2020 Immigration Legal Updates

Congress Offers Help to Some Immigrants in 2020 Omnibus Bill

December 27, 2020 Congress passes, and President Trump signs, a spending package that funds various federal agencies into 2021, offers COVID relief to Americans whose income falls below certain limits, and extends various immigration programs that were about to expire.

Will Some U.S. Visitor Visa Applicants Need to Pay a Bond Under New USCIS Pilot Program?

December 24, 2020 Pilot Program takes effect requiring some visa recipients from countries with high overstay rates to pay a bond ensuring their timely return home.

Citizenship Applicants Who Submit N-400 Application After Dec. 1, 2020 Will Take Revised Version of Naturalization Civics Test

December 1, 2020 People who apply for naturalization on or after December 1, 2020 will need to study for and take an updated version of the test covering civics, U.S. history, and government.

New U.S. Government Rules Add Several Criminal Bars to Receiving Asylum

November 20, 2020 New rules will widely expand the types of criminal convictions and activities that would bar an applicant from being granted asylum in the United States.

Asylees Who File I-730 Petitions for Family Members to Also Receive Asylum Must Now Expect to Attend USCIS Interview

November 18, 2020. USCIS plans to require most refugee/asylee petitioners of immediate family members to appear for an interview at a USCIS office in connection with Form I-730.

New USCIS Policy Poses Risk to Adjustment of Status Applicants: Expect Discretionary Denials Based on 'Negative Factors'

November 17, 2020 USCIS creates a list of positive and negative factors that officers are expected to take into account when deciding whether an adjustment of status applicant who meets the basic eligibility requirements actually deserves approval (or in legalese, "warrants a favorable exercise of discretion").

DACA Comes Back in Early 2021, Per Biden Executive Order

November 7, 2020 As part of Joe Biden's presidential campaign, he published a plan for immigration that covers numerous topics, DACA among them.

New U.S. Government Rules Add Several Criminal Bars to Receiving Asylum

November 20, 2020 New rules will widely expand the types of criminal convictions and activities that would bar an applicant from being granted asylum in the United States.

Diversity Visa Lottery Registration Opens October 5, 2022

October 5, 2022. U.S. State Department publishes instructions for this year's diversity visa lottery open registration period (so-called DV-2024).

USCIS to Expand Premium Processing Services, at a Higher Price

October 19, 2020 USCIS making several changes to its premium processing program, of interest to anyone hoping for a quick decision on their immigration application or petition.

Most Asylum Applicants Need Not Bring Foreign Language Interpreter to Interview During COVID-19 Pandemic

September 23, 2020 New temporary rule requires asylum applicants to use a DHS foreign language interpreter instead of bringing their own, with exceptions for less commonly spoken languages.

South Sudan's Temporary Protected Status (TPS) Designation Extended Through November 3, 2023

March 2, 2022 DHS renews and extends the Temporary Protected Status (TPS) designation for South Sudan for 18 months, taking it through November 3, 2023 for both existing TPS holders and new applicants.

K-1 Visa Applications Now a Priority for Consulates Re-Opening After COVID-19 Closures

August 28, 2020. DOS announces that it is resuming or increasing consular operations at various U.S. posts, and authorizing the posts to give K fiance visa cases high priority.

Most Asylum Seekers Won't Qualify for Work Permits Under New USCIS Rules

August 25, 2020. USCIS announces new rules that change which asylum applicants are eligible for a work permit and when.

Canadian and Mexican Borders With U.S. Still Closed for All But Essential U.S. Entries

August 14, 2020 Extending decisions first made earlier in 2020 when the COVID-19 or coronavirus pandemic began, the U.S. and Canada as well as Mexico will continue to restrict travel across the land borders.

TPS Work Permits Automatically Extended for Nationals of Sudan, Nepal, Nicaragua, Haiti, Honduras, and El Salvador Into 2022

September 9, 2021 If you have been granted Temporary Protected Status (TPS) as a national of either El Salvador, Haiti, Honduras, Nepal, Nicaragua, or Sudan, the U.S. government has extended your status, and your work permission, through December 31, 2022.

Visa Applicants From Hong Kong Face Longer Waits and Placed Under Mainland China's Per-Country Limits, Per Trump Order

July 21, 2020 The Trump Administration, via an executive order, has vastly changed the U.S. immigration situation for people born in Hong Kong, suspending various laws that treated them as if they were from a separate country rather than grouping them with people from the PRC.

