and cannot be used to prove work authorization on an I-9 form.

ITIN holders pay taxes. 

What other purposes can an ITIN serve?

• Opening an interest-bearing bank account. Individuals who do not have a SNN but do have an ITIN can open interest-bearing accounts.
• Securing a driver’s license. Some states have allowed the ITIN to be used instead of a SSN in order to receive a driver’s license, driver’s permit, or state identification card.
• Providing proof of residency. At some point in the future, an immigrant may need to prove how long he or she has been in the United States and having a tax return filed using an ITIN is one way to show that.

Is the ITIN a way for the government to track undocumented immigrants? The ITIN is not an immigration-enforcement tool. The application process is designed to facilitate tax payment, and the fact that the IRS does not share applicants’ private information with immigration enforcement agencies is key to tax compliance. 

• Taxpayer privacy is an important cornerstone of the U.S. tax system. Because applicants provide the IRS with a great amount of personal information, privacy is critical to the success of the program. Section 6103 of the Internal Revenue Code states that the IRS is not authorized to release taxpayer information to other government agencies except for providing information to the Treasury Department for investigations that pertain to tax administration, or under a court order related to a non-tax criminal investigation. Expanding information-sharing beyond this would require a new law—an issue that arises often during legislative debates.

How does one apply for an ITIN?

• Applicants must fill out a W-7 application form and submit it to the IRS along with a completed tax return. Individuals do not need to apply in person. When the application is approved, ITINs are sent to applicants through the mail.
• Applicants are required to submit original documents verifying identity and “foreign status.” The IRS has issued a list of 13 documents that will be accepted for this purpose. Those documents will be returned to the applicant within 60 days of receipt and processing of the W-7 form.
• There are IRS Acceptance Agents and Taxpayer Assistance Centers available to help persons apply.

In 2015, Congress enacted legislation to clarify the 2012 guidance from the IRS stating that all ITINs issued after December 31, 2012, will have to be revalidated every five years. Additionally, if a person obtains an ITIN but does not use it for three consecutive years, it will expire and will need to be revalidated.


Read more here.

In response to the coronavirus (COVID-19) pandemic, USCIS is extending the flexibilities it announced on March 30, 2020, to assist applicants, petitioners, and requestors who are responding to certain:

• Requests for Evidence;
• Continuations to Request Evidence (N-14);
• Notices of Intent to Deny;
• Notices of Intent to Revoke;
• Notices of Intent to Rescind;
• Notices of Intent to Terminate regional centers;
• Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant;
• Filing date requirements for Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA); or
• Filing date requirements for Form I-290B, Notice of Appeal or Motion.

Notice/Request/Decision Issuance Date:
This flexibility applies to the above documents if the issuance date listed on the request, notice, or decision is between March 1, 2020, and Jan. 31, 2021, inclusive.

Response Due Date: 
USCIS will consider a response to the above requests and notices received within 60 calendar days after the response due date set in the request or notice before taking any action. Additionally, we will consider a Form N-336 or Form I-290B received up to 60 calendar days from the date of the decision before we take any action.
USCIS will provide further updates as the situation develops at uscis.gov/coronavirus for USCIS updates.

Briefly in Russian:

USCIS продлил период, когда разрешено отчечать на запросы из USCIS в вечение дополнительных 60 дней. Этот период с 1 марта 2020 был продлен до 31 января 2021, включительно.
Это значит, что если вы получили запрос из USCIS до 31 января 2021Б и там указана дата, до которой ваш ответ должен быть получен, у вас есть дополнительный период 60 дней для ответа на этот запрос.

Update from USCIS:
​
The USCIS lockbox facilities have received a significant increase in filings in recent weeks. This increase, along with the facilities COVID-19 safety restrictions, is causing significant delays for processing receipt notices, forms I-797.
If you properly filed your form, USCIS will send a receipt notice to the mailing address provided on your form within 30 days. If your submission is incomplete or improperly filed, it can be rejected.

Suggestions and tips from USCIS:

Review the form instructions and checklist of required initial evidence on the form webpage (if this option is available for your form);
Use correct editions of the forms (download them from USCIS website);
Properly sign your applications;
Submit a correct filing fee;
Mail your application to a correct address using the USPS, UPS, DHL or FedEx;
Submit single-sided photocopies of requested documents;
Always send in original passport photos where requested;
Submit only the required evidence and supporting documentation listed in the form instructions;
If you cannot provide the required primary evidence when filing a form, review the form instructions for appropriate secondary evidence.

