Immigration Law

Recent Posts

For USCIS, Parole Does Not Mean Parole: Matter of Z-R-Z-C-, Adopted Decision 2020-02 (AAO Aug. 20, 2020)
Posted on 2 Sep 2020 by Daniel M. Kowalski

USICS, Aug. 20, 2020 "This policy memorandum (PM) designates the attached decision of the Administrative Appeals Office (AAO) in Matter of Z-R-Z-C- as an Adopted Decision. Accordingly, this Adopted Decision shall be used to guide determinations... Read More

Tags: tps , AAO , MTINA , parole , USCIS

New AAO Adopted Decision: Matter of F-M- Co.
Posted on 13 May 2020 by Daniel M. Kowalski

USCIS, May 5, 2020 "This policy memorandum (PM) designates the attached decision of the Administrative Appeals Office (AAO) in Matter of F-M- Co. as an Adopted Decision. Accordingly, this adopted decision establishes policy guidance that applies... Read More

Tags: AAO , USCIS

USCIS Is Hiding Damaging Changes Behind Its Motions and Appeals Form Proposal
Posted on 11 Feb 2020 by Daniel M. Kowalski

Leslie Dellon, Feb. 6, 2020 "U.S. Citizenship and Immigration Services (USCIS) recently proposed changes to how the agency will review certain denials of immigration benefits. The changes will apply to its Form I-290B , Notice of Appeal or Motion... Read More

Tags: AAO , Appeals , USCIS

USCIS Issues Three AAO Adopted Decisions on SIJ Classification
Posted on 15 Oct 2019 by Daniel M. Kowalski

USCIS, Oct. 15, 2019 "U.S. Citizenship and Immigration Services today clarified requirements regarding the Special Immigrant Juvenile (SIJ) classification. To ensure consistency surrounding this classification, USCIS is issuing three Administrative... Read More

Tags: special immigrant juvenile , AAO , USCIS

Matter of H-G-G-, Adopted Decision 2019-01 (AAO July 31, 2019)
Posted on 2 Aug 2019 by Daniel M. Kowalski

Matter of H-G-G-, Adopted Decision 2019-01 (AAO July 31, 2019) For purposes of adjustment of status under section 245 of the Act, a recipient of Temporary Protected Status (TPS) is considered as being in and maintaining lawful status as a nonimmigrant... Read More

Tags: tps , AAO , USCIS , Temporary Protected Status

AAO Grants T Visa Appeal About Presence “On Account of” Trafficking
Posted on 8 Apr 2019 by Daniel M. Kowalski

Matthew Hoppock, Apr. 7, 2019 "After an informal policy shift last year led the USCIS to start denying human trafficking visas by misreading the statutory text, creating a requirement that never existed before, we’ve won our first appeal... Read More

Tags: AAO , hoppock , trafficking , t visa , USCIS

AAO L-1A New Office Manager Victory
Posted on 30 Oct 2013 by Daniel M. Kowalski

"While the beneficiary is required to apply his business expertise in carrying out his job duties and perform some operational or administrative tasks, the petitioner has established by a preponderance of the evidence that the majority of the day... Read More

Tags: l-1a , AAO , new office , manager , watson

AAO (Published) on 'Doing Business' - Matter of Leacheng Intl., Inc.
Posted on 9 Apr 2015 by Daniel M. Kowalski

Official Headnotes: (1) The definition of “doing business” at 8 C.F.R. § 204.5(j)(2) (2014) contains no requirement that a petitioner for a multinational manager or executive must provide goods and or services to an unaffiliated third... Read More

Tags: lee , doing business , AAO , leacheng

AAO Hardship Waiver Victory; Adjustment Granted by USCIS
Posted on 24 Oct 2012 by Daniel M. Kowalski

Russell R. Abrutyn writes: "I thought your readers might be interested in this AAO 212(i) hardship waiver decision. The qualifying relatives were the applicant’s parents but the family member with the most significant hardship was the applicant’s... Read More

Tags: abrutyn , waiver , AAO , hardship

AAO VAWA Self-Petitioner I-601 / I-212 Waiver Victory
Posted on 14 Feb 2013 by Daniel M. Kowalski

