FAQs

Yes, you can reschedule your naturalization ceremony. The US Citizenship and Immigration Services (USCIS) allows you to reschedule your naturalization ceremony up to 30 days before the scheduled date.

However, there are some important things to keep in mind when rescheduling your naturalization ceremony:

• You must reschedule your ceremony at least 30 days in advance. You can do this by contacting the USCIS office that scheduled your ceremony.
• There may be a limited number of available dates for rescheduling your ceremony. You should contact the USCIS office to check availability before you reschedule.

If you are unable to attend your scheduled ceremony, you should contact the USCIS office as soon as possible.

Here are some of the reasons why you might need to reschedule your US naturalization ceremony:

• You are unable to travel to the ceremony location on the scheduled date.
• You are unable to attend the ceremony due to illness or other unforeseen circumstances.

If you are considering rescheduling your US naturalization ceremony, you should contact the USCIS office as soon as possible to discuss your options.

Steps To Reschedule Your Naturalization Ceremony

Here are the steps on how to reschedule your US naturalization ceremony:

1. Go to the USCIS website and find the contact information for the USCIS office that scheduled your ceremony.
2. Call the USCIS office and ask to reschedule your ceremony.
3. Provide the USCIS office with the following information:
   • Your name
   • Your alien registration number (A-number)
   • The date of your scheduled ceremony
   • The date you would like to reschedule your ceremony
   • The reason why you are rescheduling your ceremony
4. The USCIS office will then check the availability of dates and will let you know if your request is approved.
5. If your request is approved, you will be given a new date for your naturalization ceremony.

Benefits Of Citizenship

Naturalization to become a U.S. Citizen can bring many rights and privileges, such as voting in elections and becoming eligible for certain government jobs. There are also financial benefits associated with becoming a United States citizen. Understanding all the rights and responsibilities associated with becoming a United States citizen is important before applying for naturalization.

Download Our Free Guide: 10 Benefits Of Becoming A U.S. Citizen: Free Guide

Do You Want to Become a U.S. Citizen? Talk To A Citizenship Lawyer

The immigration attorneys at Godoy Law Office work with you to evaluate your immigration status and guide you in your journey to becoming a U.S. citizen. If you need help with an immigration issue, please contact us. 

We help clients in all 50 states.

A DUI, or driving under the influence, does not automatically prevent you from becoming a naturalized U.S. citizen. However, it can hurt your chances of being approved if you are found to lack “good moral character.”

The U.S. Citizenship and Immigration Services (USCIS) defines good moral character as “a person who respects the law and order of the United States and who adheres to the principles of self-reliance and personal responsibility.” DUIs can be considered by an officer in his or her decision to grant you U.S. citizenship. 

If you have had DUI convictions, it is possible to still become a U.S. citizen by presenting positive evidence in other areas of your life. This evidence could include things like:

• A clean criminal record aside from the DUI
• A history of employment and financial stability
• Strong community ties
• Evidence of rehabilitation, such as completing a DUI education program or counseling

If you have two or more DUI convictions, it will be more difficult to become a U.S. citizen.  However, it is still possible with strong evidence of good moral character and rehabilitation.

If you are considering applying for citizenship with a DUI on your record, it is important to speak with an experienced immigration attorney to discuss your individual case.

Consult A Crimmigration Attorney If You Have A DUI And Want to Apply For Citizenship

An attorney who has experience in both criminal defense and immigration law, called a crimmigration attorney, can help you understand the law and develop a strong application that will increase your chances of approval.

Here are some additional things to keep in mind if you have a DUI and are considering applying for citizenship:

• The time period that USCIS will consider when evaluating your good moral character is typically the five years prior to your application date.
• If you have a DUI conviction that falls outside of the five-year period, you will still need to disclose it on your application. However, it may not be as harmful to your chances of approval.
• If you are convicted of a DUI after you have applied for citizenship, it could result in the denial of your application or the revocation of your citizenship.

