US Citizenship & Immigration Services (USCIS) and the Department of Homeland Security (DHS), under the direction of the Trump administration, proposed a number of key immigration changes in 2018 and 2019, some of which are likely to go into effect this year. These changes, many designed to slow or complicate legal immigration, could have a significant impact on the lives of millions of immigrants in the US. Here are some changes to look out for in 2020:
Filing Fee Increases: As we previously discussed, last year USCIS proposed to increase its fees, including a proposed eighty-three percent increase for its naturalization application—from $640 to $1,170. The agency also proposed an unprecedented $50 fee for asylum seekers for their application (which would make the US only one of four countries to charge a fee for humanitarian protection), and increase fees for I-129 H-1B, O, and L petitions. While the exact numbers for the fees may vary in the end, USCIS is expected to soon publish a final rule with the new fees.
New Citizenship Test: Permanent residents who apply for citizenship after December 2020 will face a new perhaps more challenging test after a review of the current exam by immigration officials resulted in proposed changes to exam questions covering US government and history as well as the English language portion.
Public Charge Rule: Last year, DHS finalized a rule to significantly change the definition of what it means to be considered a “public charge.” Under the new rule, DHS expanded the definition of “public charge,” so that Green Card and other visa applicants can be denied not only for being “primarily dependent on the government for subsistence” but also for using “one or more public benefits” in the past or being “likely at any time” to receive these benefits in the future. Thirteen states have since blocked the public charge rule in court, delaying the implementation.
Employment Authorization for Asylum Seekers: DHS has proposed to modify regulations that would change some of the rules on the eligibility and waiting time for employment authorization based on pending asylum applications. These changes include increasing the waiting period to apply for employment authorization, denying employment authorization to asylum applicants who entered the US without legal documentation, terminating the employment authorization immediately if the asylum application is denied, and removing the thirty-day deadline for USCIS to issue decisions on employment authorization applications.
Electronic Filing: In a move that could be welcomed by some applicants and immigration practitioners, USCIS states they will make new forms for electronic filing available in 2020, including: the I-485, Application to Register Permanent Residence or Adjust Status; the I-765, Application for Employment Application; the I-131, Application for Travel Document; the I-129, Petition for a Nonimmigrant Worker; and the I-589, Application for Asylum and for Withholding of Removal.
Public Radio International also lists ten immigration issues to look out for in 2020, some of which include the outcome of the controversial “Remain in Mexico” MPP policy (Migrant Protection Protocols), whether the numbers for refugee resettlement determined by the Trump administration will decrease even more, the decision from the Supreme Court regarding the Deferred Action for Childhood Arrivals (DACA) program, and whether Trump’s border wall will continue to be built.