The Public Charge Rule – A Summary from the American Immigration Lawyers Association
USCIS Updates Guidance on Employment Authorization for E and L Nonimmigrant Spouses
The U.S. Citizenship and Immigration Services (“USCIS”) has updated guidance in its USCIS Policy Manual to address the documentation that E and L nonimmigrant spouses may use as evidence of employment authorization based on their nonimmigrant status. On November 12, 2021, the USCIS issued a policy announcement to clarify that it will consider E and L […]
DHS Drops Appeal of the U.S. District Court’s Ruling in Behring Regional Center LLC v. Mayorkas
On January 5, 2022, the Department of Homeland Security (“DHS”), on behalf of the United States Citizenship and Immigration Services (“USCIS”), filed a motion to dismiss its appeal of a U.S. District Court’s ruling in the case Behring Regional Center LLC v. Alejandro N. Mayorkas, et al. (“Behring v. Alejandro”). In the case of Behring […]
A DS-261 Online Choice of Agent Form Cannot Be Used as a Substitute to Replace a U.S. Attorney’s G-28 in Immigration Matters
United States licensed attorneys representing clients before the Department of Homeland Security (“DHS”) or the Department of State (“DOS”) submit a Form G-28 Notice of Entry of Appearance as Attorney or Accredited Representative (“Form G-28”). Submitting a Form G-28 notifies DHS and DOS that this person is being represented by an attorney. This is particularly […]
Deferred Enforcement Departure for Certain Residents of Hong Kong
On August 5, 2021, President Biden issued the “Deferred Enforcement Departure for Certain Residents of Hong Kong” memorandum (the “Memorandum”), directing the Department of Homeland Security (“DHS”) to take appropriate measures to defer for 18 months the removal of Hong Kong residents presently in the United States. Hong Kong residents in the United States whose […]
DHS Announces End to Public Charge Litigation
The United States Department of Homeland Security (“DHS”) has announced that the Department of Justice (“DOJ”) will no longer appeal judicial decisions invalidating or enforcing the 2019 Public Charge rule. Noting that litigating inadmissibility based on public charge is neither in the public interest or an efficient use of limited government resources, once the previously […]
DOS Announces New Visa Bond Pilot Program for Certain B-1 B-2 Visa Applicants
The United States Department of State (“DOS”) has announced the creation of a six-month pilot program under which certain B-1/B-2 visa applicants may be required to post a bond as a condition of visa issuance. The program, which was published in the Federal Register on November 24, 2020 will become effective on December 24, 2020. […]
U.S. Court of Appeals Allows Public Charge Rule to Continue
In what appears to be a judicial game of tennis, the United States Court of Appeals for the 7th Circuit overturned a lower federal judge’s decision to stop the United States Department of Homeland Security’s (“DHS”) public charge rule and is allowing DHS to continue to implement the rule. On November 2, Judge Gary Feinerman […]
Public Charge Rule is Now Stopped – Again – In Latest Round of Litigation
A federal judge has stopped the United States Department of Homeland Security (“DHS”) public charge rule which was recently allowed to proceed after an injunction was lifted by the United States Circuit Court for the Second Circuit. Judge Gary Feinerman of the U.S. District Court for the Northern District of Illinois vacated the rule after […]
DHS to Introduce New Rule Holding Immigrant Sponsors Accountable for Failing to Meet Contractual Obligations
The United States Department of Homeland Security (“DHS”) has introduced a rule that would hold immigrant sponsors accountable for failing to meet contractual obligations that they enter when sponsoring a foreign national for an immigrant visa. The new rule comes after the United States Court of Appeals for the Second Circuit issued a decision allowing […]