If you have a DUI and are interested in applying for citizenship, it is important to weigh the risks and benefits carefully. With strong evidence of good moral character and the help of an experienced crimmigration attorney, you may be able to overcome the presumption of bad moral character and achieve your dream of becoming a U.S. citizen.

Benefits Of Citizenship

If your citizenship application is denied, we can help you figure out the next steps. Naturalization to become a U.S. Citizen can bring many rights and privileges, such as voting in elections and becoming eligible for certain government jobs. There are also financial benefits associated with becoming a United States citizen. Understanding all the rights and responsibilities associated with becoming a United States citizen is important before applying for naturalization.

Download Our Free Guide: 10 Benefits Of Becoming A U.S. Citizen: Free Guide

Do You Want to Become a U.S. Citizen? Talk To A Citizenship Lawyer

The crimmigration and immigration attorneys at Godoy Law Office work with you to evaluate your immigration status and guide you in your journey to becoming a U.S. citizen. If you need help with an immigration issue, please contact our office.

We help clients in all 50 states.

You do not have to give up your home country passport if you become a US citizen. The United States allows dual citizenship, which means that you can be a citizen of both the United States and another country. However, there are some exceptions to this rule. For example, if you become a citizen of a country that does not allow dual citizenship, you may be required to renounce your US citizenship. Don’t do that before speaking to an immigration attorney. 

Here are some of the challenges of having dual citizenship:

• You may have to pay taxes in both countries.
• You may have to serve in the military of both countries.
• You may have to follow the laws of both countries.
• You may have to deal with different immigration requirements.
• You may inadvertently relinquish your U.S. citizenship by swearing allegiance to another country!

If you are considering becoming a US citizen and you also have citizenship in another country, it is important to speak with an experienced immigration attorney to discuss your options.

Benefits Of Citizenship

If your citizenship application is denied, we can help you figure out the next steps. Naturalization to become a U.S. Citizen can bring many rights and privileges, such as voting in elections and becoming eligible for certain government jobs. There are also financial benefits associated with becoming a United States citizen. Understanding all the rights and responsibilities associated with becoming a United States citizen is important before applying for naturalization.

Download Our Free Guide: 10 Benefits Of Becoming A U.S. Citizen: Free Guide

Do You Want to Become a U.S. Citizen? Talk To A Citizenship Lawyer

The immigration attorneys at Godoy Law Office work with you to evaluate your immigration status and guide you in your journey to becoming a U.S. citizen. If you need help with an immigration issue, please contact our office.

We help clients in all 50 states.

Yes, USCIS may expedite the processing of a citizenship application in some situations. To request expedited processing of your citizenship application, you will need to submit a written request to the U.S. Citizenship and Immigration Services (USCIS) explaining why you need your application processed quickly. You will also need to provide supporting documentation, such as a letter from your employer or school, a medical report or a court order.

USCIS will review your request and decide whether to grant it. If your request is granted, your application will be processed ahead of other applications that have not been expedited.

USCIS officials can approve a case to be expedited in certain situations, including:

• situations where expediting a request may be possible include severe financial loss for a person or company,
• emergency circumstances,
• humanitarian reasons,
• requests from non-profit organizations advancing the cultural and social interests of the United States,
• and situations related to national security or defense requiring timely processing at the behest of an official U.S. government agency citing potential harm.
• Additionally, USCIS errors or compelling interests of USCIS may warrant expediting a case.

Here are some of the reasons why you might need to expedite your citizenship application:

• You are facing a serious medical emergency.
• You are losing your job or housing because you are not a citizen.
• You have a family emergency requiring you to travel outside the United States.
• You are a victim of crime or domestic violence.
• You are serving in the U.S. military.

If you need to expedite your citizenship application, contact an immigration attorney as soon as possible. An attorney can help you understand the requirements for expedited processing and prepare your request.

Benefits Of Citizenship

Naturalization to become a U.S. Citizen can bring many rights and privileges, such as voting in elections and becoming eligible for certain government jobs. There are also financial benefits associated with becoming a United States citizen. Understanding all the rights and responsibilities associated with becoming a United States citizen is important before applying for naturalization.

