Immigration Law

Recent Posts

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

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Alan Lee writes : "The law firm won two recent non-precedential decisions at the U.S.C.I.S. Administrative Appeals Office which sided with us in our appeals of I-601 denials.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

CA9 on Asylum, China, Political Opinion: Song v. Sessions
Posted on 19 Dec 2017 by Daniel M. Kowalski

Song v. Sessions, Dec. 18, 2017 - "Xinbing Song, a Chinese citizen, petitions for review of the Immigration Judge’s (“IJ”) and Board of Immigration Appeals’s (“BIA”) denial of his application for asylum, withholding... Read More

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

News Excerpts From the April 15, 2014, Bender’s Immigration Bulletin
Posted on 3 Apr 2014 by LexisNexis Legal Newsroom Staff

USCIS Clarifies “Reason to Believe” Standard for I-601A Provisional Waivers | On March 18, 2014, USCIS sent an e-mail to stakeholders seeking to cure confusion surrounding the regulation that prohibits the granting of provisional waivers... Read More

Duane Morris LLP: February Visa Bulletin, EB-2 for China and India Moves 12 Months and Other Immigration Law Updates
Posted on 23 Jan 2012 by Duane Morris LLP

February Visa Bulletin, EB-2 for China and India Moves 12 Months The employment-based second preference category for Indian and Chinese nationals is scheduled for another significant advancement on February 1, 2012. All applicants who have priority... 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

CBP Announces Additional Details about the Electronic Visa Update System
Posted on 29 Sep 2016 by Daniel M. Kowalski

CBP, Sept. 27, 2016 -"U.S. Customs and Border Protection (CBP) announced today all People’s Republic of China passport holders carrying a 10-year visa will be required to have a valid Electronic Visa Update System (EVUS) enrollment when traveling... Read More

Tags: cbp , evus , China

CA2 on Opposition to Corruption in China as Political Opinion: Yu v. Holder
Posted on 7 Sep 2012 by Daniel M. Kowalski

"Ruqiang Yu petitions for review of a decision of the Board of Immigration Appeals that affirmed the Immigration Judge’s decision denying Yu’s application for asylum, withholding of removal, and relief under the Convention Against Torture... Read More

AAO I-601 Victory: China
Posted on 6 Oct 2013 by Daniel M. Kowalski

Alan Lee writes: " Attached is another recent I-601 win at the AAO . In this case, the qualifying relatives were the applicant's U. S. citizen wife and permanent resident parents. The portion of the field office denial relating to the case was... Read More