Andy G. Strickland is a trusted St Petersburg, FL., immigration lawyer

The USCIS as well as the Immigration Courts have been open and accepting filings during the “corona virus” pandemic.  Filing dates have been met.  Applications for relief are being filed.  However, non-detained master and individual hearings have been postponed.

If you have a court date, I suggest you call the court in your area to confirm your hearing is still scheduled or you can visit this webpage for useful information:

https://www.justice.gov/eoir/eoir-operational-status-during-coronavirus-pandemic

The US Supreme Court is deciding a very important case.  This case is Barton v. United States Att’y Gen., 904 F.3d 1294 (11th Cir. 2018), cert. granted, 139 S. Ct. 1615 (2019).  This is a very important case because it could open up the possibility of relief for many permanent residents.

One important form of relief used by permanent residents (greencard holders).  This form of relief is available to greencard holders who have been in the US for five years as a lawful permanent resident, have lived in the US at least seven years in any status, have not been convicted of an aggravated felony, and deserve to have your case granted as an exercise of discretion.

Unfortunately, depending on when a permanent resident committed certain crimes could render the resident ineligible for cancellation of removal.  This is called the “stop time rule”.  The court will decide whether a lawfully admitted permanent resident who is not seeking admission to the United States can be “render[ed] … inadmissible” for the purposes of the stop-time rule, 8 U.S.C. § 1229b(d)(1).

https://www.justice.gov/brief/file/1194281/download

On October 15th 2019 the USCIS was planning to implement new affidavit of support requirements for applicants attempting to obtain lawful permanent residency.  However, various Federal District Courts have stayed the implementation of these new requirements.

This means, until further notice, green card applicants can still utilize the current version of USCIS form I-485 (application for permanent residence) as well as form I-864 (affidavit of support) with the current evidentiary requirements for purposes of meeting the public charge rule.

https://www.natlawreview.com/article/public-charge-rule-update-making-sense-all-moving-pieces

How to Prepare for an Adjustment of Status Interview – By Andy G. Strickland

The purpose of an adjustment of status interview based upon marriage to a US Citizen is two- fold:  to ensure the applicant is legally eligible to adjust their status and the marriage is bona fide.   An attorney should prepare your adjustment of status packet and ensure you have met the legal qualifications to adjust.  Secondly, your attorney needs to prepare you with documentation for your interview.  The client and attorney need to review the documents that help support the fact you and your husband or wife are a real married couple and living together.

Many times this entails joint documentation.  The resulting joint documentation will help the officer ascertain the bona fides of your relationship.  Alternatively, it is important to gather documentation that might not be joint, but nevertheless shows both parties are living at the same address.

On 15 October 2019 the new USCIS rule will go into effect that could affect your eligibility to receive permanent residency.  If you have received any of the following, please speak to an attorney to see if your eligibility will be affected:

• Any federal, state, local, or tribal cash assistance for income maintenance
• Supplemental Security Income (SSI)

• Temporary Assistance for Needy Families (TANF)
• Federal, state or local cash benefit programs for income maintenance (often called “General Assistance” in the state context, but which may exist under other names)
• Supplemental Nutrition Assistance Program (SNAP, or formerly called “Food Stamps”)
• Section 8 Housing Assistance under the Housing Choice Voucher Program
• Section 8 Project-Based Rental Assistance (including Moderate Rehabilitation)
• Public Housing under section 9 the Housing Act of 1937, 42 U.S.C. 1437 et seq.
• Federally funded Medicaid (with certain exclusions)