Download Our Free Guide: 10 Benefits Of Becoming A U.S. Citizen: Free Guide

Do You Want to Become a U.S. Citizen? Talk To A Citizenship Lawyer

The immigration attorneys at Godoy Law Office work with you to evaluate your immigration status and guide you in your journey to becoming a U.S. citizen. If you need help with an immigration issue, please contact our office.

We help clients in all 50 states.

During the citizenship application process, applicants will have an interview with a U.S. Citizenship and Immigration Services (USCIS) officer. At this interview, you will need to present documentation to support your citizenship application.  This may include birth certificates, marriage licenses and proof of continuous residence in the United States. You probably submitted your documentation with your citizenship application, but you should also bring the original documents with you to the naturalization interview.

Documents You Should Bring To A Citizenship Interview

You should bring the original versions of the documentation you submitted with your citizenship application to the naturalization interview, including:

• appointment notice confirming the date, time and location of your interview
• proof of identification such as a driver’s license, passport, or state identification card
• birth certificate
• adoption certificate
• marriage licenses
• divorce documentation
• financial records
• certified records of arrests and criminal convictions (If you have criminal history, discuss your case with an immigration attorney before submitting your naturalization application!!)
• Form I-551 Permanent Resident Card (green card)
• proof of continuous residence in the United States
• current and expired passports and travel documents issued to you that document your absences from the United States since becoming a permanent resident
• military service documentation

USCIS Form M-477 has a complete Document Checklist of documents to bring to your naturalization interview.

Benefits Of Naturalization

Naturalization can bring many rights and privileges, such as voting in elections and becoming eligible for certain government jobs. There are also financial benefits associated with becoming a United States citizen. Understanding all the rights and responsibilities associated with becoming a United States citizen is important before applying for naturalization.

Download Our Free Guide: 10 Benefits Of Becoming A U.S. Citizen: Free Guide

Do You Want to Become a U.S. Citizen? Talk To A Citizenship Lawyer

The immigration attorneys at Godoy Law Office work with you to evaluate your immigration status and guide you in your journey to becoming a U.S. citizen. If you need help with an immigration issue, please contact our office.

We help clients in all 50 states.

Naturalization is the most common way for foreigners to become a U.S. citizen. It is a process where a person who is not born a U.S. citizen voluntarily applies for citizenship and completes specific requirements, like passing certain tests and taking the oath of allegiance. Part of the naturalization process is a biometrics background check to ensure the applicant is eligible for U.S. citizenship. After naturalization is granted and the applicant becomes a new citizen of the United States, the new U.S. citizen will receive a certificate of nationalization, which should be kept in a safe place.

The Citizenship Background Check

USCIS (U.S. Citizenship and Immigration Services) conducts an extensive background check as part of the citizenship application process. This review includes

• Verifying biographic and biometric data, including fingerprints, photographs, and signatures.
• Additionally, the USCIS conducts an extensive check of the applicant’s criminal history, including verifying any past arrests, charges or convictions.
• They also review the individual’s immigration history, which includes information about visas, legal status, and any deportation or removal proceedings.
• Finally, the USCIS considers an applicant’s financial history, including tax filings or child support, to ensure they meet the citizenship requirements.

The background review is intended to ensure that applicants for citizenship meet the eligibility requirements and do not pose a security risk to the United States.

What Happens If An Applicant Fails the Citizenship Background Check? 

If a citizenship applicant fails the USCIS background check, their application may be denied. The reasons for denial could be because the applicant has a criminal record or because they have committed immigration fraud in the past. The USCIS also denies applicants who fail to disclose important information during the application process. Certain criminal convictions may even result in you being placed in removal proceedings. 

If an application is denied, the applicant has the right to appeal the decision. They may also be able to file a motion to reopen the case or a motion to reconsider the decision. In some cases, it may also be possible for an applicant to seek a waiver of the grounds for inadmissibility.

It’s important to note that the USCIS takes the background check process very seriously, and any misrepresentation or fraud in the application process can lead to serious consequences, including being stripped of your legal permanent residence and being barred from entering the United States in the future.

Benefits Of Naturalization

Naturalization can bring many rights and privileges, such as voting in elections and become eligible for certain government jobs. There are also financial benefits associated with becoming a United States citizen. It is important to understand all the rights and responsibilities associated with becoming a United States citizen before applying for naturalization.

Download Our Free Guide: 10 Benefits Of Becoming A U.S. Citizen: Free Guide

Do You Want to Become a U.S. Citizen? Talk To A Citizenship Lawyer

The immigration attorneys at Godoy Law Office work with you to evaluate your immigration status and guide you in your journey to becoming a U.S. citizen. If you need help with an immigration issue, please contact our office.

We help clients in all 50 states.

The Biden administration is reviving a program that provides visas for foreign startups, the International Entrepreneur (IE) Parole Rule which allows foreign entrepreneurs to live and work in the United States for up to 5 years. This program is an opportunity for foreign entrepreneurs to come to or to remain in the United States and create and work at a startup business and use their talents and skills to help the American economy and create jobs for Americans. There are many questions about the IE programs, here are answers to some frequently asked questions about the program for foreign startups.

International Entrepreneur Startup FAQs

1. Is This A Visa?
No, the IE is not a visa, it is technically a “parole” and grants permission to enter the United States for a designated period of time for a designated purpose.

2. What Are The Requirements For an IE Parole? 
The International Entrepreneur Parole allows foreign entrepreneurs to live and work in the United States for up to 5 years if:

• they invest $250,000 or more in their startup business

• they own at least 10% of the business

• they have a key role in the business

• they hire 10 or more U.S. employees

• they work only for their start-up business

3. Can Family Members Join the Foreign Entrepreneur in the U.S.?
The entrepreneur’s spouses may apply for employment authorization in the United States, but their children can not. Spouses can apply for work authorization with a business other than the founder’s startup.

4. Is There An IE Quota?
There is no quota or limit on how many IE paroles can be awarded to foreign entrepreneurs.

5. Is There A Foreign Founder Wage Requirement? 
No, there is no wage requirement for foreign founders under the International Entrepreneur Parole Rule.

An experienced business immigration attorney can help immigrant founders, investors and entrepreneurs move to Illinois and move their business to the U.S. or invest in an existing business in the United States.

Cook and Dupage County Business Immigration Attorneys

Godoy Law Firm’s business immigration attorneys can help immigrant investors and entrepreneurs move to Illinois. Contact Godoy Law Office today to answer your questions about immigration, help you file an immigration application and guide you through every step of the immigration process. 

Green Card holders who left the United States for more than 1 year during the Covid pandemic may be required to apply for permission to return. Lawful Permanent Residents (LPRs – Green Card holders) should apply for a return permit before leaving the U.S. for more than a year to preserve his or her residency. If they don’t apply for a return permit, immigration authorities may conclude that PRs have abandoned their permanent residency and they could potentially lose their Green Card.

Many Green Card holders left the country temporarily to care for family members, for work or for other personal reasons and they were not able to travel back to the United States due to pandemic closures and restrictions. Customs and Border Protection officers have the discretion to put a returning Green Card holder in deportation proceedings if they have abandoned their residency, but officers are taking the pandemic restrictions into account when evaluating each case.

Current U.S. Customs and Border Protection (CBP) regulations permit Green Card holders to leave and return to the United States multiple times per year:

If you are a lawful permanent resident (green card holder), you may leave the U.S. multiple times and reenter, as long as you do not intend to stay outside the U.S. for 1 year or more.

If you intend to stay outside the U.S. for 1 year or more, you must apply for a re-entry permit with the U.S. Citizenship and Immigration Service (USCIS) prior to leaving the U.S.

Chicago immigration lawyer Mario Godoy advises,

“If you are challenged by a CBP officer upon returning to the United States you should insist on seeing an immigration judge or speaking to an immigration attorney prior to signing any form I-407 record of abandonment of your legal permanent residency.”

A Green Card Is A Travel Document

A Green Card is a document to help you prove you are a legal permanent resident and also serves as a travel document that allows you to enter in and out of the United States. If your Green Card has expired, it may be difficult to travel. Most Green Cards are valid for 10 years and you should file for renewal 6 months before it expires.

Are You Concerned About Your Green Card Status?

United States immigration laws are complicated and updated frequently. Mistakes in immigration applications can be costly and stressful and can result in denial of your petition or delays. An experienced immigration attorney at Godoy Law Office in Cook and Dupage Counties, Illinois,  can review your Green Card eligibility and application or renewal. We review your situation, provide you with the proper forms and help you submit your application. Contact our office today. 

DACA FAQs

What does the Supreme Court DACA decision mean for an immigrant?

The Supreme Court decision in DHS v. Regents of the University of California vacated the 2017 cancellation of the DACA program.

USCIS must continue to process the following types of DACA requests:

1. People Who Currently Have DACA: These recipients can file a renewal DACA request.
2. People Whose DACA Expired One Year Ago or Less: These recipients may still file a renewal DACA request.
3. People Whose DACA Expired More Than One Year Ago: These Recipients cannot file a renewal DACA request but may file an initial DACA request.
4. People Whose DACA Was Terminated: These recipients may file an initial DACA request.

The Supreme Court DACA decision restores the program fully to the form in which it existed before the rescission.

Can I get DACA if I had never applied for it before?

The 2017 Trump administrations attempted cancellation of DACA resulted in people otherwise eligible for DACA not being able to apply for DACA if they had not already obtained it before the rescission.

The Supreme Court’s June 18, 2020 DACA decision requires DHS to maintain the DACA program unless and until DHS follows correct procedure to terminate it. As a result, USCIS should immediately publish guidance on processing new, initial DACA applications.

Understandably, folks are looking to apply as soon as possible.

Before filing we are advising our clients to consider the following:

1. USCIS has published no guidance on processing a new initial DACA application.
2. The application may be rejected
3. USCIS officers may accept the initial DACA applications but then deny them. Keeping your filing fee.
4. The possibility that the Trump administration may try to terminate the DACA program again

Currently, we are taking on clients to help them apply for DACA. If you have any questions, please call us for a consultation.

Can I get DACA advance parole if I have or get DACA?

In this video we are going to discuss the Impact of recent Supreme Court decision and whether you could get Advance Parole if you had or get DACA.

Parole is a legal mechanism that allows a person to enter the United States legally.

Advance Parole allows a person to obtain permission to reenter in advance prior to leaving the United States. This mechanism was used by many DACA recipients to leave the US and then reenter legally. This allowed for those with an immigrant visa to apply to get their green card while in the United States.

The Court’s June 18, 2020 decision requires DHS to maintain the DACA program unless and until DHS follows correct procedure to terminate it. Because advance parole based on DACA was a part of the 2012 DACA program, USCIS should immediately publish guidance on processing advance parole applications filed by DACA recipients.

Before filing an Advanced Parole, application based on DACA we are advising our clients to consider the following:

1. USCIS has published no guidance on processing a DACA Advanced Parole application.
2. The advanced parole application may be rejected
3. USCIS officers may accept the advanced parole applications but then deny them. Keeping your filing fee.
4. The possibility that the Trump administration may try to terminate the DACA program again. You may be outside the United States at that time.
5. Even with Advanced Parole you can still be denied re-entry by a Customs and Border Patrol (CBP) officer. This would result in being stuck outside of the United States.

If you have any questions, please contact us for a consultation today.

What is Removal of Conditions?

A conditional green card is issued to a spouse who has been married for less than 2 years at the time their green card was first approved. When a non-citizen marries an American citizen, they may be issued a conditional Green Card. A conditional green card is valid for only 2 years, and the designation “CR1” on the physical card stands for “conditional resident.” A conditional green card holder must file for “removal of conditions” to remove the 2-year condition and obtain a permanent green card and permanent residency status. Removal of conditions is the legal process for the non-citizen spouse to be granted full permanent resident status by USCIS. 

Watch: Chicago Immigration Attorney Mario Godoy Explains What You Must Prove To Successfully Remove The Conditions On Your Permanent Residency

Transcription

This video will answer the question “Are green card holders eligible for Medicare?” A “green card” (officially known as a Permanent Resident Card) identifies you as a Legal Permanent Resident (LPR) and allows you to live and work permanently in the United States.

Watch: Immigration Attorney Mario Godoy Discusses if Green Card Holders Are Eligible for Medicare

Transcript

Medicare is health insurance for people 65 or older, certain people under 65 with disabilities, and people of any age with End-Stage Renal Disease (ESRD). In short, a green card holder can apply for Medicare without jeopardizing his or her green card.

Your first chance to get Medicare usually starts 3 months before you turn 65 and ends 3 months after you turn 65. Any person who wants to apply for Medicare will need to show at least 40 Social Security/Medicare credits earned in the United States. Additionally, to get Medicare Part B a green card holder will need to meet a 5-year permanent residency requirement immediately prior to applying for Medicare. This period starts on the day the green card holder is admitted into the US as a legal permanent resident. The green card holder must also reside continuously in the United States during that period.

Medicare is listed by USCIS as a benefit that it does not consider in the public charge inadmissibility determination. However, its important to point out that you must have legal status to be eligible for Medicare.

If you are a green card holder and have an immigration question, please contact our office.

Contact Godoy Law Office

Generally, when people think of judges, they often are thinking of the judges they see in Judicial branch courts. In our federal government we have three separate branches of government.

The Executive branch which contains the President, Vice President, and other officers. The Executive Branch executes the nation’s laws. This branch of government includes the Attorney General and Department of Justice.

The Legislative branch which is composed of Congress. Congress includes The House of Representatives and The U.S. Senate. The Legislature enacts the nations laws by statute.

The Judicial branch which is composed of the US Supreme Court, the lower federal courts, and its Judges. These are sometimes called “Article 3 courts” since they were established by article 3 of the US Constitution. The judicial branch interprets the Constitution and the laws enacted by Congress. 

Immigration Court is formally known as the Executive Office of Immigration Review. This is a department within the Department of Justice. Immigration Judges are appointment by the Attorney General and are not federal judicial branch judges.

Navigating the United States’ healthcare system while maintaining your immigration status could feel like an overwhelming journey to face alone. As you look forward to your retirement years, securing reliable health insurance is vital to protecting both your physical well-being and your hard-earned savings.

Fortunately, permanent residency opens doors to vital federal benefits that would safeguard your future quality of life. Understanding how your immigration timeline connects to these programs is the first step toward getting the peace of mind you truly deserve. So, keep reading as our experienced legal team explains how to apply for Medicare for green card holders—and if you are eligible.

What Is Medicare?

Medicare is health insurance for people aged 65 or older, certain people under 65 with disabilities, and people of any age with End-Stage Renal Disease (ESRD). It serves as a cornerstone of retirement planning, helping seniors cover hospital stays, routine doctor visits, and life-saving prescription medications.

Understanding Your Initial Enrollment and Work Credits

As a green card holder, your first chance to get Medicare usually starts 3 months before you turn 65 and ends 3 months after you turn 65. Any individual who applies for Medicare will need to show at least 40 Social Security/Medicare credits that were earned in the United States. In most cases, 40 credits equate to 10 years of work in the country.

Navigating how these work history requirements apply to your family dynamic could radically alter your coverage costs. For example:

The Marital Advantage

You would not necessarily need to build this entire credit history alone, as long as your spouse accumulated the required 40 credits. This means you could qualify based on their employment instead.

Paying for Part A

If you or your spouse do not possess the 40 credits, you could still enroll in Medicare Part A, but you would be required to pay an expensive monthly premium out of pocket.

The Late Enrollment Trap

Missing your strict seven-month initial enrollment window could result in permanent premium penalties, which would raise your healthcare costs for the rest of your life.

