Immigration Law

Recent Posts

USCIS Cites to 1911 'Cruel Injustice' Case to Support Public Charge Rule
Posted on 20 Aug 2019 by Daniel M. Kowalski

David Isaacson, Aug. 20, 2019 “An Act of Cruel Injustice”: If the Trump Administration is Relying on Grudging Court Acceptance of Cruel Results as Support for the New Public Charge Rule, What Does That Say About the Rule? ... Read More

New USCIS EAD Policy for Parolees (Aug. 19, 2019)
Posted on 19 Aug 2019 by Daniel M. Kowalski

USCIS, Aug. 19, 2019, PA-2019-04 "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address USCIS’ discretion to grant employment authorization to foreign nationals paroled into the... Read More

Tags: ead , parole , USCIS

California Counties File First Lawsuit Over Trump's 'Public Charge' Rule
Posted on 14 Aug 2019 by Daniel M. Kowalski

Chris Mills Rodrigo, The Hill, Aug. 13, 2019 "Two California counties on Tuesday filed the first lawsuit against the Trump administration's new "public charge" rule that allows the government to deny entry or green cards to immigrants... Read More

USCIS Public Charge Final Rule (Aug. 14, 2019)
Posted on 14 Aug 2019 by Daniel M. Kowalski

Federal Register / Vol. 84, No. 157 / Wednesday, August 14, 2019 "This final rule amends DHS regulations by prescribing how DHS will determine whether an alien applying for admission or adjustment of status is inadmissible to the United States... Read More

Expert: New 'Public Charge' Rule Likely to Mean More Green Cards Denied
Posted on 13 Aug 2019 by Daniel M. Kowalski

Tessa Berenson, Brian Bennett, Time Magazine, Aug. 13, 2019 "Immigration groups vowed to fight a Trump Administration plan to deny green cards to applicants who use Medicaid, food stamps and other forms of public assistance, as experts warned the... Read More

Advance Copy of USCIS 'Public Charge' Final Rule
Posted on 12 Aug 2019 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 08/14/2019 "This final rule amends DHS regulations by prescribing how DHS will determine whether an alien applying for admission or adjustment of status is inadmissible to the... Read More

USCIS to Close 16 International Offices
Posted on 12 Aug 2019 by Daniel M. Kowalski

USCIS, Aug. 9, 2019 "U.S. Citizenship and Immigration Services (USCIS) announced today plans to maintain operations at its international field offices in Beijing and Guangzhou, China; Nairobi, Kenya; and New Delhi, India. Previously, Acting Director... Read More

Tags: USCIS

Big H-1B Defeat for USCIS: RELX v. Baran
Posted on 6 Aug 2019 by Daniel M. Kowalski

RELX (LexisNexis) v. Baran "In short, the LexisNexis position was a distinct occupation which required a specialized course of study, notwithstanding the fact that the study included several specialized fields. Ms. Chatterjee completed that specialized... Read More

Tags: H-1B , USCIS

USCIS to End Certain Categorical Parole Programs
Posted on 2 Aug 2019 by Daniel M. Kowalski

USCIS, Aug. 2, 2019 "U.S. Citizenship and Immigration Services (USCIS) today announced its intention to terminate two categorical parole programs, consistent with Executive Order (E.O.) 13767, Border Security and Immigration Enforcement Improvements... Read More

Tags: parole , USCIS

Matter of H-G-G-, Adopted Decision 2019-01 (AAO July 31, 2019)
Posted on 2 Aug 2019 by Daniel M. Kowalski

Matter of H-G-G-, Adopted Decision 2019-01 (AAO July 31, 2019) For purposes of adjustment of status under section 245 of the Act, a recipient of Temporary Protected Status (TPS) is considered as being in and maintaining lawful status as a nonimmigrant... Read More

Cuccinelli's 'Asylum and Internal Relocation Guidance' Sure to Spawn Litigation
Posted on 31 Jul 2019 by Daniel M. Kowalski

On July 26, 2019 USCIS Acting Director Ken Cuccinelli posted this guidance : "A message sent by the acting director to USCIS asylum officers regarding asylum and internal relocation guidance. Release Date: July 26, 2019 The crisis... Read More

A Call for Plaintiffs: Due Process, Immigration Judges, and Asylum Officers
Posted on 24 Jul 2019 by Daniel M. Kowalski

Due Process, Immigration Judges, and Immigration Officers , by Prof. Richard J. Pierce, Jr., July 24, 2019 "The Supreme Court has long emphasized the requirement of a neutral decision maker as a critical component of the process that is due any... Read More

USCIS Processing Delays and the Resulting Consequences to TPS Holders and their Families
Posted on 2 Jul 2019 by Daniel M. Kowalski

CLINIC Policy Brief, June 25, 2019 "CLINIC’s policy brief examines extreme processing delays at USCIS under the Trump administration and the particular consequences to TPS holders and their families. The brief questions USCIS’ methods... Read More

Tags: tps , USCIS

Court Sanctions Against USCIS Could Affect All Visa Adjudications
Posted on 26 Jun 2019 by Daniel M. Kowalski

Stuart Anderson, Forbes, June 25, 2019 "U.S. Magistrate Judge Joaquin V.E. Manibusan, Jr. has recommended to the U.S. District Court of Guam that a Motion for Contempt be granted and sanctions be ordered against U.S. Citizenship and Immigration... Read More

Tags: sanctions , Guam , H-1B , USCIS , H-2B

Waiting for Work Authorization
Posted on 25 Jun 2019 by Daniel M. Kowalski

Elizabeth Redden, Inside Higher Ed, June 25, 2019 "Colleges are seeing increases in processing times for international students applying for work authorization through the Optional Practical Training, or OPT, program, leaving some students with... Read More