On December 2, 2020, the Ninth Circuit Court of Appeals upheld preliminary injunctions issued against DHS’s Public Charge Rule. In its order, the panel majority vacated a nationwide injunction issued by the Eastern District of Washington. Consequently, it remains unclear whether the Eastern District of Washington will need to revisit its order to address the scope of relief.
K1 Fiance Visas Illegally Stalled
The U.S. District Court for the District of Columbia in Milligan, et al. v. Pompeo, et al., 11/19/20, held that the US Department of State for consular affairs acted unlawfully in suspending processing of K-1 visas in the 31 countries. The President issued a series of Proclamations during 2020 relating to COVID-19 concerns.
DACA Reinstated
On July 28, 2020, Defendant Chad F. Wolf issued a memorandum that effectively suspended DACA. However, such an attempt by the Trump Administration to severely limit or terminate DACA failed again.
Immigration Public Charge Rule Vacated Nationwide – Again
On November 2, 2020, the U.S. district court for the Northern District of Illinois (Judge Gary Feinerman) granted summary judgment in favor of plaintiffs on their claim that DHS’s Public Charge Rule, 84 Fed. Reg. 41,292 (Aug. 14, 2019) violates the Administrative Procedure Act (“APA”), 5 U.S.C. § 701 et. seq.
Immigration Marriage Fraud – Determined Years Later
A new decision by the US Board of Immigration Appeals reminds us that couples must be careful when filing for USmarriagevisas or green cards. An immigration officer can deny a petition when the information or documentation is insufficient to show the marriage is genuine. Left unchallenged, such a finding can open the door to a claim of marriage fraud down the road.
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