U.S. Immigration News

USCIS Announces Online Self-Service Tool to Reschedule Biometric Services Appointments

On June 28, 2023, USCIS announced an online self-service tool to reschedule biometric services appointments. This can be done through my.uscis.gov online accounts by benefit requestors, their attorneys, or their representatives for individuals who filed on paper or online applications.

USCIS outlines the following process to make those requests, "To use the biometric services appointment rescheduling tool, individuals who have good cause to reschedule must first create a USCIS online account (if they do not already have one) and visit my.uscis.gov before their scheduled appointment date. The individual must:

• Select the Biometric Rescheduling option;
• Follow the on-screen instructions to reserve a new appointment time and/or appointment location;
• Choose a method (email or SMS message) to receive a confirmation message once a printable copy of the new appointment notice is available; and
• Print the new appointment notice to bring to the application support center (ASC).

Each person must then bring the printed new appointment notice along with a valid, unexpired photo identification (for example, Form I-551, Permanent Resident Card (also known as a Green Card), passport, or driver’s license) or other identity documentation as authorized by USCIS to the appointment. If the applicant has more than one biometric services appointment notice, the applicant should bring all notices to the ASC appointment. A printed copy of an appointment notice is required by the Executive Office of Immigration Review (EOIR) and ASCs will not accept electronic copies of notices."

They have also provided a Policy Manual Update to explain when untimely requests or missed appointments will be considered for rescheduling appointments.

They state that "Good cause exists where the request to reschedule provides a sufficient reason for the benefit requestor’s inability to appear on the scheduled appointment date. Sufficient reasons for “good cause” may include, but are not limited to:

• Illness, medical appointment, or hospitalization;
• Previously planned travel;
• Significant life events such as a wedding, funeral, or graduation ceremony;
• Inability to obtain transportation to the appointment location;
• Inability to obtain leave from employment or caregiver responsibilities; and
• Late delivered or undelivered biometric services appointment notice."

In addition, they have provided specific circumstances where biometrics appointments can still be rescheduled via contacting the USCIS contact center. Stating, "You must still call the USCIS Contact Center to reschedule an appointment if:  

• The request is within 12 hours of your existing appointment time;
• This is the third attempt to reschedule the same appointment;
• The request is for a missed appointment; or
• The tool is unavailable due to technical reasons."

Published April 3, 2023

As of March 31, 2023, USCIS has updated its guidance on selecting gender markers on its forms and documents. Previously, individuals were required to indicate their gender based on their legal documents, but effective immediately, USCIS will allow individuals requesting immigration benefits to self-identify their gender marker. The selected gender will not be required to match the gender marker from their supporting documentation, and no additional documentation will be required. However, this does not apply to Form N-565, Application for Replacement Naturalization/Citizenship Document.

USCIS has indicated that currently, the only gender markers available are “Male” and “Female,” but The U.S. Department of Homeland Security (DHS) is actively working on adding an “X” marker “for another or unspecified gender identity.” Once that has been updated, USCIS will update its forms.

On Jan 3, 2023, USCIS proposed a fee increase, including increased pricing for many applications and petitions. The reason for these fee changes is that application fees fund the majority of USCIS's financial needs for operation. It has been announced that these proposed fee increases are meant to help USCIS “more fully recover its operating costs, reestablish and maintain timely case processing, and prevent the accumulation of future case backlogs.”

It is important to note that at this point, these increases are only in the proposal stage and are currently undergoing a 60-day comment period. During this time, the public can submit comments and feedback on the proposed fees. Following the comment period, USCIS will review the comments and make adjustments before finalizing the fee schedule.

How does this impact intending immigrants?

If approved, the proposed fee changes would significantly increase the cost of immigration for the majority of applicants. 

Here is a list of some of the ways fees could change if this proposal is approved: 

1. The filing fee for Form I-130, Petition for Alien Relative, would increase from $535 to $820, 
2. The Filing fee for Form I-485, Application to Register Permanent Residence or Adjust Status, would increase from $1225 to $1540. 
3. USCIS would start requiring separate filing fees for Form I-131 and Form I-765 filings, even when filed concurrently with Form I-485. 
4. The reduced fees for children filing with parents would be done away with, increasing costs for families that adjust status together.

