benefits | Scott Legal, P.C.

Immigration

Public Charge Rule Eliminated

The Biden Administration announced that it will no longer defend the 2019 public charge rule in court. The rule went through many different lawsuits, causing constant changes in the implementation of the rule, sometimes changing from one day to the…

Jenny ZhanMarch 10, 2021

Family Immigration Immigration

USCIS will resume Applying New Public Charge Rule with Applications

USCIS has announced on September 22 that in light of the second circuit’s decision to stay a limited injunction again the Department of Homeland Security’s public charge rule, it will resume applying the new public charge rule against adjustment of…

Jenny ZhanSeptember 23, 2020

Immigration

US Court of Appeals Upholds Preliminary Injunction Against Immigrant Health Care Public Charge Requirements

The U.S. Court of Appeals for the Ninth Circuit has upheld a preliminary injunctions against the immigrant visa public charge requirement issued by a presidential proclamation. Originally implemented on November 3, 2019, immigrant visa applicants at U.S. Consulates abroad must prove either…

Jenny ZhanMay 5, 2020

COVID-19

Coronavirus Update: California Announces Access to Disaster Relief Funds for Undocumented Immigrants

California’s Governor Gavin Newsom announced on April 15 that the State is granting undocumented immigrants access to the State’s $125 million disaster assistance program. Undocumented immigrants do not meet the criteria for state unemployment insurance or the stimulus checks the…

Jenny ZhanApril 17, 2020

COVID-19

I am in the U.S. on E-2 employee visa. Can I apply for unemployment benefits due to the Coronavirus? Can my spouse apply for unemployment benefits due to the Coronavirus?

Due to the coronavirus outbreak, many of our clients ask us the following question: Can I apply for unemployment benefits? If I apply for unemployment benefits, will the government determine that I am likely to become a public charge? Let’s…

Jenny ZhanMarch 25, 2020

Family Immigration Immigration Immigration Law Changes & New Law

State Department Requesting Expedited Review with Aims to Implement Public Charge Rule on February 24 to Coincide with Department of State’s Public Charge Rule

The State Department is working to expedite their new public charge rules in an effort to implements the rule on February 24, the same day as the Department of State’s public charge rule implementation. The original public charge rules were…

Jenny ZhanFebruary 12, 2020

Immigration News

New DHS Public Charge Rule to Take Effect on February 24

On January 27, 2020, the Supreme Court lifted a nationwide injunction blocking the new public charge rule initially slotted to take effect on October 15, 2019. Starting on February 24, 2020, the new public charge rule will take effect in…

Jenny ZhanJanuary 31, 2020

Family Immigration Immigration

State Department Public Charge Regulations Postponed

The State Department's new public charge rules that was originally set up take effect on October 15 has now been postponed. These new rules mirrored the Department of Statement’s public charge rules, which were also supposed to go into effect…

Jenny ZhanOctober 18, 2019

Deportation & Humanitarian Immigration Family Immigration Immigration

State Department Issues Public Charge Regulations that Align with DHS Rules

The State Department published new public charge rules that will take effect on October 15. These new rules largely mirror the Department of Statement’s public charge rules. To find out more about DHS’ changes, please click here. According to the…

Jenny ZhanOctober 11, 2019

Deportation & Humanitarian Immigration Family Immigration Immigration

New York Judge Issues Nationwide Preliminary Injunction to Block New Public Charge Rule

Today, a New York District judge issued a preliminary injection against the new “public charge” rules, preventing it from coming into effect on October 15. The new rules changed the definition of what immigration officers should consider when determining whether…

Jenny ZhanOctober 11, 2019

Immigration News

Will the definition of public charge change under the current administration? What does this mean for green card applicants?

On October 10, 2018 a proposed rule was published by the U.S. Department of Homeland Security (“DHS”), which seeks to change the definition of what immigration officers should consider when determining whether a green card applicant is likely to become…

Jenny ZhanJanuary 18, 2019