All posts by Cheng, Cho, & Yee, Immigration Lawyers

Lost, Stolen, or Destroyed Green Card? Here’s What to Do

Immigrant green cards

If a green card is stolen, lost, or damaged, it’s important to replace it as soon as possible. Without a physical green card, cardholders are unable to show proof of permanent residency or ability to work in the U.S. They will also need a green card to gain re-entry into the U.S. after traveling.

Immigrant green cards

The following are some steps to take to replace a green card and make sure the information it contains is protected.

Filing a Police Report

The first step to take if a green card is stolen, missing, or destroyed is to file a police report. Individuals will be able to use the police report as evidence as it can prove that the holder didn’t illegally sell the card. With the police report filed, cardholders can immediately begin the process of seeking a replacement.

Including New Names on the Replacement if Needed

If an individual is requesting a new green card under a new name, whether the new name resulted from a recent marriage, divorce, or legal name change, it’s important to include this new name on the replacement application.

Getting a Replacement Before the Expiration Date

Green cards are valid for 10 years after approval. To avoid issues when approaching the expiration date, it’s best to file for a replacement card within six months of the expiration. However, applicants will be unable to request a new green card any earlier.

Keeping a Virtual or Physical Image of the Card as a Copy

While cardholders can’t keep more than one copy of their green card, they can take a photo or scan the green card to maintain a copy of the information it contains. This ensures that if the card is lost, the cardholder will still be able to see the numbers and other details needed when requesting a replacement. Applicants will need to submit this copy with their replacement application.

Completing the I-90 Form

The I-90 form is what is used to apply for new and replacement green cards, along with name changes and renewals. Applicants can get this form via the U.S. Citizenship and Immigration Services (USCIS), either by phone, from a local office, or through the USCIS website.

Once completed, applicants can submit the form electronically or by mail.

Taking the right steps immediately after a green card is stolen, lost, or damaged can prevent potential problems when living and working in the U.S. 

Visa Applicants: Beware of Fraudulent Emails and Letters

There has been a recent increase in fraudulent letters and emails that scammers are sending to Diversity Visa (DV) program applicants. According to the Department of State, Office of Visa Services, scammers are attempting to obtain payments from applicants by imitating U.S. government officials.

While many DV applicants may already be familiar with the scams that are out there, there has been a notable increase in the number of fraudulent letters and emails. It’s important for applicants to keep in mind that while the U.S. government may send email reminders to check the status of an application, the government will never send any mail or email correspondence indicating the approval of the application. The government will also never request payment via money order, check, or wire transfer at any point during the application process.

How to Avoid Falling Victim to Fraudulent Letters and Emails

If applicants want to avoid any scams they may encounter, it’s best to adhere to the guidance provided by the U.S. Department of State on their website’s Diversity Visa Program page. In line with these instructions is the advice to remain honest throughout the application process, providing valid information and documentation that keeps the process smooth.

In some cases, applicants may turn to visa consultants to complete application forms, but this often results in the submission of false information. Any false information provided to the government could hurt a person’s chances of obtaining citizenship and result in disqualification. It’s also important to understand that the government doesn’t work with consultants, and paying a consultant to complete forms won’t increase an applicant’s chances of gaining citizenship.

When completing forms, applicants are better off filling them out on their own. However, if they do need assistance with completing the forms, applicants should make sure that all information entered is true.

Checking the Status of an Application

Applicants are only permitted to apply once, and they can only add their legal spouses and children to the application. Applicants will be asked to provide an email address, which they can use to check the status of their application. After entering an email and submitting the application forms, the government will send an entry confirmation number. The confirmation number allows applicants to view the status of their application directly on the DV program website.

Taking all of these steps can help avoid potential scams and prevent disqualification throughout the visa application process.

Immigration Policy: Trump and Biden Take Sides

President Trump and President-elect Joe Biden have largely different immigration views and policies. The main reason for this difference is that each presidential candidate in the 2020 election has different opinions over immigrants’ influence in the U.S. 

President Trump’s views on immigration perceive immigrants as a threat to native U.S. citizens and the American workforce, while Joe Biden’s views are more favorable toward immigrants as contributors to the economy.

