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Another win for the Law Offices of Brian D. Lerner in the Marriage Petitions

Application for adjustment of status approved for Nigeria client and his U.S. citizen spouse despite recent marriage and lack of joint documents

Another win for the Law Offices of Brian D. Lerner

Deportation proceedings reopened for Vietnamese client who was ordered deported in 1993 and who has been on an Order of Supervision since.  212(c) application then granted despite 6 convictions, including two drug convictions.  Client is now a lawful permanent resident again and can apply for citizenship immediately.

A federal judge ruled that the government cannot hide whether it uses social media surveillance tools.

The ACLU sued the DOJ in early 2019, arguing that after a Freedom of Information Act (FOIA) request, the FBI wrongfully hid information on whether the government has social media surveillance records. Because acknowledging the use of social media surveillance would not reveal specific means of surveillance nor risk national security, Judge Chen ruled against the government, saying this should have been included in the information release. Several other agencies, including USCIS, ICE, and the State Department, have also acknowledged using social media surveillance. The ACLU emphasized that it is important to know the extent and capability of government surveillance, since being unable to speak freely harms immigrants and people of color in particular.

A federal judge ruled that asylum seekers at the U.S. border before mid-July are not subject to the asylum limits that were implemented after.

The Trump administration issued a rule in mid-July that required asylum seekers who traveled through other countries on the way to the U.S. border to first seek asylum in those countries. In practice, this meant that those arriving in Mexico would need to seek asylum in Mexico first. Asylum seekers who had already presented at the U.S. border but were sent back to Mexico to wait were being processed under the new rule and denied the ability to apply for asylum. A federal judge in California ruled that the rule does not apply to asylum seekers who arrived at the U.S. border prior to the rule’s existence. If not for the “metering” policy the U.S. employs by making asylum seekers live in Mexico while waiting for a court date, those asylum seekers would have arrived in the U.S. before the rule went into effect.

A federal judge blocked the new rule requiring prospective immigrants to have health insurance.

The Trump administration unveiled a rule in October that would require prospective immigrants to prove they have health insurance before they can receive a visa. Currently, the policy is blocked by an emergency order that ends on November 30. Yesterday, Judge Simon from Oregon issued a preliminary injunction against the health insurance rule, blocking it while litigation proceeds. The main focus of the ruling was that the policy was inconsistent with the INA, the governing law enacted by Congress.

Immigration restrictions are hurting the ballroom dancing business.

 With a shortage of U.S. ballroom dancers to work as instructors, studios have looked overseas. Tightened immigration restrictions, however, have made this more difficult. Redundant evidence requests and backlogs have lengthened the amount of time it takes to bring a hired dancer to the U.S., and even after approval, some are seeing their new dancers be detained at the airport and denied entry. There is demand for these workers, who would generally receive O-1 visas, indicating extraordinary ability in their field. Yet they are unsure what more they can do to show they should be granted a visa. The Department of State reported that there has been no policy change for O-1 visas

The number of foreign students in the U.S. has decreased for the 3rd year in a row.

 A report from the Institute of International Education showed that foreign student enrollment in U.S. universities dropped by 1% compared to 2018, and the two years prior had drops of 7% and 3%. The drop in the number of students from China has been particularly sharp. Some schools pointed out the president’s rhetoric as one reason for the downturn. The Trump administration instead theorized that the drop was due to high tuition costs and not immigration policies.

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