Public Charge Rule and Victory for International Students
Public Charge Rule Comes Into Effect on February 24, 2020
On August 14, 2019, the Department of Homeland Security (DHS) published a final rule governing the Immigration and Nationality Act’s public charge grounds of inadmissibility. The rule was stopped by nationwide injunctions but, on January 27, 2020, the U.S. Supreme Court granted the administration’s request for a stay of the nationwide injunction. This allows the public charge rule to into go effect, except in Illinois. DHS will begin implementing the rule on February 24, 2020.
This new rule changes the way DHS determines if someone is “likely at any time to become a public charge.” If someone is found to “likely at any time to become a public charge,” that person is found inadmissible to the US. Instead of looking at whether someone is primarily dependent on public benefits, DHS now looks at who has received or is likely to receive one or more of the specified public benefit, for more than 12 months in the aggregate within any 36-month period, to determine if they are inadmissible under the public charge ground.
Public benefit is defined as the following:
- Any federal, state, local, or tribal cash assistance for income maintenance, including Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), and, federal, state, or local cash benefits programs for income maintenance;
- Supplemental Nutrition Assistance Program (SNAP);
- Section 8 Housing Assistance under the Housing Choice Voucher Program as administered by HUD;
- Section 8 Project-Based Rental Assistance (including Moderate Rehabilitation) under Section 8 of the U.S. Housing Act of 1937;
- Medicaid, with certain exceptions, such as benefits received by individuals under the age of 21 and pregnant women (or for a period of 60 days after the last day of pregnancy); and
- Public housing under section 9 of the U.S. Housing Act of 1937
To determine if someone is inadmissible under the public charge rule, DHS will weigh the person’s age; health; family status; education and skills; and assets, resources, and financial status. Receiving one or more of the specified public benefits for 12 or more months in the aggregate within any 36-month period, beginning no earlier than the 36 months prior to the application for adjustment of status or adjustment, is a heavily weighted negative factor.
DHS will not regard as a negative factor the receipt of specified benefits prior to the rule’s effective date, with the exception of cash assistance and long-term institutionalization benefits.
Nationwide Injunction: Change to Unlawful Presence for International Students
On August 9, 2018, the current administration attempted to change the way unlawful presence is calculated for students and exchange visitors in F, J, and M nonimmigrant status. Prior to the administration’s change, those individuals in the above nonimmigrant statuses would start accumulating unlawful presence on the day after USCIS formally made a determination that they violated their status or on the day an immigration judge ordered them excluded, deported, or removed. The new policy made it so that these individuals would start accumulating unlawful presence the day after they engaged in any activity that was not consistent with their status (e.g., no longer pursuing their course of study, engaging in unauthorized employment).
In response to this policy change, a lawsuit was filed in U.S. District Court for the Middle District of North Carolina. On February 6, 2020, the Court issued a permanent, nationwide, injunction. The injunction permanently stops the implementation of the new policy. The Court granted the permanent injunction to have nationwide impact. This means that the government cannot enforce their new policy anywhere in the US.
If you have questions about your immigration case here in Florida, it’s important to speak with an experienced immigration attorney to discuss your specific case and circumstances. Attorney Evelyn J. Pabon Figueroa is an Associate in the Orlando office of CPLS, P.A. She is a member of the firm’s Immigration Practice Groups. Contact Attorney Evelyn today at email@example.com to discuss any family or marital legal issues you may be experiencing.
Emotions and Value Creation.
Emotions are prevalent in every negotiation setting, whether or not the parties use a mediator to help facilitate the process. Learning how to identify our emotions and our negotiating counterparts’ emotions, how to categorize the emotions, and how to strategically use these emotions can give you an advantage during the negotiation process and help you create value for yourself and your counter-part. Generally, emotions can be broadly categorized as either positive or negative. Positive emotions include feelings that serve you well, including happiness, laughter, joyfulness, excitement, hopefulness, etc.
Negative emotions include feelings that can can serve you well at times but often does not, including anger, anxiety, fear, etc… Before you engage in any negotiation, you should take time to assess your own emotions and what you know about the emotions of your negotiation counterparts. To assess your own emotions, ask yourself questions which force you to think about how you have reacted to questions, scenarios, and experiences in the past. For example: How do I behave under pressure? What do I feel when X happens? How do I react to Y? To assess your counterparts’ emotions, ask similar questions to people who have interacted with them in the past, including the receptionist at their firm, their secretary, co-workers, prior customers, etc.
If you do not have access to anyone who has interacted with them in the past, call them and test their emotions with trigger questions or scenarios. With this information in hand, prepare for your negotiation by envisioning varying scenarios during the negotiation process, and plan how you will use your emotions to your advantage and how you can trigger the required emotions from your negotiation counterparts. For example, at the beginning of the negotiation, you may decide to be warm and friendly to catalyze positive emotions in yourself and your negotiation counterparts, as it will be natural for them to mirror your emotions. Since value creation usually occurs early on in the negotiation process, this technique can set the stage for value creation early. At the later stages of the negotiation process, consider using a negative emotion as a strategy to help you claim more value, as negotiators tend to give more concessions to parties who express anger, even if not genuine.
