THERE ARE TWO VERY IMPORTANT COURT DECISIONS/NEWS ITEMS THAT POTENTIALLY AFFECT MILLIONS OF APPLICANTS EITHER APPLYING FOR RELIEF OR WHO ARE IN REMOVAL PROCEEDINGS AND SEEKING TO REOPEN THEIR CASES:
(1) COURT ORDER: I-944 FORM/RULE CHANGES NO LONGER IN EFFECT: First, the U.S. Supreme Court refused to grant certiorari, and DHS consequently dismissed any challenges to a court order enjoining the Public Charge Rule Changes enacted last year. Therefore, anyone filing for adjustment of status on or after March 9, 2021, should NOT provide Form I-944 or any other documents required therein, nor any information regarding receipt of public charge benefits on any nonimmigrant change of status or extension of status forms.
(2) COURT ORDER: MOTION TO REOPEN RULE CHANGES STOPPED/ENJOINED PENDING RESOLUTION OF LITIGATION: Second, a U.S. District Court in Northern California has issued a nationwide injunction enjoining a final rule that was enacted late last year prohibiting certain types of motions, including sua sponte motions to reopen and motions to remand, prohibiting administrative closure, as well as, implementing many other restrictions and stricter timelines for appeals. Under this order, this rule change cannot be implemented, pending outcome of the underlying lawsuit. Therefore, make sure to file sua sponte motions to reopen and any motions to remand or reopen that you may be considering filing ASAP now that this rule is no longer in effect at the present time.