Immigration Law

Recent Posts

In Honor of Justice Ginsburg: Disfavoring "Piepowder Courts" Against Permanent Residents in Vartelas v. Holder
Posted on 19 Sep 2020 by Daniel M. Kowalski

Cyrus Mehta, Sept. 19, 2020 "Saddened by the death of Justice Ginsburg, I searched through the blogs I have written on her opinions in immigration cases. I was again reminded not only about her brilliance but how forcefully she advanced the rights... Read More

Cyrus Mehta on The Future of Work and Visa Rules in the Age of COVID-19
Posted on 15 Sep 2020 by Daniel M. Kowalski

Cyrus Mehta, Sept. 14, 2020 "Since COVID-19 afflicted the world, people have learned to work remotely from home and the office seems to be less relevant . Most white collared work can be carried out remotely through Zoom Video or Microsoft Teams... Read More

Tags: mehta , visas , COVID-19

Cyrus Mehta on Gomez v. Trump: Welcome to the Brave New World of Made Up Law Under INA 212(f)
Posted on 8 Sep 2020 by Daniel M. Kowalski

Cyrus Mehta, Sept. 8, 2020 "Before President Trump, one could hardly imagine that an American president would use INA § 212(f) to rewrite immigration law in a manner he saw fit and with whatever prejudices might be harboring in his mind. While... Read More

Tags: 212(f) , mehta , Trump

Cyrus Mehta on Trump's Census Order
Posted on 1 Sep 2020 by Daniel M. Kowalski

Cyrus Mehta, Aug. 30, 2020 The Impossible Feat of Determining Who is an “Illegal Alien” Under Trump’s Unconstitutional Census Executive Order "In line with other xenophobic actions too numerous to keep tabs on, President Trump... Read More

Cyrus Mehta: Extending Visitor Visa Status During COVID-19 and after the Birth Tourism Rule
Posted on 20 Jul 2020 by Daniel M. Kowalski

Cyrus Mehta, July 20, 2020 "Visitors who have been admitted in B-2 visa status may extend their status while in the United States. Even if a visitor has a multiple entry visa in the passport for a duration of ten years, the visitor is admitted... Read More

Cyrus Mehta: The Real Threat to the US Economy Is...
Posted on 29 Jun 2020 by Daniel M. Kowalski

Cyrus Mehta, Kaitlyn Box*, June 27, 2020 The Real Threat to the US Economy is Trump’s Proclamation, Not the Nonimmigrant Workers it Bans "President Trump has mastered the Dark Arts of immigration bans. On June 22, 2020, Trump signed yet... Read More

Cyrus Mehta on DACA and Reliance
Posted on 26 Jun 2020 by Daniel M. Kowalski

Cyrus Mehta, June 22, 2020 "On June 18, 2020, the Supreme Court in Department of Homeland Security v. Regents of the University of California ruled that Elaine C. Duke, then-Acting Secretary of the Department of Homeland Security (DHS), violated... Read More

Using a Sledgehammer to Crack a Nut: Trump Proclamation Bans Chinese Students and Researchers Linked to China’s “Military-Civil Fusion Strategy”
Posted on 9 Jun 2020 by Daniel M. Kowalski

Cyrus Mehta, June 1, 2020 "President Trump has issued a proclamation limiting Chinese students wishing to study in the United States to undergraduates under certain conditions, and limiting Chinese researchers. The proclamation states that the... Read More

Tags: 212(f) , mehta , China , Trump

Experts: H-1B and COBRA
Posted on 20 May 2020 by Daniel M. Kowalski

Shilpa Phadnis, TNN, May 20, 2020 " Cyrus D Mehta , managing attorney at the New York-based law firm Cyrus D Mehta & Partners, said if the employer offers health insurance, then under COBRA, the employer must offer the option of continuing... Read More

Tags: COBRA , mehta , H-1B , yale-loehr

Cyrus Mehta: Building the Legal Case to Challenge Trump's Immigration Ban
Posted on 27 Apr 2020 by Daniel M. Kowalski

Cyrus Mehta, Apr. 26, 2020 "President Trump’s latest Proclamation is a brazen attempt to rewrite US immigration laws under the guise o protecting Americans during the COVID-19 pandemic. The Proclamation bans most noncitizens who will enter... Read More

Cyrus Mehta: Immigration Attorneys on the Frontlines in the COVID-19 Crisis
Posted on 24 Mar 2020 by Daniel M. Kowalski

Cyrus Mehta, Mar. 24, 2020 "Since USCIS still requires paper submissions by mandated deadlines and the immigration courts in detention centers still function, the COVID-19 crisis has compelled immigration attorneys to take more risks than others... Read More

How USCIS Can Remain True to its Mission by Exercising Compassion During the COVID-19 Period
Posted on 17 Mar 2020 by Daniel M. Kowalski

Cyrus Mehta, Mar. 16, 2020 "Although the United States Citizenship and Immigration Services is mandated by Congress to grant benefits, it has become an enforcement oriented agency under the Trump administration that has displayed remarkable hostility... Read More

Tags: mehta , COVID-19 , USCIS

How Interpol Red Notices Allow Abusive Foreign Governments to Manipulate and Undermine the Integrity of Immigration Proceedings in the United States
Posted on 10 Mar 2020 by Daniel M. Kowalski

Cyrus Mehta, Mar. 8, 2020 "The Board of Immigration Appeals in Matter of W-E-R-B -, 27 I&N Dec. 795 (BIA 2020) recently ruled that an Interpol Red Notice may constitute reliable evidence of criminality that serves as a bar for asylum and withholding... Read More

Guilford College v. Wolf: Reflecting on the Nationwide Injunction in Immigration Cases
Posted on 11 Feb 2020 by Daniel M. Kowalski

Cyrus Mehta, Feb. 11, 2020 "In a stunning victory for F, J, and M nonimmigrant students battling unlawful presence policy, a federal district court in North Carolina has granted a permanent injunction preventing USCIS from enforcing its problematic... Read More

Trump's Expanded Travel Ban - Cyrus Mehta
Posted on 5 Feb 2020 by Daniel M. Kowalski

Cyrus Mehta, Feb. 2, 2020 "President Trump has done it again. On January 31, 2020, he used his extraordinary broad powers under INA § 212(f) to expand his travel ban to six additional countries. The affected countries are Nigeria, Eritrea... Read More