ALERT: USCIS Rescheduling Appointments – Response to the Coronavirus Disease 2019 (COVID-19)

ALERT: USCIS Rescheduling Appointments – Response to the Coronavirus Disease 2019 (COVID-19)

March 16, 2020 by no comments

USCIS Response to the Coronavirus Disease 2019 (COVID-19)

ALERT: Rescheduling Appointments Due to the Coronavirus (COVID-19)

If you become ill for any reason, regardless of whether you were exposed to COVID-19, please do not come to appointments with any USCIS office. Please follow the instructions on your appointment notice to reschedule your appointment or interview if you:

  • Have traveled internationally to any country outside the U.S. within 14 days of your appointment;
  • Believe that you may have been exposed to COVID-19 (even if you have not travelled internationally); or
  • Are experiencing flu-like symptoms (such as a runny nose, headache, cough, sore throat or fever).

Visit CoronaVirus.gov for a complete list of CDC travel health notices.

We will help you reschedule your appointment without penalty when you are healthy. See this page for more information: If You Feel Sick, Please Consider Canceling and Rescheduling Your USCIS Appointment.

Learn about the Department of Homeland Security’s response.

USCIS Resources

USCIS Office Closings

Appointments and Rescheduling

  • USCIS is taking temporary measures to continue our mission, while protecting the public and our employees. To ensure the health, safety, and wellbeing of our workforce, and in order to comply with local policies regarding COVID-19, USCIS may need to cancel and reschedule in-person appointments and oath ceremonies at field offices.
  • If your appointment or oath ceremony is cancelled, you will either receive an email or a mailed notice. If you don’t receive a new appointment notice in the next 90 days following a cancellation, please reach out to the USCIS Contact Center.
  • See our Field Offices page to confirm the status of your local field office.

Naturalization Oath Ceremonies

  • Attendance at oath ceremonies will be limited to candidates only to allow for social distancing.  An exception will be made for individuals requiring assistance or an interpreter.
  • The daily oath ceremony format will be modified and include only statutory requirements, yet will continue to honor the dignity of the occasion. Should a candidate wish to delay and participate in a full formal ceremony on a later date, the candidate should inform the interviewing officer.

If You Feel Sick, Please Consider Canceling and Rescheduling Your USCIS Appointment: Learn how to reschedule your appointment

  • If you become ill for any reason, regardless of exposure to COVID-19, please do not come to an appointment with any USCIS office.
  • If you are pregnant, over 60, immunocompromised or have a chronic health condition, and would like to request a reschedule, please follow the above instructions.
  • To reschedule InfoPass appointments, call the USCIS Contact Center at 800-375-5283. For people who are deaf, hard of hearing, or have a speech disability call TTY 800-767-1833.
  • To reschedule any other appointment, please follow the instructions on your notice. You will be rescheduled without penalty.

Special Situations

  • Learn about measures to assist you in extreme situations on our Special Situations page.

What the U.S. Government is Doing

Last Reviewed/Updated:

Source: https://www.uscis.gov/about-us/uscis-response-coronavirus-disease-2019-covid-19

Astros Cheating Scandal: The Immigration Perspective

March 7, 2020 by no comments

The Houston Astros cheating scandal does not seem to be fading away; players from other teams and fans continue to bring up the scandal during the pre-season.  The scandal is more than merely a stain on the integrity of the game; it could impact the ability of players to remain in the United States.

There has been some talk that the cheating by the Astros during the 2017 World Series could rise to the level of criminal activity; some have dismissed such an idea – but an examination of Texas law is revealing.

Looking at the information that has come out of the Commissioner’s investigation, a case could easily be made that violations of Texas Penal Code section 32.44 Rigging Publicly Exhibited Contestor section 32.42 Deceptive Business Practices were made.  Both crimes are misdemeanors in Chapter 32 of the Penal Code – the chapter where one finds offenses of fraud.