Fall 2020: Trump Administration Lets Foreign Students Attend Online-Only Schools After All

July 14 2020. A return to flexibility for foreign students taking online classes due to coronavirus pandemic.

International Adoptions Continue During Pandemic, But Parole Not a Likely Way to Bring Children in Early

June 16, 2020 Worried parents have been asking whether a procedural mechanism called humanitarian parole could be utilized to let adoptive children enter the United States even before visa processing is complete.

Immigrant Attending Protest? Watch for Immigration and Customs Enforcement (ICE) Presence

June 8, 2020 Although both ICE and CBP have stated they don’t plan to make immigration arrests during protests, media reports suggest they are nevertheless profiling and targeting immigrants.

U.S. to Refuse or Revoke Visas of Chinese Grad Students With Ties to China’s Military Schools

Effective June 1, 2020. Trump administration to examine visa applications and existing visas of Chinese graduate students and researchers in the United States and revoke or deny any where the person has direct ties to universities affiliated with the People’s Liberation Army (PLA).

Some H-2A and H-2B Workers May Stay in U.S. Beyond Usual Maximum Owing to COVID-19 Related Rule Changes

May 14, 2020 Two new rules allow employers greater flexibility in hiring H-2A and H-2B workers in connection with the U.S. agricultural and food industries.

Conditional Residents With Expired Green Cards Have Trouble Getting I-551 Stamps, Due USCIS COVID-Related Office Closures

May 11, 2020 Coronavirus-related challenges in proving one's legal status while USCIS is delayed in making a decision on an I-751 or I-829.

State Department Delays Opening Status Check System for Diversity Visas Lottery Applicants

April 27, 2020 Department of State tied up with COVID-19 related matters, postpones opening of Entrant Status Check system for diversity visa lottery applicants.

What's in Trump's Executive Order Stopping Immigration to U.S. Because of Coronavirus (COVID-19) Pandemic?

April 22, 2020 A Trump order temporarily barring immigration to the U.S. due to the COVID-19 pandemic contains numerous exceptions.

In Light of COVID-19 Office Closures, USCIS Can Approve Adjustment of Status Without an Interview

April 16, 2020 USCIS appears to be granting permanent residence to some applicants without requiring the usual adjustment of status interview, to overcome the problem of USCIS office closures due to coronavirus pandemic.

Now, During COVID-19, Is Not the Time to Get a U.S. Passport, Unless You Can Prove an Emergency Need

March 27, 2020 U.S. State Department (DOS) is scaling back operations at its Regional Passport Agencies and acceptance facilities.

Non-Citizens and Others Lacking REAL-ID Cards Now Have Until 2021 to Get One

March 27, 2020 Due to office closures in response to the coronavirus or COVID-19 pandemic, the deadline to obtain REAL IDs has been pushed ahead one year, from October 1, 2020 to October 1, 2021.

Before Going to Any Immigration Appointment, Check for COVID-19 Closures of Both U.S. Consulates and USCIS Offices

March 18, 2020 Don't plan to visit a consulate or USCIS office, or attend a naturalization interview or ceremony, asylum interview, or other appointment until further notice, owing to coronavirus outbreak and response.

Trump Administration Announces New Denaturalization Task Force

February 26, 2020 New DOJ unit will investigate and start court proceedings against naturalized U.S. citizens whose status might have been gained based on lies or misrepresentation.

U.S. Citizens May No Longer File I-130 Petitions While Living Abroad

February 1, 2020 U.S. Citizenship and Immigration Services announces regardless of whether the U.S. petitioner lives abroad, Form I-130, Petition for Alien Relative, can only be submitted to USCIS in the U.S. or to the Department of State in exigent circumstances, but no longer with an overseas USCIS office.

Trump Expands Travel Ban, Blocking Immigrant Nationals of Burma (Myanmar), Eritrea, Kyrgyzstan, Nigeria, Sudan, Tanzania

January 31, 2020 Trump issues proclamation stopping U.S. consulates from issuing immigrant visas for U.S. entry to nationals, and reducing participation in diversity visa lottery.

New Restrictions Affect Pregnant Travelers to the U.S., to Deter "Birth Tourism"

January 24, 2020 U.S. State Department (DOS) issues major amendment to its regulations, restricting the ability of pregnant women to travel to the United States on B-2 tourist visas.