16 Oct Public Charge Rule Blocked Nationwide
By Atty. Crispin C. Lozano
As of October 15, 2019, the Trump Administration Public Charged Rule was blocked nationwide by three Federal Court Judges. The restraining order made nationwide will prohibit the DHS, USCIS and the U.S. Consulates worldwide to implement the proposed rule that will limit the ability of immigrant to get a visa if they will become a public charge as defined in the new rule by the Trump administration.
Three federal courts on Friday October 11, 2019, blocked a sweeping regulation that would’ve made it easier for the Trump administration to reject green card and visa applications filed by low-income immigrants whom the government determines are or might become a burden on U.S. taxpayers.
Judge George Daniels of the U.S. District Court in Manhattan issued a preliminary nationwide injunction prohibiting the administration from enforcing the so-called “public charge” rule just days before it was slated to take effect on Tuesday. A federal judge in Washington state also blocked the regulation nationwide, while a third district court judge in San Francisco said the administration could not enforce the rule within the jurisdiction of the 9th Circuit Court of Appeals.
The decisions represent yet another defeat in court for the White House and its concerted campaign to dramatically overhaul the nation’s legal immigration system. They also signify a major legal triumph for a coalition of advocacy groups and Democratic-led states, counties and cities that challenged the rule through nearly a dozen lawsuits in federal courts across the country.
Daniels in his order faulted the government for not adequately explaining why it was changing the definition of a “public charge” or why the change was needed. “The Rule is simply a new agency policy of exclusion in search of a justification,” he wrote in his ruling. “It is repugnant to the American dream of the opportunity for prosperity and success through hard work and upwards mobility.”
Note: This is not a legal advice. They should consult with an immigration lawyer about their specific situation.
- For the month of October 2019, we received four naturalization application approvals and one renewal of green card approval.
- For the month of September 2019, we received approval of two naturalization applications, one adjustment of status and one application to remove condition on residence.
- For the month of August, 2019, we received approval from Immigration Court for a waiver of misrepresentation for a client who has committed marriage fraud. We also received approval from USCIS of two naturalization applications and two fiancé visa petition.
- For the month of July 2019, we received approvals of three N-400 application for Naturalization, one I-751 Petition to remove condition of residence with interview and two I-90 renewal of green card.
- For June 2019, we received approvals of four adjustment of status, six naturalization applications and two certificate of citizenship applications, and one Removal of condition on resident.
- On May 6, 2019, we received approvals of three adjustment of status applications and two Naturalization applications.
- On April 24, 2019, we received approval from USCIS for three naturalization applications and one adjustment of status.
- On March 29, 2019, we received an approval of adjustment of status for a client whose petitioner and primary beneficiary has died under INA 204(l)
- On March 28, 2019, we received an approval of renewal of green card for a client who was in the Philippines under medical treatment for one and a half years.
- From March 4 to 26, 2019, we received six adjustment of status approvals.
- For the month of February, 2019, we received tow approvals of renewal of green card and one approval of removal of condition on residence.
- On January 16, 2019, we received an approval of naturalization for a client who received a waiver of misrepresentation in Immigration Court.
If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse which could lead to deportation and family separation.
Crispin Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers. He practices immigration law, bankruptcy and personal injury law since June 1999. His contact phone is 1-877-456-9266, email: info@CCLlaw.net