ERM Immigration Law, PLLC

10/07/2026

Public Charge Update: Good news! Immigrant visa processing has resumed. Officers have new training on public charge factors. Public charge factors help the officer determine whether it is more likely than not that the applicant will become reliant on the government for financial survival.

The officer looks at the applicant’s age, health, family status, assets and financial status, and education and skills, alongside any history of public benefits and decides, when looking at all those factors and your situation (the totality of circumstances), whether that person is probably going to be reliant on the government. They also will consider your sponsor’s income and the financial stability of your family.

Consulates (though not all) now allow you to submit supporting documentation in advance to help prove you are not likely to become a public charge. Preparing this package can help you succeed in your immigrant visa interview.

For those adjusting status within the US, the same factors apply, and a similar preparation strategy before the interview can make your application stronger in cases where the applicant may not be in a strong financial or employment position.

No single factor will determine your admissibility on this ground, and just because you had a negative factor before does not mean you cannot overcome it in the future.

08/27/2026

I know things feel daunting right now. It is a scary time for immigrants, their families, and the communities that include and rely on them. I want to share some good news. Recently, my office had an asylum matter approved within a few days of the interview. We have also had numerous family-based green cards approved over the last few months, since the adjustment of status memo was released and other policy changes were announced. A handful of clients have also recently naturalized, although the process is slow. There is a lot of bad news out there, but it is also important to keep perspective and remember there is still a lot of good news, people who care, and that we are here to help.

08/26/2026

TEMPORARY PAUSE ON IMMIGRANT VISA INTERVIEWS: According to a U.S. Department of State spokesperson (DOS), DOS has temporarily postponed immigrant visa interviews at U.S. embassies and consulates worldwide while consular officers undergo mandatory training on stricter screening procedures.

The training began in August and focuses largely on public charge determinations. This process assesses whether an immigrant visa applicant is likely to become dependent on certain public benefits after entering the United States. DOS says the goal is to ensure these determinations are made consistently across consular posts.

The pause affects immigrant visas, including family-based cases and spouses of U.S. citizens. It does not generally apply to tourist and other nonimmigrant visas. Applicants at some posts have received notices canceling or postponing previously scheduled interviews, with limited information about when appointments will be rescheduled.

Although the pause on interviews comes days after federal courts enjoined the ban on 75 public charge countries, DOS claims it is unrelated.

At this point, the interview pause appears to be temporary, not a permanent suspension of immigrant visa processing. However, DOS has not announced a firm date for normal scheduling or rescheduling of postponed interviews to resume.

08/25/2026

https://www.superlawyers.com/articles/washington/fear-is-the-overarching-theme-right-now/ I am proud to have been able to share my perspective as an immigration attorney, published in this month's magazine. Thank you to SuperLawyers for the opportunity to share.

08/13/2026

ATTENTION - IMPORTANT

Do Not Travel INTERNATIONALLY with Advance Parole (AP) without talking to your Attorney.

A new precedent decision was issued today, August 13, 2026. It states that leaving the US, even if you have AP, counts as a 'departure' in immigration law. If you have unlawful presence, time in the US without status, then a 'departure' from the US can trigger a bar to coming back or adjusting status. If you travel on AP, you may be stuck outside the US or be unable to adjust status without a waiver.

These are serious immigration consequences that could apply to many applicants. *Please discuss with your attorney any travel plans.*

06/19/2026

Proud to announce that Emily Reber-Mariniello, founding attorney, and Emily "L." Kubow-Durbin, associate attorney, have both been 2026 Super Lawyer Rated. Emily Reber-Mariniello made Super Lawyer this year with "L." Kubow-Durbin as Rising Star.

06/08/2026

Help us keep the streak alive as a WINNER for a third year in a row! You can vote for us in the Immigration Law and Law Firm categories every day until 06/26/2026. Thank you for your support!

Vote once per day from June 8 through June 26.

06/05/2026

Law still matters. Judge John J. McConnell Jr. of Rhode Island proved that this morning when he struck down unlawful and craven immigration policies that paused asylum processing and delayed immigration benefits for thousands of applicants. Doctors, scientists, engineers; mothers, fathers, spouses, children, even babies of US citizens -- even the most exceptional of individuals left in a lurch. Meanwhile, our nation suffers not just economically, but morally, from the injustice of these policies that included a worldwide freeze on ALL immigration benefits, despite being lawful, for those born or holding citizenship in the affected countries. The policy is devastating for individuals, families, and businesses with beneficiaries from these 39 countries, which are subject to the administration’s expanded travel ban, known as the "national security ban," including Afghanistan, Haiti, Iran, Somalia, Sudan, Syria, Yemen, Venezuela, Nigeria, Cuba, and many others.

This now-unlawful policy arbitrarily and capriciously prevented applicants from obtaining work authorization, green cards, naturalization, visas, and other immigration benefits for months while their cases remained pending indefinitely.

Judge McConnell couldn't have been more correct when he noted that the burden of these policies fell hardest on the people who actually followed the law -- a principle that this federal administration and its supporters purport to be the cornerstone of US immigration: "we just want them to get in line and come legally."

Judge McConnell opines: “The court is reminded of a line often repeated in discussions around immigration policy: If people wish to immigrate to the United States, they ought to ‘follow the law’ and ‘do things the right way,’” he wrote. “This case serves as a perfect example of immigrants doing just that.”

Under the law, we cannot discriminate solely on the basis of a person's nationality; there must be more to the banning of an entire group of people than where they were born. It is absurd; we have clients affected by this ban who fled the very regimes the US is claiming they supported...as newborns. It is illegal, cruel, and inhumane. Today, the Justice System did its job in recognizing that; hopefully, the Administration will be true to its Oath and respect the Rule of Law by immediately resuming the processing of these cases that have harmed so many.

This is not the end; this ruling could be stayed (overruled temporarily) or even reversed, but today we take the 'W' and look forward to a future with hope that this Nation of Immigrants will never forget where it came from, what made us Great, and what will make us even better - immigrants.

06/05/2026

39 Country Travel Ban Lifted!

06/02/2026

AOS Memo Update: DHS has walked back their Memo, and as INA Section 245 states, most people will indeed be able to adjust their status within the US.

“This was just a reminder to officers of their discretionary authority, which has always existed on a case-by-case basis,” a DHS spokesperson told The New York Times.

So, what does this mean? As predicted, this follows the pattern of Memos the administration has been releasing: restate existing law in the scariest terms, stretch interpretations of policy so that it is unrecognizable and likely illegal, torment immigrants and add friction to lawful processes, and hope it curbs immigration.

The timing of this memo, before the FIFA World Cup, is also suspicious (not to mention when, naturally, many students pursue marriage after graduation or people have their summer weddings planned).

While we expect increased scrutiny on this issue, we should not fear the process. ERM attorneys frequently and regularly appear at the Field Offices for interviews, and we have our finger on the pulse of all trends. Make no mistake, this is not to say we should be complacent; no, we must be respectful of the power the government wields, and the great responsibility of diligence we have to our clients. However, we ARE prepared and ready to pursue the benefits you, your loved one, or your employee is eligible for under the Law.

At ERM, we saw this coming and kept a steady hand. We will continue to keep a level head; we will "adapt and overcome."