NY VISA LAWYER

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.

From Martindale-Hubbell April 17, 2023: Congratulations Joseph B. Caraccio, you've been awarded an impressive professional compliment...2023 Client Champion Silver! Martindale-Hubbell® has recognized you as a 2023 Client Champion Silver...what an accomplishment. Well Done! Your Client Champion rating is proof of excellent client reviews - the ultimate referral by those who matter the most...a tremendous endorsement by your clients. Hanging on your wall, placed on your desk, on display in your waiting area and on your letterhead it's sure to impress. Your awards set you apart from all the competition. They validate. They build confidence and trust. They grow your business! Put them on display now and show your customers just how good you are. See five star reviews from clients at Martindale-Hubbel 

 The United States Immigration and Customs Enforcement (ICE) agency has announced an online change-of-address form for noncitizens, giving them the option to update their information online in addition to the existing options of doing so by phone or in-person. On Friday April 13, 2023, during a press conference announcing this tool an ICE Spokesperson stated, “It will enable noncitizens to comply with their immigration obligations more easily and improve the accuracy of address information reported to ICE by utilizing address autofill to ensure US Postal Service standardization,”  The immigration enforcement agency said the new tool will be deployed in a rolling release, with full availability anticipated in the coming weeks. ICE deputy director and senior official performing the duties of the director Tae D Johnson stated the following: This is another critical innovation to improve compliance with immigration obligations and increase the efficiency of the proce...

Naturalization Test Redesign Friday, April 28, 2023 | 2-3 p.m. Eastern U.S. Citizenship and Immigration Services (USCIS) is holding a "national engagement" on Friday , April 28 , 2023 , from 2 - 3 p.m. Eastern , to allow people to, "learn more about the nationwide trial tests for the naturalization test redesign initiative." This is according to an email sent out by USCIS on April 11, 2023. 

New tool offers convenient, reliable option for noncitizens to update address information as they await immigration court proceedings. When fully live, the new tool may be used by any noncitizen to change their address with ICE online instead of calling the telephone line or going to a field office. To process an online change-of-address, the system requires a full name, A-number and validated non-commercial address. It takes approximately one minute to complete the form. All noncitizens in the United States, except A and G visa holders and visa waiver visitors, must also report a change of address to USCIS within 10 days of moving. Announced April 6, 2023 Learn more at the ICE website or read the ICE Press Release .

  New Process Allows Special Immigrant Juveniles to File Form I-360 in Person Before Their 21st Birthday

 As of March 30, 2023, there are new lockbox addresses for the following forms: I-130, Petition for Alien Relative ;  I-131, Application for Travel Document ; I-360, Petition for Amerasian, Widow(er), or Special Immigrant ; I-485, Application to Register Permanent Residence or Adjust Status ; and I-765, Application for Employment Authorization . The Phoenix Lockbox address has been updated too for FedEx, UPS, and DHL only (U.S. Postal Service remains the same).    See USCIS'  Lockbox Filing Locations Updates page for more information. This may affect you if you are filing any of the following: Family-based visa petition Marriage visa Advance Parole Employment Authorization (EAD) SIJS VAWA Petition Adjustment of Status (AOS) / Green Card Application

 USCIS issued a new form ( Form N-426 ) to be used for confirmation of military service for people currently serving in the U.S. armed forces and seek an immigration benefit in connection to their service. TWO CHANGES ANNOUNCED 1. New USCIS Form for applicants who have served in the U.S. armed forces. 2. Changes to questions on the Form N-400 , Application for Naturalization relating to service in the U.S. armed forces, effective March 23, 2023.  USCIS sent out an email and posted this update on the uscis.gov website stating: Effective immediately, U.S. Citizenship and Immigration Services (USCIS)  issued the new Form N-426 , Request for Certification of Military or Naval Service, and policy guidance in the USCIS Policy Manual stating that only applicants for naturalization under Section 328 or Section 329 of the Immigration and Nationality Act (INA) who are currently serving in the U.S. armed forces are required to file Form N-426 with their Form N-400 , Application f...

