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12/7/2020 Issue

Statue of Liberty on Island in New York with flag of the United States of America
      On Friday, 12/4/2020, a Federal Judge issued an order instructing the USCIS to immediately begin implementing the DACA program exactly as it was before President Trump tried to cancel it.
Meaning: USCIS must accept and process new applications from eligible applicants who never applied before (not only renewals of old applications), and DACA-based employment permits must be for two years (not one year), and DACA recipients should be eligible for Advance Parole to enable travel out of the U.S. and legal return.
Good, very good news. But, it remains to be seen how the present management of USCIS would obey this order – or find new ways to distort and evade it.
           In February 2020, the U.S. Citizenship and Immigration Services (USCIS) started to implement the new regulations about PUBLIC CHARGE. The purpose: to deny immigrant visas or Green Cards to anybody who is LIKELY to become a PUBLIC CHARGE at some time in the future. What does it mean? An immigration officer will estimate, actually – predict, if the applicant might – maybe – perhaps apply for some kind of public assistance some time in the future. Who is capable of making such predictions? An immigration officer, of course.
           And what is PUBLIC CHARGE? Any kind of government assistance: not only cash handed over to people, but also FOOD STAMPS, or medical treatment, or subsidized rent, anything at all.
Since February 2020, there have been many lawsuits against USCIS in many States, in attempts to block, or stop, the implementation of these PUBLIC CHARGE rules. Finally, on December 2, 2020, the 9th Circuit Court of Appeals issued an injunction prohibiting USCIS from using the new rules, at least temporarily.
           However, the force of this injunction covers only immigration cases in California and 16 other States. What about the rest of the States (33 in total)? Who knows.

3250 Wilshire Blvd., Suite 1918
Los Angeles, CA 90010
(213) 383-3222