USCIS also proposes significant increases to fiance visa applications, removal of conditions applications, naturalization applications, and many other petitions and applications. For more information on all of the proposed changes, see USCIS’s FAQ page and the Proposed Rule. 

Please note that this proposed rule intends on preserving the existing fee waiver eligibility for low-income and vulnerable populations. It also proposes the addition of new fee exemptions for certain humanitarian programs. 

What is the USCIS timeline for the fee change?

The USCIS 60-day comment period began on January 4, 2023, and will end on March 6, 2023 (This comment period has now been extended to March 13th, 2023). After the period, they will still have to (1) finalize their updates based on the comments and (2) release the final information. While this finalization period can vary in length, the changes could go into effect anytime from April 2023 or beyond.

How can SimpleCitizen help you?

At SimpleCitizen, we understand that potential fee changes can add additional stress to the already stressful immigration process. While these fees have yet to be implemented and may change, they may significantly impact applications. Start your application today so you can have the peace of mind that no matter what fee increases occur, you have time to submit before their finalization!

Published April 3, 2023

As of March 31, 2023, USCIS has removed the rule requiring the civil surgeon’s signature on Form I-693 to be completed no more than 60 days before the applicant submits the underlying immigration application, including Form I-485, Application to Register Permanent Residence or Adjust Status.

With the removal of this rule, applicants can now submit medical exams with their underlying application, even if the civil surgeon signed the exam more than 60 days before the submission. The medical exams, Form I-693, will now only be subject to their 2-year validity period from the time of signature to adjudication by USCIS. 

USCIS states that “This policy update will allow USCIS to adjudicate cases with immigration medical examinations that would previously have been considered invalid. Rather than issuing Requests for Evidence (RFEs) for Form I-693 signed more than 60 days before the filing of the I-485, but otherwise valid, we will be able to accept these Forms I-693 for adjudicative purposes for up to 2 years after the date the civil surgeon signed the form.”

Dated: December 5, 2024

Dec 2, 2024 Update: While USCIS previously allowed Form I-485 to be submitted without a complete Form I-693, Report of Immigration Medical Examination and Vaccination Record, they changed that rule as of December 2, 2024, and now require that adjustment of status applicants submit the medical exam at the time of submission of Form I-485.

On December 14th, 2022 USCIS informed the American Immigration Lawyers Association (AILA) of their recommendation that green card applicants filing form I-485 file, Application to Register Permanent Residence or Adjust Status, also file Form I-693, Report of Medical Examination and Vaccination Record, along with their application. 

While applicants do have the option to file the I-693 either with the initial application or at a later point as requested by USCIS, this new recommendation to file it with the initial application is given due to USCIS’s expansion of potential interview waivers for family-based application. By including the completed medical examination with the I-485 filing, applicants will reduce the risk of receiving a Request for Evidence for the I-693 if USCIS chooses to waive their interview. 

USCIS has not provided the methods that they use in determining whether a case’s interview will be waived. 

Information retrieved from AILA Doc No. 22121452

Last updated May 5, 2021.

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Joseph R Biden Jr was inaugurated as the 46th president of the United States on January 20, 2021. Since then we’ve seen significant changes and expect to see further improvements in immigration law. There are a number of actions that the Biden-Harris administration has proposed to improve the immigration system.

Family Separation:

They will end family separation at the border and reunite children with their parents. They will not use a zero-tolerance policy as an intimidation tactic.

Asylum

They will open more access to asylum. They will do this by expanding the meaning of persecution, or the grounds on which to seek asylum. For example, they want to extend protections to LGBTQ+ individuals. They also want to end the Migrant Protection Protocols, which forced individuals awaiting asylum cases to go back to their home countries while their cases are being processed. Furthermore, they will make sure that asylum applications are processed efficiently and with less limitations.

