Immigration Law

Recent Posts

Angelo A. Paparelli on Immigration Litigation: "Sue the Miscreants!"
Posted on 6 Mar 2019 by Daniel M. Kowalski

Angelo A. Paparelli, Mar. 4, 2019 "Much digital ink has already been spilled reporting on the phantom tide of undocumented migrants supposedly breaching our Southern border. This article will address a different, but very-real immigration flood... Read More

Angelo A. Paparelli: The Long-Lived ‘Con Job’ – Structural Injustice in the Immigration ‘Courts’
Posted on 1 Oct 2018 by Daniel M. Kowalski

Angelo Paparelli, Sept. 30, 2018 - "Last week, President Trump held an 81-minute press conference . He traversed wide-ranging territory, including his notions of procedural due process. Discussing the importance of fundamental fairness when trying... Read More

Angelo Paparelli: Where is USCIS Director Cissna?
Posted on 7 Sep 2018 by Daniel M. Kowalski

Angelo A. Paparelli, Sept. 5, 2018 - "As hard to spot as a well-camouflaged Waldo or surreptitious Carmen San Diego, Francis Cissna, Director of U.S. Citizenship and Immigration Services (USCIS), is almost nowhere to be found. The exception –... Read More

Angelo's Answer: Uncap and Grow
Posted on 4 Jun 2012 by Daniel M. Kowalski

"[M]arket-testing has already proven that -- at least in the nonimmigrant sector -- artificial visa quotas are not necessary. History shows (as Peri notes) that when the economy sizzles, the annual allotment of quota-based visas has been consumed... Read More

L-1 Petitioners Beware: USCIS Confirms Plans to Expand FDNS Site Visit Program
Posted on 12 May 2014 by Daniel M. Kowalski

"In an April 24, 2014 stakeholder teleconference, FDNS’s Associate Director, Sarah Kendall, confirmed plans to expand the Administrative Site Visit and Verification Program (ASVVP) to include all L-1 employers. ... USCIS has provided little... Read More

No Time for Rich-Whining, CIR Advocates Must Stay Focused on the Senate
Posted on 13 May 2013 by Daniel M. Kowalski

"The point of this post is not that revelry over the fall of xenophobes and eugenicists is wrong; rather, it is that celebrations of that sort are unaffordable luxuries. That wine is just too rich at this late hour. Advocates for enlightened CIR... Read More

The 2013 Nation of Immigrators Awards - The IMMIs Are Announced
Posted on 1 Jan 2014 by Daniel M. Kowalski

"Hindsight, the armchair pundits say, is 20-20. The year 2013 has proven them wrong. The end-of-year's rear-view mirror onto the world of U.S. immigration shows impenetrable fog. Unsurprisingly, as filmgoers know, vapory views of the recent... Read More

Immigration Voices: Coming out of the Shadows with the U Visa
Posted on 16 Dec 2014 by Daniel M. Kowalski

"Probably the most gratifying element of practicing immigration law is watching clients flourish. Obtaining immigration benefits, especially lawful permanent residency, often unleashes a wave of innovation and creativity . Less often, it produces... Read More

Parole-in-Place: The Immigration PIPsqueak That Could Help Solve the Biggest Obstacle to Comprehensive Reform
Posted on 18 Nov 2013 by Daniel M. Kowalski

"PIPsqueaking for the undocumented is a low-decibel measure that would position the undocumented to qualify for green cards through adjustment of status in the future under any of the otherwise available family- or employment-based immigrant visa... Read More

Rethinking Immigration: If America Will Welcome More Entrepreneurs, Why Not More Creatives?
Posted on 18 Mar 2013 by Daniel M. Kowalski

"While we obsess on the need to invite more immigrant entrepreneurs, why is there no comparable fixation on the importance of welcoming entrepreneurship's kissing cousin, creativity? We acknowledge the creativity of knowledge workers, yet we... Read More

Immigration Governance Unmasked
Posted on 5 Dec 2011 by Daniel M. Kowalski

"I think that if someone must put one's own name on the decisions he or she makes, then the legal scholarship, application of law to facts, reasoning and justice of each decision will inevitably improve. At the very least, the public would... Read More

The Xenophobes Can't Kill Immigration Reform - But What Should CIR Supporters Do Now?
Posted on 21 Apr 2013 by Daniel M. Kowalski

"Despite CIR proponents' quick retorts, the Boston bombings will likely make enactment all the more difficult. Unlike an esteemed colleague who predicts a less than 50% chance, I'm still optimistic that CIR will be enacted. If anything, Boston... Read More

