By Katrina Mendoza

The I-130 Petition for Alien Relative is the first step in sponsoring an eligible family member to immigrate to the United States with Lawful Permanent Residence or a "green card." A common misconception is that once the United States and Immigration Services approves an I-130 Petition, it remains valid indefinitely or at least throughout the duration of the Petitioner and Beneficiary’s relationship. However, there are some circumstances in which an I-130 Petition may be cancelled or revoked.
 
Immigrant Visa Availability & the Visa Bulletin
Once an I-130 Petition is approved, many relatives must wait until a visa becomes available before they can proceed to the next step of their application. You can check the availability of an immigrant visa through the Visa Bulletin, published monthly by the US State Department. Once a visa is available, the family member may apply to adjust their status (within the United States) or apply for an immigrant visa through consular processing (at the U.S. Embassy or Consulate in their country abroad). For immediate relatives of US citizens such as spouses, minor children, or parents, a visa is always immediately available.
 
Revocation of I-130 Petition if No Application within One Year
If the foreign national relative is applying for an immigrant visa abroad, otherwise known as Consular Processing, an approved I-130 Petition can be revoked if an Embassy or Consulate terminates their registration. Section 203(g) of the Immigration and Nationality Act provides that:
 
“The Secretary of State shall terminate the registration of any alien who fails to apply for an immigrant visa within one year following notification to the alien of the availability of such visa, but the Secretary shall reinstate the registration of any such alien who establishes within 2 years following the date of notification of the availability of such visa that such failure to apply was due to circumstances beyond the alien's control.”
 
This means that the foreign national relative must begin applying for an immigrant visa within one year of being notified that a visa is available. If the applicant fails to do so, INA § 203(g) allows the Embassy or Consulate to reinstate an applicant’s registration within two years of being notified of an available visa. The applicant must demonstrate that their failure to apply for an immigrant visa within the one-year window was due to circumstances beyond their control. 

Overcoming Revocation if Circumstances Beyond Your Control
What circumstances might the Embassy or Consulate consider? Circumstances beyond the applicant’s control will generally be factors that arise out of the applicant’s normal circumstances, such as a medical emergency or natural disaster. It is likely that pandemic-related reasons would be considered as well. However, if you fail to apply for a visa because you didn’t update your address, your request for reinstatement would likely be denied. If the Embassy or Consulate decides to reinstate the application and petition, the one-year window to apply will begin again.
 
If the applicant cannot show a valid reason for their failure to continue their immigrant application once a visa became available or the Embassy or Consulate decides not to reinstate their application, the I-130 Petition will also subsequently be revoked. In order for the foreign national relative to pursue their Lawful Permanent Residency again, the sponsoring relative must refile the I-130 Petition and start the process over—including paying fees again and waiting the long processing times for USCIS to adjudicate the petition.
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Other Reasons for Revocation
In addition to revocation during Consular Processing, an I-130 Petition may be revoked for other reasons, such as withdrawal by the Petitioner, the death of the Beneficiary, divorce (for marriage-based petitions, with some exceptions), and more.

How We Can Help
If you filed an I-130 Petition or had an I-130 Petition filed for you a while ago that was shelved or left dormant, and you are unsure whether it is still valid, contact World One Law Group to schedule a consultation to determine what options are available to you. 

by Andrea Lee
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The new rule regarding the public charge ground of inadmissibility went into effect on December 23, 2022. As a result, Form I-485, Application to Register Permanent Residence or Adjust Status, was updated with additional questions that have proven confusing for some. This article will hopefully clarify some of those doubts.

Some background on the public charge rule. Though the final rule was recently published, this ground of inadmissibility has been in effect since 1999. As an adjustment of status applicant, one cannot be or likely to become a public charge. What this final rule does is more clearly define “public charge”:

“Someone who is primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or long-term institutionalization at government expense.”

8 CFR Section 212.21(a).

“Cash assistance” includes only the following programs:

• Supplemental Security Income (SSI);
• Temporary Assistance for Needy Families (TANF); and,
• State, Tribal, territorial, or local cash benefit programs for income maintenance.

The additional questions on Form I-485 were added to try to make this issue clearer for officers adjudicating a case.