They will end prolonged detention, especially of children. They want to develop alternatives to detention, such as case management programs. These allow individuals to exit detention but continue to move through the legal system.

They want to send more resources to the border. Specifically, they want to work with private and public organizations that help asylum seekers at the border, such as those who provide shelter or legal aid. They will focus on working with established non-governmental organizations and other asylum/refugee assistance agencies.

Public Charge

On March 9, 2021, the 2019 Public Charge Rule was terminated. USCIS is no longer accepting or requiring Form I-944, Declaration of Self-Sufficiency. The Biden administration saw the public charge rule as having added more roadblocks to immigration when individuals had to use public assistance such as SNAP or Medicaid. They want to allow individuals to use these services if they need them and still enjoy family reunification.

DACA

They want to protect DREAMers and their families. The ultimate goal is to provide a path to citizenship for DREAMers and their families, but for now, they will introduce protections. On January 20, 2021, President Biden issued a Presidential Memorandum entitled, “Preserving and Fortifying Deferred Action for Childhood Arrivals (DACA)” (“The Memo”).  USCIS is accepting first-time requests for DACA as well as renewals.

They will expand economic help for DACA students, such as access to federal student aid, community college without debt, and investment in minority colleges such as HBCUs.

Refugees and Representation

The Biden administration will rescind travel and refugee bans. They will not ban individuals based on their religion or the color of their skin. They will direct visa and other immigration applications to be re-opened from regions which previously saw immigration halts.

They will review the Temporary Protection Status (TPS) and the Deferred Enforced Departure (DED) programs. They will make sure individuals who qualify for these programs are not returned to their home countries. They also hope to provide a path to citizenship to those TPS/DED individuals who have been in the United States for a long time. They have added the new TPS rules.

They will restore sensible immigration enforcement. They will focus enforcement on those migrants who pose a threat to public safety. Those who are in detention will see due process and other civil rights defended. There will be no workplace raids, or raids in other areas where individuals are vulnerable (such as hospitals, schools, and churches).

They will enforce better standards for Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) officers. They will receive more training and be required to be more transparent, and they will also receive independent oversight.

ICE will replace the word “illegal alien“ with “undocumented” and “integration” will replace “assimilation”.

They will protect those migrants who have served in the military. They will not be targeted for deportation, and those who have been deported will be paroled back to the United States and be reunited with their families and military service.

They want to give representation to non-citizens. They will do so by counting any individual living in a certain State at the time of the Census, regardless of immigration status.

Citizenship

They will improve the naturalization process. They will improve and streamline it by addressing the backlog. They hope to prioritize better adjudication (or decision making) systems, make processing quicker, and get rid of unreasonable filing fees.

They will revitalize the Task Force on New Americans. They will prioritize integration, entrepreneurship, and civic engagement and provide resources and training for language learning, financial management, workplace skills, and guidance on the naturalization process.

Finally, they hope to convene a meeting with regional leaders (from countries such as Canada, Mexico, Guatemala, El Salvador, and Honduras). These leaders will build a multi-national plan to address and alleviate factors driving immigration between the countries.

Joe Biden will focus on building bridges for immigrants and refugees to access the opportunities that the United States has to offer. He believes that immigrants are an integral part of this nation. He has emphasized that past Trump administration policies have hurt immigrants, and he hopes to return to policies that help them.  

Updated: Oct. 1, 2020

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On Tuesday night (9/29/2020), a federal judge in California temporarily blocked U.S. Citizenship and Immigration Services (USCIS) from increasing their fees.

In July, USCIS announced they would be increasing green card, citizenship, and other fees to “meet operational needs”. The fee increases were significant compared to previous fee increases implemented by USCIS, averaging 20 percent across all applicaiton types. According to the Immigrant Legal Resource Center, the changes included a new $50 fee for asylum applications, limited fee waivers and changed the criteria for fee waiver eligibility, and charged separate fees for Forms I-765 and I-131 when filed with Form I-485, which is more than a 60 percent increase.

