Malathi Benjamin, Immigration Attorney

10/06/2020

Premium Processing expansion & fee increase:

Premium processing fees are going up significantly although it isn't clear exactly when. Apparently this is a temporary measure (until December 2020) because the USCIS is running out of money! If you are thinking about premium processing your applications now may be the time to do so. Fees could be as high as $2500 (from $1440 which is the current fee). The program is being expanded to include petitions and applications which are not currently eligible for premium processing.

06/22/2020

Trump signs executive order suspending certain work visas through 2020

As predicted, Trump is going after legal immigration too and has been all along. It's just been more subtle and more insidious, and not as headline worthy as locking up babies and children in cages - which continues to happen by the way. He's now going after professionals and more, including H-1Bs, H-4s, L-1s and more.

https://thehill.com/homenews/administration/503914-trump-signs-executive-order-suspending-certain-work-visas-through

President Trump on Monday signed an executive order to suspend the issuance of certain temporary worker visas through the end of 2020, cracking down further on immigration after signing a more narrow measure in April.

06/18/2020

Live Updates: Supreme Court decision on DACA

Reprieve for Dreamers. The Supreme Court decided against the Trump administration’s attempt to rescind the DACA program, ruling that it had not followed proper procedure. The battle isn’t over but we celebrate this victory for now.

https://www.cnn.com/politics/live-news/scotus-daca-decision-06-18-20/index.html

The Supreme Court has ruled on Trump's move to end the Deferred Action for Childhood Arrivals (DACA), a program that protects 700,000 young undocumented immigrants from being deported. Follow here for the latest.

06/01/2020

USCIS Resumes Premium Processing for Certain Petitions

USCIS will resume premium processing of certain petitions over the course of June. Check the link below for the time frame.
https://www.uscis.gov/news/alerts/uscis-resumes-premium-processing-certain-petitions

U.S. Citizenship and Immigration Services today announced that it will resume premium processing for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien

05/28/2020

USCIS is gearing up to re-open in a limited manner on June 4.

As we prepare to reopen some offices to the public on June 4, we’ll send notices to applicants and petitioners with previously scheduled appointments and interviews. Those who had other appointments must reschedule through the USCIS Contact Center once field offices are open to the public. If visiting our offices, you should follow the safety guidelines and visitor limitations posted and linked to below. For more details: https://www.uscis.gov/news/alerts/uscis-preparing-resume-public-services-june-4

05/22/2020

www.cdc.gov

Border between US and Mexico/Canada to be closed until the CDC tells us otherwise.

https://www.cdc.gov/quarantine/pdf/CDC-265-Order-Renewal_5-19-20-p.pdf

05/14/2020

Economic Impact Payment Information Center | Internal Revenue Service

Are you eligible for the IRS stimulus check if you are not a US Citizen or a Permanent Resident?

Possibly yes! Even non-immigrants (H-1Bs, O-1s etc) may qualify as a "resident alien" by the IRS definition, as long as you have a social security number, cannot be claimed as a dependent by someone else, and meet the income requirements. See here for more information: https://www.irs.gov/coronavirus/economic-impact-payment-information-center#eligibility

Answers to frequently asked questions about Economic Impact Payments (coronavirus stimulus checks). These questions and answers will be updated periodically.

04/24/2020

TEMPORARY & LIMITED IMMIGRATION SUSPENSION

Today, President Trump issued a proclamation suspending certain immigration processes for a period of 60 days. The proclamation takes effect at 11:59 PM tonight.

It is more limited in scope than initially feared and applies to those applying for permanent resident status through an immigrant visa from abroad who don't already have an immigrant visa and an official travel document in addition to the visa.

The proclamation doesn't apply to the following:
1. Permanent Residents (even if you are abroad)
2. Those seeking entry to the USA on an immigrant visa as a physician, nurse, healthcare processional; to perform research to combat the spread of Covid-19; or to perform other essential work relating to the Covid-19 outbreak. Their spouse and minor children are also exempt.
3. Entrepreneurs under the EB-5 immigrant investor program
4. Spouses of US Citizens
5. Children of US Citizens (under 21 years old)
6. Those furthering important US law enforcement objectives
7. Members of the U.S. Armed Forces and their spouses and children
8. Applicants under the Special Immigrant Visa program as Afghan or Iraqi translators/interpreters, or U.S. Government Employee
9. Anyone whose entry would be in the national interest

Asylum seekers are excluded from the proclamation.

Right now, nonimmigrant visa holders are not included (these include H-1B professionals, students, visitors, fiances and more. However, this is going to be reviewed within 30 days.

Although the proclamation is slated to end in 60 days, it can be extended.

