One Park Plaza
3250 Wilshire Blvd., Suite 1918
Los Angeles, CA 90010
Tel: (213)383-3222
Fax: (213)365-9922
Do You Have an Immigration Problem, A Citizenship Question? Together, We'll Find A Solution
1/20/2021 Issue
Statue of Liberty on Island in New York with flag of the United States of America
      In 2008, President Obama promised that Comprehensive Immigration Reform would be on the top of his agenda.
           In 2020, President Biden promised that he would push for new immigration law immediately.
           In 2009-2010, President Obama had control over the House of Representatives and the Senate.
           In 2021-2012, it seems that President Biden will have control over the House of Representatives and the Senate.
           In 2009-2010, President Obama could have passed the Comprehensive Immigration Reform.
           In 2021-2022, it seems that President Biden would be able to pass a new Immigration Law.
           In 2009-2010, President Obama did not keep his promise about a new immigration law.
           In 2021-2022, will President Biden keep his promise about a new immigration law?

           In 2017, a group of DACA recipients filed a class-action lawsuit against Wells Fargo bank. They claimed that the bank rejected their applications for student loans, credit cards, home mortgages and other types of loans, on the grounds that they – the DACA recipients – were not U.S. citizens.

           The claim of the DACA card holders was that they were legally, permitted to stay and work in the U.S., and that in California it is illegal to discriminate against any person on the basis of citizenship.

           A few days ago, Wells Fargo and the rejected DACA recipients agreed on a settlement: the bank will pay $18.7 million ($18,700,000) to compensate the members of that group for their damages and will permit them (and other DACA recipients) to apply for loans at Wells Fargo like every other citizen and resident of California.


           In his attempts to block ASYLUM seekers from even getting a hearing on the merits in Immigration Court, President Trump finalized regulations that Asylum seekers would not be eligible to apply if they did not apply first in the countries they passed through on their way to the U.S., or if they stayed in the U.S. illegally for one year before filing their application, or if the claim of persecution is based on sexual orientation.

           A few days ago, a Federal Judge blocked the implementation of these regulations on technical grounds.

           Now it remains to be seen how the new Biden government will handle the whole issue of ASYLUM in the U.S.


           On January 8, 2021, the U.S. Citizenship and Immigration Services (USCIS) announced that applicants and petitioners in Family cases may have to wait six (6) weeks for a FILING FEE RECEIPT, to get confirmation that their cases were accepted and entered into the SYSTEM. Applicants of other types of cases (employment-based, students, extensions, etc.) may have to wait even longer than six weeks.

           Reminder: in pre-Trump days, it used to take one to two (1 – 2) weeks to get a Filing Fee Receipt.


           During the past year (2020) the government made many efforts to implement changes, requirements, restrictions in the PUBLIC CHARGE rules in addition to the old requirement for an Affidavit of Support.
           One of the new requirements was that all applicants for immigrant visas (overseas at U.S. consulates) or for Adjustment of Status (at USCIS offices inside the U.S.), must prove that they have MEDICAL INSURANCE in the U.S. or that they are able to get such insurance within 30 days after arrival in the U.S.

           A few days ago, a Federal Court of Appeals ruled that the government does have the authority to make such requirements.

           This will be a problem mainly for elderly immigrants such as parents of U.S. citizens if they are already retired.


           Some people have a good basis to apply for Cancellation of Removal (have been in the U.S. for more than 10 years, have no criminal record, and have a U.S. citizen child or spouse with serious medical problems). However, you can apply for Cancellation of Removal only if you are already in Removal (Deportation) Proceedings in Immigration Court. If you ask the Immigration Service to put you in Removal so that you can apply for Cancellation, they usually REFUSE.

           Some lawyers developed a tricky solution: apply for Political Asylum, even if you have on good basis for this, and when it gets denied and USCIS starts a Removal case against you in Immigration Court, then you apply for Cancellation of Removal.

           But this is a No-No. The Immigration Court considers this a FRIVOLOUS ASYLUM application – “frivolous” meaning “not serious”. Both the applicant and the lawyer would be punished for a frivolous application. The applicant would be denied any other application filed by him or her of any kind and at any time, and could be deported, and the lawyer could be barred from practicing in Immigration Court or Immigration Service for some time or even permanently.

           So, do not file – and do not let any lawyer or consultant or paralegal file – a frivolous asylum application for you. You’ll end up in deportation.

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