Supreme Court denies Obama Immigration Rehearing

04 Oct Supreme Court denies Obama Immigration Rehearing

By Atty. Crispin Caday Lozano

The Supreme Court rejected Monday 10/03/2016, a request from the Obama administration to rehear a case concerning its executive actions on immigration, dealing another blow to the President’s attempt to put in place programs aimed at helping more than 4 million undocumented immigrants.

The programs sought to aid those undocumented immigrants to be able to come out of the shadows and apply for programs that could qualify them for work authorization and associated benefits.

Immigration ruling shows risks of relying on executive actions

Last June, the eight-member court announced it was evenly divided in the case and issued a one-sentence ruling, without comment or dissent, upholding a lower court opinion that blocked the programs from going forward.

The Obama administration asked the court this summer to rehear the case once it had nine members again, although it is unclear when that will be.

Acting Solicitor General Ian Gershengorn argued in briefs that the court “should grant rehearing to provide for a decision by the court when it has a full complement of members, rather than allow a nonprecedential affirmance by an equally divided court to leave in place a nationwide injunction of such significance.”

Without comment, the court denied the request, handing a victory to Texas and 25 other states who challenged the programs arguing they represented an unauthorized abuse of presidential power.

Although the Supreme Court will not take up the case again for now, it has been returned to the District Court Judge in Texas.

1. USCIS Proposes Significant Increase in Filing Fees

Common Case Types with Proposed Fee Changes

The list of forms or case types for which fees would be increased is extensive. The increases would affect H1Bs, L-1s, and most other employment-based, nonimmigrant categories. Fees for family- and employment-based green card cases would increase, too, as would the cost to apply for U.S. citizenship.

Examples of commonly used forms that would see fee increases are:

Petition Type with Current Fee and Proposed Fee

I-129

Petition for Nonimmigrant Worker from $  325 to $  460

I-130

Petition for Alien Relative from $  420 to $  535

I-131

Application for Travel Document from $  360 to $  575

I-140

Immigrant Petition for Alien Worker from $  580 to $  700

I-485

Application to Register / Adjust Status from $  985 to $1140

I-539

Application to Extend / Change Nonimmigrant Status from $  290 to $  370

I-765

Application for Employment Authorization from $  380 to $  410

N-400

Application for Naturalization from $  595 to $  640

Reduced Fee for Some Naturalization Applications

The proposed rule sets forth potential changes to the fee requirements for naturalization applications for families that meet designated income limitations. Under current regulations, a naturalization applicant can request a fee waiver for both the N-400 application ($595) and the corresponding biometrics ($85). The proposed rule would leave the fee waiver in place, and also create an option allowing for a 50 percent fee reduction for non-military naturalization applicants who have incomes greater than the 150 percent of poverty line, but not more than 200 percent of the poverty guidelines. The USCIS estimates that 11 percent of naturalization applicants fall within this category.

Note: This is not a legal advice

III.    News from the Philippines

1. Pres. Duterte threatened to scrap EDCA. The CPP also endorsed to the President the scraping of EDCA.  The AFP wanted clarification from the DND if the statement is true.
2. Pres. Duterte apologized to the Jewish community for mentioning Hitler in comparing himself in his anti drug war.
3. SUCCESS STORIES
4. On September 12, 2016, we received an approval from Immigration Court for a waiver of misrepresentation for a client who entered as single but actually married at date of entry.
5. On September 1, 2016, we received an approval of naturalization from USCIS for two clients who has unpaid taxes but with IRS agreement.
6. On August 11, 2016, we received an approval from USCIS of a green card based on employment without any interview.
7. On July 29, 2016, we received an approval of Naturalization from USCIS for an alien who has an approved waiver for entering as single but actually married.
8. On July 21, 2016, we received an approval of Naturalization from USCIS for an alien who has an approved waiver for using a different name.
9. On July 11, 2016, we received an approval of I-360 self petition by abused spouse from USCIS.
10. On June 15, 2016, we received an approval of I-601 waiver for a client who made a misrepresentation when she entered on an A2 visa under another person name.
11. On May 25, 2016, we received an approval of green card for a client who used a different name from her birth certificate. We proved that she has been using her different name since she was in grade school.
12. On April 28, 2016, we received an approval of PERM for a client who is employed in the Philippines.
13. On April 19, 2016, we received an approval from USCIS for naturalization of a client who has a criminal record that happened five years ago.
14. On April 11, 2016, we received an approval from USCIS for adjustment of status for a client who used a different name on her passport.
15. On April 5, 2016, we received an approval from USCIS for petition by son to a father. The son was born out of wedlock and the father’s name was not on his birth certificate.
16. On March 8, 2016, we received an approval of immigrant visa for a former crewman with whom we filed for provisional waiver.
17. On February 3, 2016, we received an approval from USCIS of naturalization for client who has an approved waiver of misrepresentation.
18. On January 28, 2016, we received an approval from USCIS for an I-360 self petition for abused spouse of U.S. citizen.
19. On January 26, 2016, we received an approval from USCIS for an adjustment of status for client with big age difference with the U.S. citizen spouse based on good faith marriage.
20. We have more success stories at our website at crispinlozanolaw.com