An attorney who has been helping people through the immigration system for 20 years answers your questions about USCIS's stunning new policy announcement
Thanks for this. I can only imagine how many emails you received like mine on this topic yesterday. In terms of things to add to this, I'd appreciate your addressing my son's category, which I think fell through the cracks:
"Applicants with no arrest records (and who never worked illegally) who entered lawfully in certain non-immigrant (student) visa categories *but did overstay*, who are now applying for residency due to marriage to an American citizen."
Also, would a denied application often mean immediate capture by the Bad Guys and/or immediate deportation?
Thanks! The category you have defined is legally indistinguishable from my second one, and my answer stands there. (I also believe that since the most likely outcome for these people is a Notice to Appear in immigration court and that they will ultimately come out better there because this policy is not binding on immigration judges.) But I will still be sending a response to your email! I just wanted to write this up for everyone first so that I wouldn't have to keep copying and pasting the general take and get straight to the specifics for each person.
(but I will also add for the benefit of everyone reading this that while I have concerns about visa overstays as discussed above I still believe that federal courts will not want to allow USCIS to retroactively impose this major change on people who filed before the date of the memo)
(I've also just added a question as to what is likely to happen if USCIS denies a residency application under these circumstances and why being put in deportation proceedings may actually be the only way through for many applicants now)
F1 s have become a weird little hybrid animal since the latest DOS field manual update a couple of years ago which essentially acknowledged that they are de facto dual intent following BIA precedent--but you make a good point, I have relegated this part to a footnote to avoid confusion. Here's more on that recognition
I went to a hispanic attorney's office for a consultation, they just told me how much it would cost to naturalize through their office. $5500. I said no thank you, and filed my renewal online. I completed my biometrics appointment, and have the letter from USCIS that grants me the three additional years. I have only one issue, I am concerned about one error on my record, it was wiped clean because it was a mistake, but I am afraid now after reading all this. I CANNOT afford an attorney. I am a white female Canadian, a volunteer hero, a skilled labourer. I know I am an asset and and finally happy and safe in life. After several men in this country abused me over the last two and a half decades, I am now with someone I trust and am safe with. And now am I really supposed to hire an attorney? That would bankrupt me, I am already in debt. I graduated honour roll with my first BA last december. I have a student loan. I am on the up and up, right now, finally. Feeling like I have a future. Trying to build an author career. Shifting from cooking to writing and producing.
Does anyone have a pro-bono lawyer they can refer me to? I don't want to lose 25 years of life in this country. I don't want to leave my partner, our cats and dog and urban garden. My mom called today to tell me "thank goodness you already filed your renewal" and told me about the changes. Yes, I did file. But no, it has not processed. WTAF am I supposed to do now> I am about to have a panic attack. PTSd is not good for this sort of news.
Thanks! I was under the impression that only H-1B and L-1 visas were dual intent. Are you saying that F-1 visas qualify as well? Where can I find the sources for that?
Hi Matt,
Thanks for this. I can only imagine how many emails you received like mine on this topic yesterday. In terms of things to add to this, I'd appreciate your addressing my son's category, which I think fell through the cracks:
"Applicants with no arrest records (and who never worked illegally) who entered lawfully in certain non-immigrant (student) visa categories *but did overstay*, who are now applying for residency due to marriage to an American citizen."
Also, would a denied application often mean immediate capture by the Bad Guys and/or immediate deportation?
Your work here is invaluable. Thanks again!
Thanks! The category you have defined is legally indistinguishable from my second one, and my answer stands there. (I also believe that since the most likely outcome for these people is a Notice to Appear in immigration court and that they will ultimately come out better there because this policy is not binding on immigration judges.) But I will still be sending a response to your email! I just wanted to write this up for everyone first so that I wouldn't have to keep copying and pasting the general take and get straight to the specifics for each person.
(but I will also add for the benefit of everyone reading this that while I have concerns about visa overstays as discussed above I still believe that federal courts will not want to allow USCIS to retroactively impose this major change on people who filed before the date of the memo)
(I've also just added a question as to what is likely to happen if USCIS denies a residency application under these circumstances and why being put in deportation proceedings may actually be the only way through for many applicants now)
F1 s have become a weird little hybrid animal since the latest DOS field manual update a couple of years ago which essentially acknowledged that they are de facto dual intent following BIA precedent--but you make a good point, I have relegated this part to a footnote to avoid confusion. Here's more on that recognition
https://blog.cyrusmehta.com/2024/01/uscis-policy-manual-recognizes-dual-intent-for-foreign-students-as-expressed-in-matter-of-hosseinpour.html
Thank you!
I went to a hispanic attorney's office for a consultation, they just told me how much it would cost to naturalize through their office. $5500. I said no thank you, and filed my renewal online. I completed my biometrics appointment, and have the letter from USCIS that grants me the three additional years. I have only one issue, I am concerned about one error on my record, it was wiped clean because it was a mistake, but I am afraid now after reading all this. I CANNOT afford an attorney. I am a white female Canadian, a volunteer hero, a skilled labourer. I know I am an asset and and finally happy and safe in life. After several men in this country abused me over the last two and a half decades, I am now with someone I trust and am safe with. And now am I really supposed to hire an attorney? That would bankrupt me, I am already in debt. I graduated honour roll with my first BA last december. I have a student loan. I am on the up and up, right now, finally. Feeling like I have a future. Trying to build an author career. Shifting from cooking to writing and producing.
Does anyone have a pro-bono lawyer they can refer me to? I don't want to lose 25 years of life in this country. I don't want to leave my partner, our cats and dog and urban garden. My mom called today to tell me "thank goodness you already filed your renewal" and told me about the changes. Yes, I did file. But no, it has not processed. WTAF am I supposed to do now> I am about to have a panic attack. PTSd is not good for this sort of news.
Very interesting and head-spinning. Where can I find parts 2 and 3?
I should have them done sometime tomorrow
Thanks! I was under the impression that only H-1B and L-1 visas were dual intent. Are you saying that F-1 visas qualify as well? Where can I find the sources for that?
Thanks, Matt. You're amazing.