Tags: Boston , paparelli , reform , cir

Can Congress Strip DAPA/DACA User Fees From USCIS?
Posted on 5 Dec 2014 by Daniel M. Kowalski

Angelo A. Paparelli explains: "[A] dispute has arisen among Republicans about whether Congress has the power to prohibit USCIS from processing deferred action cases by starving the agency of funds. The House Appropriations Committee maintained... Read More

The Immigration Week That Was
Posted on 24 Sep 2012 by Daniel M. Kowalski

Angelo A. Paparelli recaps the important, the serious...and the farcical immigration events of last week. Read More

Tags: news , paparelli

Hey, Immigration Bureaucrats: Corporations Are NOT People!
Posted on 16 Oct 2012 by Daniel M. Kowalski

"In the immigration sphere, bureaucrats in the Department of Labor (DOL) and U.S. Citizenship and Immigration Services (USCIS) often refuse to accept the established rule-of-law principle that companies are to be treated as distinct from their individual... Read More

  • Blog Post: Angelo Paparelli: Legislatively Required, Bureaucratically Enabled Immigration Deaths

    Angelo has a work-around for the 3/10 year bar problem: "[S]eemingly mandatory legislative procedures that lead to immigration deaths only appear necessary if the Administration is unwilling to look under the hood of the immigration laws to find more compassionate and life-saving alternatives...
  • Blog Post: Intubation and Incubation: Two Remedies for an Ailing Immigration Agency

    "As Justice Louis Brandeis famously observed, “[s]unlight is said to be the best of disinfectants ….” U.S. Citizenship and Immigration Services (USCIS) – the agency within the Department of Homeland Security (DHS) that decides which foreign entrepreneurs, investors, professionals...
  • Blog Post: Entrepreneurs in Immigration Residence Are Set to Occupy USCIS

    "Whether intended or inadvertent, EIR is a deft stratagem, even more artful than Clintonesque triangulating. Cleverness taken to the fourth degree, EIR, captured in one word, is all about quadrangulation ." - Angelo Paparelli, Oct. 29, 2011 .
  • Blog Post: Missive from Mumbai: Why Are U.S. Immigration Agencies Attacking India and Hurting America?

    "The odds of Indians receiving U.S. business-based visas have worsened in 18 years. Last week, in Bangalore, I again addressed an audience of Indian executives and entrepreneurs who this time were far more glum than giddy. The title of my presentation (" U.S. & Global Enforcement...
  • Blog Post: Immigration Magnetized, Privatized and Depersonalized

    "By privatizing immigration enforcement as a date-of-hire requirement foisted on employers, but not making identity verification essentially foolproof through the creation and distribution of a national ID card, Congress doomed IRCA to fail. In effect, federal lawmakers forced the nation's...
  • Blog Post: Immigration Governance Unmasked

    "I think that if someone must put one's own name on the decisions he or she makes, then the legal scholarship, application of law to facts, reasoning and justice of each decision will inevitably improve. At the very least, the public would be able to spot the bad apples (through the ...
  • Blog Post: Telling Immigration Stories: It's Not Just about Code Sections

    "Take for instance the 50 real-life biographies depicted so well, with vivid photos and eloquent word pictures, in a new book, Green Card Stories . ...These stories, like all well-told immigration biographies, humanize the demonized and prove that they are worthy of welcome. These dramatically...
  • Blog Post: What Are We Paying for? USCIS and the I-526 Exemplar Process

    "Today's post comes to us courtesy of my colleague, Brandon Meyer , a prolific writer whose analysis and commentary cover a wide array of immigration law topics. Brandon offers a spirited post on a troubling aspect of the EB-5 employment-creation immigrant investor green card category...
  • Blog Post: The 2011 Nation of Immigrators Awards - The IMMIs

    "As the ocean of time washes 2011 away, the eyes of the immigration world turn once again in heady anticipation to the annual IMMI Awards . Although not as hyped or well-known as the EMMYs or OSCARs, or as festive as the Golden Globes, this annual offering of plaudits or pickles to the year's...
  • Blog Post: The DHS Inspector General Report on Fraud Detection at USCIS: Pious Immigration Baloney

    Angelo Paparelli, Jan. 16, 2012 : "[T]his post is about the multiple pages of sanctimonious hogwash ( summarized here ), served up last week by the Homeland Security Department's Office of Inspector General (" The Effects of USCIS Adjudication Procedures and Policies on Fraud Detection...
  • Blog Post: Powdered Wig Immigration with the Lawyer as Potted Plant

