November 2017 Immigration Updates: Key Changes and News

Back in 2015, a family came to my officer: a mother and a son. They were in much distress as they received bad news: their son’s green card application was denied and the decision stated that the son lost his ability to obtain a so long-awaited green card because his mother became a US citizen. The family could not understand what happened. They thought they did everything right, after all, they consulted with an attorney before submitting mother’s application for naturalization!

I look at the paperwork: the mother received her status through asylum. She later petitioned her dependent son to join her in the US. Naturally, she was eager to become a green card holder and a citizen at the firstopportunity. However, the clock for dependents runs differently than for the principal applicants. To become a green card holder, a dependent has to meet the requirements independently. The “qualifying relationship” between the dependent and the principal applicant has to exist for the dependent to be able to apply for a green card successfully. Specific events, such as divorce, marriage, naturalization will break the qualifying relationship.

That is precisely what happened in this case: the mother naturalized before the son was able to get his green card, and now son got stuck in limbo without a qualifying relative.

Luckily, the US laws do not leave such unsuspected dependents without help. There is something called a nunc pro tunc asylum. A dependent would have to file his/her asylum application and once it is approved, apply for a green card. We had a plan!

We filed the application and started waiting. Once the son was called for an interview, and the application was approved, it took us only a few months to get his green card by mail. I was very happy for the family. The biggest Immigration issue they had was resolved successfully!

Recent News in Immigration: Changes That Might Come Sooner Than We Expect

Author: New York Asylum Lawyer Alena Shautsova

The last day of October 2017 was truly horrifying, and not only for New Yorkers who had to face yet another attack, but I believe for the whole world community of people who are tired of hatred and violence. As we all know, President Trump reacted immediately and defensively: he suggested that the DV Program that helped to bring the Manhattan attacker to the US must be closed. Later, the White House stated that it would not close the program just now. But the one thing I can predict for sure: the program and the screening for it if not canceled entirely, will undergo significant changes. It might be that some countries or regions will be banned, it may be that the qualifications will be changed and will correspond more to the proposals voiced in RAISE.

Changes in the Asylum system: now, we may say with a certain degree of certainty that the US Asylum system will be changed as well. I am not sure if the entire system of asking for asylum at the border will be abolished, or the guidelines will become stricter, but it seems that all is heading in the direction of closing up the borders as tight as possible. (See US Asylum System is Under Attack.)

The other areas of law that are likely to be reformed: employment-based immigration (recently, the government started to re-check approved employment-based petitions); Special Immigrant Juvenile Status (the government announced plans to close an opportunity for kids with one available parent); and certain areas of family-based immigration (sponsorship for parents).

We are still in limbo as to what is going to happen with DACA kids and Haitian TPS holders (both statuses were announced to end in the nearest future).

However, despite all these plans and ongoing changes, the main immigration channels were not and are likely not be closed: spousal immigration; regular asylum requested in the US; employment-based immigration; immigration for talented and extraordinary people; VAWA applicants, etc. Also, certain changes may be accomplished only through legislative means: as such, we all would be responsible to a degree for those changes, as we can, and we should be proactive and get involved with our elected officials whose job is to voice people’s will.

Visit our resources on Asylum, Recent Changes in Immigration laws and Processing times: