As as the US death toll approaches 200,000 from the spread of coronavirus due in large part to Trump's denials ad falsehoods about this plague, and lives continue to be lost in police killings of anti-racism protesters; and while the future of America's democracy itself remains uncertain because of Trump's attempt to dismantle the Us Post Office and make it impossible to conduct a fair and open election in November, it is not surprising that supporters of the president's policies would be looking around even more frantically for a way to divert attention.

What better way could there be than to fall back on the all-too-familiar attempt to stoke fears of large scale migration to the US through the Southern border, as some of Trump's border policy supporting organizations are now doing in support of his re-election campaign

Of course, there is nothing wrong with discussing ways of controlling unauthorized immigration. See:

https://cis.org/Bensman/Will-We-See-Biden-Effect-Border

But is that really the biggest problem facing America today as Covid-19 rages out of control from Trump's scandalous and irresponsible attempts to force "reopening" of America without adequate precautions and against all medical advice?

And are America's borders really under a greater threat than our democracy itself is, from a President who claims the power to rewrite our immigration laws through executive action without any input from Congress, and who, according to a former DHS officia, offered pardons in advance to DHS officers if they would agree to break the law to carry out his border policies? See: The Hill. August 25:

https://thehill.com/homenews/administration/513588-former-dhs-official-says-trump-offered-pardons-for-carrying-out

Meanwhile, as I have pointed out earlier, while the mainstream media have breathed a collective sdigh of relief at USCIS's latest announcement that it has cancelled its threat to shut down America's entire legal immigration system beginning on August 30. the agency also claims that it only has enough money to keep operating for one more month, until the end of the fiscal year.

https://www/uscis.gov/news/newa-release

Therefore, the threat of a complete legal immigration shutdown beginning in October, 2020 still remains, along with many questions about whether the claimed USCIS budget shortfall is real and if it is whether it is due to Trump's attempt to turn USCIS into an immigration enforcement agency instead of an immigration benefits one. See: Forbes: August 17:

www.forbes.com/sites/stuartanderson/2020/08/17/uscis-staf-furloughs-will-grind-legal-immigration-to-a-halt/#4c9868771152

Against the above background, however, there is one positive immigration development regarding legal immigration benefits. While there has been no official USCIS announcement .on this topic that I am aware of, I have received several client reports that scheduled USCIS green card interviews for employment-based I-485 adjustment of status applications that were initially cancelled pending rescheduling because of the coronavirus outbreak have now been waived.


Recently two of my own employment based adjustment clients who had been waiting for cancelled intervies to be rescheduled were notified that their green cards were approved without an interview. I have also heard anecdotal reports of this happening in other cases.

For those of us whose memories go back a the time before the Trump presidency, green card interviews n used to be required in employment-based adjustment cases only in exceptional circumstances. But shortly after Trump took office, USCIS changed its policy to require in-person interviews in all such cases.

The onlly possible reason for this was to cause massive delays in issuing all green cards by placing a major extra burden on already overworked USCIS staff. One might also speculate that this totally unnecessary and unjustified policy might well have contributed to the claimed USCIS budget shortfall.

While this apparent change back to the previous policy of not requiring interviews in such cases is welcome, no one knows how long it will last.


Roger Algase
Attorney at Law