Reports are that the communications regarding the pitches were sent to the batters either by banging a trash can or by a small vibrating device secreted under the player’s clothing.  Either way, the method of communication could fall under the definition of a “criminal instrument” under Texas Penal Code 16.01a(2) Unlawful Use of Criminal Instrument.  A player with knowledge of and with the intent to use a criminal instrument in the commission of an offense, who installs or sets up the instrument or device is guilty of a state jail felony.  Once a felony is involved, given the number of players and coaches implicated, then Texas Penal Code section 15.02 Criminal Conspiracy is implicated.

With the possibility that actual crimes were committed, the actions of the players and coaches cannot be swept aside as merely cheating at a game.  Fans and other teams have a right to their outrage for many reasons.  Characterizing the actions of the Astros as actual crimes has a special meaning for those involved who are not citizens of the United States; being involved in criminal activity can be a one-way ticket back to their country of origin.

For the approximately 25% of MLB players born outside the United States, cheating could impact their ability to remain in the U.S. and play baseball.  Some players may be here on a visa, and some may have a “green card” – that is, they are legal residents.  But unless they have naturalized, they are still non-citizens and the impact of criminal activity cannot be minimalized; non-citizens have been processed for deportation for crimes as small as littering and traffic tickets.  Felonies and crimes involving fraud have a large impact on a non-citizen’s ability to remain in the U.S.

The Astros have players born in Cuba and the Dominican Republic; they also have Jose Altuve, who was born in Venezuela.  Other MLB players who were born in Venezuela are Elvis Andrus from the Texas Rangers and Asdrúbal Cabrera from the 2019 World Series winning Washington Nationals.  What separates the three players is that in 2019, Andrus and Cabrera became naturalized U.S. citizens, and therefore they are not subject to the laws regarding non-citizens.

We all want to enjoy baseball without scandal or controversy.  The players who are not citizens of the United States should be aware that their celebrity will not protect them if they run afoul of “crimmigration” laws.  Like everyone else, they should obey the law and if they want to join a realteam, they should become a naturalized U.S. citizen.

March 7, 2020

Jeanne Morales – Immigration Attorney

The Department of Justice Creates Section Dedicated to Denaturalization Cases

February 27, 2020 by no comments

Department of Justice
Office of Public Affairs

FOR IMMEDIATE RELEASE
Wednesday, February 26, 2020

The Civil Division’s Denaturalization Section Will Investigate and Litigate the Denaturalization of Terrorists, War Criminals, Sex Offenders, and Other Fraudsters

The Department of Justice today announced the creation of a section dedicated to investigating and litigating revocation of naturalization.  The Denaturalization Section will join the existing sections within the Civil Division’s Office of Immigration Litigation—the District Court Section and the Appellate Section.  This move underscores the Department’s commitment to bring justice to terrorists, war criminals, sex offenders, and other fraudsters who illegally obtained naturalization.

While the Office of Immigration Litigation already has achieved great success in the denaturalization cases it has brought, winning 95 percent of the time, the growing number of referrals anticipated from law enforcement agencies motivated the creation of a standalone section dedicated to this important work.

“When a terrorist or sex offender becomes a U.S. citizen under false pretenses, it is an affront to our system—and it is especially offensive to those who fall victim to these criminals,” said Assistant Attorney General Jody Hunt.  “The Denaturalization Section will further the Department’s efforts to pursue those who unlawfully obtained citizenship status and ensure that they are held accountable for their fraudulent conduct.”

Denaturalization cases require the government to show that a defendant’s naturalization was “illegally procured” or “procured by concealment of a material fact or by willful misrepresentation . . . .”  8 U.S.C. § 1451.  Civil denaturalization cases have no statute of limitations, and the Department has successfully denaturalized numerous categories of individuals who have illegally obtained citizenship, including terrorists and other national security threats, war criminals, human rights violators, sex offenders, and other fraudsters.

