Immigration Law

Recent Posts

USCIS Policy Manual Updates (Sept. 17, 2020)
Posted on 17 Sep 2020 by Daniel M. Kowalski

On Sept. 15, 2020, USCIS posted three Policy Manual Updates: Continuous Residence, Naturalization, Vol. 12, Part D, Chap. 3 Athletes and Entertainers (P), Vol. 2, Part N Aliens of Extraordinary Ability or Achievement (O), Vol. 2, Part M On Sept... Read More

USCIS Extends Flexibility for Responding to Agency Requests
Posted on 14 Sep 2020 by Daniel M. Kowalski

USCIS, Sept. 11, 2020 "In response to the coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services is extending the flexibilities it announced on March 30, 2020, to assist applicants, petitioners, and requestors who are responding... Read More

Tags: COVID-19 , USCIS

Proposed USCIS Biometrics Rule
Posted on 11 Sep 2020 by Daniel M. Kowalski

Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules "This rule proposes to amend DHS regulations concerning the use and collection of biometrics in the enforcement and administration of immigration laws by U.S. Citizenship... Read More

Tags: biometrics , USCIS

ABIL Files Amicus Brief in ILRC v. Wolf
Posted on 9 Sep 2020 by Daniel M. Kowalski

On Sept. 9, 2020 Angelo A. Paparelli , on behalf of ABIL , filed this amicus brief in ILRC v. Wolf. Angelo writes: "The brief attacks as unlawful under the Homeland Security Act any expenditures by USCIS from the Immigration Examinations Fee Account... Read More

USCIS Policy Alert: New Forms...and the Death of Premium Processing?
Posted on 3 Sep 2020 by Daniel M. Kowalski

USCIS Policy Alert, Sept. 2, 2020 (46 pages!) "For submissions postmarked on or after that October 2, 2020, USCIS will only accept the 10/02/20 edition of the following new or existing forms: Petition for Nonimmigrant Worker: H-1B or H-1B1... Read More

No More Automatic EADs for Asylum Applicants
Posted on 2 Sep 2020 by Daniel M. Kowalski

USCIS, Aug. 27, 2020 "Effective August 25, 2020, the Asylum Application, Interview, and Employment Authorization for Applicants Final Rule removed the exemption from discretion outlined in 8 CFR 274a.13(a)(1) for asylum applicants seeking employment... Read More

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

Military Naturalization Victory in DC: Samma v. DOD
Posted on 25 Aug 2020 by Daniel M. Kowalski

Samma v. DOD "The United States has a long history of allowing noncitizens to serve in its military and providing those who serve with an expedited path to citizenship. But in recent years, despite its need for noncitizen enlistees to fill its... Read More

USCIS Notice of Proposed Settlement: Mendez Rojas v. Wolf
Posted on 21 Aug 2020 by Daniel M. Kowalski

USCIS, Aug. 21, 2020 "NOTICE OF PROPOSED SETTLEMENT AND HEARING IN CLASS ACTION LAWSUIT INVOLVING INDIVIDUALS WHO HAVE FILED, OR WILL BE FILING, AN ASYLUM APPLICATION MORE THAN ONE YEAR AFTER ARRIVING IN THE UNITED STATES. MENDEZ ROJAS, ET... Read More

USCIS on Terminating Asylum: Policy Alert
Posted on 21 Aug 2020 by Daniel M. Kowalski

USCIS, Aug. 21, 2020 Clarifying Procedures for Terminating Asylum Status in Relation to Consideration of an Application for Adjustment of Status "Asylum may be granted to those who meet the definition of a refugee and are physically present in... Read More

A SEVIS Reminder from USCIS
Posted on 20 Aug 2020 by Daniel M. Kowalski

USCIS, Aug. 18, 2020 USCIS Reminds F-1 Aliens in Post-Completion OPT and Their DSOs to Enter Employer Information in SEVIS "As exceeding unemployment limits can result in a loss of status, we are reminding F-1 aliens participating in post-completion... Read More

USCIS Extends Form I-9 Flexibility
Posted on 20 Aug 2020 by Daniel M. Kowalski

USCIS, Aug. 19, 2020 "The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification... Read More

Tags: I-9 , USCIS , DHS , ICE

Advance Copy of H-2A Temporary Final Rule (effective Aug. 19, 2020)
Posted on 18 Aug 2020 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 08/20/2020. "As a result of continued disruptions and uncertainty to the U.S. food agriculture sector during the summer and upcoming fall agricultural season caused by the global... Read More

Tags: COVID-19 , USCIS , DHS , H-2A

Legitimacy of Wolf, Cuccinelli in Jeopardy
Posted on 14 Aug 2020 by Daniel M. Kowalski

On Aug. 13, 2020 the feds dropped their appeal in L.M.-M. v. Cuccinelli . This means the March 1, 2020 district court ruling stands. More here . On Aug. 14, 2020 the GAO concluded : "Upon Secretary Kirstjen Nielsen's resignation on April 10... Read More

Tags: wolf , Cuccinelli , USCIS , DHS

Feds Withdraw Guilford College Appeal
Posted on 5 Aug 2020 by Daniel M. Kowalski

DHS has withdrawn its appeal to the Circuit Court of Appeals for the Fourth Circuit. Thus, the Feb. 6, 2020 permanent nationwide injunction is the final word. Here is Ron Klasko's Feb. 18, 2020 essay on why the decision is so important. Statement... Read More