Immigration Law

Recent Posts

Cyrus Mehta: Federal Courts May Not Have the Last Word in Reviewing Denial of NIW
Posted on 10 Sep 2019 by Daniel M. Kowalski

Cyrus Mehta, Sept. 9, 2019 "Filing lawsuits in federal court to challenge erroneous denials of visa petitions by USCIS have become more frequent. There is more of a shot at a reversal when a federal judge reviews a denial of the USICS. Under the... Read More

Asylum EAD Proposed Rule
Posted on 9 Sep 2019 by Daniel M. Kowalski

Federal Register / Vol. 84, No. 174 / Monday, September 9, 2019 "The Department of Homeland Security (DHS) proposes to remove a regulatory provision stating that U.S. Citizenship and Immigration Services (USCIS) has 30 days from the date an asylum... Read More

Lawsuit Targets Termination of Medical Deferred Action
Posted on 6 Sep 2019 by Daniel M. Kowalski

ACLU, Sept. 5, 2019 "The ACLU of Massachusetts and Lawyers for Civil Rights (LCR) today filed a lawsuit challenging the Trump administration’s abrupt termination of a government program that protects immigrants with life-threatening health... Read More

USCIS to Tighten 'Residence' Definition for Citizenship
Posted on 28 Aug 2019 by Daniel M. Kowalski

USCIS, Aug. 28, 2019 SUBJECT: Defining “Residence” in Statutory Provisions Related to Citizenship Purpose U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address requirements... Read More

New USCIS EAD Policy for Parolees (Aug. 19, 2019)
Posted on 19 Aug 2019 by Daniel M. Kowalski

USCIS, Aug. 19, 2019, PA-2019-04 "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address USCIS’ discretion to grant employment authorization to foreign nationals paroled into the... Read More

Tags: ead , parole , USCIS

USCIS Public Charge Final Rule (Aug. 14, 2019)
Posted on 14 Aug 2019 by Daniel M. Kowalski

Federal Register / Vol. 84, No. 157 / Wednesday, August 14, 2019 "This final rule amends DHS regulations by prescribing how DHS will determine whether an alien applying for admission or adjustment of status is inadmissible to the United States... Read More

Advance Copy of USCIS 'Public Charge' Final Rule
Posted on 12 Aug 2019 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 08/14/2019 "This final rule amends DHS regulations by prescribing how DHS will determine whether an alien applying for admission or adjustment of status is inadmissible to the... Read More

USCIS to Close 16 International Offices
Posted on 12 Aug 2019 by Daniel M. Kowalski

USCIS, Aug. 9, 2019 "U.S. Citizenship and Immigration Services (USCIS) announced today plans to maintain operations at its international field offices in Beijing and Guangzhou, China; Nairobi, Kenya; and New Delhi, India. Previously, Acting Director... Read More

Tags: USCIS

Big H-1B Defeat for USCIS: RELX v. Baran
Posted on 6 Aug 2019 by Daniel M. Kowalski

RELX (LexisNexis) v. Baran "In short, the LexisNexis position was a distinct occupation which required a specialized course of study, notwithstanding the fact that the study included several specialized fields. Ms. Chatterjee completed that specialized... Read More

Tags: H-1B , USCIS

USCIS to End Certain Categorical Parole Programs
Posted on 2 Aug 2019 by Daniel M. Kowalski

USCIS, Aug. 2, 2019 "U.S. Citizenship and Immigration Services (USCIS) today announced its intention to terminate two categorical parole programs, consistent with Executive Order (E.O.) 13767, Border Security and Immigration Enforcement Improvements... Read More

Tags: parole , 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

Cuccinelli's 'Asylum and Internal Relocation Guidance' Sure to Spawn Litigation
Posted on 31 Jul 2019 by Daniel M. Kowalski

On July 26, 2019 USCIS Acting Director Ken Cuccinelli posted this guidance : "A message sent by the acting director to USCIS asylum officers regarding asylum and internal relocation guidance. Release Date: July 26, 2019 The crisis... Read More

A Call for Plaintiffs: Due Process, Immigration Judges, and Asylum Officers
Posted on 24 Jul 2019 by Daniel M. Kowalski

Due Process, Immigration Judges, and Immigration Officers , by Prof. Richard J. Pierce, Jr., July 24, 2019 "The Supreme Court has long emphasized the requirement of a neutral decision maker as a critical component of the process that is due any... Read More

USCIS Processing Delays and the Resulting Consequences to TPS Holders and their Families
Posted on 2 Jul 2019 by Daniel M. Kowalski

CLINIC Policy Brief, June 25, 2019 "CLINIC’s policy brief examines extreme processing delays at USCIS under the Trump administration and the particular consequences to TPS holders and their families. The brief questions USCIS’ methods... Read More

Tags: tps , USCIS

Court Sanctions Against USCIS Could Affect All Visa Adjudications
Posted on 26 Jun 2019 by Daniel M. Kowalski

Stuart Anderson, Forbes, June 25, 2019 "U.S. Magistrate Judge Joaquin V.E. Manibusan, Jr. has recommended to the U.S. District Court of Guam that a Motion for Contempt be granted and sanctions be ordered against U.S. Citizenship and Immigration... Read More

Tags: sanctions , Guam , H-1B , USCIS , H-2B