Immigration Law

Recent Posts

U Adjustment Medical Exam Class Action
Posted on 26 Jan 2023 by Daniel M. Kowalski

Matt Adams writes: "Last month NWIRP and the Alaska Immigration Justice Project filed a class action challenging the USCIS policy requiring U visa applicants for adjustment of status to file a medical exam, form I-693, even though they are not subject... Read More

AAO U Visa Remand - Perjury by Disbarred Attorney
Posted on 11 Jan 2023 by Daniel M. Kowalski

Attorney Michael M. Shabani obtained this Dec. 16, 2022 AAO victory for his U visa client based on being the victim of the crime of perjury by disbarred attorney Douglas Howard Cooner. See , Cooner v. State , 272 So. 3d 206 (Ala. Crim. App. 2018) . ... Read More

Tags: AAO , U visa , perjury

Texas Sheriff Certifies Migrants Flown to Martha's Vineyard as Crime Victims
Posted on 14 Oct 2022 by Daniel M. Kowalski

JAMES BARRAGÁN, Texas Tribune, OCT. 13, 2022 "Bexar County Sheriff Javier Salazar on Thursday certified that 49 migrants who were flown to Martha’s Vineyard by Florida Gov. Ron DeSantis last month were victims of a crime. The move... Read More

Tags: U visa , DeSantis , Texas

CA6 on U Visa Waitlisting: Barrios Garcia v. DHS
Posted on 10 Feb 2022 by Daniel M. Kowalski

Barrios Garcia v. DHS "Edmer Eudulio Barrios Garcia, Doublas Arguijo, Ardiles Yasdami Mendez Mendez, and Sudhaben Pankajkumar Patel are noncitizens. They were victims of grave crimes; they cooperated with law enforcement. They applied for U visas... Read More

CA4 on Abuse of Discretion, Continuances: Garcia Cabrera v. Garland
Posted on 7 Jan 2022 by Daniel M. Kowalski

Garcia Cabrera v. Garland "This petition arises out of an immigration judge’s (IJ) refusal (affirmed by the Board of Immigration Appeals (BIA)) to continue the deportation proceedings of a movant that the IJ himself recognized was likely... Read More

Certain Petitioners for U Nonimmigrant Status May Receive a Refund for Applications for Employment Authorization Submitted Before Sept. 30, 2021
Posted on 22 Nov 2021 by Daniel M. Kowalski

USCIS, Nov. 22, 2021 "USCIS mistakenly rejected certain applications for employment authorization ( Form I-765, Application for Employment Authorization ) from petitioners for U nonimmigrant status that were filed without a fee (or request for... Read More

AAO U VIsa Victory
Posted on 8 Nov 2021 by Daniel M. Kowalski

AAO, Oct. 28, 2021 "The Director of the Nebraska Service Center denied the Form I-918, Petition for U Nonimmigrant Status (U petition), concluding that the Petitioner did not establish that she was the victim of a qualifying crime. The matter is... Read More

Tags: AAO , U visa

Massive U Visa and APA Victory: Barrios Garcia v. DHS (CA6)
Posted on 14 Sep 2021 by Daniel M. Kowalski

Barrios Garcia v. DHS "Plaintiffs have sufficiently alleged that USCIS has unreasonably delayed the adjudication of their U-visa applications. Because the BFD process was issued after Plaintiffs’ complaints were filed, Plaintiffs should be... Read More

Tags: U visa

Unpub. CA5 U Visa Remand Victory: Espinal-Lagos v. Garland
Posted on 26 Aug 2021 by Daniel M. Kowalski

Espinal-Lagos v. Garland "Kevelin Danery Espinal-Lagos and her two minor sons were ordered removed to Honduras by an Immigration Judge. While their appeal was pending before the Board of Immigration Appeals, the petitioners filed derivative U visa... Read More

Tags: U visa

USCIS Policy Memo: Bona Fide Determination Process for Victims of Qualifying Crimes, and Employment Authorization and Deferred Action for Certain Petitioners
Posted on 14 Jun 2021 by Daniel M. Kowalski

USCIS, June 14, 2021 "U.S. Citizenship and Immigration Services (USCIS) is publishing guidance in the USCIS Policy Manual on employment authorization and deferred action for principal petitioners for U nonimmigrant status and qualifying family... Read More

CA1 on U Visa Waitlist: Granados Benitez v. Wilkinson
Posted on 29 Jan 2021 by Daniel M. Kowalski

Granados Benitez v. Wilkinson "Petitioner Carlos Antonio Granados Benitez seeks review of the Board of Immigration Appeals' ("BIA" or "Board") denial of his motion to reopen his removal proceedings and to remand to the immigration... Read More

Tags: U visa

CA9 (En Banc) on U Visas: Medina Tovar v. Zuchowski
Posted on 3 Dec 2020 by Daniel M. Kowalski

Medina Tova v. Zuchowski "On de novo review, Herrera v. USCIS, 571 F.3d 881, 885 (9th Cir. 2009), we hold that 8 C.F.R. § 214.14(f)(4) is not a permissible interpretation of the governing statute insofar as it requires that spouses be married... Read More

Tags: U visa

Lawsuit Challenges Harmful ICE Policies Which Put Victims of Crime at Higher Risk of Removal
Posted on 14 Feb 2020 by Daniel M. Kowalski

ASISTA, Feb. 13, 2020 "Changes to Immigration and Customs Enforcement (ICE) policy were announced August 2, 2019 that create significant additional barriers for victims of crime who cooperate with law enforcement in the investigation and prosecution... Read More

Tags: U visa , lawsuit , ICE

CA7 Scorches BIA: Baez-Sanchez II
Posted on 24 Jan 2020 by Daniel M. Kowalski

Baez-Sanchez v. Barr "On [a previous] petition for review, we held that 8 C.F.R. §1003.10(a) permits immigration judges to exercise all of the Attorney General’s powers, except those expressly reserved by some other regulation. Baez... Read More

Tags: U visa

CA9 on APA, U Visas: Perez Perez v. Wolf
Posted on 22 Nov 2019 by Daniel M. Kowalski

Perez Perez v. Wolf "Pedro Tomas Perez Perez brought suit in the district court under the Administrative Procedure Act (“APA”), challenging the denial of his U visa petition by the United States Citizenship and Immigration Service ... Read More

Tags: APA , U visa