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IMMIGRATION UPDATE - SEPTEMBER 2020
Your monthly newsletter
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On September 22, 2020, Elizabeth had an essay featured in BizWomen, The Business Journals. Bizwomen is a news site for women business leaders, dedicated to helping them succeed in their careers and their businesses. See the excerpt below:
Dear Clients, Colleagues and Friends-
One thing is certain, life is uncertain. It is full of ups and downs and unexplainable struggles and tragedies. How do we get through the inexplicable and devastating lows intact and even happy? The key is finding Grace in adversity and in turn thriving no matter the circumstances. My definition of Grace is the letting go of a wrong that has been done or a past unexplained hardship or crisis. Grace is letting go of something negative and not questioning why it happened. Grace is not seeking the reason that bad things happen, but learning and growing as a result of the adversity and discovering how your newly gleaned wisdom will serve in your life.
Immigration practitioners and their clients have been fighting the full-on assault against immigrants every single day that President Trump has been in office. We are drowning and can only catch our breath and recover for just a moment after dealing with some crisis caused by rapidly changing immigration policies that appear overnight, only to be thrust back under the water immersed in another seemingly unreal action from the government. There have been days of deep despair. I have witnessed the government’s actions and treatment of our immigrant clients. I knew the current state of our immigration system was deteriorating. Everything seemed so difficult, unjust and unfair. However, I also knew that I would one day find my Grace in this adversity. Grace is on the way.
Immigration lawyers, including myself, have survived the current administration’s attack on immigrants and we are still standing, even thriving. We are sharing knowledge, collaborating, honing our skills, uniting for a cause, and becoming more creative and innovative. We have grown stronger as lawyers and become more zealous advocates for our clients. We have become warriors and protectors for our cause-America and its immigrant heritage. Thanks to Grace, it is second nature for me to look at something seemingly bad and find the good. I can even thank Donald J. Trump for forcing me to become a stronger lawyer and person.
Grace is everywhere. Grace has become a constant reminder of my strength and that good will surely come from bad. I now challenge you to seek out Grace in your life.
Expect Grace. Grace is on the way.
Warmly,
Elizabeth xo
Read the full article that was published in BizWomen
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BEST LAWYERS' RECOGNITION | |
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Garvish Immigration Law Group LLC is pleased to announce its inclusion in The Best Lawyers in America© 2021. Best Lawyers® is a prominent worldwide attorney ranking publication that annually recognizes outstanding lawyers in their respective field. The list is considered the most reliable source of legal referrals. Indeed, the list has been published for more than thirty years.
Garvish Immigration Law Group LLC is proudly celebrating Best Lawyers’ recognition as our attorneys supply over five decades of combined experience in immigration law proving their exceptional abilities when handling complex immigration matters. The firm works together to yield extraordinary results through creative strategies, teamwork and innovative approaches.
Visit Elizabeth Garvish's Best Lawyer's profile
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U.S. Federal Judge Halts Expected USCIS Fees Hike | |
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On September 29, 2020, U.S. District Judge, Jeffrey S. White, from the Northern District of California, enjoined the Department of Homeland Security (DHS), the United States Citizenship and Immigration Services (USCIS), and officials serving in both agencies “from implementing or enforcing the Final Rule or any portion thereof. ”Immigrant Legal Resource Center, et al., v. Chad F. Wolf, et al.
The new fee schedule was expected to exponentially increase USCIS fees on businesses, new citizens, and other foreigners seeking immigrant and nonimmigrant benefits in the U.S. Additionally, the Final Rule meant to lengthen the premium processing timeline to about three weeks instead of 15 calendar days, as it currently is. The rule was scheduled to go into effect on October 2, 2020. The new fees will not be implemented as the preliminary injunction granted by the federal judge is in effect nationwide.
Garvish Immigration Law Group will continue to monitor this closely. In the meantime, we will continue to file cases with the present fees until further notice.
Click here for more information
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Diversity Visa Lawsuit Win | |
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On September 4, 2020, the U.S. District Court for the District of Columbia issued a preliminary injunction preventing the Trump administration from denying immigrant visas to diversity winners. ‘Today’s ruling is an important victory in the fight to protect fundamental principles on which our Nation’s immigration system is based, including promoting diversity, creating fairness, and preventing Executive overreach in areas that Congress has already spoken,” said Nadia Dahab, Senior Litigation Attorney at Innovation Law Lab. “But our fight continues. This President cannot rewrite decades of Congressional judgments with the stroke of a pen, and he cannot continue to separate families to serve his xenophobic political agenda.”
