Immigration Law

Recent Posts

USCIS Form and Policy Updates Remove Barriers to Naturalization for Applicants with Disabilities
Posted on 19 Oct 2022 by Daniel M. Kowalski

USCIS, Oct. 19, 2022 "U.S. Citizenship and Immigration Services (USCIS) today announced updated policy guidance to clarify and conform with the revision of Form N-648, Medical Certification for Disability Exceptions . Consistent with this administration’s... Read More

GAO on Military Naturalizations
Posted on 15 Sep 2022 by Daniel M. Kowalski

GAO, Sept. 14, 2022 "Noncitizens have a long history of serving in the military. Over 100,000 noncitizens joined the military from fiscal years 2010 through 2021. The Immigration and Nationality Act authorizes the expedited naturalization of current... Read More

AILA MAP Victory: USCIS Updates Interpretation of “Under Honorable Conditions” for Military Naturalization
Posted on 2 Aug 2022 by Daniel M. Kowalski

USCIS, Aug. 2, 2022 "U.S. Citizenship and Immigration Services is publishing an update to its Policy Manual to clarify that a current or former service member who received an uncharacterized discharge may be eligible for naturalization under sections... Read More

Letter to Biden: Fix Military Naturalization Now!
Posted on 29 Jun 2022 by Daniel M. Kowalski

ACLU, June 28, 2022 "We write to express our concerns about Department of Defense practices that continue to frustrate the expedited naturalization of immigrants currently serving in the U.S. military. We ask for your assistance to ensure the Defense... Read More

Lawsuit Challenges Naturalization Delays: Carter v. USCIS
Posted on 25 May 2022 by Daniel M. Kowalski

American Immigration Council, May 25, 2022 " This lawsuit , filed on behalf of U.S. citizenship applicants whose naturalization petitions have been pending, challenges U.S. Citizenship and Immigration Services’ (USCIS) unreasonable delay... Read More

Under Legal Pressure, Navy Resumes Sec. 329 Expedited Natz
Posted on 31 Mar 2022 by Daniel M. Kowalski

[As Margaret Stock notes, this is due more to the Samma litigation than to executive action.] Brandie Nix, DVIDS, Mar. 29, 2022 "For the first time since 2017, Recruit Training Command (RTC) held a naturalization ceremony March 17, in which 25... Read More

Another MAVNI Victory: Miriyeva v. USCIS
Posted on 22 Mar 2022 by Daniel M. Kowalski

Miriyeva v. USCIS "Plaintiff filed this action under 8 U.S.C. § 1421(c) seeking judicial review of USCIS’s determination that she is ineligible to naturalize based on her “uncharacterized” discharge. ... Plaintiff plausibly... Read More

MAVNI Victory in Minn. - Alam v. USCIS
Posted on 21 Mar 2022 by Daniel M. Kowalski

Alam v. USCIS "Alam enlisted in the United States Army through MAVNI — a program to provide an expedited path to citizenship for immigrant soldiers with specialized skills. The Army discharged Alam from service for medical reasons and gave... Read More

Study: The Importance of Race, Gender and Religion in Natz Adjudications
Posted on 25 Feb 2022 by Daniel M. Kowalski

Emily Ryo, Reed Humphrey, PNAS, March 2022 "This study examines group disparities in naturalization approvals by race/ethnicity, gender, and religion. We find that all else being equal, non-White applicants and Hispanic applicants are less likely... Read More

USCIS Oath of Allegiance Policy Memo
Posted on 19 Nov 2021 by Daniel M. Kowalski

USCIS, Nov. 19, 2021 - Demonstrating Eligibility for Modification under Section 337 of the Immigration and Nationality Act "During the naturalization interview, an applicant signs the naturalization application to acknowledge the applicant’s... Read More

USCIS Policy Alert: Clarifying Guidance on Military Service Members and Naturalization
Posted on 13 Nov 2021 by Daniel M. Kowalski

USCIS, Nov. 12, 2021 "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to provide clarifications regarding certain naturalization applications filed by current or former members of the U.S... Read More

Natz. Victory Slams Matter of Zhang: Melara v. Mayorkas
Posted on 29 Oct 2021 by Daniel M. Kowalski

Melara v. Mayorkas "Matter of Zhang, 27 I&N Dec. 569 (BIA 2019) is not entitled to deference by this Court because it is a dramatic break with past agency interpretation, is in conflict with the Department of State’s current interpretation... Read More

Making Citizenship an Organizing Principle of the US Immigration System
Posted on 9 Aug 2021 by Daniel M. Kowalski

Donald Kerwin, Robert Warren, Charles Wheeler, June 2, 2021 "This paper proposes that the United States treat naturalization not as the culmination of a long and uncertain individual process, but as an organizing principle of the US immigration... Read More

USCIS Releases Interagency Strategy for Promoting Naturalization
Posted on 2 Jul 2021 by Daniel M. Kowalski

USCIS, July 2, 2021 "Today the Department of Homeland Security’s U.S. Citizenship and Immigration Services released the Interagency Strategy for Promoting Naturalization (PDF, 3.77 MB) , a whole-of-government approach to breaking down barriers... Read More

CA5 Denaturalizes Former Salvadoran Military Officer: USA v. Vasquez
Posted on 11 Jun 2021 by Daniel M. Kowalski

USA v. Vasquez "Arnoldo Antonio Vasquez, a former Salvadorian military officer, is now a naturalized American citizen. Based on his role in extrajudicial killings and a subsequent cover-up occurring during armed conflict in El Salvador, the government... Read More