Immigration Law

Recent Posts

DOL Expands Visa Protection for Trafficking Victims
Posted on 4 Apr 2015 by Daniel M. Kowalski

"U.S. Secretary of Labor Thomas E. Perez today announced that the labor department's Wage and Hour Division will begin to exercise its authority to certify applications for trafficking victims seeking "T" visas. The division will also... Read More

Unpub. BIA on U Visa, 'Admission' - Matter of Garnica Silva
Posted on 27 Jul 2017 by Daniel M. Kowalski

Matter of Garnica Silva, A098 269 615 (BIA June 29, 2017, unpublished) - "[A]n alien granted U nonimmigrant status through stateside processing has been "admitted" to the United States as a lawful temporary resident, even if he never made... Read More

Consular Processing for Overseas Derivative T and U Nonimmigrant Status Family Members: Q&A
Posted on 9 Apr 2012 by Daniel M. Kowalski

"USCIS provides immigration relief to victims of various crimes—including domestic violence and human trafficking—by granting one of two forms of relief: T nonimmigrant status and U nonimmigrant status . Principal victims granted... Read More

USCIS Interim Memo for Comment: Age-Out Protection for Derivative U Nonimmigrant Status Holders
Posted on 13 Dec 2012 by Daniel M. Kowalski

"This policy memorandum (PM) provides guidance relating to certain U-3 derivative nonimmigrant petitions that are being held for final adjudication or have had their prior approvals limited in time due to the derivative aging-out. This PM also authorizes... Read More

Matter of Khan, 26 I&N Dec. 797 (BIA 2016)
Posted on 9 Sep 2016 by Daniel M. Kowalski

Matter of Khan, 26 I&N Dec. 797 (BIA 2016) - Immigration Judges do not have authority to adjudicate a request for a waiver of inadmissibility under section 212(d)(3)(A)(ii) of the Immigration and Nationality Act, 8 U.S.C. § 1182(d)(3)(A)(ii)... Read More

Tags: waiver , bia , khan , U visa

U Visa Updates from ILRC
Posted on 26 May 2012 by Daniel M. Kowalski

USCIS Q&A Notes from 2012 Memphis FBA Conference These notes were taken at the May 18-19, 2012 conference and contain lots of important practice questions, updates and filing tips for U visa cases. USCIS... Read More

Tags: ilrc , U visa

CA9 on Due Process, U Visas, Crimmigration - USA v. Cisneros-Rodriguez
Posted on 24 Dec 2015 by Daniel M. Kowalski

USA v. Cisneros-Rodriguez, Dec. 23, 2015 - "Xochitl Cisneros-Rodriguez (“Cisneros”), an undocumented alien, was convicted in 2009 of violating California narcotics laws and was subsequently placed in administrative removal proceedings... Read More

AAO U Visa Victory: Texas Robbery a Qualifying Crime
Posted on 29 Jan 2015 by Daniel M. Kowalski

"The evidence in the record establishes that the nature and elements of the criminal offense of which the petitioner was a victim, robbery, are substantially similar to felonious assault under section 101(a)(15)(U)(iii) of the Act. Accordingly, the... Read More

CA5 Remands over U Visa Discovery: Cazorla v. Koch Foods
Posted on 30 Sep 2016 by Daniel M. Kowalski

Cazorla v. Koch Foods, Sept. 27, 2016 - "Rather than impose an order of our own, we remand to the district court to devise an approach to U visa discovery that adequately protects the diverse and competing interests at stake. Our discussion indicates... Read More

CA7: IJs Have U Visa Waiver Authority - L.D.G. v. Holder
Posted on 13 Mar 2014 by Daniel M. Kowalski

"In the absence of a clear indication by Congress to the contrary, we find that section 1182(d)(14) and section 1182(d)(3)(A) waivers can and do coexist, and that the IJ has jurisdiction to grant a waiver of inadmissibility to a U Visa applicant... Read More

AAO U Visa Victory
Posted on 4 Sep 2012 by Daniel M. Kowalski

"Upon reconsideration, the AAO concludes that the petitioner has met her burden of demonstrating that she was the victim of substantial abuse. Specifically, our prior decision failed to acknowledge that although the individual acts to which the petitioner... Read More

Tags: AAO , U visa , abuse

NYC to Provide U and T Visa Certifications
Posted on 10 Feb 2016 by Daniel M. Kowalski

Office of the Mayor, NYC, Feb. 9, 2016 - "Today Mayor Bill de Blasio and Commissioner and Chair of the New York City Commission on Human Rights Carmelyn P. Malalis announced that CCHR is now accepting requests for U and T visa certifications, making... Read More

U Visa Consular Processing Webinar
Posted on 14 Nov 2012 by Daniel M. Kowalski

Monday, November 19, 2012 1:00 PM - 2:30 PM EST "ASISTA Co-Director, Sonia Parras Konrad, and ASISTA Staff Attorney, Hisham Leil will provide information and share strategies for how to address issues when presenting U visas for processing abroad... Read More

DOL to Expand Support for Trafficking Victims Seeking T, U Visas
Posted on 22 Nov 2014 by Daniel M. Kowalski

"In early 2015, the Wage and Hour Division (WHD) of the Department of Labor will begin exercising its authority to certify applications for trafficking victims seeking T visas. In addition, WHD will expand its existing U visa program by certifying... Read More

CISOMB U Visa Parole Recommendation
Posted on 21 Jun 2016 by Daniel M. Kowalski

USCIS Ombudsman, June 16, 2016 - "Ombudsman Recommendation on Parole for Eligible U Visa Principal and Derivative Petitioners Residing Abroad The Ombudsman recommends that USCIS develop a parole policy to benefit eligible U principals and beneficiaries... Read More