How Is the Current Covid-19 Pandemic Affecting My Case?
How is the current COVID19 pandemic affecting my case? This is a question that I am receiving daily during this unsettling time full of the unknown. While there is no straight forward, black and white, answer, there are a few things that we do know. First, while the situation is ever-changing, most district courts in Oklahoma have postponed jury trials, non-emergency hearings, and other non-urgent legal affairs until May 15th. However, many administrative offices have continued to processes cases.
As it relates to the Social Security Administration, its offices are closed to the public. However, cases continue to be reviewed and decisions made on disability applications. Additionally, Social Security disability appeals continue to be heard. While the Office of Hearings Operations is closed, hearings are actually taking place. Disability appeals hearings are being conducted as scheduled but via telephone. For my clients, I am giving them the option to come to our law office to be in the room with me while we have the telephone hearing, or the client may stay at home and a three-way call will be made by the hearings office. Most of my client meetings are currently taking place via phone or skype, but I understand the importance to many clients that their attorney be physically present with them at a hearing so I have set up a large conference room with space to allow social distancing while also being present together for the phone hearings. One benefit that I have seen during this strange time is that it appears that the Administration is processing claims quicker and making decisions faster than usual, likely due to have more time to process existing claims while they are closed to the public.
Many immigration clients are panicking after President Trump's Executive Order that was signed on April 22nd. Don't panic! The Executive Order suspends immigration visas for 60 days. It is not a permanent thing, although it is possible that another Order may follow prolonging the suspension, or even extending it to be stricter. However, there ARE exceptions and this does not suspend ALL immigration. Specifically, the Order applies to immigrant visas for foreign nationals living OUTSIDE the United States. Anyone applying for adjustment of status who is already in the United States on a non-immigrant visa will still have their application processed. Additionally, it does not apply to family members of U.S. Citizens. An adopted child (including a child to be adopted on an IR-4 or IH-4 visa) of a U.S. Citizen or a spouse of a U.S. citizen may still be issued an immigrant visa or green card during this time. In short, if you have a family-based petition pending, you case will continue to be processed at this time. While USCIS offices are closed to the public, cases continue to be reviewed.
While we all hope to get back to "normal" sooner than later, I am happy to able to share with my Social Security and Immigration clients that those cases continue to be moving. If you have any questions about your case or are looking for someone to represent you in your Social Security or Immigration matter, please give me a call at (405)310-8129.