Tag: Administration

Newest Presidential Proclamation

The White House Administration continues its assault on immigration to the US and immigrant communities already in the US. The latest Presidential Proclamation restricts issuance of visas to certain employment-based nonimmigrants.

The text of the proclamation is at https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-aliens-present-risk-u-s-labor-market-following-coronavirus-outbreak/.

The local chapter of the American Immigration Lawyers Association (AILA) provided the following summary of the order: AILANE-POTUS Proclamation 6-22-20-PressRelease

AILA National provided the following summary of the order:

“The Proclamation suspends the issuance of visas for those seeking entry pursuant to a(n):
• H-1B visa and any foreign national accompanying or following to join them;
• H-2B visa and any foreign national accompanying or following to join them;
• J visa, to the extent the foreign national is participating in an intern, trainee, teacher, camp
counselor, au pair, or summer work travel program, and any foreign national accompanying
or following to join them; and
• L visa, and any foreign national accompanying or following to join them.

The Proclamation will only apply to an individual identified above if they are:
• Outside the United States on the effective date of the Proclamation;
• Do not have a nonimmigrant visa that is valid on the effective date of the Proclamation;
and
AILA Doc. No. 20062291. (Posted 6/22/20)
• Do not have an official travel document other than a visa (such as a transportation letter,
boarding foil, or advance parole document), valid on the effective date of the Proclamation
or issued thereafter permitting the individual to be admitted to the United States.

Exemptions:
The Proclamation will not apply to the following individuals:
• lawful permanent residents;
• spouse or child of a U.S. citizen;
• any individual seeking entry to provide temporary labor essential to the U.S. food supply
chain;
• any individual whose entry would be in the national interest as determined by the Secretary
of State, the Secretary of Homeland Security, or their respective designees.

June 22 Presidential Proclamation

If you would like to set up a consultation to discuss your immigration situation, please contact Attorney Ellen Sullivan.

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I have a green card. Can I be a “public charge”?

The new public charge rules implemented by this Administration are causing extreme stress and confusion among immigrant communities and their advocates.

A question that frequently has arisen in my practice is whether a “green card” holder is subject to public charge rules. The answer is, generally, no. A green card holder with a ten-year green card or a two-year (conditional) green card is not subject to the public charge rules. This means that the green card holder’s income does not matter after s/he obtains her green card, and does not matter at the time the green card holder files Form I-751 to remove the conditions of the two-year card. Also, public benefits for which the green card holder is legally eligible will not affect her/his eligiblity to maintain the green card.

There are two important exceptions. First, if the green card holder did not disclose prior use of public benefits at the time of obtaining the green card and was required to disclose such benefits, those benefits could come back to bite the green card holder from the perspective of misrepresentation. That means that USCIS may allege that the green card holder lied to get the green card.

The second important exception is a green card holder who leaves the US for more than 180 days. Upon returning to the US, CBP (and USCIS) can inquire about the green card holder past use or future use of public benefits. See https://www.federalregister.gov/documents/2019/08/14/2019-17142/inadmissibility-on-public-charge-grounds, which states: “DHS notes that a person who is already a lawful permanent resident has already undergone a public charge inadmissibility determination, unless she or he was exempt from such a determination at the time of application for such status. Such a person would not undergo another public charge inadmissibility determination unless U.S. Customs and Border Protection (CBP) determines, upon the alien’s return from a trip abroad, that the returning lawful permanent resident is an applicant for admission based on one of the criteria set forth in section 101(a)(13)(C) of the Act, 8 U.S.C. 1101(a)(13)(C), such as the alien has been absent from the United States for more than 180 days. “