In Tuesday’s opinion, Judge Jeffrey White of the United States District Court for the Northern District of California questioned the reasoning behind these fee increases. USCIS has not provided data to show why their financial situation has become so dire. The court agreed with the plaintiffs that the fee increases seem to be based on arbitrary and capricious arguments. 

The court also questioned the legality of the fee increases as The Department of Homeland Security (DHS) does not have a Senate-confirmed secretary. The acting director of DHS, Chad F. Wolf, and previous acting director, Kevin McAleenan, were both appointed unlawfully under the Homeland Security Act and as such, they did not have the authority to issue the rule changes USCIS set forth as its final rule. The court concluded that the public has an interest in avoiding executive overreach and that appointments required informed consent of the Legislative branch. 

In his ruling, Judge White also cited humanitarian protections for low-income and vulnerable immigrants. The fee increases would “expose those populations to further danger” he wrote.

The court’s injunction took effect immediately Tuesday night, so USCIS fees will not increase in the short term. However, the Trump administration will likely appeal the court’s decision.

This article is updated as new information regarding the impact of COVID-19 on immigration is released.

October 1, 2021

Effective Oct. 1, 2021, applicants subject to the immigration medical examination must be fully vaccinated against COVID-19 before the civil surgeon can complete an immigration medical examination and sign Form I-693, Report of Medical Examination and Vaccination Record. This guidance applies to Form I-693 signed by civil surgeons on or after Oct. 1, 2021.

September 14, 2021

USCIS announces the COVID-19 vaccine will be required in order to complete the medical exam. Form I-693 to be updated shortly after.

August 2, 2020

A court issued an injunction against USCIS use of Form I-944, Declaration of Self-Sufficiency due to COVID-19 and its impact on the global economy. USCIS will not require submission of Form I-944 until further notice.

July 14, 2020

The policy which was put in place to required F-1 students taking classes online due to COVID to leave the United States was rescinded.

July 6, 2020

Student and Exchange Visitor Program (SEVP) announces that students taking online courses in the fall will not be allow to remain in the US during that time. This policy was later rescinded on July 14, 2020.

June 4, 2020

Certain USCIS field offices begin reopening. Appointments which were previously scheduled and cancelled will begin to be rescheduled.

May 1, 2020

USCIS issues an announcement that all responses to Requests for Evidence (RFE) and Notice of Intent to Deny (NOID) dated between March 1 and September 11, 2020 will be given an extension of 60 days from the date previously set to be due.

April 24, 2020

USCIS has announced that all routine in-person services have been suspended until at least June 4th, 2020, but has continued to fulfill roles that do require public interaction.

USCIS will provide emergency services for limited situations. To schedule an emergency appointment contact the USCIS Contact Center.

April 23, 2020

The executive order will not apply to:

• Temporary visas (student visas, H1-B visas, etc.)
• Green card applicants filing from within the United States (“adjustment of status“)
• Spouses or minor children of U.S. citizens
• Special Immigrant Visas or EB-5 (“immigrant investor”)

It will affect:

• Spouses of legal permanent residents (green card holders) filing from abroad (consular processing). Spouses and minor children of U.S. citizens filing abroad are exempt.
• Siblings, parents, and adult children of U.S. citizens filing from abroad.

April 3, 2020

U.S. Immigration and Customs Enforcement (ICE) released updates on their response to COVID-19. They stated that, “Detainee access to legal representatives remains a paramount requirement and should be accommodated to the maximum extent practicable. Legal visitation must continue unless determined to pose a risk to the safety and security of the facility”. In addition, where possible non-contact legal visitation should be offered. If it is determined that in-person visitation be necessary it will be permitted.

April 1, 2020

USCIS has announced that all routine in-person services have been temporarily suspended until at least May 3rd, 2020, but has continued to fulfill roles that do require public interaction. USCIS will provide emergency services for limited situations. To schedule an emergency appointment contact the USCIS Contact Center.

What this means for pending applications: No biometric appointments or interviews are currently being held. In cases where a biometrics is required and still incomplete that means that applications for work and travel authorization are not being processed at this time. Currently cases that require an interview will also remain pending until an interview can be scheduled.

