Mirada Magazine April 2020

Immigration
8
How will COVID-19 affect my
immigration case?
The COVID-19 pandemic has changed the world, and making
more changes every day. We are all changing along with it.
There are new worries and stresses, and no one knows when
it will all end.
When it comes to immigration, the processes are also changing
along with this new world. But there is a lot of good news.
Immigration processes are still moving forward. Your case
might even get some extra help because of COVID-19.
Por J.J. Despain
The most noticeable change is that currently all offices of
the U.S. Citizenship and Immigration Services (“USCIS”) are
closed for interviews and appointments. That means all
biometrics appointments, green card interviews, naturalization
interviews, and naturalization ceremonies are postponed and
will eventually be rescheduled. USCIS put all these in-person
services on hold until May 3. We will see if that is extended even
longer.
Similar rules apply to U.S. embassies and consulates, as well as
the immigration courts. (Pay close attention to court notices in
the mail—you definitely do not want to miss a hearing.)
Even though these in-person services are delayed, others are
not. Applications are still being accepted and processed. There
is no reason to wait to submit a petition or an application. In
fact, now is a good time to begin, so that you can make as much
progress as possible before an interview.
USCIS also announced extra assistance for cases during this
pandemic. For example, if USCIS requested more evidence for
your application and gave you a due date to respond, that date
is automatically extended to 60 more days.
What about the public charge rule? Many of us have more need
for government benefits than before. If you apply for benefits
because of the pandemic, will it hurt your immigration case?
It depends, but generally the answer is no. Medicaid benefits
used for COVID-19 testing or treatment will not count as a
public benefit. Other benefits still count, but explaining that
the benefits were requested because of the pandemic will
make that factor less negative when USCIS makes its decision.
Be prepared to show USCIS, if not for the pandemic, you
would not be “primarily dependent on the government for
subsistence.”
Talk with an immigration attorney to learn how the COVID-19
pandemic affects your particular immigration situation.
There is still hope and success waiting for you! And we will
all make it through the other side of this experience stronger
than before.