For more information about USCIS filing tips, please visit USCIS.

On December 15, 2020, USCIS announced updated guidance expanding the discretionary criteria USCIS officers use to determine whether to interview applicants filing Form I-485, Application to Register Permanent Residence or Adjust Status, based on refugee or asylee status. Whether an interview is necessary to determine the admissibility of an alien applying for lawful permanent resident status under INA § 209. The updates do not change the eligibility requirements to adjust status.  
The list of interview criteria can be found in the Policy Manual, Volume 7, Part L, Chapter 5, Part B.  Each determination by USCIS to waive or require an interview will continue to be made at the discretion of the USCIS officer on a case-by-case basis. The updated criteria may result in more applicants requested to appear for an interview.

B. Interview Criteria

The decision to interview a refugee applicant for adjustment of status is made on a case-by-case basis.[1] Interviews are generally required when an officer is unable to verify identity or determine admissibility based solely on the immigration records available to the officer. Although the decision to conduct an interview is made on a case-by-case basis, an officer should generally refer a case for interview if it meets one or more of the following criteria:

• The officer cannot verify the identity of the applicant through the information in the A-File. 
• The officer can verify the identity of the applicant through the information in the A-File, but the applicant is claiming a new identity.
• Immigration records are insufficient for the officer to determine whether or not the applicant has refugee status.
• The applicant has an approved Form I-730, but, if granted overseas, was not interviewed as part of the derivative refugee process or, if granted in the United States, was not interviewed prior to the approval.
• The applicant’s Federal Bureau of Investigation (FBI) fingerprint results indicate that further processing is needed.
• The officer cannot determine the applicant’s admissibility without an interview.
• The officer determines that the applicant is inadmissible but that an interview is necessary to determine if a waiver is appropriate.
• The applicant has an articulable national security or terrorism-related ground of inadmissibility concern.
• Other eligibility fraud, identified on a case-by case basis, where Fraud Detection and National Security (FDNS), Center Fraud Detection Operations (CFDO), or Background Check Units (BCU) recommends interview.
• Immigration records are insufficient for the officer to determine whether or not the applicant is inadmissible based on past or current placement in removal proceedings at any time.[2]
• The applicant has conflicting or multiple identities, other than properly documented by legal name changes.
• A sworn statement is required to address the applicant’s admissibility.
• An interview would yield clarifying information, such as with an unclear response to a request for evidence concerning the applicant’s admissibility.
• The applicant is a citizen of, or last habitually resided in, a country that is now, or was at the time of last residence, a State Sponsor of Terrorism.
• The officer has any other articulable concern regarding identity, inadmissibility, national security, public safety, or fraud, and recommends an interview to help resolve that concern.

ILRC published a brief summary of temporary changes U.S. Citizenship and Immigration Services (USCIS) has made in response to COVID-19. Changes include plans for reopening USCIS facilities after suspending all in-person services, including interviews and biometrics appointments, from March 18 to June 3, 2020; automatic extensions for Requests for Evidence (RFEs), Notices of Intent to Deny (NOIDs), and other responses; and an alert meant to combat the new public charge rule's negative effect on immigrants getting testing, treatment, and care for COVID-19 due to fears about how it might affect their case. 

Latest updates: 
On November 3, 2020, a circuit court of appeals allowed USCIS to continue implementing the new public charge rule nationwide, just one day after a district court vacated the rule as illegal. In July 2020, the rule was also briefly paused during the COVID-19 public health emergency.

On September 22, 2020, USCIS updated its website to indicate that it intends to apply the new public charge rule to all applications postmarked on or after February 24, 2020, meaning even those filed between July 29, 2020 and August 12 or September 11, 2020. In recognition that during the uncertainty surrounding the litigation summarized above some applicants subject to public charge may have filed adjustment applications without Form I-944, USCIS’ new public charge form, USCIS stated it would issue RFEs for the missing forms and evidence for cases received before October 13, 2020.

After October 13, 2020, any adjustment application lacking Form I-944 where required will be rejected. USCIS has republished Form I-944, at uscis.gov/i-944.

