Immigration Law

Recent Posts

Recent H-1B Case Brings Hope
Posted on 28 Aug 2019 by Daniel M. Kowalski

Cora-Ann Pestaina, Aug. 28, 2019 "As the U.S. Citizenship and Immigration Services (USCIS) continues its shameful and relentless attack on the H-1B visa program under the misguided “ Buy American Hire American ” Executive Order, it... Read More

Tags: mehta , pestaina , H-1B

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

Cyrus Mehta: Need to Plan Ahead Before Sponsoring a Senior Parent for a Green Card
Posted on 31 Jul 2019 by Daniel M. Kowalski

Cyrus Mehta, July 29, 2019 "Many US citizens, especially those who have recently naturalized, desire to sponsor their senior parents for lawful permanent residence, also colloquially known as the green card. A US citizen can sponsor a parent for... Read More

Fallout from Trump’s Muslim Ban: Requiring Use of Social Media on Visa Application Forms - Cyrus Mehta
Posted on 10 Jun 2019 by Daniel M. Kowalski

Cyrus Mehta, June 10, 2019 "On May 31, 2019, the State Department added new questions to visa application forms , DS-160/DS-156 Nonimmigrant Visa Application and Form DS-260, Immigrant Visa Application. Visa applicants now have to disclose the... 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

Cyrus Mehta on the Guilford College (Unlawful Presence) Injunction
Posted on 14 May 2019 by Daniel M. Kowalski

Cyrus Mehta and Amani M. Abuhamra, May 11, 2019 "In a promising development for F, J, and M nonimmigrants battling unlawful presence policy, a federal district court in North Carolina has granted a preliminary injunction preventing USCIS from enforcing... Read More

Barr Cannot Ignore the Constitution: The AG’s Latest Attack on Asylum Seekers in Matter of M-S-
Posted on 24 Apr 2019 by Daniel M. Kowalski

Sophia Genovese, Apr. 23, 2019 "The Attorney General cannot selectively choose when to apply the rule of law. Yet when it comes to immigrants, the government feels emboldened to ignore the constitutional protections that are afforded to immigrants... Read More

Tags: mehta , barr , genovese , asylum

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

The Border Patrol Needs to Brush Up on the Law
Posted on 15 Feb 2019 by Daniel M. Kowalski

David Isaacson, Feb. 12, 2019 "In late January, Oregon comedian Mohanad Elshieky was briefly detained by the Border Patrol while traveling on a Greyhound bus in Spokane, Washington. He recounted the incident on Twitter , and it was also reported... Read More

To Leave Or Not To Leave: The Devastating Impact of USCIS’s Unlawful Presence Policy on Foreign Students - Cyrus Mehta
Posted on 28 Jan 2019 by Daniel M. Kowalski

Cyrus Mehta, Jan. 28, 2019 "The new USCIS Policy on Unlawful Presence for F, J and M Nonimmigrants took effect on August 9, 2018. This policy has had the effect of rendering nonimmigrants in F, J and M status, mainly students, unlawfully present... Read More

Cyrus Mehta: Trump Can Provide a Potential Path to Citizenship for H-1B Visa Holders
Posted on 14 Jan 2019 by Daniel M. Kowalski

Cyrus Mehta, Jan. 14, 2019 "On Friday, January 11, 2019, many were intrigued by President Trump’s tweet assuring H-1B visas that they should expect a potential path to citizenship. This is what he tweeted : “H1-B holders in the United... Read More

Tags: tweets , mehta , H-1B , Trump

Top 10 Most-Viewed Posts in 2018 on Cyrus Mehta's Blog
Posted on 30 Dec 2018 by Daniel M. Kowalski

Cyrus Mehta, Dec. 29, 2018 - "Thank you for reading and supporting The Insightful Immigration Blog. Listed below are the top 10 most viewed blogs that were published in 2018. While these are the 10 most viewed blogs, each blog is a carefully crafted... Read More

Tags: mehta

The Curse of Kazarian v. USCIS in Extraordinary Ability Adjudications Under the Employment-Based First Preference - Cyrus Mehta
Posted on 18 Dec 2018 by Daniel M. Kowalski

Cyrus Mehta, Dec. 17, 2018 - "When Kazarian v. USCIS , 596 F.3d 1115 (9th Cir. 2010), was first decided, it was received with much jubilation as it was thought that the standards for establishing extraordinary ability would be more straightforward... Read More

Acting AG Whitaker Takes Aim at Asylum Seekers Fleeing Family-Based Persecution - Sophia Genovese
Posted on 11 Dec 2018 by Daniel M. Kowalski

Sophia Genovese, Dec. 10, 2018 - "Acting Attorney General Matthew Whitaker has followed in his predecessor’s footsteps by referring yet another immigration case to himself, Matter of L-E-A-, 27 I&N Dec. 494 (A.G. 2018) . The Acting AG asks... Read More

Trump is Not King, Cannot Change US Asylum System via Executive Action
Posted on 26 Nov 2018 by Daniel M. Kowalski

Cyrus Mehta, Nov. 26, 2018 - "Donald Trump probably thinks that section 212(f) of the Immigration and Nationality Act (INA) makes him king as far as immigration matters are concerned. As a president with autocratic impulses, INA § 212(f) gives... Read More

Tags: mehta , Trump , asylum