March 30, 2020

USCIS announced that extension requests will reuse previously submitted biometrics in order to continue processing Employment Authorization Document (EAD) renewals.

March 27, 2020

USCIS issues an announcement that all responses to Requests for Evidence (RFE) and Notice of Intent to Deny (NOID) dated between March 1 and May 1, 2020 will be given an extension of 60 days from the date previously set to be due.

March 21, 2020

Policies between the United States and both Canada and Mexico go into place. These policies restrict non-essential travel across both borders. Travel will be permitted for matters such as work, school, and healthcare.

March 20, 2020

USCIS announces that they will accept all forms and documents with reproduced signatures dated March 21, 2020 and beyond. 

 U.S. Citizenship and Immigration Services today announced that, due to the ongoing COVID-19 National Emergency announced by President Trump on March 13, 2020, we will accept all benefit forms and documents with reproduced original signatures, including the Form I-129, Petition for Nonimmigrant Worker, for submissions dated March 21, 2020, and beyond. Keep copies of all original documents with signatures in case called upon to present them to USCIS as a later date.

Marcy 17, 2020

 USCIS has announced that all routine in-person services have been temporarily suspended until at least April 1, 2020, but has continued to fulfill roles that do require public interaction. USCIS will provide emergency services for limited situations. To schedule an emergency appointment contact the USCIS Contact Center.

What this means for pending applications: No biometric appointments or interviews are currently being held. In cases where a biometrics is required and still incomplete that means that applications for work and travel authorization are not being processed at this time. Currently cases that require an interview will also remain pending until an interview can be scheduled.

March 13, 2020

USCIS announced that seeking treatment for COVID-19 will not negatively impact immigrants under public charge.

Travel restrictions to the US are put into place from two dozen European countries. This restriction does not apply to US citizens and  permanent residents, their spouses, their unmarried siblings under 21, and their children.

* March 14th Ireland and England are added to list of restricted travel.

Last Updated: January 15, 2020.

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Recently, the Trump administration changed a policy that places foreign nationals under advanced scrutiny.

If a foreign national takes any actions within 90 days of entering the country that are not compliant with his/her visa status, it will likely be presumed that they willfully made a misrepresentation about their motives for entering the country.

This new rule is called the 90-day rule and it replaces the 30/60-day rule. It marks a small yet significant change in immigration policy.

The change became official on September 1, 2017, when the Department of State updated the Foreign Affairs Manual (FAM). It is important to note the rule is not a statute, nor is it an official regulation; it is better seen as an advisory principle created to help consular officers if a subsequent violation of visa status qualifies as a “ willful misrepresentation” in the initial visa application.

The new rule is found in 9 FAM 302.9-4. To better understand the significance of this rule and the recent change, let’s take this rule section-by-section.

9 FAM 302.9: Discusses some of the many reasons aliens can be inadmissible for various reasons

So the FAM is a extensive handbook Department of State officials use to, among other things, make immigration decisions. Chapter 9 of the FAM deals with visas. Section 302 outlines all the myriad ways an alien can become ineligible for a visa. Section 302.9 outlines the reasons aliens can be ineligible for entry under INA 212(a)(6).

The INA is the Immigration and Nationality Act. It is codified in §1182 of the United States Code, which is basically a very large book containing all the laws of the U.S. INA 212(a)(6)(C) says:

Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this chapter is inadmissible.

In layman’s terms, this means anyone who has lied — or willfully misrepresented — about something important — a material fact — in a visa application may not receive a visa.

To mere people like ourselves, it may seem like common sense is all that is needed to determine whether something is a “misrepresentation.” However, when money and people's lives are on the line, “common sense” doesn’t cut it. That’s why the State Department wrote a whole section on how to determine whether an action is a “misrepresentation.” That section is 9 FAM 302.9–4.

