[vc_row][vc_column][vc_column_text]The United States Supreme Court has allowed a Trump administration rule banning certain asylum requests to take effect pending an appeal.  The rule allows immigration officials to deny asylum requests from migrants at the U.S. Mexico border who have traveled through another country to request asylum in the U.S. without first applying for and being denied asylum in a country through which they traveled. The rule was previously banned from being implemented after a California district judge determined that the rule likely did not meet federal legal requirements.  The Trump administration is appealing the ruling, but will be now allowed to enforce its rule pending that appeal.  It is not know how the court case will play out.  In his initial stay of the rule, the California judge specifically listed that the new asylum rule did not follow established guidelines for new regulatory rules, that the rule itself is not in line with established laws, and that the rule is likely arbitrary and capricious. In practice, the now enforceable rule will allow immigration officials to deny asylum requests from anyone who traveled through Mexico to reach the southern border, regardless of their circumstances.  This includes everyone seeking asylum from Central America.  There are very few exceptions. For the full news story, click here. It is unknown when the court case will reach the Supreme Court.  Until that time, the rule denying asylum can be enforced. Migrants from Guatemala, Honduras, El Salvador, and other Central American countries may have few options to enter the United States legally.  The Law Offices of Scott Warmuth offers free immigration consultations to help would-be immigrants to the U.S. determine if they do have a path forward.  Call us at 888-517-9888 to receive a free consultation.[/vc_column_text][/vc_column][/vc_row]

[vc_row][vc_column][vc_column_text]People working and living in the United States on a non-immigrant visa do not necessarily need to travel back to their home countries to seek permanent residence.  Foreign nationals who are eligible for permanent residence status and meet certain criteria can use a process known as Adjustment of Status to, well, adjust their status from non-immigrant to immigrant.  A successful adjustment of status will result in a green card for the applicant without having left the United States.  Adjustment of status is a common process for people in the U.S. on temporary, non-immigrant visas (including the F1 Student Visa or H-1B Visa) seeking to stay in the country permanently. The first step to adjusting status is to verify eligibility for a green card.  Green cards are most commonly obtained through family relations and employment opportunities, but there are other methods of eligibility.  For family relations, unmarried children under 21 years of age, orphans to be adopted, and parents of U.S. citizens are typically eligible for IR family-based green cards and spouses of U.S. citizens are typically eligible for IR or CR family-based green cards depending how long they've been married.  Unmarried children over 21 years of age, married children, and siblings of U.S. citizens, as well as spouses and unmarried children of legal permanent residents, may be eligible for F family-based green cards.  For employment opportunities, EB visas are available to certain workers meeting strict criteria and usually require a job offer.  An immigration attorney can help you determine if you're eligible for a green card, and if so, find the best way to obtain it. The next steps involve a lot of paperwork and waiting.  The immigration sponsor (usually a relative or future employer) will need to complete a petition form.  The immigrant will need to complete Form I-485, Application to Register Permanent Residence or Adjust Status.  In most cases, the petition form will need to be approved before Form I-485 can be submitted, but Form I-485 can only be submitted when the appropriate visa is available.  Some visas are immediately available while others could take several years, or even decades, before becoming available. After filing Form I-485, immigrants will usually need to attend an Application Support Center (ASC) appointment to provide pictures, fingerprints, and other biometric data.  After the ASC appointment, immigrants may have to interview with United States Citizenship and Immigration Services (USCIS).  After the interview, immigrants may be asked additional questions or asked to provide more evidence.  USCIS will finally make a decision on whether or not to adjust status and issue a green card. All of these steps can be done while in the United States on a non-immigrant visa.  The adjustment of status process, however, does not become much easier just because you're already in the country.  Hiring an experienced immigration lawyer is the best thing you can do to ensure your adjustment of status goes smoothly.  The Law Offices of Scott Warmuth has a dedicated immigration department focused on helping our clients achieve their immigration goals.  Call us at 888-517-9888 to receive a free consultation![/vc_column_text][/vc_column][/vc_row]

[vc_row][vc_column][vc_column_text]The Trump administration is seeking to supersede the Flores agreement, a court settlement stemming from a Supreme Court case that limits the length of time the federal government can detain migrant children at 20 days.  The Flores agreement became national news recently when the Department of Justice argued in federal court that detained migrant children were not entitled to basic hygiene products, including soap and toothbrushes.  The federal government lost that court case and its appeal. The new policy would remove the 20 day time limit, allowing for the indefinite detention of migrant families.  The new immigration rule expects that cases will be adjudicated within two months, even though the average court wait across the country is currently much longer than two months.  But even just two months is three times the length that children can currently be detained.  There are nearly 1 million pending immigration court cases across the country. The much maligned family separation policy was due in part to the restrictions of the Flores agreement.  Migrant children had to be released within 20 days, but their parents or guardians were not.  Under previous administrations, to comply with the Flores agreement, migrant families were usually released into the United States to await their court dates.  According to immigration court statistics, about 86 percent of migrant families released into the U.S. ultimately attended their immigration hearings. The new rule to replace the Flores agreement is set to take effect in 60 days, but will likely face court challenges.  The purported goal of the new rule is to deter migration by threatening a long detention for migrants and their children. Read the full news story here. Immigration laws continue to evolve rapidly.  The Law Offices of Scott Warmuth immigration lawyers work hard to stay on top of all changes to immigration law in order to best serve our clients seeking visas or green cards in the United States.  For a free immigration consultation, call us today at 888-517-9888.[/vc_column_text][/vc_column][/vc_row]

[vc_row][vc_column][vc_column_text]In a widely expected move, the Trump administration has announced a change to immigration regulations that would alter the label of 'public charge' to include anyone receiving common public benefits, such as food stamps or Medicaid.  The changes are set to be implemented in 60 days, but will likely be challenged in court.  Many immigrants to the United States are legally entitled to receive the government benefits that could prevent them from receiving a green card or visa. The proposed new rules for being considered a public charge were published for public comment late last year, with rumors about the changes surfacing even earlier.  Since the rumors began, according to the nonprofit research organization the Urban Institute, 13.7 percent of adults in immigrant families actively avoided receiving public benefits that would be grounds for being considered a public charge.  It should be noted that the rule on accepting non-cash public benefits will not be retroactive.  If an immigrant has previously accepted food stamps, housing assistance, or Medicaid benefits, he or she would not automatically considered a public charge. Another change included in the new rules is the consideration of whether or not an immigration will become a public charge.  New criteria will be used to determine if an immigrant is considered likely to become dependent on the government for assistance.  The list of criteria include household income, chronic medical conditions, possession of medical insurance, credit score, education level, English skills, and community support.  It's unclear how exactly these criteria would be used to determine eligibility for a green card.  Immigration experts believe that the changes would significantly lower legal migration rates from poorer countries. See the full news story here. It's hard to say what the outcome of this rule change will ultimately be or how it will affect any particular U.S. immigrant.  As always, the immigration attorneys at the Law Offices of Scott Warmuth will be monitoring the effects of the new rule changes.  Immigrants seeking entry to the United States should consult with an immigration attorney to determine if this, or any other changes to immigration law, will affect them.  For a free consultation, call us today at 888-517-9888.[/vc_column_text][/vc_column][/vc_row]