Immigration Law

Recent Posts

New Asylum Office "China Initiative" Questions
Posted on 15 Feb 2022 by Daniel M. Kowalski

MacArthur Fellow Margaret D. Stock (the founder of MAVNI) writes: "This is a new set of questions that the Asylum Officers are now asking Chinese asylum applicants who have studied in STEM fields in the US (which is practically everyone, as I think... Read More

Tags: mavni , China , asylum

CA3 on Persecution, China: Liang v. Atty. Gen.
Posted on 12 Oct 2021 by Daniel M. Kowalski

Liang v. Atty. Gen. "Divide and conquer is a good military strategy but a bad judicial one. Judges must consider how related facts weave together into a narrative. Chinese officials caught Cha Liang practicing his faith, so they beat, jailed, and... Read More

Prof. Anming Hu Acquitted: Major DOJ "China Initiative" Humiliation
Posted on 13 Sep 2021 by Daniel M. Kowalski

US v. Hu "This matter is before the Court on defendant’s motion for a judgment of acquittal, pursuant to Federal Rule of Criminal Procedure 29 [Doc. 116, pp. 80–81], a written supplement thereto [Doc. 104; Doc. 116, pp. 272–73... Read More

Tags: China

DOJ's China Initiative v. AASF: A Political Awakening
Posted on 16 Aug 2021 by Daniel M. Kowalski

Karin Fischer, latitude(s), Aug. 16, 2021 "The China Initiative, the Justice Department’s sweeping investigation of economic and academic espionage, has spawned new activism and advocacy among Chinese and Chinese-American professors, who... Read More

DOS Updates Reciprocity Schedule re B Visas for CCP Members
Posted on 3 Dec 2020 by Daniel M. Kowalski

Department of State, Reciprocity Schedule, China Footnote 4: "B1, B2, and B1/B2 visas for Chinese Communist Party members, their spouses, and children under the age of 21 will be limited to one month, single entry." Read More

Pompeo Tightens Visa Rules for Chinese Communist Party Members
Posted on 3 Dec 2020 by Daniel M. Kowalski

Jennifer Hansler and Nicole Gaouette, CNN, December 3, 2020 "The State Department is imposing new restrictions on travel visas to the United States for members of the Chinese Communist Party, a State Department spokesperson confirmed Thursday... Read More

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