9 FAM 302.9-4(B)(1): Provides four criteria for finding a misrepresentation

9 FAM 302.9-4 discusses reasons for an alien’s inadmissibility due to a misrepresentation. 9 FAM 302.9-4(B)(1) outlines four criteria required for finding misrepresentation. For an alien to be inadmissible because of a misrepresentation it must be determined that:

1. There has been a misrepresentation made by the applicant;
2. The misrepresentation was willfully made;
3. The fact misrepresented is material; and
4. The alien by using fraud or misrepresentation seeks to procure, has sought to procure, or has procured a visa, other documentation, admission into the United States, or other benefit provided under the INA.

In plain English, the misrepresentation must be made by the person applying for the visa, it must have been done willfully, it must have been about something important, and it must have been for purpose of obtaining a visa or other benefit.

Let’s see what each of these criteria entail.

(B)(3): Defining misrepresentation

Section (B)(3) defines “misrepresentation.” First, it provides a basic definition: a misrepresentation is an assertion or manifestation not in accordance with the facts. Misrepresentation requires an affirmative act taken by the alien. A misrepresentation can be made in various ways, including in an oral interview or in written applications, or by submitting evidence containing false information.

Let’s look at this more closely.

a misrepresentation is an assertion or manifestation not in accordance with the facts. This provides for a broader definition than a lie — a lie being a false statement made with the intention to deceive — this encompasses a statement that was purposefully made, that is untrue, but was not made with the intent to deceive. As is discussed below, a misrepresentation must be made willfully, which means its lower limit is set somewhere above a mere mistake. Additionally, (B)(2) defines the upper limits of misrepresentation: it is something less than fraud. Fraud must be shown by evidence of the intent to deceive and an officer must actually believe the lie.

Misrepresentation requires an affirmative act taken by the alien.This statement differentiates between a statement and a silence. Here, silence, or failure to volunteer information, does not by itself amount to a misrepresentation.

A misrepresentation can be made in various ways, including in an oral interview or in written applications, or by submitting evidence containing false information.This statement suggests a few additional points. The misrepresentation must be made by the alien — or the aliens agent or attorney so long as the alien was aware of the action. The misrepresentation must be made before a U.S. Official, which means it could be made orally or in written form most likely before a consular officer or a Department of Homeland Security officer. The misrepresentation must be made on the alien’s own application, not in regards to someone else’s application.

It should be noted that a “timely retraction” could remedy the misrepresentation. Timeliness depends on the circumstances of the particular case; a retraction should be made at the first opportunity to be safe.

(B)(3)(g): States that activities that are inconsistent with an alien’s visa status are a red flag.

(B)(3)(g) dives into a tricky topic, one that is at the center of the 90-day rule: activities inconsistent with visa status. It states: In determining whether a misrepresentation has been made, some of the most difficult questions arise from cases involving aliens in the United States who conduct themselves in a manner inconsistent with representations they made to consular officers concerning their intentions at the time of visa application or to DHS when applying for admission or for an immigration benefit. Such cases occur most frequently with respect to aliens who, after having obtained visas as nonimmigrants and been admitted to the United States, either: Apply for adjustment of status to lawful permanent resident; or fail to maintain their nonimmigrant status (for example, by engaging in unauthorized study or employment).

This passage states that immigration officers are sometimes faced with the difficult task of interpreting an alien’s inconsistent behavior. Oftentimes this occurs when an immigrant applies for lawful permanent residence or fails to maintain her nonimmigrant status.

Since it’s difficult for immigration officers to know what to do in this case, the Administration created the 90-day rule.

(B)(3)(g)(2) & (3): Shows when the 90-day rule should be used

The 90-day rule is mostly about a legal concept called presumption. A presumption is an idea that is taken to be true, and often used as the basis for other ideas, although it is not known for certain. It’s similar to an assumption but not quite as strong. It is most easily exemplified in the phrase “innocent until proven guilty.” In murder trials in the U.S., a suspect is presumed innocent until proven guilty. That means it is the prosecution’s job to prove the defendant is guilty, not the defendant’s job to prove that she is innocent.

It is the same case here: an alien that behaves inconsistently with the representations made in her visa application is presumed to have made the representations not willfully — unless those inconsistent actions are made within 90 days of her entry into the U.S. This is because if inconsistent action is taken so quickly after arriving in the U.S. it is arguably likely the alien lied about her intentions for coming in the first place.