The court ordered the administration to process all 2020 diversity visa applications before September 30, 2020.
This is a huge win for diversity visa applicants!
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Presidential Order Banning Entry of Travelers from the
Schengen Area, United Kingdom and Ireland
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On March 14, 2020, President Trump issued an order banning the entry of travelers who were physically present within any of the 26 European countries that are part of the Schengen Area, the United Kingdom or Ireland during the 14-day period preceding their entry into the United States. The stated reason for this travel ban is to limit the spread of Covid-19. The order identifies various groups of travelers who are not subject to this travel ban, such as U.S. citizens and permanent residents, as well as their spouses. Despite these exceptions, this ban has affected many individuals and businesses in the U.S., as family members and employees are prohibited from visiting the U.S. for now more than 6 months with no termination date having been specified. As a result, those affected are forced to seek a national interest exception to the proclamation, if they want to travel to the U.S. while the travel ban remains in effect. We are still learning about this request for an exception to the ban, as it is a new mechanism in a highly volatile immigration context and a global pandemic. In the alternative, various U.S. Embassies in Europe recommend that travelers subject to this ban travel to a third country not subject to the ban, wait 14 days, and then travel to the U.S.
Click here for more information
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Notice of Deficiency of Medical Exams
USCIS no longer issues courtesy notices to remind Adjustment applicants to obtain and submit their Medical Examination. Instead, they now issue Notices of Deficiency. While the new title may seem more intimidating, the purpose is the same – a reminder to applicants to provide their Medical Examination. We usually recommend that clients wait until their interview is scheduled before obtaining their Medical Exam. This avoids any issue of the Medical Exam expiring in the event of longer processing times.
Click here to read this new policy
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Telephonic Attorney Representation at USCIS Interviews
In June, USCIS resumed limited face-to-face services to the general public, including rescheduling of interviews for various applications. It enacted several precautions to limit the spread of Covid-19, including a health screening upon entry into the building. Further, USCIS now allows attorney representatives to participate in the interview telephonically. Elizabeth will have her first telephonic interview with a client who is scheduled for an interview in another state in October. We welcome this new policy, as it has the potential to increase our representation of clients during interviews at USCIS offices in other states, while also being safe during the pandemic!
Click here for more information
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Uncertainty Amidst the Public Charge Policy Changes
In last month’s newsletter, we discussed the ongoing changes with regard to the public charge rules that the Trump Administration instituted effective on February 24, 2020. Litigation in the federal court system blocked the implementation of the heightened public charge rules for a brief period during the summer. Then in August, a federal appeals court gave USCIS the green light to move forward with the new rule and its evidentiary requirements in 47 of the 50 states, and another decision in September held that USCIS could resume implementation nationwide. On September 22, 2020, USCIS announced that it is resuming implementation of the public charge rule changes and will reject any petition filed without the I-944, Affidavit of Self-Sufficiency, that is filed after October 13, 2020. Cases filed prior to that date without an I-944, Affidavit of Self-Sufficiency, will be issued a Request for Evidence.
Click here to read USCIS’s September 22, 2020 announcement
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USCIS Extends Flexibility to Responding to Agency Requests
Great news! USCIS has extended the Covid-19 response flexibility period to respond to Agency Requests issued through January 1, 2021!
USCIS will consider late responses to certain requests or notices issued between March 1, 2020 and January 1, 2021 (previously March 1, 2020 to September 11, 2020) as long as the response is received within 60 calendar days after the due date set forth in the request/notice. This extension applies to Requests for Evidence; Continuation to Request Evidence; Notices of Intent to Deny; Notices of Intent to Revoke; Notices of Intent to Rescind; Notices of Intent to Terminate; and Motions to Reopen an N-400 pursuant to 8 CFR 335.5. USCIS will also consider Notices of Appeal or Motion (Form I-290B) and Requests for a Hearing on a Decision in Naturalization Proceedings (Form N-336) under certain circumstances.
Click here to read more about it
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October 2020 Visa Bulletin
The October 2020 Visa Bulletin is now available. The employment-based “Dates for Filing” chart indicates that the third preference category priority dates for India and China have surpassed the second category priority dates for those two countries. Further, the employment-based third preference category for all other countries is now current.
Click here to read more about it
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Mindset and Motivation Minute | | | |
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The Immigration process is a journey...
Trust us as your guide.
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