    "As a starting point toward ensuring "meaningful participation in requests for immigration benefits," the USCIS should proclaim that lawyers are not potted plants to be carried into interview rooms by their clients. Rather, the agency in revised guidance should affirm that immigration...
  • Blog Post: How Angelo Deals With Bad RFEs

    "A roguish, stupid or intellectually dishonest RFE ... will cause me to erupt into silent, internal conniptions (I can't actually shout expletives in my law firm because that would likely create a hostile workplace and trigger multiple unpleasantries under state and federal law). Living...
  • Blog Post: Stumbling through Parallel Immigration Universes

    "We pride ourselves on our diversity and tolerance, our freedoms of thought, religion, press and assembly, and our American Dream mythology. Yet all around us we see behaviors and attitudes toward immigration -- even in the same individuals -- that are inconsistent and contrary to type."...
  • Blog Post: Immigration Options for DREAMers under EXISTING Law

    [Angelo Paparelli's posts just get better and better. This is one of his most informative, hopeful, exciting and important posts yet.] "The DREAMers, after all, are the innocents . They landed here without asking for a life full of challenge and hardship. They deserve a chance to be...
  • Blog Post: Angelo Paparelli: If I had a son, he'd look like a DREAMer

    "Last week I ventured into an alternate reality. Like the child, Alice, descending through the rabbit hole, I engaged on immigration with Executive-Branch officials, immigration lawyers , members of Congress, including the indefatigable champion of immigration reform, Rep. Luis Gutierrez , their...
  • Blog Post: Pre-Election Bipartisanship - Except on Immigration, Where Sen. Grassley Stubbornly Obstructs

    "USCIS and its FDNS unit are now running scared by Sen. Grassley’s gassy harrumphing, and see fraud where the President and most members of Congress, including the Senior Senator from Iowa, see opportunities for job creation. The solution is to debunk the notion that American job losses...
  • Blog Post: Immigration Protectionism Costs America Billions

    "America's domestic demographic problem is in our control. The remedy will not be found, however, by rebuilding our manufacturing base to its former glory, or, as some have recently done, by warring with women on family planning decisions . The U.S. will only correct its trade imbalances...
  • Blog Post: Instruct Us Again on the Immigration Rules

    "That some federal officers, such as the swoop-down visitors from USCIS's Fraud Detection and Nationality Security Directorate , would try to defy Constitutional protections and black-letter administrative law through the back-door rewriting of the instructions to an immigration form is...
  • Blog Post: Rendering unto the Immigration Caesars

    "As a debate on the right and left rages throughout the nation over the proper role of government, it is fitting that NationOfImmigrators take note of Public Service Recognition Week and salute the devoted public servants in the immigration ecosphere who honor their oaths of office and strive...
  • Blog Post: ACUS Is Working on Immigration Again

    " ACUS is proposing a slew of administrative reforms for consideration on June 16 that would apply generally to all Executive Branch agencies. The most important for immigration aficionados would make the immigration system more just and efficient. The ACUS proposal offers a cornucopia of...
  • Blog Post: Angelo's Answer: Uncap and Grow

    "[M]arket-testing has already proven that -- at least in the nonimmigrant sector -- artificial visa quotas are not necessary. History shows (as Peri notes) that when the economy sizzles, the annual allotment of quota-based visas has been consumed in days, but when it is frail, the quota...
  • Blog Post: Angelo Paparelli: Access Denied

    "Rising visa-rejection rates in America, doubling of visa fees and a spate of lawsuits are forcing Indian IT firms to reconsider their onsite staffing strategy. We spoke to Angelo Paparelli, a US-based business immigration lawyer, to comprehend the genesis of this backlash against Indian IT workers...
  • Blog Post: A View from the Bunker: The Battle for Talent

    "As we await the promised L-1B guidance on specialized knowledge, insiders report that USCIS may buckle under the weight of this war of letters and try to restrict the category notwithstanding any relevant change in law or regulation since 1990." - Angelo Paparelli, June 10, 2012 .
  • Blog Post: Immigration Lawyers Arguing: "Can I Work from Home for a Foreign Employer?"

    "As a change of pace from this blog's usual fare of criticizing immigration agencies and Congress, today we'll offer a PG-rated point/counterpoint with guest blogger, Karin Wolman , and me. We debate the oft-posed question whether a foreign citizen while living in the United States and holding...
  • Blog Post: Will USCIS Kill the EB-5 Program?

    " Historians of the EB-5 visa know that this benighted category has witnessed persistent government ineptitude from its inception. In its early years, a series of former immigration officials teased informal guidance letters from naïve or inattentive occupants of the INS general counsel's...