Law Office of Vassil Nenkov

08/19/2022

Please let us know how we can attend to your immigration needs today.

12/17/2020

Please visit my website Nenkov.com for more up-to-date information.

12/17/2020

Updates on the Public Charge Rule

I-944 is back
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, including in New York, Connecticut and Vermont. The decision stays (stops) the July 29, 2020, injunction, issued during the coronavirus (COVID-19) pandemic, that prevented DHS from enforcing the public charge final rule during a national health emergency.
Also, form I-765 was recently updated and old versions are not accepted.

Benefits That May Be Considered for Public Charge Purposes
Cash assistance for income maintenance and institutionalization for long-term care at government expense may be considered for public charge purposes. Programs that provide such benefits include: 1. Supplemental Security Income (SSI) under Title XVI of Social Security Act; 2. Temporary Assistance for Needy Families (TANF) cash assistance (part A of Title IV of the Social Security Act—the successor to the AFDC program);17 3. State and local cash assistance programs that provide benefits for income maintenance (often called ‘‘General Assistance’’ programs); and 4. Programs (including Medicaid) supporting aliens who are institutionalized for long-term care e.g., in a nursing home or mental health institution).18 Past or current receipt of such cash benefits does not lead to a per se determination that an alien is either inadmissible or deportable as a public charge. Rather, such benefits should be taken into account under the totality of the circumstances test for purposes of admission/adjustment and should be considered for deportation purposes under the standards of section 237(a)(5) and Matter of B. Note that not all cash assistance is provided for purposes of income maintenance, and thus not all cash assistance is relevant for public charge purposes. For example, some energy assistance programs provide supplemental benefits through cash payments, in addition to vouchers or in-kind benefits, depending on the locality and the type of fuel needed. Likewise, cash payments could also be provided for child care assistance. Such supplemental, specialpurpose cash benefits should not be considered in public charge determinations because they are not evidence of primary dependence on the government for subsistence.
Naturalization There is no public charge test for purposes of naturalization yet. There are two narrow circumstances under which the public charge issue can arise in a naturalization case. First, the alien’s admission for permanent residence may not have been ‘‘lawful’’ pursuant to section 318 because, at the time of admission or adjustment, the alien was subject to exclusion as an alien likely to become a public charge. This would generally occur only if the Service can show that the alien withheld or misrepresented material facts relating to the public charge issue at the time of admission or adjustment. Secondly, the alien’s initial admission may have been lawful, but later the alien became deportable as a public charge, under the test described in section 3, above. This would not be a bar to naturalization unless the Service actually instituted deportation proceedings against the alien. As a practical matter, neither of these situations is likely to occur. The Service has no authority to make the repayment of public assistance a condition for granting naturalization, and officers should not request proof of repayment from applicants in connection with a naturalization adjudication
____________
NEW Naturalization test is coming on December 1, 2020-please visit https://www.uscis.gov/citizenship/2020test
In short:
Naturalization Application Filing Date Applicable Test at Initial Exam, Re-exam, or N-336
Before Dec. 1, 2020 2008 version of the civics test
On or after Dec. 1, 2020 2020 version of the civics test
What should I expect at my naturalization interview if I am taking the 2020 version of the civics test?
With the 2020 version of the civics test, the USCIS officer will ask you to answer 20 out of the 128 civics test questions. You must answer at least 12 questions correctly to pass the 2020 version of the civics test. All questions on the test are asked orally.
There are no changes to the English portion of the naturalization civics test. You must demonstrate an understanding of the English language, including the ability to read, write, and speak basic English.
Speaking: A USCIS officer will determine your ability to speak and understand English during your eligibility interview on Form N-400, Application for Naturalization.
Reading: You must read out loud one out of three sentences correctly to demonstrate an ability to read in English.
Writing: You must write one out of three sentences correctly to demonstrate an ability to write in English.

DACA for first time applicants is now on.