The Public Record Risk

Submitting incorrect employment or income verifications during a late application could flag errors in your immigration files, which would compromise your legal status.

The Five-Year Continuous Residency Rule Explained

To get Medicare Part B, a green card holder will also need to meet a 5-year permanent residency requirement immediately prior to applying for Medicare. A green card holder must continuously physically reside in the U.S. to meet this requirement. The period officially starts when a green card holder is admitted into the US as a legal permanent resident.

Understanding how the federal government calculates your physical presence is vital to protecting your health coverage eligibility. It is important to understand:

The Trapped Timeline

The five-year clock starts precisely on the “Resident Since” date printed on your physical Green Card, meaning any time spent in the U.S. prior to that on student, tourist, or work visas would not count toward this requirement.

The Six-Month Travel Trap

Short vacations abroad generally would not disrupt your residency. But an absence of six months or longer could legally break your continuity and reset your five-year Medicare timeline back to zero.

Documenting Your Domicile

You would need to maintain concrete proof of your physical residency during these five years. Items like standard utility bills, residential lease agreements, or official U.S. bank statements satisfy this requirement.

The Naturalization Link

Mishandling your residency dates on a federal healthcare application could trigger an unintended audit of your immigration file. If so, it could potentially jeopardize your future path to U.S. citizenship.

Understanding Public Charge Rules and Medicare Safety

Medicare is an earned benefit and therefore does not count towards the public charge rules. USCIS has listed Medicare as a benefit that it does not consider in the public charge inadmissibility determination. However, the shifting legal landscape requires permanent residents to remain highly vigilant. Make note of:

The Earned vs. Welfare Distinction

While Medicare is fully safe to use, other health programs like non-emergency Medicaid or low-income subsidies could still trigger a strict public charge review by immigration officers.

The 2026 Policy Shift

Effective September 18, 2026, the federal government is rescinding the predictable 2022 public charge framework. This change would grant USCIS officers much broader discretion to evaluate an applicant’s total financial situation.

The Totality of Circumstances

Under the updated standard, adjudicators could look past a strong Affidavit of Support to independently analyze your age, medical history, assets, and overall self-sufficiency.

The Safe Groups

It is important to note that these complex public charge assessments generally would not apply to refugees, asylees, or green card holders who are simply applying for future naturalization.

Have Questions About Your Medicare Eligibility as a Green Card Holder? Contact Us Today

Securing healthcare coverage as an immigrant involves a delicate intersection of federal guidelines and strict immigration laws. Miscalculating your physical presence or failing to properly document a past exit from the country could jeopardize both your Medicare eligibility and your legal status.

An experienced immigration attorney would assist you by auditing your travel history to safeguard your continuous presence, helping you track down required documentation, and protecting your path toward future naturalization. If you have questions about how your residency status impacts your rights or benefits, please reach out to Godoy Law Office today to schedule an evaluation with our dedicated legal team.

A green card holder is known as a legal permanent resident. A green card holder can become a US citizen in several ways.
First, a minor green card holder can derive automatic US citizenship through the naturalization of legal permanent resident parent. This applies when the green card holder was under the age of 18 at the time of his or her parent’s naturalization.
Second, a green card holder can apply for citizenship through a process called naturalization.
There are numerous requirements to be eligible for naturalization however there are some strict “wait time” requirements. The green card holder must meet the requirement for continuous residence in the United States.
Generally, the continuous residency requirement is 5 years from the date that the person became a green card holder.
However, if the green card holder is married to US citizen then they can apply at the 3 years after becoming a green card holder if: (1) the spouse has been a US citizen for 3 years and (2) both have lived in marital union for the same 3 years.
A green card holder who obtained his or her residency as the battered spouse or child of another US citizen or Legal Permanent resident may also apply 3 years after obtaining his or her green card.
Finally, there are special rules for enlisted military green card holders and their spouses that allow for naturalization without continuous residency. Generally, these applicants may apply for US citizenship after 1 year of service in the Armed Forces.
If you are a green card holder seeking US citizenship, please contact us for a consultation.

