Beginning November 8, 2021, fully vaccinated foreign nationals with valid visas will be able to travel to the United States. This change includes for non-essential travel from Canada and Mexico.
On January 20, 2021, President Biden signed an executive order ordering the Secretary of Homeland Security to to take all actions deemed appropriate and consistent with law to preserve and fortify Deferred Action for Childhood Arrivals (DACA). Click here for more information on DACA.
US Citizenship and Immigration Services (USCIS): has temporarily closed all field offices, asylum offices, and application support centers to the public. This includes interviews, naturalization ceremonies, and biometrics appointments. If you have been scheduled for an appointment, USCIS will send cancellation notices in the mail. Once USCIS returns to business as usual new notices will be issued.
Immigration Courts: In Detroit, all non-detained hearings have been postponed. Detain cases will continue as scheduled.
Immigration Customs Enforcement (ICE): Individuals who are scheduled for ICE check-ins should contact their local field office for additional guidance before attending scheduled appointments. ICE also states that aside from exception circumstances they will not conduct “enforcement operations” at medical facilities.
US Consulates and Embassies: All US Consulates and Embassies around the world have suspended routine immigrant and nonimmigrant visa services until further notice. Embassies and consulates are continuing to provide essential consular services to US Citizens as well as emergency visa services.
Travel Restrictions: The US has temporarily restricted travel due to COVID-19 to most foreign nationals (excluding US Citizens and Lawful Permanent Residents) coming from Austria, Belgium, Canada, China, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Iran, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Mexico, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland, and United Kingdom. Those permitted into the United States may also be subject to quarantines.
At this time, our office remains dedicated to providing legal assistance to you and the rest of the immigrant community via telecommunications. If you have any questions, concerns or require legal assistance, or know anyone who may require legal assistance, please feel free to reach out via call or text at 248-629-0495 (please leave voicemail if no one answers) or email at ellie@moskolawpc.com. In the meantime, please stay safe and healthy. For information on what to do if you are ill and how to protect yourself during the COVID-19 outbreak, please go to: https://www.cdc.gov/coronavirus/2019-ncov/index.html.
Beginning Monday, February 24, 2020, USCIS will be implementing its new public charge rule. Under this new policy, the government will weigh a totality of factors to determine whether a person is a public charge and thus inadmissible to adjust status and become a lawful permanent resident (Green Card holder). This applies only for those applying for Green Cards.
Further, some Green Card applicants are not subject to a public charge test, including refugees, asylees, U Visa, T Visa, VAWA, Special Immigrant Juvenile, TPS Applicants, and US Citizens.
The public charge test only applies when a person is applying for a green card. Additionally, many public benefits are not part of the public charge program, this includes: WIC, Medicaid for pregnant women and up to 60 days postpartum, emergency Medicaid, Medicaid used by children under 21, Head Start, and free and reduced cost school lunches. Please also note that private insurance with ACA subsidies should not be a negative factor to public charge.
Please feel free to contact our office if you are concerned that you are using a benefit that could be a problem. If you are applying for a Green Card please do not use the benefits listed below if you are not eligible.
The public charge test does consider the use of the following by individuals applying for the Green Card (not relatives who are eligible for such benefits, even if they live in the household): federally-funded Medicaid (except for emergency, pregnancy, and use by children); federally-funded Food Stamps (SNAP); federal public housing, Section 8 housing assistance and project-based rental assistance; federal, state, and local cash assistance; and long-term institutionalized care paid for by the federal government.
Please also be aware the Green Card applications filed after February 24, 2020, will be subject to new intensive forms and a significant increase in documentation relating to the public charge.
Additionally, please note that the public charge rule does not currently apply to residents of Illinois due to court order.
On January 20, 2021, President Biden ended this travel ban by executive order.
On January 31, 2020, President Trump announced via Executive Order an additional six countries to be included in its ongoing travel ban. Citizens from Eritrea, Kyrgyzstan, Myanmar, Nigeria, Sudan, and Tanzania will now be banned from obtaining certain visas to come to the United States.
To date the ban affects people coming from the following countries:
THIS BAN HAS ENDED AS OF JANUARY 20, 2021.
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