04/13/2020

USCIS Response to Coronavirus 2019 (COVID-19)

USCIS grants a 30 day grace period for those who entered through ESTA and the Visa Waiver program, if their inability to leave the USA is caused by the Covid-19 pandemic. Click on the following link for the USCIS response to the pandemic: https://www.uscis.gov/about-us/uscis-response-coronavirus-2019-covid-19

ALERT: As of March 18, U.S. Citizenship and Immigration Services has temporarily suspended routine in-person services through at least May 3 to help slow the spread of coronavirus (COVID-19).

03/27/2020

USCIS Announces Flexibility for Requests for Evidence, Notices of Intent to Deny

If you received or receive a Request for Evidence or a Notice of Intent to Deny between March 1, 2020 and May 1, 2020, the USCIS is extending the deadline to respond by 60 calendar days from the due date.

In response to the Coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services announced that it is adopting a measure to assist applicants and petitioners who are responding

03/27/2020

USCIS Temporary Office Closure Extended until at least April 7

USCIS has extended its suspension of in person events until April 7, 2020. This includes ASC appointments for fingerprinting and biometrics.

On March 18, U.S. Citizenship and Immigration Services temporarily suspended in-person services at its field offices, asylum offices, and Application Support Centers (ASCs) to help slow the spread of

03/15/2020

United We Dream

Read and share:

"USCIS has made exceptions to the new Public Charge rule as to not discourage anyone, including immigrants, to get tested and treated for the virus."

Here are the top 5 things you need to know about the #coronavirus and the Public Charge Rule:

11/17/2019

Immigration Agencies’ Intrusive Searches of Cell Phones, Laptops Are Ruled Unconstitutional

Another win for the Constitution!

A court ruled that policies permitting CBP and ICE to search phones, laptops, and other electronic devices without suspicion are unconstitutional.

11/12/2019

United We Dream

Today, the Supreme Court will hear oral arguments as to whether DACA should continue or be terminated. The fate of many Dreamers is at stake.

🎥 WATCH LIVE: Home is Here rally at SCOTUS because immigrants are welcome here. Thousands are rallying now on the steps of the Supreme Court to support support DACA and all undocumented people while the court decides the fate of over 800,000 immigrant youth. Watch now, share and show your support for ALL immigrants 🗣 #HomeIsHere

(via act.tv)

11/11/2019

This Veterans Day, let’s thank and honor our veterans in more tangible and meaningful ways. Saying “thank you” is a good start, but we need to do more. Here are some great suggestions from a friend and colleague, David Philip, which every one of us can do:

“1. Don't necessarily say "thank you" to a random veteran. It makes a lot of us uncomfortable. If you feel like it makes sense, keep it low key. Instead, buy the veteran behind you in line at the deli their lunch, and don't say anything.

2. If you are having a genuine conversation with a veteran, ask them what they did in the military or where they served or were stationed at. Ask if they have a favorite memory. Don't ask if they were in combat or killed anyone.

3. Donate more than you normally would to an organization making a difference for veterans.

4. Volunteer for an organization making a difference for veterans.
Here is the one I volunteer at in the Twin Cities: https://www.mac-v.

5. Specifically ask tough questions to your elected reps. Ask them what they are doing to specifically support veterans. No one is overtly opposed to helping veterans, so get specific.”

11/04/2019

Judge Blocks Trump’s Plan to Bar Immigrants Who Can’t Pay for Health Care

Judge Blocks Trump’s Plan to Bar Immigrants Who Can’t Pay for Health Care

The court ruling is the latest to derail administration initiatives to limit the admission of certain legal immigrants into the United States.

10/20/2019

The Trump administration's record denial of H-1B visas is getting some resistance from its own officials

Legal immigration is being attacked, and cases are being denied for nonsensical reasons, putting the financial and time burden on the client to appeal the decision.

The push to "hire American" has created confusion among visa holders and immigration officials alike.

10/10/2019

AILA - Presidential Proclamation on the Suspension of Entry of Immigrants Who Will Financially Burden the U.S. Healthcare System

Another burden for immigrants to overcome.

On 10/4/19, President Trump issued a proclamation suspending the entry of immigrants who will not be covered by approved health insurance within 30 days of entry or be able to pay for foreseeable medical costs. The proclamation will be effective at 12:01 am (ET) on 11/3/19. (84 FR 53991, 10/9/19)

09/02/2019

United We Dream

Know Your Power and defend yourself against immigration agents!

Spread this information widely for those who might need it. #HereToStay

https://unitedwedream.org/heretostay/know-your-power/

06/28/2019

United We Dream

🚨 BREAKING: The Supreme Court of the United States (#SCOTUS) has decided to take on the #DACA case. If you are a DACA recipient you need to renew your work permit as soon as possible! #HereToStay

For resources visit: RenewMyDACA.com

06/20/2019

USCIS Processing Delays to be Investigated by Government Accountability Office

About time! The USCIS forgets that they are funded by applicant's fees and not government money!