What Are Trump’s Immigration Policies?

Throughout the last four years during his first term as president, President Trump’s administration developed multiple policies aimed to limit the ability of immigrants to enter the U.S. The regulations put in place around immigration is contradictory to Trump’s tendency to deregulate in many other areas.

The main goal of Trump’s immigration policies is to reduce competition in the labor market and increase wages for native workers. Trump has also made comments claiming that Hispanic and African American unemployment is largely due to a lack of highly skilled immigrants.

Ending Family Immigration and the Lottery System

Historically, immigration worked using family migration, in which immigrants in the U.S. would sponsor family members for citizenship. Subsequently, those family members would sponsor other family members. At the same time, the visa lottery system uses a random selection system for choosing immigrants who are eligible to obtain citizenship. 

In an attempt to enforce Trump’s policies, the Trump administration has worked to stop the visa lottery system and cease famiily migration. In their place, Trump hopes to implement a merit-based immigration system, which would primarily seek high-skilled immigrants and prevent families from sponsoring other immigrant family members.

Ending DACA and Increasing Border Security

The Trump administration also aimed to put an end to The Deferred Action for Childhood Arrivals (DACA) program, which would be detrimental to over 644,000 young immigrants in the U.S. These young adults, also known as “Dreamers,” contribute a lot to the American economy, increasing gross domestic product (GDP) by $42 billion every year.

In addition to ending DACA, another early goal for the Trump administration was to construct a border wall between the U.S. and Mexico to further prevent illegal immigration. While the Trump administration hoped that Mexico would foot the bill for the wall, insufficient funds were generated. In response, Trump declared a national emergency in 2019, which enabled him to redirect military construction (MilCon) expenses toward funding for the wall. The completed wall would stretch for 450 miles along the U.S.-Mexico border. So far, 235 miles have been built.

What Are Biden’s Immigration Policies?

Unlike Trump, Joe Biden aims to place fewer restrictions for immigrants who wish to gain entry into the U.S. Joe Biden’s policies largely reflect former president Barack Obama’s and will work to cease Trump’s policies. Biden favors increased regulations in most other areas, but immigration is one area that is an exception in Biden’s agenda.

Biden’s goal is to make immigration policies less strict and ensure that any documented or undocumented immigrant has a chance to obtain citizenship with help from the government. Biden’s policies are intended to help give immigrants an equal opportunity to become citizens. At the same time, Biden’s policy works to develop a healthy, diverse workforce and encourage growth in the economy.

Studies Determining Which Policy Is Best

Recent research has concluded that the Trump administration’s policy for immigration could do more harm than good for the American workforce and economy. For example, a study from the National Bureau of Economic Research determined that immigration can increase total factor productivity through labor specialization. As a result, higher productivity levels lead to higher wages for American workers. 

Generally, immigration in the U.S. has led to a more diverse and fruitful labor market, which is good for the economy. Another study conducted by the American Action Forum determined that Trump’s immigration policy of excluding undocumented immigrants would be harmful to the economy overall. The study concluded that with the Trump administration’s policy implemented, the GDP would fall by as much as $620 billion, with a minimum shortage of 4 million workers.

On the other hand, there are certain advantages that come with Trump’s proposed merit-based system. When it comes to IT, another National Bureau of Economic Research study found that high-skilled immigrant computer science workers on H-1B visas helped create more IT companies in the U.S. At the same time, the wages for computer science workers increased while the prices of IT goods decreased. However, low-skilled immigrants have also been shown to contribute positively to the American workforce and the economy.

Of the two candidates’ policies, Biden’s are ultimately more likely to be beneficial for the economy if implemented, research shows. American Action Forum determined that foreign immigrants don’t impede native workers’ ability to thrive. Immigrants contribute to more growth and opportunities in the workforce, improving overall economic health.

How USCIS Staff Furloughs Could Impact Legal Immigration

U.S. Citizenship and Immigration Services with U.S. flag

Although the Trump administration is unable to cease processing immigration applications, its mismanagement of the U.S. Citizenship and Immigration Services (USCIS) could still lead to furloughs that impact immigrants, international adoptions, and United States businesses.

