Immigration Law

Recent Posts

The Legal Basis for DACA as Expressed in the Final Rule
Posted on 31 Aug 2022 by Daniel M. Kowalski

Cyrus D. Mehta and Kaitlyn Box, Aug. 31, 2022 "On August 24, 2022, the Department of Homeland Security (DHS) issued a final rule aimed at “preserving and fortifying” the Deferred Action for Childhood Arrivals (DACA) program. The DACA... Read More

Justice Barrett and the Fate of the Mayorkas Prosecutorial Discretion Memo
Posted on 17 Aug 2022 by Daniel M. Kowalski

Cyrus D. Mehta, Kaitlyn Box, Aug. 16, 2022 "On July 21, 2022, the Supreme Court granted certiorari in United States v. Texas , which involves a challenge to the U.S. Immigration and Customs Enforcement (ICE) enforcement priorities as originally... Read More

Ethical Considerations when ICE Moves to Dismiss Removal Proceedings under the Doyle Prosecutorial Discretion Memo
Posted on 9 May 2022 by Daniel M. Kowalski

Cyrus Mehta and Kaitlyn Box, May 9, 2022 "On April 3, 2022 the U.S. Immigration and Custom Enforcement (ICE) Office of the Principal Legal Advisor (OPLA) Kerry E. Doyle issued a memorandum (“the Doyle memo”) which empowers ICE attorneys... Read More

Cyrus Mehta on Portability
Posted on 18 Apr 2022 by Daniel M. Kowalski

Cyrus Mehta, Apr. 18, 2022 I-485 Supplement J Should Not Be the Only Vehicle to Express Portability "It is well settled that noncitizens must have the requisite intent to work for their employers at the time of entry or adjustment of status under... Read More

Immigration Relief for Ukrainian Refugees: What the United States is Currently Offering
Posted on 4 Apr 2022 by Daniel M. Kowalski

Cyrus Mehta, Apr. 2, 2022 "I conducted a one hour presentation on immigration relief for Ukrainians under the aegis of the Practicing Law Institute on March 29, 2022, and spoke about options for Ukrainians in the US as well as for those who have... Read More

Tags: mehta , Ukraine

USCIS Contact Center is More a Source of Frustration than Assistance
Posted on 15 Mar 2022 by Daniel M. Kowalski

Cyrus D. Mehta, Kaitlyn Box, and Jessica Paszko, Mar. 15, 2022 "The USCIS Contact Center purports to provide tools for checking case statuses online, correcting notices that contain mistakes or were never delivered, and connecting applicants to... Read More

Tags: mehta , USCIS

Cyrus Mehta on STEM Expansion, EB Visa Petition Transfers
Posted on 25 Jan 2022 by Daniel M. Kowalski

Bender's Immigration Bulletin Editorial Board Member Cyrus D. Mehta has two new blog posts online: Expansion of STEM Practical Training and Broadening of O-1A Standards Allows Foreign Talented Students to Contribute to the US Even If Rejected in... Read More

Holiday Gifts from DOS: Expanded Interview Waivers and Lenient View on Student Nonimmigrant Intent
Posted on 27 Dec 2021 by Daniel M. Kowalski

Cyrus Mehta, Dec. 25, 2021 "The State Department has given much needed holiday gifts to ease delays in visa processing brought about by the evisceration of consular operations due to Covid-19. According to a December 22, 2021 article in Roll... Read More

The Legal Basis Underpinning the New Automatic Extension of Work Authorization for H-4, L-2 and E-2 Spouses, and Why It Must Still Be Challenged: Cyrus Mehta
Posted on 22 Nov 2021 by Daniel M. Kowalski

Cyrus Mehta, Nov. 22, 2021 "The USCIS has been processing employment authorization requests for H-4 and L-2 spouses so slowly that they have been rendered virtually useless. By the time the applicant receives the employment authorization document... Read More

Cyrus Mehta: Giuliani, Trump and Arizona's "Illegal Alien" Voters
Posted on 28 Jun 2021 by Daniel M. Kowalski

Cyrus Mehta, June 26, 2021 "The temporary suspension of Rudolph Giuliani’s bar license by a New York appellate court for making false statements on behalf of Donald Trump’s election is thought provoking for lawyers, especially those... Read More

Tags: mehta , Trump

Cyrus Mehta: DOS Guidance on ART is Welcome
Posted on 2 Jun 2021 by Daniel M. Kowalski

Cyrus Mehta, June 2, 2021 "On May 18, 2021, the State Department issued guidance broadening the path for transmission of US citizenship to a child born abroad to married parents. The guidance is reproduced below: Recognizing the advances in... Read More

Cyrus Mehta: Proposals for Shattering Barriers and Obstacles to Legal Immigration Without Waiting for Congress to Act
Posted on 19 May 2021 by Daniel M. Kowalski

Cyrus Mehta, May 19, 2021 "Re: USCIS-2021-0004, Identifying Barriers Across U.S. Citizenship and Immigration Services (USCIS) Benefits and Services; Request for Public Input I would like to propose ideas that would provide relief to beneficiaries... Read More

Tags: mehta , USCIS

US Imposes COVID Travel Ban on India: How Effective Are Such Travel Bans?
Posted on 3 May 2021 by Daniel M. Kowalski

Cyrus D. Mehta and Kaitlyn Box*, May 3, 2021 "In previous blogs we have discussed the Trump administration’s numerous COVID travel bans that were extended by President Biden, and provided suggestions for overcoming them. On Friday, April... Read More

Tags: mehta , India , COVID-19

Cyrus Mehta on Coping with Delays Facing H-4 and L-2 Spouses When They Have a Pending Adjustment Application – Part 2
Posted on 19 Apr 2021 by Daniel M. Kowalski

Cyrus Mehta and Isabel Rajabzadeh*, Apr. 19, 2021 "Although H-4 and L-2 extensions continue to be delayed since our last blog “ Coping with Delays Facing H-4 and L-2 Spouses ”, we highlight another issue, which adds further hardship... Read More

Cyrus Mehta on Delays, Quotas
Posted on 13 Apr 2021 by Daniel M. Kowalski

April 11, 2021 - Coping with Delays Facing H-4 and L-2 Spouses April 2, 2021 - End the Arbitrary H-1B Lottery and Visa Quotas – and other practical considerations for the winners! Read More