Since former President Donald Trump won re-election, there has been a flurry of speculation about what to expect during his second administration. While there is much we don’t know, his first presidency offers clues regarding...more
The public charge provisions in the Immigration Nationality Ac (INA) have been part of U.S. immigration law for decades. We recently reported that on December 23, 2022, the Department of Homeland Security (DHS) began using a...more
On December 9, 2022, U.S. Citizenship and Immigration Services (USCIS) announced the release of a new version (12/23/22) of Form I-485, Application to Register Permanent Residence or Adjust Status, in connection with a new...more
The Department of Homeland Security (DHS) recently issued a new “public charge” final rule that will go into effect December 23, 2022. The new rule will apply to all permanent residency (Green Card) applications filed on or...more
After years of litigation followed by uncertainty, the Department of Homeland Security (DHS) has taken the official action of issuing a new final rule that “restores the historical understanding of a ‘public charge’ that had...more
On September 8, 2022, United States Citizenship and Immigration Services (USCIS) announced its long waited public charge rule. As outlined in our previous alert, in March 2021, USCIS rescinded its public charge rule, which...more
Democrats Begin Process of Enacting Administration’s Domestic Goals. It took some good old-fashioned politicking, but earlier this week the U.S. House of Representatives approved a $3.5 trillion budget resolution that...more
In February, we outlined some immediate and anticipated changes in the business immigration environment after the Biden Administration took office. Now that several months have passed and the Administration has had time to...more
In its first 100 days in office, the Biden administration has advanced its policy priorities, many of which have involved repealing the policy accomplishments of the previous presidential administration. The Biden...more
Last month, President Joe Biden (“President Biden”) wrapped up his first 100 days as President of the United States – focusing on a myriad of issues from the Coronavirus pandemic (“COVID-19”) to America’s immigration system....more
On March 9, 2021 the Department of Homeland Security (DHS) announced that it will no longer enforce the Public Charge rule that originally took effect on February 24, 2020. Based on a number of recent U.S. Court of Appeals...more
Beware the Ides of March? Not in 2021. Spring has brought the immigration world some welcome relief. USCIS announced this month that the much-maligned Form I-944, Declaration of Self-Sufficiency, will no longer be required....more
On March 9, 2021, the U.S. Department of Homeland Security (DHS) announced that the Biden administration would no longer enforce the 2019 public charge rule implemented by the Trump administration. DHS Secretary Alejandro N....more
In August 2019, U.S. Citizenship and Immigration Services (USCIS) introduced the Public Charge Final Rule, which required applicants for adjustment of status in the United States to submit Form I-944, ‘Declaration of...more
The Trump Administration’s draconian 2019 Public Charge Final Rule is no longer in effect. U.S. Citizenship and Immigration Services (USCIS) announced it will revert to utilizing the public charge guidance that was in...more
For the last year, the fate of the Public Charge Rule, which expanded the ability of the U.S. Citizenship and Immigration Services to deny green cards to lower-income foreign nationals, has been uncertain. In addition to the...more
Readers of our blog know that Haider, Alex and I have a longstanding interest in the intersection of health care law and immigration law. That’s important for our blog, especially because of the needs of the immigrant...more
Biden Signs Sixth COVID-19 Aid Package Into Law. President Joe Biden promised the country an enormous economic rescue plan, and he delivered. On March 11, 2021, President Biden signed into law the American Rescue Plan Act of...more
On March 9, 2021, the Department of Homeland Security (DHS) announced that it will no longer seek judicial review of any court decisions invalidating the 2019 Public Charge Final Rule, noting: Today, DHS Secretary...more
Secretary of the Department of Homeland Security (DHS) Alejandro Mayorkas has announced that the public charge rule, put in place by the Trump administration in 2019, is no longer in effect. Instead, DHS will return to its...more
USCIS recently announced that the Form I-944, Declaration of Self-Sufficiency and any information and documentation required as part of the form are no longer required in response to a recent U.S. Supreme Court decision not...more
American Medical Assn. v. Cochran, No. 20-429; Cochran v. Mayor and City Council Baltimore, No. 20-454; and Oregon v. Cochran, No. 20-539: In 2019, the Department of Health and Human Services (“HHS”) promulgated a rule that,...more
This is an update to what we reported in December on the status of the “Public Charge Rule.” The rule remains in effect, but it is likely to either be rescinded by the Biden Administration or enjoined by a court. In the...more
In the span of a single day earlier this week, President Joe Biden signed three Executive Orders on immigration while the Senate confirmed Alejandro Mayorkas as Secretary of Homeland Security – actions that will eventually...more
President Joe Biden signed three new executive orders relating to immigration on Tuesday. Along with the executive orders issued immediately after his inauguration and the immigration legislative proposal sent to Congress on...more