USCIS has also published an alert to the public charge page of their website acknowledging that the recently implemented public charge rule may have chilled individuals from seeking medical treatment for COVID-19. The alert states that USCIS will not consider testing, treatment, or preventive care related to COVID-19 as part of the public charge inadmissibility determination, and also that it will consider explanations of COVID-related effects like job loss necessitating use of other public benefits. After briefly removing this alert from its website in late July, USCIS re-posted it on August 21, 2020. 

12/03/2020 Update: On 12/02/2020, the Ninth Circuit Court of Appeals invalidated controversial "public charge" new rule.. again. The public charge rule causes financial harm to states and doesn't promote self-sufficiency as the administration has suggested. The court also argued that the administration failed to explain the abrupt change in policy.

Quick Summary of Updates:

• Planned furlough of 13,400 USCIS employees temporarily halted, again - page 1 • Field offices have started reopening and resuming some interviews and other in-person services with social distancing and other health & safety precautions – page 2
• Starting September 23, 2020 until at least March 22, 2021, the Asylum Office will require applicants use USCIS-provided telephonic interpreters, unless they require a language not available through the government-provided interpreter service – page 3
• Throughout closures, Service Centers and lockboxes have continued to accept applications – page 3
• During office closure USCIS was re-using some biometrics but as Application Support Centers (ASCs) reopen, USCIS will stop doing this – page 3 • Copies of signatures accepted in place of original, “wet ink” signatures – page 3
• USCIS has extended its allowance for extra time to respond to Requests for Evidence (RFEs), Notices of Intent to Deny (NOIDs), and other responses – page 3
• COVID-19 and public charge: after the July 2020 injunction in light of COVID-19 was stayed in September 2020, another court decision on November 2, 2020 briefly stopped the new rule but one day later, on November 3, 2020, USCIS was again allowed to apply the new public charge rule nationwide – page 4
• Contacting USCIS during the pandemic – page 5
​USCIS’ Contact Center, reachable online at https://egov.uscis.gov/e-request/Intro.do and by phone (800-375- 5283), is supposed to be available for emergency requests for service, including requests to schedule Infopass appointments in time-sensitive, urgent situations, for instance emergency advance parole.
• USCIS should do more to ameliorate negative effects of USCIS office closures – page 5 

​New Naturalization Civics Test:

USCIS has revised the civics portion of the naturalization test. All applicants for naturalization who filed their N-400, Application for Naturalization on or after December 1, 2020, will be required to take the 2020 version of the civics test. 

For more information, visit The 2020 Version of the Civics Test page. New 128 Questions and Answers are here (PDF file), or here (online version). 

The revised civics test includes more questions that test the applicant’s understanding of U.S. history and civics (128 questions).

The revised test will not change the passing score, which will remain at 60%. Candidates must answer 12 questions correctly, out of 20 in order to pass.

USCIS will maintain the current guidelines for statutorily established special considerations for applicants who are 65 years old or older and have at least 20 years of lawful permanent resident status. These applicants will be asked 10 questions and must answer a minimum of 6 questions correctly in order to pass.

Applicants for naturalization with a filing date before 12/01/2020, are required to take the current 2008 version of the civics test.  

If you already filed your N-400, or will file it before December 1, 2020, you will take the current 2008 test.
​

• On November 2, 2020, a federal district court in Illinois has vacated the Department of Homeland Security/USCIS February 24, 2020 Public Charge Rule as a violation of administrative law.
• The court ruling prevents USCIS from applying the public charge rule nationwide starting today, November 2, 2020.
• USCIS is expected to issue guidance on the impact of the decision to applicants for adjustment of status and nonimmigrant changes and extensions of status, but has not yet done so.
• DHS is expected to appeal the court ruling, but the district court decision will remain in place while that appeal is pending.
• Today’s decision follows a string of judicial rulings regarding preliminary injunctions of the public charge rule, which concerned temporary bars to enforcement of the rule while several lawsuits continue. The most recent preliminary injunction ruling was the Second Circuit's September 11, 2020 decision, which allowed USCIS to resume applying the public charge rule nationwide while Second Circuit legal challenges are pending. Today’s Cook County decision is within the jurisdiction of the Seventh Circuit and is a final decision on the merits of the district court case. It therefore supersedes the September 11 decision, and will remain in place unless and until it is overturned by the Seventh Circuit Court of Appeals or by the U.S. Supreme Court.
• The legality of the public charge rule is being challenged in various jurisdictions. Disagreements among appeals courts could mean that the U.S. Supreme Court makes a final decision on whether the public charge rule is lawful.

