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.

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

 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...

  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 .