Posts Categorized: Family Immigration

Drastic Change in application of Public Charge Rule effective February 24, 2020

In B.C. (Before Coronovirus), USCIS and the US Department of State were permitted after litigation favored the Trump Administration in January 2020, to proceed with their much expanded application of the “public charge” rule. The new rules take effect for both agencies on February 24, 2020. The essence of the rule has remained the same… Read more »

Comprehensive Immigration Reform Trump Style – The Raise Act

On August 2, 2017, Senators Tom Cotton (R-AR) and David Perdue (R-GA) introduced a new comprehensive immigration reform bill — Reforming American Immigration for a Strong Economy (RAISE) Act. The plan was endorsed by President Trump on the same day. The American Immigration Lawyers Association (AILA) summarizes the highlights of this immigration reform bill: Aims… Read more »

Supreme Court Stops DAPA – the Undocumented Immigrant Program

On June 23, 2016, the Supreme Court resulted in a tie vote 4-4 on whether to allow the Obama Administration’s “Immigration Plan” to be implemented.  Announced in November 2014 – and also referred to as Executive Action on Immigration or Deferred Action for Parent Accountability (DAPA), the decision was heart-breaking for about 5 million undocumented… Read more »

Supreme Court to Rule on Obama’s Immigration Actions including DAPA

The Supreme Court will hear a legal challenge from a coalition of 26 states that alleges President Obama abused his authority when he took executive action on immigration. Obama, frustrated with a defiant Republican-led Congress, created a program through executive action in November 2014 that would allow up to 5 million illegal immigrants—including so-called “dreamers”… Read more »

DAPA Program for Undocumented Immigrants Stalled Again

The 5th Circuit Court of Appeals today delivered a not-so-surprising blow to the Obama Administration’s effort to widen the Deferred Action program announced in November 2014, almost a year ago. In a 2-1 decision, the Court held the executive order was unconstitutional. The executive orders created a new Deferred Action program called Deferred Action for… Read more »

Update on DAPA/DACA: Litigation Stalled in Appeals Court

Implementation of President Obama’s 2014 executive action on immigration remains on the back burner as the Fifth Circuit Court of Appeals in New Orleans hears arguments over the legality of Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans (DAPA). Created through executive action by Mr. Obama in November 2014, DACA… Read more »

Obama’s Executive Action on Immigration – What is Next and How do I Prepare?

Since the announcement by President Obama on November 20, 2014 of his Executive Action on Immigration, a few updates are warranted as we head into the holidays and new year with hopeful expectations on how these new initiatives will be rolled out. First, BEWARE of attorneys or attorney-like individuals who can promise to do something… Read more »

Details on Deferred Action Programs Announced by President Obama

On November 20, 2014 President Obama announced several executive action remedies for many immigration problems facing the United States and our broken immigration system. According to the White House, the “Immigration Accountability Executive Actions will help secure the border, hold nearly 5 million undocumented immigrants accountable, and ensure that everyone plays by the same rules.”… Read more »

Obama Announces Plan to Shield 5 Million Immigrants from Deportation

In a prime-time address to the nation on Thursday, President Obama described his plan to, and reasoning for, taking executive action on immigration—a move preceded by a six-year war-of-words with congressional Republicans that sets up a power struggle once the GOP takes full control of Congress next year. Obama’s plan will protect up to five… Read more »

Obama Leaning Toward Expanding Deferred Action for up to 5 Million Undocumented

The midterm elections, resulting in the dominance of the Republican party in Congress, left it up in the air in terms of President Obama’s prior promises to ‘do something’ on immigration reform this year. However, recent press reports over the past few days are indicating a move in this direction, despite threats from Republicans of… Read more »

SCOTUS to Decide Whether Dept of State Doctrine of Non-Reviewability Applies to Spouses of US citizens

The Supreme Court of the United States will hear arguments in October in the case of Kerry v. Din, which pits the Department of State and its ability to unilaterally deny an alien spouse visa against Fauzia Din and her constitutionally protected marriage and family life rights. Din is a United States citizen who was… Read more »

Same-Sex Couples Can Now Legally Marry in Colorado

A huge decision this week by the Supreme Court of the United States (SCOTUS) to deny certiorari (review) by several lower court rulings regarding the legality of same-sex marriage means that all 10th Circuit states, including Colorado, must abide by a recent decision by a panel of 10th Circuit judges that same sex-couples have “the… Read more »

What Recent Stats Say About USCIS Denver Office

Recent statistics from USCIS for the agency on FY Q1 and Q2 2014/15 have been published, indicating some not-so positive trends for our USCIS Denver District Office. Approximately 78% of total N-400 applications (non-military) received were approved in Q1 . For Q2, this dipped to a 69% average.  When compared with USCIS offices across the… Read more »

Happy Anniversary Deferred Action Program!

August 15 2013 marked the one-year anniversary of the launch of the Deferred Action for Childhood Arrivals program otherwise known as DACA. DACA was launched by the Obama Administration as a solely executive branch action, meaning it was created by regulation and policy and not by a statute which requires Congressional action. As such, DACA… Read more »

Defense of Marriage Act Struck Down: Same-Sex Couples Can Qualify for Immigration Benefits

The Supreme Court today struck down the federal law, Defense of Marriage Act or DOMA, passed in 1996 by former President Bill Clinton and Congress. DOMA barred the federal government from recognizing same-sex marriage despite the fact that state laws may have allowed same-sex marriage.  A majority of the court (5-4) determined that the Federal… Read more »