american money laying on a table

US Citizen Spouses and Children of Undocumented Immigrants Now Eligible for Stimulus Checks & other Immigration News for December 31, 2020

american money laying on a table

Peri B. Edelman | December 31, 2020

My clients know that I am there for them day or night. Twice this week, I was emailing with different clients at close to midnight to send me evidence as their respective cases had to be filed before the new year. Of course, the cases were sent to the USCIS timely. This year was challenging due to the pandemic, however, 2021 is a new beginning. Happy New Year!

Here is recent immigration news:

US Citizen Spouses and Children of Undocumented Immigrants Will Finally Get Stimulus Checks

US Citizen Spouses and Children of Undocumented Immigrants are now eligible for stimulus checks under a $900 billion coronavirus relief package signed by President Trump over the weekend. Now, US citizens and green card holders who filed a joint tax return with an undocumented spouse will receive a check for $600, as well as $600 per dependent child. The benefits phase out for individuals making more than $75,000 and couples making more than $150,000.

Department of State Releases January 2021 Visa Bulletin

The first preference category for Mexico and the Philippines advanced slightly, with the new dates set at January 15, 1998 and January 1, 2012 respectively. All other areas remain at September 15, 2014.

U.S. Supreme Court Found that it Lacked Jurisdiction to Decide Census Case

The Supreme Court took no action on President Donald Trump's plan to exclude undocumented migrants from the census figures used to calculate each state's representation in Congress. The Court remanded Trump v. New York, 2020 WL 7408998 (U.S. 2020), one of three cases enjoining the Executive Branch apart from the President from implementing the memorandum policy, to the district court to dismiss for lack of jurisdiction.

EOIR Publishes Final Rule on 15-Day Asylum Application Deadlines and Procedures

The Executive Office for Immigration Review (EOIR) has published a final rule, which takes effect on January 15, 2020, to apply for asylum, withholding of removal, or protection under the Convention Against Torture (CAT). Under the final rule, a migrant in proceedings under 8 CFR § 1208.2(c)(1) or 8 CFR § 1208.2(c)(2) must apply for asylum, withholding, or CAT protection within 15 days of his or her first hearing before an IJ or the opportunity to apply will be deemed waived.

This newsletter is a general information regarding recent changes in immigration law. Every matter is different. If you believe a recent change applies to you, please contact my office. If you know someone who it applies to, please refer them to my office. Thank you.

Peri B. Edelman is an experienced attorney who practices Immigration Law in New York City. She provides immigration legal services, legal counsel on immigration matters, and legal support for court cases related to Immigration. A graduate of Brooklyn Law School, Peri B. Edelman is admitted to the New York and Connecticut Bars, U.S. Eastern District Court of New York, U.S. Southern District Court of New York, and United States Court of Appeals for the 2nd Circuit.