National Security/Terrorism

  • U.S. v. al Dahab, No. 15-cv-5414 (D.D.C.).  Successful civil denaturalization of individual convicted of terrorism offenses in Egypt who admitted recruiting for al Qaeda within the United States and running a communications hub in California for the Egyptian Islamic Jihad terrorist organization.  The defendant was denaturalized while in Egypt, stripped of his passport, and prevented from returning to the United States.
  • U.S. v. Kariye, No. 15-cv-1343 (D. Or.).  Successful civil denaturalization of individual who received military training in a jihadist training camp in Afghanistan; coordinated with Osama bin Laden and other known terrorist leaders; and was associated with terrorist organizations including Makhtab Al-Khidamat, a U.S. government-designated terrorist organization and pre-cursor to al Qaeda.  The Office of Immigration Litigation coordinated a settlement that facilitated the defendant’s self-deportation to Somaliland despite his presence on No Fly List.
  • U.S. v. Hamed, No. 2:18-cv-0424 (W.D. Mo.).  Successful civil denaturalization of an individual convicted of conspiring to illegally transfer more than $1 million to Iraq in violation of federal sanctions and of obstructing internal revenue laws with respect to tax-exempt charities.  In furtherance of those crimes, the defendant regularly authorized and transferred tax-exempt funds from a non-profit organization’s accounts in the United States to an account in Jordan controlled by a Specially Designated Global Terrorist.

War Crimes & Human Rights Violators

  • U.S. v. Dzeko, No. 18-cv-759 (D.D.C.).  Successful civil denaturalization of an individual who was convicted in Bosnia of executing eight unarmed civilians and POWs during the Balkans conflict.  Defendant was denaturalized while incarcerated in a Bosnian prison, and thereby prevented from returning to the United States upon his release.
  • U.S. v. Yetisen, No. 18-cv-570 (D. Or.).  Successful civil denaturalization of an individual who pled guilty in Bosnia of executing six unarmed civilians and POWs during the Balkans conflict.

Sex Offenders

  • U.S. v. Omopariola (N.D. Tex.). Successful civil denaturalization of an individual engaged in sexual contact with a 7-year-old family member.
  • U.S. v. Lopez, No. 18-cv-00527 (D. Md.).  Successful civil denaturalization of an individual who sexually abused a minor victim for multiple years.
  • U.S. v. Arizmendi, No. 4:15-cv-454 (S.D. Tex.).  Successful civil denaturalization of an individual convicted of multiple sex offenses, including as to students.  The defendant was denaturalized while incarcerated in a Mexican prison related to a sex offense, and thereby prevented from returning to the United States upon his release.

Fraudsters & Other Criminals

  • U.S. v. Mondino, No. 18-cv-21840 (S.D. Fla.).  Successful civil denaturalization of an individual convicted of conspiring to defraud the U.S. Export-Import Bank of more than $24 million, resulting in more than $12 million in unrecovered losses. Because of the denaturalization proceedings, the defendant self-deported.
  • U.S. v. Warsame cases, Nos. 17-cv-5023, -5024, -5025, -5027 (D. Minn.).  Successful civil denaturalizations of four individuals who fraudulently claimed to be a family to gain admission to the United States through the Diversity Immigrant Visa Program.
Press Release Number:  20-231
Updated February 27, 2020

The new Public Charge rule goes into effect

February 24, 2020 by no comments

By Jeanne Morales Attorney

The new Public Charge rule goes into effect on February 24, 2020. It will affect people applying for permanent residence (green card) and for those who are already permanent residents who are re-entering the United States after travel. It could also affect those traveling on visas.

The Public Charge rule will deny persons who have used certain public benefits (like food stamps) as well as persons who “may” become a “public charge”. The officers making the decisions will be able to take into account the income, credit history, lack of private health insurance, age, the number of children that someone has, health, education, and work skills to determine if an individual is too high a risk to allow into the United States.

