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PDF Editor FAQ

At what point is an in-person interview waived currently for employment-based green card process?

Dear Quoran,I don’t know when you asked this question — but USCIS has just announced (on 8/28/2017) that it will be changing its interview process related to employment-based green cards.Effective Oct. 1, USCIS will begin to phase-in interviews for the following:• Adjustment of status applications based on employment (Form I-485, Application to Register Permanent Residence or Adjust Status).• Refugee/asylee relative petitions (Form I-730, Refugee/Asylee Relative Petition) for beneficiaries who are in the United States and are petitioning to join a principal asylee/refugee applicant.Previously, applicants in these categories did not require an in-person interview with USCIS officers in order for their application for permanent residency to be adjudicated.Beyond these categories, USCIS is planning an incremental expansion of interviews to other benefit types. “This change reflects the Administration’s commitment to upholding and strengthening the integrity of our nation’s immigration system,” said Acting USCIS Director James W. McCament. “USCIS and our federal partners are working collaboratively to develop more robust screening and vetting procedures for individuals seeking immigration benefits to reside in the United States.”Conducting in-person interviews will provide USCIS officers with the opportunity to verify the information provided in an individual’s application, to discover new information that may be relevant to the adjudication process, and to determine the credibility of the individual seeking permanent residence in the United States. USCIS will meet the additional interview requirement through enhancements in training and technology as well as transitions in some aspects of case management.Good luck!

What has been Trump's policy on legal immigration?

Thanks for the A2A, Habib!I’ve written some good things about Trump. Which is ironic, because in my day to day working life as an immigration lawyer, he is my nemesis.Photo by Jamelle Bouie/Flickr on What the Ancient Greeks would have to say about TrumpHe’s like the evil giant at the top of a great immigration law pyramid, who is directing all of the parts and workings against me.If I had to sum up his policy in one sentence, it would be this: to make legal immigration as much of a pain in the ass possible, within the existing legal framework.The actual immigration laws, which must be passed by Congress, haven’t changed.What has changed is the interpretation and execution of the existing laws. There is a lot of legal leeway and room for interpretation within immigration law.I could cite many examples of these frustrating changes in execution and interpretation. But I’ll just give two, because I think they are illustrative.In June and July of 2018, two USCIS memos were issued that, especially working in tandem with each other, could have a chilling effect on people applying for immigration benefits.The first was the Notice to Appear Policy Memorandum. A “Notice to Appear” is the document that people are served with when the government initiates removal proceedings against them. That means the government tries to remove them from the country.“Starting Oct. 1, 2018, USCIS may issue NTAs on denied status-impacting applications, including, Form I-485, Application to Register Permanent Residence or Adjust Status, and Form I-539, Application to Extend/Change Nonimmigrant Status.Starting Nov. 19, 2018, USCIS may also issue NTAs based on denials of Forms I-914/I-914A, Applications for T Nonimmigrant Status; I-918/I-918 Petitions for U Nonimmigrant Status; I-360 Petition for Amerasian, Widow(er), or Special Immigrant (Violence Against Women Act self-petitions and Special Immigrant Juvenile petitions); Form I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant; I-730 Refugee/Asylee Relative Petitions; and I-485 Applications to Register Permanent Residence or Adjustment of Status with these underlying form types.”For those not familiar with some of these visa types, T visas are for victims of human trafficking; U visas are for victims of certain typically violent crimes who cooperate with law enforcement, and Special Immigrant Juveniles are children who have had to be placed in the custody of the state or the courts.The previous policy was that when these applications were denied, they would only be issued an NTA or referred to ICE if there were indicators of fraud, significant criminal activity, or national security concerns.Today, if a victim of human trafficking, for example, is not in lawful status, and their case is denied for lack of sufficient evidence, USCIS may put them in removal proceedings.The second USCIS memo was issued the following month, in July of 2018. https://www.uscis.gov/sites/default/files/files/nativedocuments/USCIS_Policy_Update_on_Issuing_RFEs_and_NOIDs.pdfThis memo allows USCIS to issue denials instead of first issuing a Request For Evidence (RFE) to give people the chance to correct mistakes or provide additional items for their applications.One example that the memo gives is that a denial notice may be issued instead of an RFE when an Affidavit of Support is not submitted with an Adjustment of Status application.Before your eyes glaze over with boredom, think about how these two memos go together.If dealing with immigration agencies in the United States was simple and self-explanatory, I wouldn’t have a job. Everyone would do everything themselves.But not everyone can afford a lawyer. So the situation now is that vulnerable people, such as victims of human trafficking and other violent crimes, widows, people who were abused by their U.S. citizen spouse or former spouse, and children or young adults who are or have been wards of the state, may qualify for an immigration benefit under the law.But if they apply and are denied, USCIS may or may not put them in removal proceedings.On top of that, if they forget a form, or forget to include some other piece of required evidence, their application can be denied without them having a chance to correct it.That means that, “I forgot to include a form, now I am facing removal from the country” is not a particularly far-fetched scenario.Even for people who qualify for an immigration benefit, such as permanent resident status, everything is much more difficult, and takes much more time and work once someone is in removal proceedings.That means that the same immigration lawyers become a lot more expensive. And there are no government-appointed lawyers for Immigration Court.The end result of these policy changes could very well be that at least some people who otherwise would have become permanent residents, because they qualify to become permanent residents, will instead be torn from their homes and families and removed from the country.To be clear, I believe that the government has the legal authority to do all of the things I have mentioned. The law gives the president and the attorney general a lot of discretion in how to enforce immigration laws.But there’s a big difference between what the President has the right to do and what is the right thing to do.For those who believe that religion has no place in public discourse, forgive me. But as a Christian, my thoughts on the right thing to do are guided in part by Scripture:Deuteronomy 10:17-19 – “For the LORD your God is God of gods and Lord of lords, the great God, mighty and awesome, who is not partial and takes no bribe, who executes justice for the orphan and the widow, and who loves the stranger, providing them food and clothing. You shall also love the stranger, for you were strangers in the land of Egypt” (NRSV). Home | Donald E. Burke, Ph.D. (emphasis added).