An immigration officer may come to your home. However, the immigration officer may not enter your home without your consent. In fact, you do not have to let any officer into your home unless they have an arrest warrant or a search warrant.

If a police officer has an arrest warrant, they are legally allowed to enter the home of the person named in the warrant. A valid arrest warrant must be signed by a judicial court Judge.

An immigration officer may attempt to show you a warrant of removal/deportation (Form-I-205) to gain access to your home. This type of warrant is an administrative warrant. It does not allow an immigration officer to enter your home without your consent. These warrants are not signed by a Judge. They are not issued by any court.

If you are serving out a court sentence or probation, then likely you have already agreed to allow a police or probation officer to enter your home. Not allowing a police or probation officer into your home may be a violation of your sentence. However, an immigration officer is not allowed to enter your home even when you are serving out a court sentence or probation.

If you need any help because you or a loved one have been arrested, please contact us for a consultation.

Unemployment insurance is considered an earned benefit and does not affect your immigration status. This is insurance that you and your employer have already paid for.

USCIS has also announced publicly that unemployment insurance is an earned benefit that isn’t considered for the public charge review.

Applying for unemployment insurance will not hurt your ability to renew your green card or apply for citizenship.

If you have any questions, please contact us today to schedule a consultation.

In Illinois, a law enforcement officer can stop you on the street and ask you to identify yourself. Once the officer has identified himself as a law enforcement officer then you must give your name and address is requested. 

If the officer asks you about your immigration status you do not need to disclose that information. You do not have to answer any question about your United States citizen status or your current immigration status.

If you are not a US citizen and an immigration officer asks you for your immigration documents, then you must present them. Under federal law you must carry your immigration documentation if you are an adult. However, you still do not have to verbally answer any question about your US citizenship status or your immigration status.

Anything that you say to an officer can later be used against you. If you are under arrest, then you should inform the officer that you will not answer any question without speaking to our attorney.

You should also tell the officer that you are exercising your right to remain silent.

If you have any questions, please contact us today to schedule a consultation.

The Trump administration announced by proclamation on October 4, 2019, plans to deny immigrant visas to applicants who can’t pay for health care. Effective November 3, 2019, consular officers have been ordered to bar immigrants seeking to live in the United States unless they “will be covered by approved health insurance” or can prove that they have “the financial resources to pay for reasonably foreseeable medical costs.” The new requirement makes more difficult for people to immigrate to the US. “Immigrants who enter this country should not further saddle our healthcare system, and subsequently American taxpayers, with higher costs,” Trump said in the proclamation.

Sidestepping Congressional Legislation

By issuing a presidential proclamation Trump sidesteps Congress and the executive branch regulatory process and does not provide an opportunity for public comment.

According to a report in the NY Times,

Once the policy is in place, people seeking those visas would be asked by consular officers to show how they intend to be covered by health insurance within 30 days of arriving in the United States. That could include proof that they will have health care through a job or will be covered under a relative’s insurance.

CNN reported,

Doug Rand, a former Obama official who worked on immigration policy, told CNN on Saturday that the policy would apply to some half a million people seeking green cards from abroad — most of whom will be the parents and spouses of US citizens.

Who Is and Is Not Affected

Immigrants with a valid visa issued before the proclamation’s effective date of November 3 are exempt, and the proclamation does not affect refugees and asylum seekers. Other exceptions to the new immigrant health care coverage rule include children of US citizens, unaccompanied minors, permanent residents who are returning to the US after being overseas less than a year, and “special immigrant visas” for Iraqi and Afghan nationals who worked for the US government, and their families.

Combined with the public charge bill, immigrant rights defenders say this discriminates against immigrants from poorer countries. The administration’s new public charge bill was announced in August and will allow officials to deny permanent legal status to immigrants who are poor, goes into effect October 15.

Godoy Law Office keeps the American Dream alive by helping guide immigrant family’s in making smart legal decisions. For a consultation regarding your immigration law concerns, contact Godoy Law in Chicago now.