Immigration Law

Recent Posts

USCIS Clarifies STEM OPT Extension Reporting Responsibilities and Training Obligations
Posted on 20 Aug 2018 by Daniel M. Kowalski

USCIS, Aug. 17, 2018 - "USCIS is updating the Optional Practical Training Extension for STEM Students (STEM OPT) page of our website to clarify the reporting responsibilities for participating in the STEM OPT program. Students and employers must... Read More

Tags: opt , USCIS , STEM

Expert: USCIS Crackdown on H-1B Visas 'Ultimately Hurts U.S. Workers'
Posted on 16 Aug 2018 by Daniel M. Kowalski

Ethan Baron, Bay Area News Group, Aug. 16, 2018 - "A crackdown on the controversial H-1B visa intended for skilled workers has struck Indian citizens harder than other foreign nationals, with federal officials hitting them with more visa denials... Read More

Groups Ask Senate for Oversight on USCIS Memos
Posted on 16 Aug 2018 by Daniel M. Kowalski

Aug. 14, 2018 letter to Senators Grassley, Feinstein - "We the undersigned representing higher and international education, business, immigration, and human rights organizations are alarmed by what appears to be a comprehensive plan of the U.S. Citizenship... Read More

USCIS, ICE Set Trap for Green Card Applicants in New England
Posted on 15 Aug 2018 by Daniel M. Kowalski

ACLU, Aug. 14, 2018 - "Recently unsealed documents and depositions show the United States Department of Homeland Security (DHS) uses its own regulations – which were designed to protect the families of noncitizens from unnecessary separation... Read More

Tags: USCIS , ICE , Green Card

Cyrus D. Mehta: USCIS Finalizes Unlawful Presence Policy Putting F, J And M Nonimmigrants In Great Jeopardy
Posted on 14 Aug 2018 by Daniel M. Kowalski

Cyrus D. Mehta, Aug. 13, 2018 - "The USCIS finalized its unlawful presence policy for F, J and M nonimmigrants on August 9, 2018. The final policy makes no significant changes from the draft policy of May 10, 2018. My earlier blog noted the flaws... Read More

Court Orders USCIS to Timely Adjudicate Initial Asylum EAD Requests: Gonzalez Rosario v. USCIS
Posted on 9 Aug 2018 by Daniel M. Kowalski

Gonzalez-Rosario v. USCIS - "Plaintiffs’ motion for summary judgment is GRANTED and Defendants’ cross-motion for summary judgment is DENIED. (Order (Dkt. # 127).) The court FINDS that Defendants are in violation of 8 C.F.R. § 208... Read More

Tags: ead , USCIS , asylum

Angelo A. Paparelli on FDNS, California and Immigration Enforcement
Posted on 7 Aug 2018 by Daniel M. Kowalski

Angelo A. Paparelli, Aug. 7, 2018 - California Can Revive the Immigrant Worker Protection Act by Challenging the Authority of U.S. Citizenship and Immigration Services’ “FDNS” Enforcement Officers "The State of California won... Read More

Tags: paparelli , fdns , Fraud , USCIS

Habeas Victory in New Jersey: Martinez v. Nielsen
Posted on 8 Aug 2018 by Daniel M. Kowalski

Martinez v. Nielsen - "Mr. and Ms. Martinez began the provisional waiver process in 2016. USCIS scheduled them for an interview on their I-130 application to confirm the bona fides of their marriage. On April 27, 2018, together with their lawyer... Read More

Tags: Martinez , USCIS , ICE , habeas

CADC on Domestic Renunciation of Citizenship: Kaufman v. Nielsen
Posted on 21 Jul 2018 by Daniel M. Kowalski

Kaufman v. Nielsen - "James Kaufman has tried to renounce his U.S. citizenship for more than a decade. In 2014, a field office of U.S. Citizenship and Immigration Services (USCIS) denied Kaufman’s renunciation request, claiming that he lacked... Read More

Implementation of USCIS NTA Policy Postponed
Posted on 31 Jul 2018 by Daniel M. Kowalski

USCIS, July 30, 2018 - "Policy Memorandum 602-0050.1, Updated Guidance for the Referral of Cases and Issuances of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens, was issued on June 28, 2018 and instructed USCIS components... Read More

New USCIS Memo Threatens Asylum Seekers at Border (July 11, 2018)
Posted on 12 Jul 2018 by Daniel M. Kowalski

USCIS, July 11, 2018 - "Guidance for Processing Reasonable Fear, Credible Fear, Asylum, and Refugee Claims in Accordance with Matter of A-B-" Read More

New USCIS NTA Policy 'Malicious, Counterproductive' - David Isaacson
Posted on 11 Jul 2018 by Daniel M. Kowalski

David Isaacson, July 10, 2018 - "In a November 2017 article, the Washington Post described “How Trump is building a border wall that no one can see” : how the Trump Administration was, “in a systematic and less visible way, his... Read More

Two New USCIS Policy Memos re Issuance of Notices to Appear (June 28, 2018)
Posted on 6 Jul 2018 by Daniel M. Kowalski

PM-602-0050.1 - "This Policy Memorandum (PM) outlines how U.S. Citizenship and Immigration Services’ (USCIS) Notice to Appear (NTA) and referral policies implement the Department of Homeland Security’s (DHS) removal priorities, including... Read More

CADC on Domestic Renunciation of Citizenship: Kaufman v. Nielsen
Posted on 21 Jul 2018 by Daniel M. Kowalski

Kaufman v. Nielsen - "James Kaufman has tried to renounce his U.S. citizenship for more than a decade. In 2014, a field office of U.S. Citizenship and Immigration Services (USCIS) denied Kaufman’s renunciation request, claiming that he lacked... Read More

Heightened Ethical and Strategic Considerations for Business Immigration Attorneys Under USCIS’s New Removal Policy - Cyrus D. Mehta
Posted on 17 Jul 2018 by Daniel M. Kowalski

Cyrus D. Mehta, July 16, 2018 - "U.S. Citizenship and Immigration Services (USCIS) issued updated policy guidance on July 5, 2018, PM-602-0050.1 , that aligns its policy for issuing Form I-862, Notice to Appear, with the immigration enforcement priorities... Read More