Fong & Aquino LLP

THE CITIZENSHIP TEST IS CHANGING. For anyone filing for naturalization after 1 December 2020, USCIS will change the History/Civics section of the Naturalization Test. Please remember to study! --jcf https://www.uscis.gov//128%20Civics%20Questions%20and%20An

Romben will be presenting on 11/11 at the virtual luncheon at the Pasadena Chamber of Commerce. Please join us!

I just noticed: SIX of this year's Nobel Laureates are American immigrants. How 'bout THEM apples?

Immigration court is back, and so are we!

The new (higher) rates are effective Oct. 2. File soon if you want to pay the current fees.

SUPREME COURT SAYS TRUMP CANCELLATION OF DACA WAS IMPROPER. Today, in a 5-4 decision, the US Supreme Court held that Donald Trump’s attempt to cancel the DACA program a program that allows certain aliens brought to the USA before the age of 16 to obtain work permits and remain in the USA was improper. The court ruled that a president does NOT have the power to unilaterally extinguish the program, and that Trump’s action was arbitrary and capricious. So: for the moment, ...the DACA Program continues. DACA recipients should plan to renew their Employment Authorization Cards (EAD) about 4-5 months before the EAD expires. If a DACA recipient becomes the beneficiary of a visa petition, or if the DACA recipient has a change in civil status (marriage, divorce, etc.), please contact an experienced immigration lawyer about next steps. Finally, as immigration attorneys, we at Fong & Aquino are joyful about the outcome of this case and happy that we have played a part to legalize some many immigrants over the years. However, please remember that Trump may now try to cancel DACA through more established procedures. We believe that such an effort would take a number of months, probably going past election day in November, and even up to inauguration day in January 2021. Of course, if Trump his bid for re-election, the attempt to cancel DACA will stop. WE MUST REMAIN VIGILENT! IF YOU DID NOT APPLY FOR OR RENEW DACA BEFORE, you may still be eligible to do so now. Contact us. We are ready to help if you have questions. jcf https://www.supremecourt.gov/opinions/19pdf/18-587_5ifl.pdf

USCIS is slowly re-opening! Starting with naturalization ceremonies! And not just for famous folks like Tan France!

USCIS can’t seriously be blaming the pandemic for a drop in applications! Our office continues to receive inquiries from folks who are eager to apply. But the major deterrents are high filing fees and policies that have made it more difficult to have applications fairly adjudicated, such as the new public charge rule, rejecting forms that USCIS deems incomplete because a box that was not applicable was left empty, and outright denials when an issue could have been fixed with a request for evidence or clarification. The agency would do well to figure out who is supposed to be benefitting from the S in Services.

On 22 April 2020, Donald Trump issued a proclamation suspending entry of immigrants into the USA for the next 60 days. The Proclamation bars entry to *new* immigrant visa (IV) holders who do not *already* have a valid IV dated on or before 22 April 2020. The Proclamation makes a number of exceptions, including - green card holders; - IV holders, entering as healthcare professionals, and their families; - IV holders, entering on the Immigrant Investor Program, otherwise kn...own as the millionaire’s green card; - IV holders who are the spouse, minor child, or adoptee of a US citizen; and - certain other security-related or diplomatic entrants. On its face, this Proclamation does NOT appear to affect applicants for Adjustment of Status. On its face, this Proclamation does NOT tell us when US Embassies and Consulates will re-open for visa interviews. On its face, this Proclamation does NOT tell us when USCIS will begin scheduling Adjustment of Status and marriage-related interviews. On its face, this Proclamation does NOT affect nonimmigrant visas, although this could change. On it*s face, this Proclamation does NOT stop individuals from seeking asylum, refugee status, withholding or removal, or protection under the Convention Against Torture. The Proclamation takes effect at 23h59 (EDT) on 23 April 2020. The Proclamation remains valid for sixty days. Like all Trump Proclamations related to immigration, it is poorly written and unclear on many points. Like all Trump Proclamations related to immigration, it WILL be challenged by Fong & Aquino, the ACLU, AILA, and other immigrant advocates. If you have questions, contact an experienced immigration attorney. jcf https://www.whitehouse.gov//proclamation-suspending-entr/

UPDATE ON USCIS SHUT DOWN. USCIS has extended its shut down of routine immigration services and interviews until 3 May 2020. This includes immigration and naturalization interviews, biometrics, InfoPass, and Naturalization Oath Ceremonies. If you have an emergent problem, contact your immigration attorneys. jcf https://www.uscis.gov/about-us/uscis-office-closings

https://www.justice.gov//eoir-operational-status-during-co