Previously, under the 30/60 day rule, if an alien made inconsistent actions within 30 days of entry, the misrepresentations made in her application were presumed to be willful. Now, under the 90-day rule, that time period has been extended from 30 days to 90 days. As the names imply, that is the primary substantial change made to the rule.

The new rule states:However, if an alien violates or engages in conduct inconsistent with his or her nonimmigrant status within 90 days of entry . . . you may presume that the applicant's representations about engaging in only status-compliant activity were willful misrepresentations of his or her intention in seeking a visa or entry.

The rule also requires the immigration officer to request an advisory opinion on the case.

So, if inconsistent conduct is made, the presumption shifts against the alien, and the alien now has the responsibility to prove she did not make the misrepresentations willfully.

The section continues to list some specific conduct that would be inconsistent or in violation of an alien’s nonimmigrant status:

• Engaging in unauthorized employment;
• Enrolling in a course of academic study, if such study is not authorized for that nonimmigrant classification (e.g. B status);
• A nonimmigrant in B or F status, or any other status prohibiting immigrant intent, marrying a United States citizen or lawful permanent resident and taking up residence in the United States; or
• Undertaking any other activity for which a change of status or an adjustment of status would be required, without the benefit of such a change or adjustment.

So, becoming employed, enrolling in school, marrying a citizen, or doing other activities that require an adjustment of status could put an alien at risk of coming under the 90-day rule.

If inconsistent conduct only occurs after 90 days have passed, then the presumption does not shift against the alien.

(B)(4) & (5): Defines “willfully” and “material fact”

For an alien to be inadmissible under INA §212(a)(6), which the 90-day rule applies, she must make a misrepresentation willfully. Willful is a definable legal concept and the FAM states:

In order to find the element of willfulness, it must be determined that the alien was fully aware of the nature of the information sought and knowingly, intentionally, and deliberately made an untrue statement.

In other words, the alien must knowingly make the untrue statement, which is notably different from making an untrue statement with intention to deceive.

The misrepresentation must also be material. Materiality, like willfulness, is another legal concept. In this case a misrepresentation is material if:

• The alien would have been inadmissible if the true facts were revealed, or
• The misrepresentation cut off a line of questioning that would have lead to the determination that the alien was inadmissible.

So, in other words, most topics an applicant might have an interest in hiding are material.

Key Takeaways

For aliens submitting visa applications: Do not lie about your motives for application. For visiting aliens interested in changing your status: Do so very carefully, probably only after 90 days have passed since your entry.

Last Updated: January 15, 2020.

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The Trump administration is carrying out a change to immigration policy, commonly known as the Travel Ban. This update aims to prohibit entry of nonimmigrants and immigrants who are nationals from 8 countries; Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela, Yemen. Each country has its own set of specific restrictions. Instead of a 90-day vetting period like the first version, this ban is basically indefinite. To break it down, the new update is being carried out in two phases. September 24, 2017 marked the beginning of phase 1 and phase 2 will start on October 18. Trump administration announced that the update does not apply to refugees, but they will have a separate policy regarding refugees from these 8 countries forthcoming. We'll pinpoint the takeaways from this ban for those who may be affected in any way. Before we delve in, it helps to understand why these new regulations exist.

This new order, compared to its predecessors, takes on an even longer name: "Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or other Public-Safety Threats".

"Making America Safe is my number one priority. We will not admit those into our country we cannot safely vet" - Donald J. Trump, Sept 24, 2017

Essentially, this newer order follows up or implements the next step to version 2 from back in March. Previously, the Department of Homeland Security (DHS) conducted a worldwide review using a set of criteria to evaluate each foreign countries' information-sharing practice, policies, as well as each governments' stability and capabilities. At the end of this review, the Trump administration blacklisted 8 countries whose information sharing practices were deemed "inadequate" or otherwise the president has "special concerns" toward. The travel ban has significant ramification for United States' diplomatic relationship on the international level, but let's take a look at what it means to the individuals who are these countries nationals.

