Immigration Blog

Alexander J. Segal's picture

Justice Sotomayor Dissents from Decision to Lift Public Charge Stay

On February 21, 2020, the Supreme Court of the United States stayed a statewide injunction entered by the United States District Court for the Northern District of Illinois against the implementation of the public charge rule in Illinois by a vote of 5-4. In opposing the stay of the Illinois injunction, Justice Sotomayor wrote critically of both the Government’s myriad emergency applications to the Supreme Court to stay district court injunctions and the Supreme Court’s willingness to grant those stay requests. In this post, we will examine Justice Sotomayor’s dissent briefly.

Eliza Grinberg's picture

USCIS Accepting CW-1 Petitions Under CNMI Disaster Recovery Act

On February 19, 2020, the United States Citizenship and Immigration Services (USCIS) announced that it is now accepting CW1 nonimmigrant visa petitions under the CNMI Disaster Recovery Workforce Act. The CW1 nonimmigrant visa category is a special classification for nonimmigrants working in the Northern Mariana Islands.

Eliza Grinberg's picture

Supreme Court Stays Illinois-Specific Injunction Against Public Charge Rule

On February 21, 2020, the Supreme Court of the United States granted the Federal Government’s application to stay the preliminary injunction entered by the United States District Court for the Northern District of Illinois against the enforcement of its public charge final rule in Illinois. With the Court’s decision to stay the injunction that applied to Illinois alone, the Government will now apply the public charge final rule nationwide.

Melsida Asatrian's picture

New Public Charge Rule Takes Effect Nationwide

On February 24, 2020, the United States Citizenship and Immigration Services (USCIS) began implementing the public charge final rule, which it had published in August 2019, nationwide.

Alexander J. Segal's picture

USCIS Will Not Pre-Paid Mailers for FY 2021 Cap Subject H1B Petitions

On February 14, 2020, the United States Citizenship and Immigration Services (USCIS) announced that it “will not use pre-paid mailers to send out any communications or final notices for fiscal year 2021 cap-subject H1B petitions, including those requesting consideration under the advanced degree exemption.”

Eliza Grinberg's picture

USCIS Response to Coronavirus Outbreak in China

On February 5, 2020, the United States Citizenship and Immigration Services (USCIS) released a news update detailing its response to the ongoing novel coronavirus outbreak in China.

Melsida Asatrian's picture

DHS Publishes New Forms Due to Public Charge Rule

The USCIS has published new editions of all of its forms affected by the new public charge final rule, which will take effect outside of Illinois on February 24, 2020.

Alexander J. Segal's picture

Guidance for Residents of Illinois on New Public Charge Rule

On February 24, 2020, the United States Citizenship and Immigration Services (USCIS) will begin implementing its new public charge rule nationwide, except in Illinois. The new public charge rule remains enjoined in Illinois by the United States District Court for the Northern District of Illinois. The USCIS provided guidance for public charge determinations in Illinois under the current legal situation.

Eliza Grinberg's picture

DOS Updates Website to Increase Understanding of Family-Based Immigrant Visa Processing

On February 7, 2020, the U.S. Department of State (DOS) updated its website to provide information on its implementation of a fully digitized visa application process for family-based immigrant visa cases.

Melsida Asatrian's picture

Justice Gorsuch Weighs In Against Universal Injunctions in Public Charge Case

On January 27, 2020, the Supreme Court of the United States stayed a universal injunction entered by the United States District Court for the Southern District of New York (SDNY) against the Department of Homeland Security’s (DHS’s) new public charge rule. In this post, we will briefly examine an interesting concurring opinion authored by Justice Neil Gorsuch, and joined by Justice Clarence Thomas, inveighing against the increasing tendency of district court judges to enter universal injunctions, preventing the Government from implementing a policy nationwide.

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