Applications for permanent residence and other immigration benefits are taking longer than ever to process. U.S. Citizenship and Immigration Services (USCIS), the agency responsible for adjudicating these applications, has a backlog at “crisis levels.” While USCIS processing delays have increasi...

06/18/2019

This version is in Spanish.

06/17/2019

Remembering all fathers on this Father’s Day. Those who can celebrate with their children, and those who are devastated by the heartbreaking forced separation from their children. Praying for change because nothing else is working.

12/04/2018

Immigration Resource Center of San Gabriel Valley & One Justice are hosting a FREE legal clinic on Saturday, December 8, 2018 between 11:30 am - 3:30 pm. Please come if you need assistance or advice on DACA, Naturalization, or if you have General Immigration questions. Attorneys (me included) will be in attendance to assist you.

11/23/2018

A very Happy Thanksgiving to all my clients. I am so thankful for the trust and confidence you place in me and my firm. We would not exist without you!

11/12/2018

“Cannot swords be turned to plowshares? Can we and all nations not live in peace? In our obsession with antagonisms of the moment, we often forget how much unites all the members of humanity. Perhaps we need some outside, universal threat to make us recognize this common bond. I occasionally think how quickly our differences world-wide would vanish if we were facing an alien threat from outside this world. And yet, I ask you, is not an alien force already among us? What could be more alien than war?”
President Ronald Regan

Until swords turn to plowshares we thank our Veterans, remember their sacrifice and service, and pray that they get the respect and care they so richly deserve when they return home.

11/01/2018

ICE is sending out fake court dates to immigrants. Here's why.

Shocking! https://news.vice.com/en_us/article/gyez33/ice-is-sending-out-fake-court-dates-to-immigrants-heres-why

A trick to keep undocumented immigrants from avoiding deportation.

08/11/2018

Students beware! As of August 9 if you fall out of status, or have been out of status, you begin accruing unlawful presence. 180 days of it and you are subject to the 3 year bar on re-entry. 1 year of it and it’s a 10 year bar. Take legal advice to make sure you are not at risk. This is a complete about face and changes decades old law and regulation.

07/10/2018

www.uscis.gov

Be warned! New immigration policy threatens a wide range of people with deportation proceedings. According to a June 28 policy, if you apply for an extension or change of status but fall out of status by the time a decision is made, the USCIS policy is to start deportation proceedings if your application is denied. Another anti-immigrant policy with no merit other than to be anti-immigrant.

The USCIS can take close to a year or even more to reach a decision on an application. Applicants who were legal at the time they filed will have fallen out of status by the time a decision is made. Denials are happening for the most technical and many times unjustifiable reasons. Those people will now be put into deportation proceedings.

07/01/2018

Thousands marched in Los Angeles today protesting child separation and zero tolerance. It was heartening to know how many Americans care.

06/27/2018

Federal judge orders most family separations at border to end

"The unfortunate reality is that under the present system migrant children are not accounted for with the same efficiency and accuracy as property. Certainly, that cannot satisfy the requirements of due process."

A federal judge in California late Tuesday ordered a halt to most family separations at the US border and the reunification of all families that have been separated in the first major rebuke to the Trump administration during ongoing furor over family separations at the border.

06/21/2018

Everything You Need to Know About Family Separation

Very informative.

Yes, it’s Trump policy. No, it’s not the law.

06/18/2018

This is a handout that the U.S. Department of Homeland Security is handing out to adults who are being arrested at the border. It informs them that their children are being taken away and will be "transferred" to federal agencies who will either house them in temporary shelters or place them in foster care.

Despite what the Secretary of the Department of Homeland Security has stated, children are being separated from their families at the border. Babies and toddlers too.

Please share this so the mothers and fathers know how to find the children taken away from them.

06/18/2018

If you have the opportunity of seeing Culture Clash's Bordertown Now, please do so. You won't be sorry.

I had the privilege of being on the post play discussion panel with Jonathan Fung and Robert Romero of the Immigration Resource Center of San Gabriel Valley and it was heartening to hear from so many people who are outraged at the separation of children from their mothers and fathers at the border.

There are various ways to help including by raising your voice in peaceful protest against what is happening; calling your congress-person and the Department of Justice and anyone in a position of power who can help shift the needle and donating to organizations already on this same mission. If you are interested in learning more about the Immigration Resource Center of San Gabriel Valley, please click on the link below: http://www.ircsgv.org/

05/17/2018

USCIS Changing Policy on Accrued Unlawful Presence by Nonimmigrant Students and Exchange Visitors

“Individuals in F, J, or M status who fail to maintain their status on or after Aug. 9, 2018, will start accruing unlawful presence......”. Students in F, J or M status be warned. D/S will no longer protect you from the 3/10 year bar.

USCIS Changing Policy on Accrued Unlawful Presence by Nonimmigrant Students and Exchange Visitors Versión en español WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today posted a policy memorandum (PDF, 179 KB)changing how the agency will calculate unlawful presence for students an...