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Showing posts from May, 2023

Senate Passes Measure to Restore Trump-Era ‘Public Charge’ Rule

Senators voted 50-47 to overturn the rule , with two Democrats joining all of the chamber's Republicans. The Senate passed a measure Wednesday to cancel a Biden administration immigration rule that scaled back the number of benefits that would be counted against immigrants when applying for permanent residency in the United States.  According to the current rule, immigration officers would look at “the receipt of public cash assistance for income maintenance or long-term institutionalization at government expense” in an effort to evaluate if a person would become a “public charge” who is ineligible to become a permanent resident.

NOTICE TO APPEAR (NTA)

       A Notice to Appear (“NTA”) initiates removal proceedings by informing the immigrant respondent that they must appear in Immigration Court on a specific day to answer to a charge of removeability.      An NTA is issued as a standard DHS form, Form I-862. The statutory requirements of an NTA can be found at INA § 239 & 8 USC § 1229 as well as the regulatory requirements at 8 CFR §§ 1229 and 1239.1.      Every NTA should include the respondent’s identifying information,4 the nature of the proceedings, the charges of removability and supporting factual allegations, the date and place of removal proceedings, advisals of certain rights and responsibilities, and a certificate of service. The statute and regulations require DHS to include all this information in the NTA.      The NTA will specify the nature of the proceedings in a series of three check boxes under the Respondent’s name and address. The NTA will inform the individual if they are being charged as an “arriv

COVID-19 Vaccine Requirements (Updated May 12, 2023)

  As of May 12, 2023, the COVID-19 Vaccination Requirement has been updated. See below for details from the CDC. Top of Page COVID-19 Vaccination Requirement The applicant must receive one dose of the COVID-19 vaccine if a dose is due at the time of the exam according to current  CDC guidance . Now, like other vaccine requirements, additional doses are no longer required, and applicants do not have to postpone completion of the exam to complete the primary series of the COVID-19 vaccine. Applicants who have completed any approved* primary COVID-19 series prior to the exam require no additional COVID-19 doses for immigration. Those who have not should receive a bivalent vaccine according to current  CDC guidance . For applicants who have received one or more doses but have not completed the primary series and are not yet due for the next dose in the series at the time of the exam, use the “Insufficient time interval between doses” blanket waiver. As with other vaccinations, additional d