"Upon review, the AAO finds that the applicant has established a sufficient connection between the battering and subjection to extreme cruelty she suffered at the hands of her former spouse and her departure and reentry to the United States that... Read More

Tags: vawa , 212 , hornik , AAO , 601 , self-petitioner

Pro Bono AAO Hardship 212(i) Waiver Victory; FGM; Cote d'Ivoire
Posted on 26 Feb 2015 by Daniel M. Kowalski

Hats off to Cyrus D. Mehta for this pro bono publico victory: "Here we find that the record establishes that the applicant's spouse will suffer extreme hardship as a consequence of being separated from the applicant. The record shows that... Read More

Tags: cote d'ivoire , 212(i) , waiver , mehta , AAO , hardship , fgm

AAO I-360 Victory: Spouse's Suicide Was Domestic Violence
Posted on 30 Mar 2015 by Daniel M. Kowalski

"On appeal, the petitioner contends that I-A- subjected her to verbal, physical, sexual, and psychological abuse which included repeated threats and graphic descriptions of suicide. The petitioner asserts further that I-A-'s threats to kill himself... Read More

Tags: AAO , domestic violence , Suicide , i-360

AAO Adopted Decision: Matter of I- Corp., Adopted Decision 2017-02 (AAO Apr. 12, 2017)
Posted on 14 Apr 2017 by Daniel M. Kowalski

Matter of I- Corp., Adopted Decision 2017-02 (AAO Apr. 12, 2017) - "This policy memorandum (PM) designates the attached decision of the Administrative Appeals Office (AAO) in Matter of I- Corp. as an Adopted Decision. Accordingly, this adopted decision... Read More

Tags: AAO , adopted decision , visa petition , I- corp

Like a Dog on a Leash, AAO Firmly Tethers H-1B Workers - Cyrus D. Mehta
Posted on 13 Apr 2015 by Daniel M. Kowalski

"In Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015), the AAO affirmed the Service Center Director's decision and revoked the petition's approval. Among other things, the Director had concluded that changes in the beneficiary's... Read More

Tags: material change , LCA , mehta , AAO , H-1B , simeio , location

AAO on “Physician of National or International Renown" - Matter of T-O-S-U-, Adopted Decision 2017-01 (AAO Jan. 4, 2017)
Posted on 6 Jan 2017 by Daniel M. Kowalski

USCIS, Jan. 4, 2017 - "This policy memorandum (PM) designates the attached decision of the Administrative Appeals Office (AAO) in Matter of T-O-S-U- as an Adopted Decision. Accordingly, this adopted decision establishes policy guidance that applies... Read More

Tags: AAO , adopted decision , H-1B , physician

  • Blog Post: AAO on the persistence of evidence

    Daniel M. Kowalski
    A blast from the past (1985!) reminding adjudicators that evidence never dies. Matter of Deciga-Gallegos, Feb. 26, 1985 . Courtesy of Lisa Brodyaga .
    on 3 Oct 2011

  • Blog Post: AAO 212(i) Waiver Victory

    Daniel M. Kowalski
    "The AAO acknowledges that the applicant's wife has been residing in the United States for many years and that she may experience some hardship in relocating to the Dominican Republic. Based on the record as a whole including the applicant's spouse's emotional issues, her separation...
    on 6 Oct 2011

  • Blog Post: AAO National Interest Waiver Victory: Nanotechnology

    Daniel M. Kowalski
    Memphis attorney Richard Averwater scored this recent AAO NIW victory for his nanotechnology client. Matter of X-, Nov. 21, 2011 .
    on 29 Nov 2011

  • Blog Post: AAO 212(a)(9)(A)(iii) Waiver Victory

    Daniel M. Kowalski
    "The favorable factors in this case are the applicant's close family ties in the United States, his U.S. Citizen brother and Lawful Permanent Resident son; an approved 1-130 Petition; no evidence of a criminal record; a grant of voluntary departure; over 25 years have passed since the applicant...
    on 8 Jan 2012

  • Blog Post: Seventh Circuit on IIRAIRA Retroactivity: Siddiqui vi Holder

    Daniel M. Kowalski
    "Mohsin H. Siddiqui, a native of Pakistan, appeals the denial of his legalization applications by the Administrative Appeals Office (“AAO”), the appellate body of the U.S. Citizenship and Immigration Services (“USCIS”). Siddiqui disputes the AAO’s finding that he failed...
    on 16 Jan 2012

