Immigration FAQs
Please continue to watch this space as we continue to add more information.
Preguntas Sobre Inmigracion
Burmese/ဗမာ
WNY Regional Immigration Assistance Center
The WNY Regional Immigration Assistance Center provides assistance, training, and support to appointed criminal defense counsel and Family Court attorneys in their representation of non-citizen clients. These services are free to all counsel appointed to represent indigent non-citizen clients in Criminal and Family Court proceedings.
Immigration FAQ
How is the coronavirus impacting the processing time of my Petition or Application that’s already been submitted?
We are not sure yet how long the pandemic will last. For National Visa Center (NVC) processing, it will be dependent on a uniform global response to COVID-19. If USCIS has informed you about rescheduling your biometrics or interview appointment, please follow the instructions in the document. USCIS will reschedule all appointments. Keep track of USCIS domestic delays here at https://www.uscis.gov/about-us/uscis-response-covid-19.
Can I have extension to respond to the Request for Evidence (RFE) and Notice of Intent to Deny (NOID)?
USCIS announced that, if you have got an RFE or NOID, that is dated between March 1st and May 1st, 2020, then you get additional 60 days flexibility to submit the documents. USCIS will consider any responses that are received within 60 Calendar days from the deadline specified in the RFE/ NOID, before they take any action or decision on the case. Technically, they will wait for 60 more days from the deadline date in RFE.
How do I get proof of employment now that my employer has closed?
Please provide a letter on company letterhead confirming that your employer has closed temporarily due to coronavirus. Note: USCIS may not consider this to be sufficient evidence proving current income and your chances of receiving a Request for Evidence (or “RFE”) may increase. Make sure to check with your independent immigration attorney if a letter from your employer will suffice.
Is my interview at the consulate cancelled because of closures, even though I haven’t heard from them yet?
Presume your interview is still ongoing, but call your consulate first to ensure the appointment is still in effect.
I had an interview scheduled for my adjustment of status application. What happens now that interviews aren’t happening?
Please await further instructions from USCIS. To stay up-to-date, please register your receipt number to get the latest information on rescheduling. You may register your case here at https://egov.uscis.gov/casestatus/landing.do
I had a biometrics appointment scheduled at a USCIS field office but the office was closed. Will I be able to reschedule? Will this impact my timeline?
When USCIS resumes normal operations, the agency will automatically reschedule Application Support Center appointments due to the office closure. If you do not receive a new appointment notice by mail within 90 days, call 800-375-5283.
My naturalization oath ceremony were cancelled due to the COVID 19. When will I be able to reschedule and complete that step?
USCIS will automatically reschedule your ceremony. You will receive a notice for your rescheduled ceremony by mail. If you do not receive a notice within 90 days, please reach out to the USCIS Contact Center at https://www.uscis.gov/contactcenter.
If I got tested for the coronavirus or receiving discounted care at a medical facility, will it negatively impact my green card or citizenship application under the new public charge rule?
No. USCIS announced that getting tested or seeking treatment for COVID-19 will not count against a would-be immigrant under the public charge rule. Accessing discounted care at hospitals or clinics is also not listed as a public benefit under the rule. For a full list of the government benefits that are considered during a public charge assessment, head over here at https://pronto-core-cdn.prontomarketing.com/537/wp-content/uploads/sites/2/2020/02/cup-nyic_public-charge_english2020%E2%80%932.pdf.
If I claimed unemployment insurance benefits, would it put my green card or citizenship application at risk under the public charge rule?
No. Receiving unemployment benefits is not counted as a negative factor under the public charge rule.
What if someone I know has a removal case pending in the Immigration Court at the detention facility in Batavia?
The Immigration Court at the Federal Detention Facility in Batavia hears only the cases of those non-citizens who are detained there. This continues, but cases are now heard with lawyers by telephone. Since cases are still being heard make sure that the detained person is cooperating with any deadlines for applications and applications that have been set by the court, and that they are staying in contact and cooperating with their lawyer to meet deadlines.
What if I have a removal case pending in the Immigration Court in Buffalo?
The Immigration Court in Buffalo is now hearing only detained cases.
If you are not detained, then your case has been postponed until at least May 15, 2020, though this may change. The court will send you a notification of the new date by mail. Make certain that the court knows your current address if it has changed since you were last in court. Also stay in contact with your lawyer to learn when your case is scheduled. You may also call 1-800-898-7180 for this information. You will need your “A number” (which is on your court paperwork) to access information at this phone number. The court’s deadlines to file applications and submit evidence are still in effect, so make certain you meet the deadlines, or speak with and cooperate with your lawyer so that s/he can meet the deadlines. For information on Immigration Court operation during the pandemic, you can learn more at: https://www.justice.gov/eoir/eoir-operational-status-during-coronavirus-pandemic