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Articles Posted in Lawsuits

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses a new court order that prohibits the government from enforcing a final rule that sought to increase filing fees for certain applications and petitions filed with the United States Citizenship and Immigration Services (USCIS). For more information keep on watching.


Overview

As many of you know on August 3, 2020, the Department of Homeland Security published a final rule in the Federal Register which sought to increase filing fees for most applications and petitions for immigration benefits payable to the United States Citizenship and Immigration Services (USCIS). These filing fee increases were made by USCIS in order to help the agency meet its operational costs and ensure adequate resources to cover services provided by USCIS to applicants and petitioners.

Just days before the filing fee increase was scheduled to go into effect, a federal judge from the U.S. District Court for the Northern District of California issued a nationwide temporary injunction blocking the government from implementing the final rule. The court order essentially stops the government from enforcing the fee increases as the government had originally planned beginning October 2, 2020.

The preliminary injunction issued by the court took effect immediately as of the date of the ruling (September 29, 2020) and will remain in effect pending resolution of the lawsuit Immigrant Legal Resource Center, et al., v. Chad F. Wolf.


Why did the Judge Grant the Injunction?

Several nonprofit organizations including the immigrant Legal Resource Center came together to file a lawsuit in the U.S. District Court for the Northern District of California challenging the government’s planned enforcement of the final rule increasing USCIS filing fees. In their lawsuit, these organizations asked the court to grant a nationwide injunction to block the government from enforcing the rule to applications and petitions postmarked on or after October 2, 2020.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick provides some exciting news regarding a recent federal court order. The new order grants relief to diversity visa applicants selected in the DV lottery for fiscal year 2020 against Presidential Proclamations 10014 and 10052. As many of you are aware, on April 22nd the President issued Proclamation 10014, which temporarily suspended the entry of all immigrants into the U.S. for a period of two months, including that of diversity visa lottery winners. Two months later, the President issued Proclamation 10052, which extended the suspension until December 31, 2020, with limited exceptions that did not apply to diversity visa winners. In response to these Proclamations, a class action lawsuit was brought in federal court challenging its application. For purposes of this post, we discuss what this lawsuit means for DV-2020 selected applicants.

For more information on this important ruling please keep on watching.


Overview

Proclamations 10014 and 10052 imposed an unfortunate ban on the adjudication and issuance of immigrant visas for certain classes of immigrants, including winners of the DV-2020 lottery.

Following the issuance of Proclamations 10014 and 10052 – which did not exempt DV-2020 lottery winners from the ban – diversity visa lottery winners were left in limbo. The issuance of the Proclamation created a dilemma for winners because following their selection in the DV lottery, winners must apply for and receive a diversity visa by the deadline imposed for that fiscal year. For DV-2020 the deadline to receive a permanent visa was September 30, 2020. The ban on visa issuance for DV-lottery winners meant that applicants would not be able to meet the deadline to apply for a permanent visa, and as a result would forfeit their opportunity to immigrate to the United States.

Seeking relief from the ban, over one thousand plaintiffs joined together to file the lawsuit Gomez, et al. v. Trump, et al. in the United States District Court for the District of Columbia. The judge presiding over the case, Amit Mehta, concluded that DV-2020 lottery winners qualified for relief, but that non-DV applicants failed to demonstrate that they were entitled to relief.

Accordingly, federal judge Mehta issued the following orders:

