RECAP: Immigrant Intent, DACA, SB-4…

The New Department of State 90-day Rule

The Department of State recently updated their Field Adjudicators Manual (FAM) regarding Inconsistent Conduct within 90 Days of Entry.  This subsection instructs on when officers may presume that an alien in the US has misrepresented their intention for coming into the US with a non-immigrant visa based on inconsistent conduct and seek to revoke their visa and even ban their entry to the US indefinitely.   The Inconsistent Conduct can include working without authorization, enrolling into a college on a visa that does not allow for it, marrying a US Citizen or Green Card Holder and seeking to reside in the US, while here on a visa that does not allow for an immigrant visa intent, amongst other things. While this has not been adopted by USCIS, this still may greatly impact those filing for an Adjustment of Status.

DACA

On September 5, 2017, President Trump ended DACA.  DACA holders who’s DACA expires between September 5, 2017 and March 5, 2017, were given until October 5, 2017 to file for a 2 year extension.  While this will not revoke the current valid DACA cases, no more DACA cases will be approved or be extended.  Currently there is a lot talk on the DACA being saved on the basis of a pact made by Rep. Nancy Pelosi and Sen. Charles E. Schumer with President Trump indicate that there is something in the works that may protect the Dreamers.  But as of yet, nothing definite has been announced.

SB-4 – Anti-Sanctuary City- Law Blocked

On August 30, 2017 a Federal Judge blocked the law SB-4 from going into effect on September 1, 2017.  This new law would have prohibited Sanctuary Cities – as they would limit immigration enforcement.  Other parts of this law, including the “show me your papers” clause was not blocked, and is now in effect.  There is a concern for racial profiling with this law.

I-485 Interviews

As of October 1, 2017, USCIS will be implementing a new step for Adjustment of Status applicants who cases are employment based and Refugee/Asylum relative petitions for beneficiaries who are in the US and are applying to join the principal Refugee/ Asylum applicant.

Previously these two categories were not subject to an interview but with the Executive Order 13780 – “Protecting the Nation from Foreign Terrorist Entry into the United States” – this could be the first of many changes that USCIS decides to implement.  The requirement for an interview may also spread to other visa types and categories as well.