When someone applies for permanent residence, they will be required to submit an extra 18 page form with information about their financial situation. The form is Form I-944, and although USCIS does not charge a fee to file the form, attorneys will be charging to prepare the form. The form requires a lot of information and is quite complex; it is not recommended that someone try to prepare it without an attorney.

Some analysts are predicting that the Public Charge rule will result in a denial of half of all applications for permanent residence.

Here’s What You Need to Know About the H-1B Registration Process

February 21, 2020 by no comments

USCIS is implementing a new electronic H-1B registration process for the FY 2021 H-1B cap. Employers seeking to file H-1B cap-subject petitions, including for beneficiaries eligible for the advanced degree exemption, must first create an online account and then electronically register and pay the associated $10 non-refundable H-1B registration fee for each beneficiary.

USCIS will open the initial registration period for the FY 2021 cap at noon ET on March 1, 2020. The initial registration period will remain open through noon ET on March 20, 2020. Registrants and representatives may create accounts beginning Feb. 24 and register throughout the initial registration period; selections will take place after the initial registration period closes, so there is no requirement to register on March 1.

H-1B Electronic Registration Process

On Dec. 6, 2019, we announced that we would implement the electronic registration process for the fiscal year 2021 (FY 2021) H-1B cap. Prospective petitioners seeking to file H-1B cap-subject petitions for the FY 2021 cap, including for beneficiaries eligible for the advanced degree exemption, must first electronically register and then pay the associated $10 H-1B registration fee for each beneficiary.

The electronic registration process will dramatically streamline processing by reducing paperwork and data exchange, and will provide overall cost savings to employers seeking to file H-1B cap-subject petitions.

Under this new process,  prospective petitioners (also known as registrants), and their authorized representatives, who are seeking authorization to employ H-1B workers subject to the cap, will complete a registration process that requires only basic information about the prospective petitioner and each requested worker. We will open an initial registration period for the FY 2021 cap at noon ET on March 1, 2020. The initial registration period will remain open through noon ET on March 20, 2020. The H-1B random selection process, if needed, will then be run on properly submitted electronic registrations. Only those with selected registrations will be eligible to file H-1B cap-subject petitions.

Prospective petitioners and their representatives may create accounts beginning Feb. 24 and register throughout this period; selections will take place after the initial registration period closes, so there is no requirement to register on March 1.

For more information about the H-1B program, visit our H-1B Specialty Occupations webpage.

How to Register

In order to submit an H-1B registration, you must first create a USCIS online account.

Prospective petitioners (also known as registrants) will use a new “registrant” account that will be available beginning Feb. 24.

Representatives can create an account at any time before the end of the registration period, because they will use the same kind of account already available to representatives.

The initial registration period for H-1B registrations will open at noon on March 1 and run through noon on March 20.

Both representatives and registrants must wait until March 1 to create and complete H-1B registrations.

Required Fees

$10 for each beneficiary.

Registrants and representatives are required to pay the $10 non-refundable H-1B registration fee for each beneficiary before being eligible to submit a registration for that beneficiary for the FY 2021 H-1B cap.

Important Dates

H-1B Registration Process Timeline

Feb. 24: Prospective petitioners may begin creating H-1B registrant accounts (account creation will remain open throughout the entire registration period). Representatives may create an account at any time.

March 1: H-1B registration period opens at noon ET.

March 20: H-1B registration period closes at noon ET.

March 31: Date by which USCIS intends to notify selected registrants.

April 1: The earliest date that FY 2021 H-1B cap-subject petitions may be filed.

Registration Selection Notifications

USCIS intends to notify registrants and their representatives with selected registrations via their USCIS online accounts no later than March 31, 2020.