  Biden's Proposed Asylum Ban Will Deny Individuals the Meaningful Ability to Seek Protection The rule may even violate international law as the U.S. will be refusing to provide adequate protections to individuals that may be in serious danger of a persecution in their home country and are entitled to protections under  The United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment ("CAT"). The proposed rule that bans individuals from applying for asylum in the U.S. if they passed through Mexico on their way to the U.S. could have a significant impact on asylum seekers' ability to seek protection in the U.S. There are several ways in which this rule could deprive individuals of the meaningful ability to seek protection: It would limit access to the asylum process: By barring individuals who passed through Mexico from applying for asylum in the U.S., the rule would effectively close the door to the asylum process for many p...

USCIS Policy Manual updated to calculate CSPA age based on date of filing. Update Posted on the USCIS Website, February 14, 2023. USCIS issued updated guidance regarding when an immigrant visa number “becomes available” for the purpose of calculating a noncitizen’s age under the Child Status Protection Act (CSPA).  Prior to this, USCIS considered a child’s age “frozen” if a visa number was available under the Final Action Date Chart of the Visa Bulletin at the time the I-485 application was filed. If a visa number was not available under the Final Action Date Chart of the Visa Bulletin, they may still be eligible to file their application for adjustment of status (to obtain a green card)based on the Dates for Filing Chart of the Visa Bulletin. In that scenario, a noncitizen may file their application when the Dates for Filing Chart indicated but ultimately not be eligible because the Final Action Date Chart did not advance sufficiently Under the USCIS Policy Manual as updat...

USCIS sent out an email linking to their new page with this checklist. The USCIS.gov website states: Please do not submit this checklist with your Form I-485. It is an optional tool to use as you prepare your form, but does not replace statutory, regulatory, and form instruction requirements. We recommend that you review these requirements before completing and submitting your form. Do not send original documents unless specifically requested in the form instructions or applicable regulations. You may view the form instructions at uscis.gov/i-485 . If you submit any documents (copies or original documents, if requested) in a foreign language, you must include a full English translation along with a certification from the translator verifying that the translation is complete and accurate, and that they are competent to translate from the foreign language to English. There are three different checklists depending on the basis for which the applicant is filing their I-485 appl...

DHS Fact Sheet Implementation of the Credible Fear and Asylum Processing Interim Final Rule From DHS Website LINK , LINK On May 31, 2022, the Department of Homeland Security (DHS) and Department of Justice (DOJ) began implementing a rule to ensure that those subject to expedited removal who are eligible for asylum are granted relief quickly, and those who are not are promptly removed. Due to existing court backlogs, the process for hearing and deciding these asylum cases currently takes several years on average. By establishing a process for the efficient and thorough review of asylum claims, implementation of the rule will help reduce existing immigration court backlogs and will shorten the process to several months. Interim Final Rule The March 2022 interim final rule (IFR) titled “Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers” (sometimes referred to as the Asylum Officer Rule) authorize...

  U.S. Citizenship and Immigration Services (USCIS) sent out an email blast today letting everyone know that starting today they will be issuing newly designed Green Cards and Employment Authorization Cards with "state-of-the-art technology to safeguard national security and improve service for...customers." USCIS issued a press release January 30, 2023, regarding the newly designed cards. The new designs for these cards are meant to increase security and reduce fraud, presumably making them more difficult to counterfeit. Images of the new designs were posted by USCIS on their Instagram and Twitter pages. The new design for these cards include several new security features. These features are described to be state-of-the-art technologies to prevent fraud and counterfeiting. The new design features include: Improved detailed artwork; New tactile printing that is better integrated with the artwork; Enhanced optically variable ink; Highly secure holographic images on the fr...

  U.S. Citizenship and Immigration Services (USCIS) today announced that certain asylum applicants can now file  Form I-765, Application for Employment Authorization , online. This is an important step in USCIS’ efforts to employ technical solutions to streamline and improve processing efficiency and reduce wait times. Effective immediately, applicants for employment authorization under category (c)(8), Pending Asylum and Withholding of Removal Applicants and Applicants for Pending Asylum under the ABC Settlement Agreement, may file Form I-765 online .