According to this Travel Ban update, "U.S. embassies and consulates will deny visas to most cases from the 8 blacklisted countries, with few exceptions that will require extensive screening and vetting process.

• Chad: No immigrants or diversity visas will be issued; No nonimmigrants visas B-1, B-2, and B-1/B-2 will be issued; as of September 24, "bona fide relationship" exception is no longer acceptable. **Quick refresher, "bona fide relationship" extends to those who have close family members who are U.S. citizens such as parents, parents-in-law, spouses, fiancé or fiancee, child, adult son or daughter, son or daughter-in-law, sibling, brother or sister-in-law, grandparent, grandchild, aunt, uncle, niece, nephew, first-cousin, and for all listed relationships, half or step relationships is included.
• Iran: No immigrants or diversity visas will be issued; no nonimmigrant visas except F, M, and J student visas; during phase 1 (from September 24, 2017 to October 17, 2017), the "bona fide relationship" exception still applies and ends when phase 2 (October 18, 2017) starts.
• Libya: No immigrants or diversity visas will be issued; No nonimmigrant visas B-1, B-2, and B-1/B-2 will be issued; During phase 1 the "bona fide relationship" exception is still accepted, but it ends when phase 2 starts.
• North Korea: No immigrant, nonimmigrant, or diversity visas will be issued. No "bona fide relationship" exception accepted.
• Somalia: No immigrant or diversity visas; nonimmigrant visas face no restriction. During phase 1 the "bona fide relationship" exception is still accepted, but ends when phase 2 starts.
• Venezuela: No immigrant visa restrictions; No nonimmigrant visas B-1, B-2, and B-1/B-2 will be issued for officials and their immediate family members from the following government agencies: Ministry of Interior, Justice, and Peace; the Administrative Service of Identification, Migration, and Immigration; the Corps of Scientific Investigations, Judicial and Criminal; the Bolivarian Intelligence Service; and the People's Power Ministry of Foreign Affairs.
• Yemen: No immigrants or diversity visas will be issued; No nonimmigrant visas B-1, B-2, and B-1/B-2 will be issued. During phase 1 the "bona fide relationship" exception is still accepted, but ends when phase 2 starts.

From these countries, any individual who may be able to obtain a visa will still have to face extensive screening and vetting process upon entering the United States.

How will these new restrictions affect issued visas or currently processing visas?

• If you've already obtained a visa, then your visa is safely yours. The new order specified that no visas issued before its effective date will be revoked. Therefore, if you've obtained a valid visa but have yet to enter the United States, then the restrictions do not apply to you.
• If your visa expires after the effective date, then you will not be able to renew your visa if your case is under the restrictions.
• If your visa is currently in the works, then here are the specifics:
  • First, the Trump administration has stated that it won't cancel previously scheduled visa application appointments.
  • Second, it's up to the consular officer to determine if the course of interview whether an applicant's case is exempt from the new restrictions, be eligible for a waiver, or falls under the 2 phases of restrictions.
  • Third, The National Visa Center (NVC) continues to work on cases that are in process, so applicants should still pay their fee, complete all necessary forms, and submit the paperwork to the NVC.
  • For those who are currently applying for the K (fiancé) visa, the NVC is expediting all I-129F petitions. Once the petition and case files are processed, the embassy or consulate will contact you to schedule an interview.
• If you recently had an interview at a U.S. Embassy or Consulate, but your case is still being considered:
  
  • Make sure you've sent in all missing documents and completed any of the administrative processing. The embassy or consulate where you were interviewed will contact you. It's still up to the consular officer to determine the status of your case.
  • Following the two phases of implementation, all bona fide cases both familial relationship and relationship with an entity will only be available during the first phase. After the second phase starts, the bona fide relationship exception will be no longer available.

Sponsoring family members for an immigrant visa

While the Trump administration's new travel ban is underway, the Supreme Court was originally scheduled to hear arguments on President Trump’s travel ban on October 10, 2017 but cancelled it immediately.