A registrant’s USCIS online account will show one of the four following statuses for each registration:

  • Submitted: A registration status may continue to show “Submitted” after the initial selection process has been completed. “Submitted” registrations will remain in consideration for selection until the end of the fiscal year, at which point all registration statuses will be Selected, Not Selected or Denied.
  • Selected: Selected to file an FY 2021 H-1B cap-subject petition.
  • Not Selected: Not selected for this fiscal year.
    • Please note that a registration will not reflect a status of Not Selected until the conclusion of the fiscal year. In the event that USCIS determines that it needs to increase the number of registrations projected to meet the H-1B regular cap or the advanced degree exemption allocation, USCIS will select from registrations held in reserve to meet the H-1B regular cap or advanced degree exemption allocation.
  • Denied: The same registrant or representative submitted more than one registration on the beneficiary’s behalf for the same fiscal year. All registrations the registrant or representative submitted on behalf of the same beneficiary for the same fiscal year are invalid.

H-1B cap-subject beneficiaries, including those eligible for the advanced degree exemption, must have a “Selected” registration notification in order for a registrant or representative to properly file an H-1B cap-subject petition for FY 2021. Registrants and representatives will not be notified until the end of the fiscal year if they are not selected. The status of registrations not selected as part of any initial random selection process and not denied will remain as “Submitted.”

Last Reviewed/Updated:

USCIS Updates Process for Accepting Petitions for Relatives Abroad

January 31, 2020 by no comments

USCIS Updates Process for Accepting Petitions for Relatives Abroad

Release Date: Jan. 31, 2020
WASHINGTON — U.S. Citizenship and Immigration Services today announced that, as part of the adjustment of its international footprint to increase efficiencies, Form I-130, Petition for Alien Relative, will only be processed domestically by USCIS or internationally by the Department of State in certain circumstances beginning Feb 1, 2020.

DOS will assume responsibility for certain services previously provided at USCIS international offices, services that DOS already provide in countries where USCIS does not have a presence. Eligible active-duty service members assigned overseas will file their Form I-130 locally with DOS, as will certain non-military petitioners who meet specific criteria for consular processing.

“USCIS continues to modernize and become more efficient as an agency,” said USCIS Deputy Director Mark Koumans. “Since the Department of State has a much larger international presence, we have delegated authority to our State partners to accept and adjudicate petitions for immediate relatives abroad in certain circumstances. USCIS continues to expand online filing options, which are available to those filing domestically or those filing from abroad, saving applicants and petitioners time and money.”

Generally, DOS will process Form I-130 locally if the petition falls under blanket authorization criteria, as defined by USCIS:

Temporary blanket authorizations for instances of prolonged or severe civil strife or a natural disaster; or

Blanket authorization for U.S. service members assigned to military bases abroad.

In addition to these blanket authorizations, DOS maintains the discretion to accept Form I-130 if a U.S. citizen petitioner meets the “exceptional circumstance” criteria as outlined in the Policy Manual update.

All other petitioners residing overseas must file Form I-130 online or by mail through the USCIS Dallas Lockbox facility for domestic processing.

For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter (@uscis), Instagram (/uscis), YouTube (/uscis), Facebook (/uscis), and LinkedIn (/uscis).

Last Reviewed/Updated: 01/31/2020

Source: https://www.uscis.gov/news/news-releases/uscis-updates-process-accepting-petitions-relatives-abroad

USCIS Implements Two Decisions from the Attorney General on Good Moral Character Determinations

December 11, 2019 by no comments

USCIS Implements Two Decisions from the Attorney General on Good Moral Character Determinations
Release Date:

WASHINGTON—U.S. Citizenship and Immigration Services today announced new policy guidance (PDF, 404 KB)implementing two decisions from the attorney general regarding how two or more DUI convictions affect good moral character (GMC) requirements and how post-sentencing changes to criminal sentences affect convictions and sentences for immigration purposes.

On Oct. 25, the attorney general decided in Matter of Castillo-Perez  that two or more DUI convictions during the statutory period could affect an applicant’s good moral character determination. When applying for an immigration benefit for which GMC is required, applicants with two or more DUI convictions may be able to overcome this presumption by presenting evidence that they had good moral character even during the period within which they committed the DUI offenses. The term DUI includes all state and federal impaired-driving offenses, including driving while intoxicated, operating under the influence, and other offenses that make it unlawful for an individual to operate a motor vehicle while impaired.

