There are few areas of law that are more contentious and emotionally charged these days than immigration law. The political climate makes it difficult for legal immigrants to truly know what is happening, how the laws may be changing, and how they are affected.

It is always beneficial for an immigrant to the United States to have legal representation if they have any question whatsoever as to their status – but these days, it may bring immense peace of mind. In order to bring some clarity, we have assembled some of the changes to immigration law which have occurred over the last 2 years.

Updates to Immigration Law and Policy

There have been both positive and negative changes to immigration aw and policy over the last 12-18 months. These include:

Qualifications for deportation have been expanded. Regarding the issuance of Notices to Appear (NTAs), a new policy enacted in June of 2018 included additional conditions by which foreigners can find themselves subject to deportation. The updated and amended list includes criminal activity, fraud, denials of immigration benefits, and violations of state and federal programs.
Denial of application can now occur without warning – Traditionally there were two types of warnings given to applicants which preceded a possible denial of application: Requests for Evidence, and Notice of Intent to Deny. As of July of 2018, the USCIS may deny immigration applications related to permanent residency, U.S. citizenship, and visa extensions without either of these warnings being presented. In the past, these notifications provided applicants and their lawyers an opportunity to submit additional documents or amend any errors before immigration officials took action.
Immigrant spouses must show 3 year joint residence when applying for U.S. citizenship. Beginning in October of 2018, an immigrant spouse applying for naturalization through marriage must live with their U.S. citizen spouse for at least three years prior to application. If the couple is divorced prior to the three-year mark, the immigrant spouse will not be eligible for U.S. citizenship under this provision.
The previously required interview for permanent residency through marriage may be waived. As of November 2018, USCIS officials may use their discretion to waive the previously required interview for immigrant spouses. This interview was required to remove conditional status in exchange for permanent residency. If adjudicators determine through provided evidence that the marriage is authentic, the interview may be waived and status granted.
Conditions regarding medical exam records have been updated. When an immigrant is seeking permanent residency, they can now file a Form I-693 which was signed by a doctor up yo 60 days prior to application.

Immigration Process Changes

U.S. Citizenship and Immigration Services (USCIS) has established eProcessing as part of the USCIS’ transition to a fully digital model. The end goal is to offer a complete digital experience for applicants – whether applying, communicating, or receiving status updates. Many business visitors, tourist visitors, and vocational students can now apply online for certain transactions and applications, such as extending their stay in the United States. Additional classifications are expected to be added to the ePRocessing system soon, in order to streamline many of the processes.

The legal professionals at Probinsky & Cole understand that the immigration process can be daunting, and immigration law ever-evolving. If you are an immigrant looking to ensure that your status is safe, or if you have questions regarding your status or upcoming immigration interview or application, call us today. You should not have to go through this alone – we are here to help.