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 of the U.S. District Court for the Northern District of Illinois issued a nationwide injunction preventing DHS from implementing the public charge rule on the grounds that it violated the Administrative Procedures Act. The following day, the higher Court of Appeals granted DHS’s motion for administrative stay which allows the rule to continue.

Confused?  We understand.  For more information on how the public charge rule may affect both immigrant and nonimmigrant visa applicants in Asia, contact us today at info@enterlinepartners.com and speak with a U.S. immigration lawyer in Ho Chi Minh City, Manila and Taipei.

US Court of Appeals Seventh Circuit

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Copyright 2020. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.