Also on Oct. 25, the attorney general decided in Matter of Thomas and Thompson that the definition of “term of imprisonment or a sentence” generally refers to an alien’s original criminal sentence, without regard to post-sentencing changes. Post-sentencing orders that change a criminal alien’s original sentence will only be relevant for immigration purposes if they are based on a procedural or substantive defect in the underlying criminal proceeding.

“In response to two decisions from the attorney general, USCIS has updated policy guidance on establishing good moral character for immigration purposes,” said USCIS Deputy Director Mark Koumans. “As the attorney general directed, this guidance enhances public safety by ensuring that USCIS adjudicators consider driving under the influence convictions with the appropriate standard of scrutiny.”

Under U.S. immigration law, there are consequences for criminal convictions and sentences that could render applicants inadmissible, deportable, or ineligible for an immigration benefit. Also, certain immigration benefits require an applicant to demonstrate that an alien has GMC to be eligible for the benefit. For example, naturalization applicants must demonstrate GMC. To find more information about this update, view the USCIS Policy Manual.

For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter (@uscis), Instagram (/uscis), YouTube (/uscis), Facebook (/uscis), and LinkedIn (/uscis).

Source: USCIS Implements Two Decisions from the Attorney General on Good Moral Character Determinations

Last Reviewed/Updated: 12/10/2019

USCIS to Deter Frivolous or Fraudulent Asylum Seekers from Obtaining Work Authorizations

November 13, 2019 by no comments

Release Date:

WASHINGTON—U.S. Citizenship and Immigration Services today announced a proposed rule to deter aliens from illegally entering the United States and from filing frivolous, fraudulent or otherwise non-meritorious asylum applications in order to obtain employment authorization.

The proposed rule will better allow USCIS to extend protections to those with bona fide asylum claims. USCIS also seeks to prevent certain criminal aliens from obtaining work authorization before the merits of their asylum application are adjudicated.

The proposed rule stems from the April 29, 2019, Presidential Memorandum on Additional Measures to Enhance Border Security and Restore Integrity to Our Immigration System, which emphasizes that it is the policy of the United States to manage humanitarian immigration programs in a safe, orderly manner and to promptly deny benefits to those who do not qualify. Nothing in this rule changes eligibility requirements for asylum. Instead, this rule strengthens the standards that allow an alien to work on the basis of a pending asylum application.

“Our immigration system is in crisis. Illegal aliens are gaming our asylum system for economic opportunity, which undermines the integrity of our immigration system and delays relief for legitimate asylum seekers in need of humanitarian protection,” said Acting Director Ken Cuccinelli. “USCIS must take steps to address pull factors encouraging aliens to illegally enter the United States and exploit our asylum framework. These proposed reforms are designed to restore integrity to the asylum system and lessen the incentive to file an asylum application for the primary purpose of obtaining work authorization.”

As directed by the presidential memorandum, USCIS proposes to:

  • Prevent aliens who entered the United States illegally from obtaining work authorization based on a pending asylum application, with limited exceptions; and
  • Automatically terminate employment authorization when an applicant’s asylum denial is administratively final.

Additionally, USCIS proposes to:

  • Clarify that an asylum applicant’s failure to appear for a required appointment may lead to dismissal of their asylum application and/or denial of their application for employment authorization;
  • Prevent aliens who fail to file their asylum application within one year of their latest entry as required by law from obtaining work authorization; and
  • Render any alien who has been convicted in the United States of any federal or state felony, or convicted of certain public safety offenses involving child abuse, domestic violence, or driving under the influence of drugs or alcohol, ineligible for employment authorization.

Unresolved arrests or pending charges may result in the denial of the application for employment authorization as a matter of discretion.

