Immigration Law

Recent Posts

DOS Imposes Visa Restrictions on Chinese Communist Party Officials
Posted on 26 Jun 2020 by Daniel M. Kowalski

State Department, June 26, 2020 U.S. Department of State Imposes Visa Restrictions on Chinese Communist Party Officials for Undermining Hong Kong’s High Degree of Autonomy and Restricting Human Rights "President Trump promised to punish... 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

Presidential Proclamation on the Suspension of Entry as Nonimmigrants of Certain Students and Researchers from the People’s Republic of China
Posted on 29 May 2020 by Daniel M. Kowalski

White House, May 29, 2020 "The People’s Republic of China (PRC) is engaged in a wide‑ranging and heavily resourced campaign to acquire sensitive United States technologies and intellectual property, in part to bolster the modernization and... Read More

DHS Final Rule: Period of Admission and Extensions of Stay for Representatives of Foreign Information Media Seeking To Enter the United States
Posted on 9 May 2020 by Daniel M. Kowalski

Federal Register / Vol. 85, No. 91 / Monday, May 11, 2020 "This rule amends the Department of Homeland Security’s (‘‘DHS’’ or ‘‘the Department’’) regulations to achieve greater reciprocity between... Read More

Tags: PRC , visas , China , final rule , DHS

TSA and CBP on Arrival Restrictions from China
Posted on 7 Feb 2020 by Daniel M. Kowalski

Federal Register / Vol. 85, No. 26 / Friday, February 7, 2020 "This document announces a modification to the January 31, 2020 decision of the Secretary of the Department of Homeland Security (DHS) to direct all flights to the United States carrying... Read More

Tags: cbp , TSA , China , DHS , coronavirus

TSA Notification re Travel From China: Designated Airports
Posted on 4 Feb 2020 by Daniel M. Kowalski

Federal Register / Vol. 85, No. 23 / Tuesday, February 4, 2020 Notification of Arrival Restrictions Applicable to Flights Carrying Persons Who Have Recently Traveled From or Were Otherwise Present Within the People’s Republic of China "This... Read More

CA9 on Credibility: Qiu v. Barr
Posted on 11 Dec 2019 by Daniel M. Kowalski

Qiu v. Barr "Petitioner Lizhi Qiu, a native and citizen of China, applied for asylum. She alleged that Chinese government officials subjected her to a forced abortion. An immigration judge (“IJ”) denied relief on the ground that Petitioner’s... Read More

CA9 on China, Asylum, Religious Persecution: Guo v. Sessions
Posted on 31 Jul 2018 by Daniel M. Kowalski

Guo v. Sessions - "Petitioner Zhihui Guo is a Chinese citizen who entered the United States in 2010 on a student visa and stayed beyond its duration. He seeks review of the Board of Immigration Appeals’ (“BIA”) denial of his claims... Read More

Expert: 85% of EB-5 Investors from China
Posted on 31 Oct 2015 by Daniel M. Kowalski

Rosalie Murphy, Desert Sun, Oct. 30, 2015 - " At least 85 percent of EB-5 investors come from China, according to Cornell University immigration law professor Stephen Yale-Loehr . Part of the appeal of immigrant investor programs such as EB-5, he... Read More

Tags: eb-5 , China , yale-loehr

CA9 on REAL ID, Credibility: Dai v. Sessions
Posted on 9 Mar 2018 by Daniel M. Kowalski

Dai v. Sessions, Mar. 8, 2018 - "Ming Dai is a citizen of China. He testified that he was beaten, arrested, jailed, and denied food, water, sleep, and medical care because he tried to stop the police from forcing his wife to have an abortion. The... Read More

SEC Says Immigration Program Offering Path to U.S. Citizenship Used to Defraud 250 Investors
Posted on 16 Feb 2013 by Thomas O. Gorman

A path to U.S. citizenship premised on an immigration program crafted to help create jobs, and surrounded with misrepresentations and false documents was the lure used by Anshoo Seithi and his controlled entities to defraud 250 investors of millions of... Read More

Podcast: Steve Yale-Loehr on EB-5 China Retrogression
Posted on 21 Jun 2014 by Daniel M. Kowalski

Steve Yale-Loehr , co-author of LexisNexis' 21-Volume 'Bible' of immigration law that has been cited in over 450 federal court decisions in cases from across the U.S. circuit courts of appeals, federal district courts, and the U.S. Supreme... Read More

EB-2 Retrogression – Don’t send our best and brightest Indian and Chinese Master’s and Ph.D. professionals home
Posted on 21 Mar 2012 by Daniel M. Kowalski

"Top Chinese and Indian scientists, engineers, doctors and mathematicians are going to find the U.S. welcome mat pulled further away from their feet. Recent Department of State projections indicate the line for persons born in China or India... Read More

Two New AAO I-601 Hardship Waiver Victories
Posted on 16 Nov 2017 by Daniel M. Kowalski

Alan Lee writes : "The law firm won two recent non-precedential decisions at the U.S.C.I.S. Administrative Appeals Office which sided with us in our appeals of I-601 denials. An I-601 approval is required to waive grounds of inadmissibility, which... Read More

Tags: lee , waiver , AAO , hardship , China

News Excerpts From the March 15 Bender's Immigration Bulletin
Posted on 4 Mar 2013 by LexisNexis Immigration Law Community Staff

EOIR Releases Statistics for FY2012 The Executive Office for Immigration Review has released its statistical yearbook for fiscal 2012. As expected, the backlog of cases before EOIR continued to grow, with 326,255 pending proceedings before immigration... Read More