Briefly in Russian:
2 ноября 2020 федеральный суд опять признал незаконным закон от 24 февряля 2020 о финансовой состоятельности Public Charge rule. USCIS не имеет право применять этот закон начиная с сегодняшнего дня.

Read the text of the decision here.

The Board of Immigration Appeals BIA has issued an important precedent decision in Matter of PAK, 28 I&N Dec. 113 (BIA 2020).

SUMMARY: Where there is substantial and probative evidence that a beneficiary’s prior marriage was fraudulent and entered into for the purpose of evading the immigration laws, a subsequent visa petition filed on the beneficiary’s behalf is properly denied pursuant to section 204(c) of the Immigration and Nationality Act, 8 U.S.C. § 1154(c) (2018), even if the first visa petition was denied because of insufficient evidence of a bona fide marital relationship.

Analysis: "The plain language of the statute and the regulation does not foreclose the application of the section 204(c) bar in cases where the prior visa petition filed on the beneficiary’s behalf was denied based on failure to establish a bona fide marital relationship, but the marriage had not been determined to be fraudulent.3 See Matter of R.I. Ortega, 28 I&N Dec. 9, 12 (BIA 2020) (stating that “[u]nder settled rules of statutory construction, we look first to the plain meaning of the language”). Instead, the broad phrasing and the absence of a temporal requirement suggest that section 204(c) may be applied based on a marriage fraud finding whenever it becomes evident that there is substantial and probative evidence of an attempt or conspiracy to enter into a marriage for the purpose of evading the immigration laws. Our prior precedent further supports this interpretation. In Matter of Kahy, 19 I&N Dec. 803, 804–05 (BIA 1988), we considered whether the District Director properly denied a subsequent visa petition under section 204(c) of the Act where the beneficiary’s ex-wife had indicated in a sworn statement that she agreed to marry him for $1,000 so he could remain in the United States, but she never actually sought an immigration benefit based on the fraudulent marriage because an unidentified person had forged her signature on the visa petition. Even though the beneficiary had not pursued an immigration benefit, we held that “where there is evidence in the record to indicate that the beneficiary has been an active participant in a marriage fraud conspiracy, the burden shifts to the petitioner to establish that the beneficiary did not seek nonquota or preference status based on a prior fraudulent marriage.” Id. at 806–07. Since the petitioner did not rebut the charge, we affirmed the denial of the visa petition. We similarly addressed the breadth of section 204(c) of the Act and the absence of a specific timeline for its imposition in Matter of Tawfik, 20 I&N Dec. at 168–69. In that case, the District Director revoked approval of the petitioner’s subsequent visa petition on the ground that the beneficiary had previously attempted to be accorded immediate relative status as the spouse of a United States citizen by reason of a fraudulent marriage. Id. at 166–67. In reviewing this determination, we stated that “[n]either section 204(c) of the Act nor the regulations specify . . . at what point” the determination of whether an alien has attempted or conspired to enter into a marriage for the purpose of evading the immigration laws may be made. Id. at 168. We also concluded that the Director “should not give conclusive effect to determinations made in a prior proceeding, but, rather, should reach his own independent conclusion based on the evidence before him.” Id. In that regard, we held that the approvability of the subsequent visa petition “will depend on a determination of whether there is, at present, sufficient evidence, inclusive of evidence relied upon in the determination of the first visa petition, to support the contention that the beneficiary’s previous marriage to a United States citizen was entered into for purposes of evading the immigration laws.” Id. at 168–69. Applying these standards, we found that the record lacked sufficient documentation to support the District Director’s conclusion that the beneficiary had entered into a fraudulent marriage, and we reversed the revocation of the visa petition. Id. at 169–70. The petitioner also contests the propriety of the Director’s finding that the beneficiary’s prior marriage was fraudulent. Evidence of a fraudulent marriage “must be documented in the alien’s file and must be substantial and probative.” Id. at 167. “[T]he degree of proof required for a finding of marriage fraud sufficient to support the denial of a visa petition under section 204(c) of the Act [is] higher than a preponderance of the evidence and closer to clear