Temporary Block on Immigrant Health Insurance Requirement

President Trump’s October 4th Proclamation has been temporarily blocked by a federal judge.  If allowed, it would require those seeking U.S. visas to obtain approved health insurance within 30 days of entry if they are not able to cover their own healthcare expenses. Judge Michael Simon, a Federal District Judge in Portland, Oregon, issued a nationwide temporary restraining order on Saturday, November 2, the day before the Proclamation was set to go into effect.  This order will prohibit the government from implementing the Proclamation for 28 days. During this time, the plaintiffs (seven U.S. citizens and a nonprofit group, Latino Network) and the defendants (various governmental agencies and officials)  will argue on whether the court should issue a preliminary injunction, which would block the Proclamation from becoming effective until the lawsuit has been completely resolved. In this suit, the plaintiffs are challenging the legality of the Proclamation, and if the judge issues a preliminary injunction, the Proclamation will be suspended until the judge makes the ultimate decision on whether the Proclamation is legal or illegal. This temporary restraining order comes weeks after a series of Federal Court decisions to temporarily block the Department of Homeland Security’s amended public charge rule from becoming effective. […]
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Presidential Proclamation to Block Entry for Uninsured Immigrants

On October 4, 2019, President Trump issued a proclamation that will require legal immigrants to gain approved health insurance coverage within 30 days of their entry to the U.S, unless they can prove that they are in a financial position that allows them to cover their own foreseeable medical expenses...
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Breaking News: Updates on the New Public Charge Rule

On October 11, 2019, three federal courts prevented the Department of Homeland Security (DHS) and the United States Citizenship and Immigration Services (USCIS) from implementing the new DHS Public Charge final rule. The rulings came from...
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New Public Charge Rule Effective Soon

The Department of Homeland Security (DHS) issued the final public charge rule last month, and it will go into effect this coming Tuesday, October 15, 2019. With this new change, individuals who are likely to rely on public benefits while in the U.S. could be denied either admission to the country or an adjustment of status to lawful permanent resident...
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Preparing for Your Marriage-Based Green Card Interview

Obtaining lawful permanent resident status by marriage to a U.S. citizen is a multi-step process. The first step of the marriage-based Green Card process involves the filing of Form I-130, Petition for Alien Resident, by the U.S. Citizen spouse...
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First Time Entry with An Immigrant Visa

Whether you are pursuing a marriage based green card, immigrating for your work, or being sponsored by a family member, obtaining a visa to enter the United States can be a time-consuming, stressful, and frustrating process. Every step of the way...
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Case Study: Same-Sex Couple Successfully Obtains Green Card

[catlist id=283 numberposts=-1] Recently, one of Berardi Immigration Law’s longtime clients expressed interest in obtaining his Green Card. Our client, a Canadian citizen and L-1 status holder, had just married his U.S. citizen partner of more than five years. As there are different pathways to obtaining a Green Card, Managing Partner Rosanna Berardi discussed the client’s options with him to find the best fit. When obtaining a Green Card, there are typically two pathways. The first, Adjustment of Status, can only be filed if the foreign national spouse is already residing in the United States. The foreign national is also generally unable to leave the U.S. for the first 60 to 90 days of the pending application until they receive what is known as Form I-131 Advance Parole, commonly referred to as the Travel Document. Adjustment of Status, which can be filed with the I-130 Petition for Alien Relative concurrently, is a much quicker route with typical processing times between four and six months. The other option, Visa Processing, is for a foreign national spouse currently living abroad. Visa Processing, unlike Adjustment of Status, is a two-step process. The I-130 Petition for Alien Relative must first be filed with USCIS […]
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