For more information, read the notice of proposed rulemaking that publishes in the Federal Register on Nov. 14. The comment period ends on Jan. 13, 2020.

For more information on USCIS and our programs, please visit uscis.gov or follow us on Twitter (@uscis), Instagram (/uscis), YouTube (/uscis), Facebook (/uscis), and LinkedIn (/uscis).

Last Reviewed/Updated:

USCIS Proposes to Adjust Fees to Meet Operational Needs

November 9, 2019 by no comments

Release Date:

WASHINGTON – The Department of Homeland Security will publish a notice of proposed rulemaking in the Federal Register to adjust the U.S. Citizenship and Immigration Services Immigration Examinations Fee Account fee schedule.

Fees collected and deposited into the IEFA fund nearly 96% of USCIS’ budget. Unlike most government agencies, USCIS is fee-funded. Federal law requires USCIS to conduct biennial fee reviews and recommend necessary fee adjustments to ensure recovery of the full cost of administering the nation’s immigration laws, adjudicating applications and petitions, and providing the necessary infrastructure to support those activities.

“USCIS is required to examine incoming and outgoing expenditures, just like a business, and make adjustments based on that analysis. This proposed adjustment in fees would ensure more applicants cover the true cost of their applications and minimizes subsidies from an already over-extended system,” said Ken Cuccinelli, acting director of USCIS. “Furthermore, the adjudication of immigration applications and petitions requires in-depth screening, incurring costs that must be covered by the agency, and this proposal accounts for our operational needs and better aligns our fee schedule with the costs of processing each request.”

The rule proposes adjusting USCIS IEFA fee schedules by a weighted average increase of 21% to ensure full cost recovery. Current fees would leave the agency underfunded by approximately $1.3 billion per year.

The proposed fee rule accounts for increased costs to adjudicate immigration benefit requests, detect and deter immigration fraud, and thoroughly vet applicants, petitioners, and beneficiaries.

USCIS last updated its fee structure in FY 2017, by a weighted average increase of 21%.

For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter (@uscis), Instagram (/uscis), YouTube (/uscis), Facebook (/uscis), and LinkedIn (/uscis)

Last Reviewed/Updated:

Blueprint for Denial – The new I-944, Declaration of Self-Sufficiency

October 10, 2019 by no comments

By Jeanne Morales Attorney

The government has finally released the ADDITIONAL form that someone now needs when they apply for a green card.  The new I-944, Declaration of Self-Sufficiency, is a result of the new emphasis on rejecting immigrants who may become a “public charge”.  It is required for all persons seeking to become a permanent resident after October 15, 2019.

This new form is 18 pages (in addition to the 20 pages for the I-485, the application to become a permanent resident), and requires information and documents on everyone in your household – and anyone who is not in your household but is a dependent on your tax return or financially linked to you by court order (child support/alimony).  If you don’t have documents on the individual (like a birth certificate for your step-child), then you will have to have a signed statement from the person.

You will need tax returns from everyone in your household or financially linked to you.  Since someone is not issued a social security number until after they get a green card, you will need to have an Individual Taxpayer Identification Number (ITIN), and you will have to provide an explanation if you have not filed tax returns in the past.

You will need to list everything you and your household members own, and every debt owed.

You will need to disclose your credit score, and an explanation of any negative entries on your credit report.  You will have to disclose if you have filed bankruptcy.

You will need to disclose whether or not you have health insurance.

You will need to disclose public benefits that you are receiving or received in the past.

You will need to disclose your education level and any job skills.

This form will multiply the complexity of the process to get a green card, and will provide the government plenty of information on you and people in your household or who are financially linked to you.  Such information could be used to deny the green card for the applicant; given the volume of information, there very well may be other consequences for you or others in your household.

Since Congress has not acted to fix our immigration laws, the administration has found a way to run its agenda through the system.  The form I-944, Declaration of Self-Sufficiency is the blueprint for denial.