and convincing evidence.” Matter of P. Singh, 27 I&N Dec. 598, 607 (BIA 2019). Thus, “to be ‘substantial and probative,’ the evidence must establish that it is more than probably true that the marriage is fraudulent.” Id. “The application of the ‘substantial and probative evidence’ standard requires the examination of all of the relevant evidence and a determination as to whether such evidence, when viewed in its totality, establishes, with sufficient probability, that the marriage is fraudulent.” Id. In response to the Notice of Intent to Deny, the petitioner submitted a psychological report in support of her assertion that the beneficiary has memory problems, which she claims explain the discrepancies in his answers about his prior marriage. The Director provided reasons for discounting the psychological report. However, even crediting this evidence, the Director identified conduct of the couple after the marriage that, unrelated to any memory issues, indicates their subjective state of mind when they married. In particular, he concluded that the Summary of Findings detailing the September 21, 2012, site visit to the claimed marital residence establishes fraud. See id. at 609 (“Detailed reports from on-site visits and field investigations are especially important pieces of evidence that may reveal the presence of fraud.”). The Summary of Findings describes significant discrepancies in the accounts given by the beneficiary and his first wife regarding (1) whether and for how long the couple lived at the claimed marital residence; (2) their places and type of employment (and whether they, in fact, worked at the same store owned by the beneficiary’s father); and (3) the former wife’s living arrangements in Salem and the reasons why the beneficiary paid rent for her apartment there. Additionally, the record contains documentation of contradictions that arose during the beneficiary’s two visa interviews regarding how, when, and where he met his first wife, as well as how their relationship progressed to marriage. The petitioner submitted no new documentary evidence showing a joint life between the beneficiary and his first wife, apart from affidavits from the petitioner, the beneficiary, and the pastor who conducted the beneficiary’s ​first wedding ceremony. Affidavits of this nature, alone, “will generally not be sufficient to overcome evidence of marriage fraud in the record without objective documentary evidence to corroborate the assertions made by the affiants.” Id. The Director correctly conducted an independent determination based on the facts available when the petitioner filed the current visa petition. See Matter of Tawfik, 20 I&N Dec. at 168–69. In doing so, the Director permissibly relied on “relevant evidence, including evidence having its origin in prior [visa petition] proceedings involving the beneficiary.” Id. at 168. We conclude that the Director properly conducted an independent analysis of section 204(c)’s applicability in adjudicating the petitioner’s visa petition. In so doing, he did not erroneously equate the beneficiary’s first wife’s failure to prove the bona fides of their marriage with the beneficiary’s intent in entering into that marriage. III. CONCLUSION The fact that the visa petition filed by the beneficiary’s first wife was denied for failure to establish a bona fide marriage does not preclude the Director from denying the petitioner’s visa petition under section 204(c) of the Act. Moreover, having reviewed all the relevant evidence in its totality, we uphold the Director’s finding that there is substantial and probative evidence in the record that the beneficiary’s prior marriage was fraudulent and entered into for the purpose of evading the immigration laws. See Matter of P. Singh, 27 I&N Dec. at 607; Matter of Tawfik, 20 I&N Dec. at 167. We further conclude that the petitioner did not rebut this evidence when given the opportunity to do so. We therefore affirm the denial of the petitioner’s visa petition pursuant to section 204(c) of the Act."

​See text of the decision here.

​Since 2004, we specialize in VAWA self-petitions, Petition I-360, which can be used by an abused spouse of any gender (wife or a husband), a child or a parent of an abusive US citizen or permanent resident.

Our clients often ask us about VAWA approval rate.

Here is the data for 2018:

• VAWA self-petition by a spouse: 75% approval rate (25% denial rate)
• VAWA self-petition by a child: 35% approval rate (65% denial rate)
• VAWA self-petition by a parent: 27% approval rate (73% denial rate)

The petition is submitted on USCIS Form I-360 to Vermont Service Center. 
Current processing times are 16-21 months.

To schedule a consultation with an attorney, please email at [email protected] We speak English and Russian.

