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DOS Provides Update on Public Charge

Posted on April 1, 2021 by sethlerner1964

that it has updated its guidance to consular officers on how to proceed while DOS’s October 2019 interim final rule and January 2018 FAM guidance are enjoined. Under this guidance, consular officials will apply the public charge standard that had been in effect prior to these changes when adjudicating applications.

https://cbocalbos.wordpress.com/tag/lawsuit-against-new-public-charge-rule/

https://cbocalbos.wordpress.com/tag/new-public-charge-rule/

https://cbocalbos.wordpress.com/tag/another-case-on-yet-the-public-charge-rule/https://californiaimmigration.us/dhs-officially-issues-statement-on-2019-public-charge-rule/

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SCIS Publishes Final Rule Restoring Previous Public Charge Regulations

Posted on March 21, 2021 by sethlerner1964

USCIS published a final rule, effective March 9, 2021, removing from the Code of Federal Regulations the regulatory text that DHS promulgated in the August 2019 public charge rule and restoring the regulatory text to appear as it did prior to the issuance of the August 2019 rule.

https://cbocalbos.wordpress.com/tag/lawsuit-against-new-public-charge-rule/

https://cbocalbos.wordpress.com/tag/new-public-charge-rule/

https://californiaimmigration.us/dhs-officially-issues-statement-on-2019-public-charge-rule/

https://cbocalbos.wordpress.com/tag/another-case-on-yet-the-public-charge-rule/

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Supreme Court agrees to hear challenge to Trump admin’s public charge rule.

Posted on March 3, 2021 by sethlerner1964

he Supreme Court agreed to take up a case brought by various groups and state officials challenging a Trump-era rule that makes it more difficult for immigrants to obtain legal status if they use public benefits, like Medicaid, food stamps, and housing vouchers. The case challenges the public charge rule which was issued in August 2019 and is still in effect across most states. Advocates and several states that oppose the rule say the changes would penalize immigrants who rely on temporary assistance from the government and impose costs on the states.

tps://brian-d-lerner-blog.com/tag/board-immigration-appeals/

https://cbocalbos.wordpress.com/tag/bia-board-of-immigration-appeals/

https://californiaimmigration.us/losing-at-the-immigration-court-is-not-the-end-get-a-long-beach-deportation-lawyer-to-appeal-to-the-board-of-immigration-appeals/

https://cbocalbos.wordpress.com/tag/immigration-appeals/

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LPR Applicants, Their Sponsors, and Immigrant and Civil Rights Groups Sue over Law Violations in Implementation of Trump Administration’s Public Charge “Wealth Test”

Posted on July 14, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

A group of applicants for lawful permanent residence, their sponsors, nonprofit immigration legal service providers, and immigrant and civil rights groups sued the Trump administration for violating the law in its implementation of the new public charge regulation, alleging that the USCIS guidance for implementing the regulation goes further than the regulation itself to exclude individuals who merit admission to the United States. The complaint was filed by lawyers from AILA, the National Immigration Law Center (NILC), Jenner & Block LLP, and Morgan Lewis & Bockius LLP. AILA Director of Federal Litigation Jesse Bless said, “The administration took a discriminatory and terrible regulation … and made it even worse through the [USICS Policy Manual] and overreach for information included in the new Form I-944.”

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