Finally, throughout the negotiation process look for signs of how your negotiation counterparts use their emotions. Are they being as strategic as you, or are they unable to understand and control their emotions? If the latter is true, all you have to do is identify what triggers their positive and negative emotions and strategically trigger these emotions to get the results you desire. If you trigger positive emotions, stroke these emotions in a manner that encourages them to see the commonality of their needs and interests to your needs and interest and encourage them to help you meet your needs and further your interests, which will help them in the long run. If you trigger negative emotions, demonstrate your understanding of their concerns and feel their pain by empathizing with them, when appropriate, and show them how they can help meet their need and further their interests by helping you meet your needs and helping you further your interests.
Intellectual property (“IP”) is a complicated field of law, as anyone who practices in that area knows. Intellectual property disputes are often intricate – and each one is unique, since many disputes hinge on how multi-factor tests would be applied or interpreted by a jury. Therefore, IP disputes need a specific kind of mediator who is prepared to handle that type of case.
For many intellectual property practitioners, it can be challenging to find a mediator who’s experienced in that field. Even most retired judges were not on the federal bench and do not know much about IP law.
Qualifications of IP Mediators
The laws are changing as technology changes, so intellectual property practitioners need a mediator who is up to date with the latest changes and who understands the latest technology (especially for copyrighted code and/or patent cases). Sometimes, that can be hard to find when you are also looking for someone with legal training (particularly because intellectual property law is not tested on the bar exam, so not all attorneys are knowledgeable about that field of law).
Therefore, it is important for intellectual property practitioners to search for mediators who are experienced attorneys who know about the type of IP the dispute centers around (e.g., trademarks, copyrights, or patents). An attorney who is experienced in prosecuting trademarks/patents and handling infringement issues will be able to give both parties in the mediation the best perspective on the case in order to move the mediation forward – and lead the parties toward settlement.
A mediator who knows the elements of IP prosecution and/or infringement can go through each relevant element with the parties in detail and help them weigh the pros and cons of their cases (e.g., the fair use defense, consumer confusion questions, etc.).
Also important, though, is the mediator’s skills in helping parties communicate. A mediator who knows how to reality check with the parties regarding likely outcomes post-mediation so parties can make informed decisions during mediation is a huge asset when you are looking to settle a case.
Moreover, intellectual property practitioners are often searching for a mediator who will understand the created IP is like someone’s baby because of how much time and effort likely invested in it. Mediators who respect that the disputed IP is part of who the clients are will be able to communicate most effectively with the parties and, thus, will be most likely to help the parties reach a settlement.
Furthermore, it’s helpful if the selected mediator practices IP law because then that mediator will know what elements an intellectual property settelement agreement should include and can be prepared to draft an appropriate settlement agreement if a resolution is reached at mediation.
At CPLS, we understand the importance of selecting a mediator who is experienced in intellectual property law. Christy L. Foley is a mediator with a decade of experience who has focused her legal practice on IP issues for the past 9 years. She’s experienced in copyright and trademark prosecution as well as infringement issues, has a biotech background, and remains abreast of the latest trends in intellectual property law. If you need a trustworthy and knowledgeable IP mediator, then please give us a call at (407) 647-7887 or email Christy directly at CFoley@CPLSPA.com.
When we have disagreements or are negotiating with each other, most of us can’t wait for the other party to stop talking so that we state our position or argument. Sometimes we interrupt the other party to get our position or argument heard. In the worst case scenario, we expressly discount the other side and insist that he/she listen to us. I truly cannot remember one instance where this technique has worked. Instead, try actively listening to the other party by listening carefully effectively. This can be done by repeating back what you understand from them (what they said, what they want, what they claim, etc…). Then, inquire about their motivations and assumptions behind their claims. Finally, acknowledge their positions.
By following this process, you will be able to collect valuable information from them, test your beliefs and assumptions (which may or may not be accurate), eliminate misunderstandings, and foster mutual understanding. Also, when they observe your behavior, strategy and technique, they will learn from you and mirror your behavior, further promoting mutual understanding. This process also forces you and them to account for any difficult tactics either of you have employed. The end result is that you are both more likely to avoid losing important information, acting on wrong assumptions, and damaging your relationship. This, of course, promotes interdependence and mutual growth. Win Win. This strategy and technique is not just helpful in high business conflicts. I can also be used by family members , co-workers, and business partners. Try it and let me know how it works for you and remember, like any other muscle, active listening is a muscle for the mind, the more you practice it, the better you get at it.