For those who are anti-refugee, if you were born in the body of a refugee, would you want to be given refuge by a safe country?

And the double barrel loaded question goes to…. :PSeriously I am not anti-refugee, nor do I know anyone who is. I am however anti-illegal immigrants and it seems you are trying to pollute this issue IMHO. Asking thi question - is loaded because you are not actually defining a refugee.So allow me to do that:To qualify for refugee status in the United States:You must be referred by the UNHCR or the U.S. Embassy, or you must be a member of a specified group with special characteristics in certain countries. Check the current list of priority groups for more information.You must not be firmly resettled in another country. This is defined by whether or not you have been offered resident status or citizenship in that country.You must not be an immediate relative of a U.S. citizen or a special immigrant. In this case, you need to apply for an immigrant visa instead.You must be living outside of the United States.If you meet all the above criteria…Contact the UNHCR or an international non-profit volunteer agency. If you are unable to reach either of these, you can contact the nearest U.S. Embassy or consulate. Someone from one of these organizations will talk to you about your situation and determine whether you meet eligibility requirements to apply to be a refugee in the United States.Next, you will be asked to complete a packet of forms. When completed, the USCIS will evaluate these forms and interview you to decide whether you qualify for refugee status in the United States. \If your refugee status in the United States is approved, your immediate family members (spouse and unmarried children under the age of 21) will be granted refugee status derived from your status. If they are not with you at the time of your interview, they will need to file a Refugee/Asylee Relative Petition, Form I-730.So if someone has gone through this process and are LEGAL REFUGEE STATUS, sure I support refugee’s. However the vast amount of “refugee’s” being talked about in the media… do not fit this description… they are nothing more than illegals trying to claim refugee status.

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