Immigration Law

Recent Posts

USCIS Alert: Public Charge Rule Enjoined
Posted on 14 Oct 2019 by Daniel M. Kowalski

USCIS, Oct. 11, 2019 "On Oct. 11, 2019, judges in three separate cases before U.S. District Courts for the Southern District of New York (PDF) , Northern District of California (PDF) , and Eastern District of Washington (PDF) enjoined DHS from... Read More

Courts block Trump rule to deny green cards and visas to low-income immigrants
Posted on 12 Oct 2019 by Daniel M. Kowalski

Camilo Montoya-Galvez, CBS News, Oct. 11, 2019 "Three federal courts on Friday 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... Read More

Three Courts Block 'Public Charge' Regulation
Posted on 12 Oct 2019 by Daniel M. Kowalski

State of WA v. DHS - nationwide preliminary injunction State of NY v. DHS - nationwide preliminary injunction San Francisco v. USCIS - limited preliminary injunction: "Defendants U.S. Citizenship and Immigration Services, Department of Homeland... Read More

State Department 'Public Charge' Interim Final Rule, Request for Comments
Posted on 11 Oct 2019 by Daniel M. Kowalski

Federal Register / Vol. 84, No. 198 / Friday, October 11, 2019 "This final rule amends Department of State (‘‘Department’’) regulations by prescribing how consular officers will determine whether an alien is ineligible for... Read More

7 Pages of Corrections to 'Public Charge' Rule; Analysis
Posted on 2 Oct 2019 by Daniel M. Kowalski

Federal Register / Vol. 84, No. 191 / Wednesday, October 2, 2019 "The Department of Homeland Security (DHS) is making corrections to a final rule that appeared in the Federal Register on August 14, 2019. That final rule will amend DHS regulations... Read More

USCIS Cites to 1911 'Cruel Injustice' Case to Support Public Charge Rule
Posted on 20 Aug 2019 by Daniel M. Kowalski

David Isaacson, Aug. 20, 2019 “An Act of Cruel Injustice”: If the Trump Administration is Relying on Grudging Court Acceptance of Cruel Results as Support for the New Public Charge Rule, What Does That Say About the Rule? ... Read More

Third Lawsuit Filed Challenging 'Public Charge' Rule
Posted on 16 Aug 2019 by Daniel M. Kowalski

NILC, Aug. 16, 2019 " CONTACT – National Immigration Law Center: Hayley Burgess, 202-384-1279, media@nilc.org – Western Center on Law & Poverty: Courtney McKinney, 214-395-2755, cmckinney@wclp.org – Asian Americans Advancing... Read More

Second Lawsuit Filed Against 'Public Charge' Rule
Posted on 15 Aug 2019 by Daniel M. Kowalski

Washington State Office of the Attorney General, Aug. 14, 2019 "Attorney General Bob Ferguson today co-led a coalition of 13 states in filing a lawsuit against the U.S. Department of Homeland Security over changes to the “public charge”... Read More

California Counties File First Lawsuit Over Trump's 'Public Charge' Rule
Posted on 14 Aug 2019 by Daniel M. Kowalski

Chris Mills Rodrigo, The Hill, Aug. 13, 2019 "Two California counties on Tuesday filed the first lawsuit against the Trump administration's new "public charge" rule that allows the government to deny entry or green cards to immigrants... Read More

USCIS Public Charge Final Rule (Aug. 14, 2019)
Posted on 14 Aug 2019 by Daniel M. Kowalski

Federal Register / Vol. 84, No. 157 / Wednesday, August 14, 2019 "This final rule amends DHS regulations by prescribing how DHS will determine whether an alien applying for admission or adjustment of status is inadmissible to the United States... Read More

Expert: New 'Public Charge' Rule Likely to Mean More Green Cards Denied
Posted on 13 Aug 2019 by Daniel M. Kowalski

Tessa Berenson, Brian Bennett, Time Magazine, Aug. 13, 2019 "Immigration groups vowed to fight a Trump Administration plan to deny green cards to applicants who use Medicaid, food stamps and other forms of public assistance, as experts warned the... Read More

Advance Copy of USCIS 'Public Charge' Final Rule
Posted on 12 Aug 2019 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 08/14/2019 "This final rule amends DHS regulations by prescribing how DHS will determine whether an alien applying for admission or adjustment of status is inadmissible to the... Read More

Public Charge IV Denials Skyrocket Under Trump
Posted on 6 Aug 2019 by Daniel M. Kowalski

Ted Hesson, Politico, Aug. 6, 2019 "The number of Mexicans refused immigrant visas to the U.S. because they might become dependent on government benefits skyrocketed under President Donald Trump, according to State Department data obtained by POLITICO... Read More

'Public Charge' FAM Change Triggers Consular Abuse of 212(a)(4)
Posted on 16 Apr 2019 by Daniel M. Kowalski

According to FY2018 DOS statistics , "DOS rejected 13,450 applications for immigrant visas in FY2018 based on a determination that the applicant could become a "public charge," a 316 percent increase from FY2017 when it denied 3,237 applications... Read More

More 'Public Charge' Proposed Rule Comments
Posted on 11 Dec 2018 by Daniel M. Kowalski

From the Center for Migration Studies - "In a comment submitted to the federal government on the proposed rule regarding public charge determinations, the Center for Migration Studies of New York (CMS) argued that the rule was overly broad and would... Read More