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The outbreak of the coronavirus has led to various changes in immigration policy. Let's take a look at the immigration policy issues in this altered environment.
Impact of the Federal Government's Paycheck Protection Program and Economic Injury Loan Applications
These two loan programs are purely financial support initiatives aimed at economic recovery due to the coronavirus crisis, specifically for affected businesses and self-employed individuals. Therefore, they differ in nature from public charge benefits, and receiving these loans will not affect applications for permanent residency or citizenship.
Impact of Unemployment Benefits and Assistance from State and Federal Governments
Unemployment benefits provided by state governments, along with the additional $600 provided by federal unemployment assistance (PUA), are fundamentally different from public charge benefits. As such, unemployment benefits and related assistance do not fall under the public charge category. Consequently, they will not impact applications for permanent residency or citizenship.
Suspension of Immigration Office Operations
The entire immigration office has not ceased operations due to the coronavirus crisis. They continue to process petitions and permanent residency applications as before, but in-person visits for interviews and fingerprinting were suspended until June 1. Overall, processing times are slower than they were before the pandemic, and it is uncertain when they will return to previous levels.
Extension of Response Deadlines
On March 27, 2020, the immigration office announced that for any Request for Evidence or Notice of Intent to Deny issued between March 1 and May 1, the response deadline would be automatically extended by 60 days. Therefore, for notices issued during this period, no separate request is needed for the deadline extension.
Validity of I-9 Employment Verification Documents
Employers must keep copies of valid identity verification documents along with the I-9 employment verification form. However, during the pandemic, documents that were initially valid but later expired can be temporarily considered valid.
Delays in Entering the U.S. Due to the Pandemic
If a permanent resident plans to stay abroad for more than six months, it is advisable to obtain a re-entry permit. However, some permanent residents may find it unexpectedly difficult to secure flights back to the U.S. due to the pandemic or may wish to return as the situation improves. If you initially intended to stay for less than six months but anticipate exceeding that duration, it is advisable to prepare documentation that demonstrates your intent to maintain residency in the U.S. This could include tax returns from the past two years, proof of employment with a U.S. company, and bank statements, all of which should sufficiently show the immigration officer that you still have socio-economic ties to the U.S.
Written by Attorney Moon Bong-seop (Licensed in NJ, CT, NY)
☎ (203) 974-3939
The above text is published for general informational purposes and should not be construed as legal advice or a substitute for consultation with an attorney regarding specific individual matters. For accurate legal advice tailored to individual circumstances, consulting with an attorney is necessary.