  • Blog Post: AAO: EB-5 Regional Center De-Certified; Job Creation vs. Job Preservation

    Daniel M. Kowalski
    "The applicant's argument that the IWWTF will be a ghost plant if it does not obtain bridge financing is inherently an argument that touches on preservation of jobs, not creation of jobs. The regulation at 8 C.F.R. § 205.6(j)(4)(ii) allows investors to be credited with preserved jobs, but...
    on 14 Feb 2012

  • Blog Post: AAO I-212 Victory in Michigan

    Daniel M. Kowalski
    Sarah E. Murphy writes: " The AAO reversed the decision of the USCIS Detroit field office director, which denied the application for permission to reapply for admission after removal [Form I-212], and concluded that the applicant had established that a favorable exercise of discretion is...
    on 14 Feb 2012

  • Blog Post: Matter of SKIRBALL CULTURAL CENTER, ID 3752, 25 I&N Dec. 799 (AAO 2012)

    Daniel M. Kowalski
    Matter of SKIRBALL CULTURAL CENTER, ID 3752, 25 I&N Dec. 799 (AAO 2012) - (1) Congress did not define the term “culturally unique,” as used in section 101(a)(15)(P)(iii) of the Immigration andNationalityAct, 8U.S.C. § 1101(a)(15)(P)(iii) (2006), leaving reasonable construction of...
    on 16 May 2012

  • Blog Post: AAO U Visa Age-Out Victory

    Daniel M. Kowalski
    "The beneficiary in this matter, who is the petitioner's daughter, was born January 30, 1985. Thus, when the petitioner initially requested interim relief on or about November 22, 2002, the petitioner's daughter was 17 years old and unmarried. When the petitioner was granted interim relief...
    on 21 May 2012

  • Blog Post: AAO Hardship Waiver Victories: Colombia; Mexico

    Daniel M. Kowalski
    Hats off to attorney B. John Ovink ! Matter of Mayorga Cespedes , Jan. 3, 2012 (Colombia) Matter of Contreras , Feb. 3, 2012 (Mexico)
    on 30 Jul 2012

  • Blog Post: AAO U Visa Victory

    Daniel M. Kowalski
    "Upon reconsideration, the AAO concludes that the petitioner has met her burden of demonstrating that she was the victim of substantial abuse. Specifically, our prior decision failed to acknowledge that although the individual acts to which the petitioner was subjected might not constitute substantial...
    on 4 Sep 2012

  • Blog Post: AAO Hardship Waiver Victory: Matter of Inostroza de Palache

    Daniel M. Kowalski
    Eric Bjotvedt writes: "This is a long and interesting case for your readers. I appealed the Field Office Director’s decision denying my client’s I-601 in Mexico City. The appeal was sustained by the AAO when I was able to convince it that the decision must be overturned since the totality...
    on 4 Sep 2012

  • Blog Post: AAO on Moral Turpitude, Willful Misrepresentation

    Daniel M. Kowalski
    "[W]e acknowledge that the term "moral turpitude" is not in common usage, and it is unlikely that the average person is aware of its meaning and application in U.S. immigration law. ... There is no indication that this applicant was aware that he had committed a crime involving moral turpitude...
    on 7 Oct 2012

  • Blog Post: AAO: No Such Thing as a Part-Time Nun

    Daniel M. Kowalski
    "The AAO agrees with counsel's argument. Unlike the definition of a religious occupation under 8 C.F.R. § 204.5(m)(5), the definition of religious vocation includes no requirements regarding the qualifying nature of the beneficiary's duties or the amount of time spent perfonning religious...
    on 10 Oct 2012

  • Blog Post: AAO Hardship Waiver Victory: Burkina Faso

    Daniel M. Kowalski
    "Based on her safety concerns in Burkina Faso, minimal ties to Burkina Faso, her separation from her family in the United States, the applicant's minor cousin's reliance on her for support, the family's financial circumstances in Burkina Faso, her limited employment prospects, and her...
    on 10 Oct 2012