U.S. Citizenship and Immigration Services with U.S. flag

Plans for the Furlough

USCIS is responsible for offering visas, green cards, and citizenship to immigrants in the U.S. According to USA Today, the agency intended to furlough about 70% of its employees at the end of August. This translates to around 13,400 out of 20,000 workers. Although the agency canceled the scheduled furlough, Congress must establish a long-term solution to provide USCIS with the financial assistance necessary to sustain the agency in the future.

Doug Rand, assistant director for entrepreneurship in the Obama White House and Boundless Immigration co-founder, spoke with Forbes to discuss the effects the furlough would have on legal immigration in the U.S.

“It’s hard to overstate how bad this would be,” Rand stated. “USCIS would be operating with a skeleton crew, and our legal immigration system would grind to a halt.”

The Effects of USCIS Furloughs 

According to Rand, the impacts of USCIS furloughs could include:

  • The disenfranchisement of nearly 300,000 out of the one million immigrants who apply for citizenship every year.
  • The inability of immigrants to work without a physical green card.
  • The prevention of renewals for Dreamers relying on Deferred Action for Childhood Arrivals (DACA), leading to an inability to renew work permits and potentially deportation.

ISCIS staff furloughs would also affect around one million U.S. citizens and permanent residents who are sponsoring family members for green cards, more than 630,000 applications for green cards every year, and 156,000 married couples requiring final interviews before becoming permanent residents.

USCIS employees and individuals attempting to gain citizenship aren’t the only ones who would be impacted. Furloughs would also affect humanitarian immigration, international adoptions, and U.S. businesses. 

Impact on Businesses

Furloughs would be more chaotic for businesses in the United States. USCIS typically handles more than 160,000 employer sponsorships of worker green cards, over 230,000 temporary immigration status changes and extensions, and approximately 550,000 sponsorships of temporary workers.

Halting USCIS processes and, subsequently, immigration would hurt businesses that depend on immigrant workers. Businesses are already struggling to revive because of the COVID-19 pandemic, but the inability to process paperwork for essential workers, vaccine researchers, and other healthcare employees would make it more difficult to recover.

US Consulates Now Processing Limited Student Visas

As of August 17, US consulates located in cities across India, including Hyderabad and the embassy in New Delhi, have started processing limited student visas.

In addition to the US embassy located in New Delhi, the consulates in the following cities are currently processing applications on a limited basis:

  • Mumbai
  • Hyderabad
  • Kolkata
  • Chennai

How Processing Works for Student Visas

Once processing is completed for emergency student visas and exchange visitor appointment requests that were received before August 12, 2020, the embassy will offer public appointments. Exchange visitors and prospective students who want to undergo processing in time before classes take place should schedule appointments at least three weeks before the class start date.

Unfortunately, while the US consulates place student visas as a high priority and work to ensure swift processing for visa applicants, not all requests will be fulfilled in time for the beginning of the fall semester. Although the consulates are working hard to process these applications before classes start, there are many requests and certain protocols in place to maintain safety for customers and staff.

The Temporary Suspension of Routine Immigrant and Non-Immigrant Visa Services

On March 20, all embassies and consulates temporarily canceled all routine immigrant and non-immigrant visa services. The temporary suspension is still in place at this time, but these locations will continue providing mission-critical and emergency visa services when permissible. At this time, limited student visas are among those services that the embassies and consulates are processing as more services begin to reopen.

People can learn more about the current status of immigrant and non-immigrant visa services all over the world, including all restrictions in place because of COVID-19, by visiting the US Department of State website.

At this time, it’s still unknown when normal operations will resume for other visa services. While immigration lawyers may not see a return to normalcy for months, particularly without a vaccine in place, the US Department of State Bureau of Consular Affairs will be releasing updates as they come. According to the department, “the resumption of routine visa services will occur on a post-by-post basis, in coordination with the Department’s Diplomacy Strong framework for safely returning our workforce to Department facilities.”

In the meantime, many prospective students will be able to undergo processing as the new school season begins.