Briefly in Russian:

С 2004 года мы специализируемся в петициях на грин карту от жертв домашнего насилия, ВАВА петициях.

Очень часто наши клиенты спрашивают о статистике по делам ВАВА.

По официальной статистике от USCIS за 2018 год, они утвержлают 75% петиций для жен/мужей, 35 петиций для детей, и только 27% для родителей (жертв внутрисемейного насилия).

Время рассмотрения этой петиции от 16 до 21 месяца. Только один отдел в Вермонте занимается этими петициями. 

Для того чтобы связяться с адвокатом и получить юридическую консультацию по вашему делу, пишите нам на [email protected]

The State Department will begin accepting online registrations for the Fiscal Year (FY) 2022 Diversity Visa (DV) lottery starting Wednesday, October 7, 2020 at noon EDT. Foreign nationals who wish to enter the lottery have until Tuesday, November 10, 2020 at noon EST to file online.

You can see the detailed DV Lottery 2022 instructions here.
The lottery site is here.

• Applicants from countries with high rates of U.S. immigration are not eligible to register.
  • This year, those born in the following countries are ineligible: Bangladesh, Brazil, Canada, China (including Hong Kong SAR), Colombia, Dominican Republic, El Salvador, Guatemala, Haiti, Honduras, India, Jamaica, Mexico, Nigeria, Pakistan, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam.
  • People born in Macau SAR and Taiwan can participate.
  • Those who cannot register because their country of birth is excluded may be able to qualify through a spouse who was born in an eligible country or, in certain circumstances, through a parent’s country of birth.
• Please note that the entrants must have a high school education (or equivalent) or at least two years of qualifying work experience.

• Entrants must submit an online form and a digital photo through the official DV lottery website. DV lottery applicants may include a spouse (same-sex or opposite-sex) and children in their entry.
• Only one entry is permitted per person. If there are multiple registrations on behalf of one person, all of them are disqualified.
• Applicants must carefully follow the State Department’s official lottery instructions. Lottery entries and digital photos that do not precisely conform to the instructions will be disqualified.
• For FY 2022, the principal applicant must enter information from his or her valid international travel passport unless the applicant is stateless, a national of a Communist-controlled country and unable to obtain a passport from the government of the Communist-controlled country, or the beneficiary of an individual waiver approved by the Secretary of Homeland Security and the Secretary of State.
• Once the application is accepted, applicants will receive a confirmation number, which can be used to check the status of their application.

The State Department chooses lottery winners by random computer selection. Results will be published starting May 8, 2021 through September 30, 2022, on the official DV lottery entry status website.
Foreign nationals can learn whether they were selected only by visiting the official DV website and entering their confirmation number. The State Department does not notify entrants by letter, e-mail, fax or telephone. The official website is the only legitimate source of lottery results.


DV lottery fraud is very common:

• Look out for deceptive lottery websites. The only authorized DV lottery website is located on the State Department website. The State Department does not use or authorize any outside individual or company to accept lottery applications or operate the lottery. There are many websites posing as official government sites or claiming to have State Department authorization. These sites should be avoided.
• The State Department does not charge a fee for lottery registrations. A website, individual, or company claiming there is a government fee to enter the lottery is fraudulent.
• If lottery assistance is needed, seek competent advice form an attorney or a lawyer. Applicants may use a lawyer or other representative to prepare a lottery registration, but they should be wary of commercial websites that claim to register applicants outside of the registration period or purport to be authorized by the State Department to accept registrations for a fee.
• Beware of lottery e-mails, letters or faxes that claim to be from the State Department. The State Department does not send e-mails, letters or faxes about the DV lottery. The official website is the only legitimate source of information about lottery results and the only place to submit a lottery registration.
• Don't send money or personal information to questionable individuals or companies.

On September 29, 2020, the court enjoined the October 2nd 2020 USCIS new fee increase rule, in its entirety, effective immediately.

The schedule of the existing USCIS filing fees remains in place on and after October 2, 2020!

As long as this preliminary injunction is in place, USCIS can’t raise the fees. USCIS will try to obtain a stay of the injunction from the 9th Circuit Court of Appeals, and there’s no telling how long that will take or what the outcome will be.

Read more here

​The court decision is here

​USCIS had clarified that the old editions of the forms and applicants remain in place. All forms updates are published here.