  • Blog Post: AAO Hardship Waiver Victory; Adjustment Granted by USCIS

    Daniel M. Kowalski
    Russell R. Abrutyn writes: "I thought your readers might be interested in this AAO 212(i) hardship waiver decision. The qualifying relatives were the applicant’s parents but the family member with the most significant hardship was the applicant’s niece. The niece suffers from cerebral...
    on 24 Oct 2012

  • Blog Post: AAO Hardship Waiver Victory: New Delhi

    Daniel M. Kowalski
    "When considered in the aggregate, the documentation provided regarding the qualifying spouse's medical, emotional and financial hardships demonstrate that the qualifying spouse would suffer extreme hardship were she to remain in the United States without the applicant. The AAO thus concludes...
    on 20 Nov 2012

  • Blog Post: AAO Hardship Waiver Victory: India

    Daniel M. Kowalski
    Scott D. Pollock writes: "Here is a nice decision we got from the AAO that overturns a previous denial of an I-601 for both 212(a)(9)(B) and 212(i) waivers. The qualifying relative U.S. citizen husband is an entrepreneur who is engaged in expanding his network of small retail establishments. We...
    on 3 Dec 2012

  • Blog Post: AAO Reverses Denial of I-140 in RIR Case

    Daniel M. Kowalski
    Jerry Friedman writes: "Attached is a decision from the AAO reinstating an I-140 that was revoked by the Texas Service Center. The revocation was based on the Service Center’s lack of understanding of the reduction in recruitment procedure in place in 2001. Dvorak initially filed the labor...
    on 3 Dec 2012

  • Blog Post: CISOMB Telecon Dec. 19th: How is the AAO Working for You?

    Daniel M. Kowalski
    Not on the CISOMB website yet, but from an email dated Dec. 7, 2012: " Teleconference Invitation The USCIS Administrative Appeals Office (AAO) December 19, 2012 2:00 - 3:00 pm Eastern Please join in a conversation facilitated by the Ombudsman’s Office concerning USCIS’s...
    on 7 Dec 2012

  • Blog Post: AAO VAWA Self-Petitioner I-601 / I-212 Waiver Victory

    Daniel M. Kowalski
    "Upon review, the AAO finds that the applicant has established a sufficient connection between the battering and subjection to extreme cruelty she suffered at the hands of her former spouse and her departure and reentry to the United States that gave rise to inadmissibility under section 212(a)...
    on 14 Feb 2013

  • Blog Post: AAO Hardship Waiver Victory: Mexico

    Daniel M. Kowalski
    Jennifer M. Morrissey writes: "Here is an I-601 AAO approval I received today. Only took six years…. (I-601 filed in 2007 with Portland Field Office – denied 2009, appeal to AAO denied 2012, Motion to Reopen granted and I-601 approved March 15, 2013 )."
    on 20 Mar 2013

  • Blog Post: AAO 212(i) Hardship Waiver Victory; Domestic Partnership Taken Into Account

    Daniel M. Kowalski
    "Counsel notes that the applicant's domestic partner of 17 years will suffer emotional and physical hardship due to the applicant's inadmissibility. However, the AAO may only consider hardship to a qualifying relative. The AAO may give some consideration to the applicant's relationship...
    on 2 May 2013

  • Blog Post: USCIS Interim Policy Memo for Comment: Precedent and Non-Precedent Decisions of the AAO

    Daniel M. Kowalski
    "This policy memorandum (PM) and accompanying revisions to the Adjudicator’s Field Manual (AFM) guide U.S.Citizenship and Immigration Services (USCIS) officers on the distinction between and proper use of precedent and non-precedent AAO decisions. This PM revises Subchapter 14.4 of the AFM;...
    on 3 Jul 2013

  • Blog Post: USCIS Policy Memo: Certification of Decisions to the Administrative Appeals Office (AAO)

    Daniel M. Kowalski
    "This policy memorandum (PM) and accompanying revisions to the Adjudicator’s Field Manual (AFM) guide officers on the proper use of the decision certification mechanism described in 8CFR 103.4. This PM revises Subchapters 3.5, 10.7, 10.8, 10.14 and 10.18 of the AFM; AFM Update AD13-08."...
    on 3 Jul 2013