Immigration Law

Recent Posts

Report: Citizenship Delayed: Civil Rights and Voting Rights Implications in the Backlog in Citizenship and Naturalization Applications
Posted on 13 Sep 2019 by Daniel M. Kowalski

USCCR, Sept. 12, 2019 "The Colorado Advisory Committee to the U.S. Commission on Civil Rights released its report, Citizenship Delayed: Civil Rights and Voting Rights Implications of the Backlog in Citizenship and Naturalization Applications .... Read More

Trump Backtracks on USCIS Medical Deferred Action
Posted on 4 Sep 2019 by Daniel M. Kowalski

Miriam Jordan, New York Times, Sept. 2, 2019 "The Trump administration on Monday announced that it would reconsider its decision to force immigrants facing life-threatening health crises to return to their home countries, an abrupt move last month... Read More

Abrupt USCIS Policy Shift Threatens Sick Kids with Deportation
Posted on 29 Aug 2019 by Daniel M. Kowalski

Walter Ewing, Immigration Impact, Aug. 28, 2019 "Without so much as a formal announcement, the Trump administration sent letters to families of sick children containing a dire warning: leave the country in 33 days or face deportation and a years... Read More

USCIS Cites to 1911 'Cruel Injustice' Case to Support Public Charge Rule
Posted on 20 Aug 2019 by Daniel M. Kowalski

David Isaacson, Aug. 20, 2019 “An Act of Cruel Injustice”: If the Trump Administration is Relying on Grudging Court Acceptance of Cruel Results as Support for the New Public Charge Rule, What Does That Say About the Rule? ... Read More

California Counties File First Lawsuit Over Trump's 'Public Charge' Rule
Posted on 14 Aug 2019 by Daniel M. Kowalski

Chris Mills Rodrigo, The Hill, Aug. 13, 2019 "Two California counties on Tuesday filed the first lawsuit against the Trump administration's new "public charge" rule that allows the government to deny entry or green cards to immigrants... Read More

Expert: New 'Public Charge' Rule Likely to Mean More Green Cards Denied
Posted on 13 Aug 2019 by Daniel M. Kowalski

Tessa Berenson, Brian Bennett, Time Magazine, Aug. 13, 2019 "Immigration groups vowed to fight a Trump Administration plan to deny green cards to applicants who use Medicaid, food stamps and other forms of public assistance, as experts warned the... Read More

Lawsuit Challenges Systemic USCIS and ICE FOIA Delays
Posted on 20 Jun 2019 by Daniel M. Kowalski

AIC, June 19, 2019 "Under the Freedom of Information Act (FOIA), individuals must receive a determination on requests for information within a maximum of 30 days. However, individuals and attorneys who file FOIAs with the United States Citizenship... Read More


H-1B Visa Petition Revocations: the New Normal?
Posted on 12 Jun 2019 by Daniel M. Kowalski

Laura D. Francis, Bloomberg, June 11, 2019 "Comtrix Solutions Inc., a Virginia-based health care staffing company, got approval to bring in skilled foreign workers on H-1B visas for several clients in October 2018, six months after it applied.... Read More

Tags: H-1B , USCIS

Is USCIS Hiding Asylum Training Materials?
Posted on 12 Jun 2019 by Daniel M. Kowalski

Francie Diep, Pacific Standard, June 7, 2019 "It used to be that, to help refugees prepare to meet with a government officer who will decide whether they qualify for asylum, immigration lawyers would look up the documents that the government used... Read More

Tags: training , USCIS , asylum

Ken Cuccinelli, USCIS and the FVRA: Steve Vladeck
Posted on 10 Jun 2019 by Daniel M. Kowalski

Steve Vladeck, June 10, 2019 " The last time I wrote about the Trump administration’s abuse of the Federal Vacancies Reform Act (FVRA) of 1998 , I opened with Yogi Berra’s famous quip that “it’s like déjà vu... Read More

Making the Case for Expanding a Foreign National’s Interest in an I-140 Petition
Posted on 5 Jun 2019 by Daniel M. Kowalski

Cyrus D. Mehta & Patrick Matutina, June 5, 2019 "Current regulations generally preclude beneficiaries from participating in employment-based immigrant visa proceedings, including post-adjudication motions and appeals. The employment-based immigrant... Read More

Tags: mehta , USCIS , i-140

Reps Lead Bipartisan Letter to Change Administration Guidance on Immigrants Working in the Cannabis Industry
Posted on 30 May 2019 by Daniel M. Kowalski

Congressman Joe Neguse, May 29, 2019 "Representatives Joe Neguse (D-CO), Hakeem Jeffries (D-NY) and Kelly Armstrong (R-ND) are leading a bipartisan letter urging Attorney General Barr and Acting Secretary McAleenan to retract guidelines issued... Read More

Cyrus Mehta: Is USCIS Improving or Undermining the Immigration System?
Posted on 8 Apr 2019 by Daniel M. Kowalski

Cyrus Mehta, Apr. 6, 2019 "USCIS posted TOP TEN WAYS USCIS is improving the Integrity of the Immigration System . Really? Is USCIS improving the integrity of the system or undermining it? The USCIS has been mandated by Congress to grant benefits... Read More

Tags: mehta , USCIS

Immigration Agencies Communicated Prior to Arrest of Sanctuary Leader
Posted on 27 Mar 2019 by Daniel M. Kowalski

Tina Vasquez, Rewire.News, Mar. 25, 2019 "Documents obtained by Rewire.News through a Freedom of Information Act (FOIA) request show that immigration enforcement officials reached out to the federal agency tasked with naturalizations and immigration... Read More

Lack of Digitization at USCIS Creates 'Paper Wall'
Posted on 12 Mar 2019 by Daniel M. Kowalski

Daniel Moattar, The Nation, Mar. 5, 2019 "Government audits point to “management weaknesses” at the agency. Some attorneys, like Bayley, believe USCIS leadership is competent but “overwhelmed” by the scale of the task. ... Read More