Public Charge Update: On Sept. 11, 2020, the U.S. Court of Appeals for the Second Circuit issued a decision that allows DHS to resume implementing the Public Charge Ground of Inadmissibility final rule nationwide.

The court decision stays the July 29, 2020, injunction, issued during the coronavirus (COVID-19) pandemic, that prevented DHS from enforcing the public charge final rule during a national health emergency.

USCIS will apply the public charge final rule and related guidance in the USCIS Policy Manual, Volumes 2, 8 and 12, to all applications and petitions postmarked (or submitted electronically) on or after February 24, 2020. USCIS will use the date on the courier receipt as the postmark date.

It means that the Form I-944, Declaration of Self-Sufficiency was reinstated. The form is currently available online.

If the I-944 wasn't submitted during the period of injunction between 06/29/2020 to 09/11/2020, it will be required by USCIS.


https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge

USCIS is going to stay open! On Tuesday, August 25, 2020, U.S. Citizenship and Immigration Services (USCIS) announced it would abandon plans to furlough more than 13,000 employees next week, temporarily averting a scenario that would have crippled the processing of applications for green cards, work permits, U.S. citizenship and other immigration benefits.
In a message to employees, Deputy USCIS Director for Policy said the agency was able to avoid furloughing nearly 13,000 or 73% of its workforce because its financial situation has "improved somewhat" since the spring, when the coronavirus pandemic fueled an unprecedented drop in applications. Unlike most other federal agencies, USCIS is largely funded through the fees it charges.
Though applications have increased in recent weeks, the agency is still projecting a budget shortfall heading into fiscal year 2021, which starts in October, and continue to require financial assistance from Congress.

USCIS is going to stay open!

We continue to prepare and file new petitions and applications with USCIS and process cases through the National Visa Center (NVC).. 

Briefly in-Russian:

25 августа 2020 было объявлено, что USCIS не будет временно увольнять 13 000 или 73% всех сотрудников, что планировалось из-за нехватки денег. Таким образом, USCIS остается открытым и не предвидится новых задержек в рассмотрения дел и заявлений.

USCIS Service Centers остаются открыты и новые дела принимаются на рассмотрение.
Мы продолжаем готовить и подавать новые петиции и заявления в USCIS и ведем дела в Национальном Визовом Центре (NVC).

​The new USCIS fees will be effective on October 3, 2020. 

While the average of the fee increases is just over 20%, fees for some of the most common petitions and applications will increase significantly. The overall cost for most Adjustment of Status (AOS) application filings will nearly double. USCIS will no longer bundle the AOS filing fee with the Employment Authorization Document (EAD) and Advance Parole (AP)/Travel Document filing fees. As a result, instead of a filing fee of $1,225 for all three applications as a bundle, the fees for an initial filing of an AOS, plus EAD and AP filing fees, will total $2,270 (an increase of just over 85%).

Filing Fee Changes
Below are the filing fee changes for petitions and applications. The full list of fee changes can be found in the Final Rule, starting on Page 13.
Immigration Benefit Request
Current Fee
Final Fee
Change ($)
Change (%)

I-90 Application to Replace Permanent Resident Card
$455
$415
($40)
-9 percent

I-130 Petition for Alien Relative
$535
$560
$25
5 percent

I-131 Application for Travel Document
$575
$590
$15
3 percent

I-485 Application for Adjustment of Status
$1,140
$1,130
($10)
-1 percent*

I-539 Application to Extend/Change Nonimmigrant Status
$370
$400
$30
8 percent

I-589 Application for Asylum / Withholding of Removal
$0
$50
$50
N/A

I-612 Application for Waiver of Foreign Residence Requirement
$930
$515
($415)
-45 percent

I-751 Petition to Remove Conditions on Residence
$595
$760
$165
28 percent

I-765 Application for Employment Authorization
$410
$550
$140
34 percent

N-400 Application for Naturalization
$640
$1,170
$530
83 percent

Biometric Fee
$85
$30
($55)
-65 percent

USCIS to Issue Revised Versions of Forms
In connection to this Final Rule, USCIS will publish revised versions of a number of common forms within 30 days, including Form I-129, Form I-131, Form I-765, Form I-589, Form I-600, and as mentioned above, Form I-912.