2020 October Update

USCIS new fiscal year starts on October 1, and there are several notable updates.

I-944 Public Charge

On Sept. 11, 2020, the U.S. Court of Appeals for the Second Circuit issued a decision that allows DHS to resume implementing the Public Charge Ground of Inadmissibility final rule nationwide. Accordingly, USCIS will do the following:

1.      NOT re-adjudicate any applications and petitions that were approved following the issuance of the July 29, 2020, injunction continuing until 09/22.

2.      If an I-485 application is filed before Oct. 13, 2020 without a Form I-944 or evidence, USCIS will accept the application, but will request any missing forms and evidence.

3.      After Oct. 13, 2020, USCIS will reject any I-485 application if it does not include the required forms and evidence at the time of filing.

October Visa Bulletin

On Sept. 24, 2020, the October Visa Bulletin was released.  https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2021/visa-bulletin-for-october-2020.html

Notably, the employment-based (EB) categories made big advancements, and USCIS will be accepting I-485 applications using the dates for filing chart.

EB1, EB2, and EB3 for all countries other than India and China will be current.

While India and China are still backlogged, USCIS is using The Dates for Filing (DF) chart, which will make early filing of I-485 applications possible.

USCIS Proposal to Eliminate D/S on F-1, J-1, and I Visa

According to this proposal, individuals applying for admission in either F or J status would be admitted for a length of time that matches the program end date noted on their Form I-20 or DS-2019, not to exceed 4 years, unless they are subject to a more limited 2-year admission. 

Foreign media visa (I visa) holders would initially be admitted for a period not exceeding 240 days.

2020-09-25

Judy Chang Law Firm, National Immigration Law Firm
Copyright© Judy J. Chang, Esq. All rights reserved.
The information contained in article is provided for general information only and should not serve as a substitute for legal advice.
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