The adjustment form’s question 61 in Part 8 asks whether the applicant is subject to the public charge grounds of inadmissibility. There are certain applicants who will not be subject to this ground of inadmissibility. A full list of exemptions can be found in 8 CFR section 212.23(a). The most common individuals who are exempt include:

• Asylees and refugees;
• Cubans applying under the Cuban Adjustment Act;
• VAWA recipients;
• Special Immigrant Juveniles; and,
• T and U visa recipients.

Question 62 in Part 8 of the Form I-485 asks for the applicant’s household size. The applicant must include him or herself then add any of the following individuals they reside with:

• Spouse;
• Parents;
• Unmarried siblings under the age of 21; and,
• Unmarried children.

The applicant also needs to add any dependents listed on their tax returns.

Question 63 asks about the applicant’s annual household income. The applicant should include any income (taxable and non-taxable) from the applicant and household members counted in question 62 above.

What is the interview waiver criteria?  
The new policy guidance states that USCIS officers may consider waiving an interview if:  

• The applicant meets the eligibility requirements;  
• The record contains sufficient evidence; and,  
• There is no indication of fraud, misrepresentation, criminal bars, or other facts that may require an interview.  

What does this mean, practically speaking? Conditional permanent residents who do not have a criminal history and who provide sufficient evidence of their good faith marriage may not be required to have an in-person interview with a USCIS officer. If you are a conditional permanent resident preparing to file an I-751 petition with your spouse, you can increase your chances of approval without an interview by providing lots of documents of your bona fide marriage.  
 
Hopefully, these policy changes are the beginnings of more changes of policy and staffing allocations within USCIS that will reduce case backlogs and improve processes. For conditional permanent residents who are preparing to start this daunting process or who have been waiting in limbo, this new I-751 interview waiver policy means that there is at least one less barrier ahead.  

World One Law Group has contacted members of the U.S. House of Representatives, urging them to oppose Speaker Ryan’s “Border Security and Immigration Reform Act of 2018” and Representative Goodlatte’s “Securing America’s Future Act of 2018” (H.R. 4760). Both bills hold Dreamers hostage in return for provisions that would upend our immigration system and betray our values.
 
Speaker Ryan’s “Border Security and Immigration Reform Act of 2018” pairs Deferred Action for Childhood Arrivals (DACA) provisions with severe cuts to legal immigration, policies that undermine vital protections for vulnerable populations, and dramatic increases in funding for immigration enforcement. Among other provisions, the current bill would:

• Drastically reduce legal immigration by eliminating several family-based immigration categories and eliminating the diversity visa program.
• Undermine protections for vulnerable populations, including raising the credible fear standard for asylum seekers and eliminating certain TVPRA protections, sending children more quickly back to the countries from which they fled.
• Does NOT address the family separation crisis, which can be stopped right now by this Administration. Instead, the bill would jail children and their families for long periods of time.
• Balloon funding for enforcement, including additional Border Patrol agents, a $25 billion appropriation for the border wall, and funding to keep children and families in jail.
• Does NOT adequately protect Dreamers. The bill provides for contingent nonimmigrant status and creates a “point system” that would leave many Dreamers without protection.

Representative Goodlatte’s “Securing America’s Future Act of 2018”( H.R. 4760) is an anti-immigrant wish list that slashes legal immigration to untenably low levels, mandates unnecessary and harsh enforcement tactics, creates millions of criminals out of thin air by making unlawful presence a crime, and seems focused on excluding the largest number of Dreamers from the very few weak protections it claims to provide. Among other provisions, the bill would:

• Eviscerate legal immigration by gutting the family-based immigration system and eliminating the diversity visa program.
• Make employment verification mandatory for all employers.
• Criminalize unlawful presence, creating millions of criminals out of thin air.
• Mandate long-term detention of nearly everyone in removal proceedings despite due process, capacity, and cost prohibitions.
• Undermine access to asylum for individuals who have been persecuted abroad, including heightening the credible fear standard.
• Eliminate safeguards for vulnerable children by amending the Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA).
• Require a massive buildup of immigration enforcement, including construction of a wall, hiring of additional CBP, and waiving crucial polygraph requirements.
• NOT adequately protect Dreamers. As written, the bill provides only a contingent nonimmigrant status to eligible applicants for renewable three-year periods, excludes anyone who does not have valid DACA on the date of enactment, and imposes punitive eligibility requirements.

World One will continue to fight to protect the rights of all who seek to make a new life in the United States.  If you think you may need immigration help, please contact our office at (425) 250-8110, or by email at info@world1law.com.

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