  1. As a preliminary matter, the court “stayed” (halted) the No-Visa Policy as applied to DV-2020 selectees and derivative beneficiaries, meaning that the government is prohibited from interpreting or applying the Proclamation in any way that forecloses or prohibits embassy personnel, consular officers, or any administrative processing center (such as the Kentucky Consular Center) from processing, reviewing, or adjudicating a 2020 diversity visa or derivative beneficiary application, or issuing or reissuing a 2020 diversity or beneficiary visa based on the entry restrictions contained in the Proclamations. Except as provided in 2 and 3 below, the order does not prevent any embassy personnel, consular officer, or administrative processing center from prioritizing the processing, adjudication, or issuance of visas based on resource constraints, limitations due to the COVID-19 pandemic or country conditions;
  2. The government as defendants are ordered to undertake good-faith efforts, to expeditiously process and adjudicate DV-2020 diversity visa and derivative beneficiary applications, and issue or reissue diversity and derivative beneficiary visas to eligible applicants by September 30, 2020, giving priority to the named diversity visa plaintiffs in the lawsuit and their derivative beneficiaries;
  3. The court enjoins (stops) the government from interpreting and applying the COVID Guidance to DV-2020 selectees and derivative beneficiaries in any way that requires embassy personnel, consular officers, or administrative processing centers (such as the Kentucky Consular Center) to refuse processing, reviewing, adjudicating 2020 diversity visa applications, or issuing or reissuing diversity visas on the ground that the DV-2020 selectee or derivative beneficiary does not qualify under the “emergency” or “mission critical” exceptions to the COVID Guidance;
  4. The court declines the requests of DV-2020 plaintiffs to order the government to reserve unprocessed DV-2020 visas past the September 30 deadline or until a final adjudication on the merits, however the court will revisit the issue closer to the deadline. The court ordered the State Department to report, no later than September 25, 2020, which of the named DV-2020 Plaintiffs in the lawsuit have received diversity visas, the status of processing of the named DV-2020 plaintiffs’ applications who have not yet received visas, and the number of unprocessed DV-2020 visa applications and unused diversity visas remaining for FY 2020;
  5. Class recertification was denied for non-DV plaintiffs since they failed to demonstrate that they were entitled to preliminary injunctive relief; and
  6. Finally, the court denied the request of non-DV plaintiffs to preliminary enjoin (stop) the government from implementing or enforcing Proclamations 10014 and 10052.

What happens next?

The court has required the parties to the lawsuit to meet and confer by September 25, 2020 for a Joint Status Report. At that time, the court will set the schedule to hear arguments from the parties and come to a final resolution of the lawsuit on the merits.

We hope that this information will help DV-2020 lottery winners breathe a sigh of relief. If you were selected in the DV-2020 lottery it is very important to proceed with your immigrant visa process as soon as possible. Applicants should consider applying with the assistance of an attorney to ensure the application process goes smoothly.


Where can I read more about this court order?

To read judge Mehta’s complete decision please click here.


Questions? If you would like to schedule a consultation, please text or call 619-569-1768.


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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick provides an important update for international students studying in the United States during the upcoming Fall semester.

Stay tuned to find out more.


Overview

On July 6th international students were shocked to find out that the federal government introduced new guidelines preventing students from attending schools with online instruction only during the Fall 2020 semester.

The new guidelines, released by Immigration and Customs Enforcement (ICE), provided that students enrolled in schools with online only instruction would not be issued visas, and CBP would not permit these students to enter the U.S. from abroad, despite rising Coronavirus cases nationwide. Additionally, the announcement stated that students already in the United States enrolled in an online only study program would need to transfer to a school providing hybrid or in-person instruction, in order to remain in lawful status in the United States. Students who failed to transfer would be required to depart the country immediately.

Fortunately, Harvard and the Massachusetts Institute of Technology (MIT) stood up for international students nationwide and swiftly filed a lawsuit against the government to prevent the guidelines from being enforced. The lawsuit sought a temporary and permanent court order/injunction to stop the government from enforcing any part of the new guidelines on students and universities.

The judge in that case had scheduled an emergency hearing on July 14th to hear oral arguments from the universities and the government.

In a surprising turn of events, just before the hearing was scheduled to begin, the judge announced that the government reached an agreement to rescind the new police in its entirety.

From the Court Docket: Harvard and MIT vs. DHS/ICE re: International Students

“Hearing held on 7/14/2020. The Court was informed by the parties that they have come to a resolution to the combined temporary restraining order/preliminary injunction motions. The Government has agreed to rescind the July 6, 2020 Policy Directive and the July 7, 2020 FAQ, and has also agreed to rescind their implementation. The Government will return to the March 9, 2020 and March 13, 2020 policy.”

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