​

Important Updates to the Naturalization Test and New St

02/06/2020

Public charge rule is in effect as of February 24th, 2020:
The final rule at 8 CFR 212.21(b) defines a public benefit as:
Any federal, state, local, or tribal cash assistance for income maintenance, including:
Supplemental Security Income (SSI), 42 U.S.C. 1381 et seq.;
Temporary Assistance for Needy Families (TANF), 42 U.S.C. 601 et seq.;
Federal, state, or local cash benefits programs for income maintenance (often called "General Assistance" in the State context, but which also exist under other names);
Supplemental Nutrition Assistance Program (SNAP), 7 U.S.C. 2011 to 2036c;
Section 8 Housing Assistance under the Housing Choice Voucher Program as administered by HUD under 42 U.S.C. 1437f;
Section 8 Project-Based Rental Assistance (including Moderate Rehabilitation) under Section 8 of the U.S. Housing Act of 1937 (42 U.S.C. 1437f);
Medicaid, with certain exceptions, such as benefits received by individuals under the age of 21 and pregnant women (or for a period of 60 days after the last day of pregnancy); and
Public housing under section 9 of the U.S. Housing Act of 1937
A sufficient affidavit of support will not be outcome-determinative as to whether an individual is likely at any time in the future to become a public charge. Rather, to make that assessment, USCIS adjudicators will apply a complex totality of circumstances test that weighs the alien's age; health; family status; education and skills; and assets, resources, and financial status, taking into account a broad range of positive and negative factors. USCIS notes in the final rule that it interprets "likely at any time" to mean that it is "more likely than not" that the individual at any time in the future will receive one or more public benefits as defined by the rule.
One heavily weighted negative factor is an applicant's receipt of one or more of the specified public benefits for 12 or more months in the aggregate within any 36-month period, beginning no earlier than the 36 months prior to the application for adjustment of status or adjustment. Critically, however, DHS will not regard as a negative factor the receipt of specified benefits prior to the rule's effective date, with the exception of cash assistance and long-term institutionalization benefits that DHS already considers relevant to the public charge determination under current policy.
Under the final rule, DHS will also conduct a more limited public charge determination of nonimmigrants seeking a change or extension of status, by removing the future-looking requirement of the public charge determination, and only considering whether the noncitizen has received designated benefits for more than 12 months in the aggregate within a 36-month period since obtaining the nonimmigrant status they seek to change from or extend, through the adjudication of that request.
Please consult with an immigration attorney for in detail analysis.

07/25/2019

How can we help you today?

07/31/2018

US Department of Homeland Security - Portion of recent changes in Referral of Cases and Issuance of NTAs - placing applicants of other is deportation proceedings

III. Fraud, Misrepresentation, and Abuse of Public Benefits Cases
Cases presenting substantiated fraud or misrepresentation are among DHS’s enforcement priorities. Aliens falling under INA § 212(a)(6)(C), removable aliens who “have engaged in fraud or willful misrepresentation in connection with any official matter or application before a governmental agency,”13 and removable aliens who have abused any program related to receipt of public benefits are all priorities for removal.14
When fraud, misrepresentation, or evidence of abuse of public benefit programs is part of the record,15 and the alien is removable, USCIS will issue an NTA upon denial of the petition or application, or other appropriate negative eligibility determination (e.g., withdrawal, termination, rescission). An NTA will be issued against such a removable alien, even if the petition or application is denied for a ground other than fraud, such as lack of prosecution or abandonment, the application or petition is terminated based on a withdrawal by the petitioner/applicant, or where an approval is revoked, so long as the alien is removable and USCIS has determined there is fraud in the record.
USCIS may consider referring groups of cases with articulated suspicions of fraud to ICE prior to adjudication. USCIS will not refer to ICE individual applications or petitions involving suspected fraud, except as agreed upon by USCIS and ICE. When USCIS refers a case to ICE for investigation, USCIS will suspend adjudication for 60 days, but they may resume the administrative process should ICE not respond within that timeframe or provide a Case Closure Notice or case status report within 120 days of accepting the referral. USCIS will ensure proper de-confliction with ICE throughout its administrative process.
While the NTA is not required to include the charge of fraud or misrepresentation (INA §§ 212(a)(6)(C)(i) and/or (ii), 237(a)(1)(A), 237(a)(1)(G), or similar charge), efforts should be made to include these charges whenever evidence in the record supports such a charge. Please consult with USCIS counsel if there are questions determining whether to include a charge of fraud or misrepresentation.

09/20/2016

Please be advised that Attorney Nenkov is primarily in court during the day and will be in the office as per scheduled appointments. Please make an appointment if you want to see him. Appointments are available early in the morning and late afternoon for everyone's convenience. Thus, you do not have to miss work or hire a babysitter. Children are welcome at your appointments. Our phone number is 508-822-8785

12/09/2011

Memories, memories, they are flying around
Looking for happiest, but it’s hard to be found
Joy is a choice which doesn’t fly like a bird
When living for Jesus and not for the world

10/10/2011

We speak Bulgarian, Portuguese and Spanish. We provide translations and apostle 9if needed) of official documents in Bulgarian language.

10/10/2011

Nosotros hablamos portugues e español y tenemos experiencia con las comunidades latinas, brasilenas, y portuguesas.