US Government Will Not Defend 2019 Public Charge Rule And Will No Longer Require Form I-944

On March 9, 2021, Alejandro N. Mayorkas, the Secretary of the Department of Homeland Security (DHS), announced that the US government consistent with Executive Order 14012 will no longer defend the 2019 Public Charge Final Rule since “doing so is neither in the public interest nor an efficient use of limited government resources.” In a press release, Secretary Mayorkas said: “The 2019 public charge rule was not in keeping with our nation’s values. It penalized those who access health benefits and other government services available to them. He added: “Consistent with the President’s vision, we will continue to implement reforms that improve our legal immigration system.”

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5 Things to Remember Before You Travel Internationally this Holiday Season

As the holidays approach doesn’t it seem as if things are moving at warp speed? If you are like me, you have several lists going: work projects to finish before the end of the year, gifts to purchase, cards to send, things to pack, and more! As we have in prior years, we thought it would be helpful to give foreign nationals who are traveling internationally one additional list (sorry) to ensure all goes as smoothly as possible and that you can enjoy the holiday season without being overly worried about immigration status and visa stamps. Now that we’ve made this list, make sure you check it twice (as the song says)!

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The Washington Post: “Trump’s order will deny visas to immigrants who lack health-care coverage”

Last Friday, the White House issued a proclamation stating that effective November 3, 2019, the government will deny visas for immigrants who “will financially burden” the U.S. health-care system and will now require that foreign nationals demonstrate that they have health insurance or sufficient funds to cover health-care costs on their own before entering the United States. President Trump said he is issuing the proclamation to “protect the availability of health care benefits for Americans,” and that immigrants “who enter this country should not further saddle our health care system, and subsequently American taxpayers, with higher costs.”  

To obtain a visa, foreign nationals must prove they will be covered by “approved health insurance,” including a family or employment-based policy, within thirty days of entering the US, unless they have sufficient funds to cover their “reasonably foreseeable medical costs.” Doug Rand, a former Obama-era White House official tasked with immigration policy, said Trump’s proclamation will likely affect immediate relatives of US citizens waiting for permission to enter the US, including parents, spouses, and siblings (with children being exempt). Analysts predict that the proclamation could reduce legal immigration by up to sixty-five percent. The proclamation, Rand noted, does not appear to affect foreign nationals arriving on temporary work visas, refugees, or those seeking asylum at the Mexican border. Rand said that as “a matter of policymaking, this is an incredibly flimsy document” and called the new rule “a gigantic, sweeping change to the legal immigration system.”

5 Misconceptions about the I-94

Hardly a week goes by when a client doesn’t tell us, “I don’t have an I-94. They got rid of I-94s.” And it’s understandable, since there has been a lot of confusion after Customs and Border Protection (CBP) converted from paper I-94s to electronic I-94s in 2013. To recap: the I-94 is an electronic document (formerly paper) issued to foreign nationals that:

  1. Tracks arrivals and (indirectly) departures to and from the United States; and
  2. Is evidence of legal status in the US for foreign nationals in their category of admission (for example, H-1, O-1, L-1, F-1, and so on).

The lack of a paper stapled into a passport has led to many misunderstandings. We try to address five of the most common.

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ABC News: “US Embassy in Russia suspends issuing nonimmigrant visas”

The US Embassy in Russia announced yesterday that it would temporarily suspend issuing nonimmigrant visas beginning August 23, 2017, after Russia’s decision to reduce embassy and operational staff. On September 1, 2017, visa operations will resume on a “greatly reduced scale,” and only the US Embassy in Moscow will issue visas. The consulates in St. Petersburg, Yekaterinburg, and Vladivostok have indefinitely suspended their visa issuance. This decision will affect thousands of Russian tourists and visa applicants. Despite the visa shutdown and staff reduction, the US Embassy in Moscow and the three consulates will continue to provide emergency and routine services to American citizens, although hours may be adjusted.

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Reuters: “Trump Administration Approves Tougher Visa Vetting, Including Social Media Checks”

The Trump administration has approved new questions for certain US visa applicants worldwide that ask for social media handles for the last five years as well as biographical information going back fifteen years. The more extensive vetting was implemented as a "temporary, 'emergency' measure in response to President Trump’s March 6 memo mandating enhanced visa screening.” Under the new guidelines, certain applicants will be asked to provide US consular officials with such information as their passport numbers, travel history and source of funding for all trips that took place within the past fifteen years, employment history and residential addresses from the past fifteen years, the names of all spouses or partners, regardless of if they are living or deceased, and names and birth dates of all siblings and children. In addition, applicants will be asked to provide their user names and handles for all social media accounts that they have used within the past five years. Although providing this information is voluntary, the questionnaire explains that failure to provide such information could potentially delay or prevent visa processing.

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New York Times: “Trump Administration Orders Tougher Screening of Visa Applicants”

The Trump administration is making it more difficult for millions of visitors to enter the United States by demanding additional security checks before issuing visas to tourists, business travelers, and relatives of American residents, all seemingly in fulfillment of a campaign promise to enact “extreme vetting.” Secretary of State Rex W. Tillerson has sent diplomatic cables to US Embassies and Consulates worldwide with these instructions for stricter vetting, basing them off a March 6 presidential memorandum ordering the secretary of state, the attorney general, and the secretary of homeland security to “implement protocols and procedures” to enhance visa screening. The new security checks generally do not apply to citizens of countries in the Visa Waiver Program, which includes thirty-eight member countries. The additional scrutiny, for example, will ask applicants about their background and social media history if a person has ever been in a territory controlled by the Islamic State. “Consular officers should not hesitate to refuse any case presenting security concerns,” Secretary Tillerson writes in the cables.  “All visa decisions are national security decisions.”

In 2016, the United States issued more than ten million visas, and this additional scrutiny is likely to lengthen the already bureaucratic process. “This will certainly slow down the screening process and impose a substantial burden on these applicants,” Greg Chen, the director of advocacy for the American Immigration Lawyers Association, tells the New York Times. “It will make it much harder and create substantial delays.” Chen questions how a single interviewer who conducts 120 interviews per day—at about five minutes per interview—can improve security. “It’s highly unlikely they could obtain information that demonstrates whether someone is a national security threat in such a brief interview process,” he says.