Immigration Law

Recent Posts

Class Certified in A-File FOIA Lawsuit: Nightingale v. USCIS
Posted on 15 Oct 2019 by Daniel M. Kowalski

AIC, Oct. 15, 2019 "Today, a federal court in San Francisco certified two nationwide classes of immigrants and attorneys claiming that U.S. Citizenship and Immigration Services and U.S. Immigration and Customs Enforcement have a systemic pattern... Read More

Documents Reveal USCIS Policies to Restrict Visas
Posted on 23 Sep 2019 by Daniel M. Kowalski

Stuart Anderson, Forbes, Sept. 19, 2019 "New government documents reveal the increase in denials and Requests for Evidence for H-1B petitions are part of an effort by U.S. Citizenship and Immigration Services (USCIS) to achieve desired results... Read More

Tags: H-1B , FOIA , aila , USCIS

Lawsuit Challenges Systemic USCIS and ICE FOIA Delays
Posted on 20 Jun 2019 by Daniel M. Kowalski

AIC, June 19, 2019 "Under the Freedom of Information Act (FOIA), individuals must receive a determination on requests for information within a maximum of 30 days. However, individuals and attorneys who file FOIAs with the United States Citizenship... Read More

Tags: FOIA , USCIS , ICE

Immigration Agencies Communicated Prior to Arrest of Sanctuary Leader
Posted on 27 Mar 2019 by Daniel M. Kowalski

Tina Vasquez, Rewire.News, Mar. 25, 2019 "Documents obtained by Rewire.News through a Freedom of Information Act (FOIA) request show that immigration enforcement officials reached out to the federal agency tasked with naturalizations and immigration... Read More

Pro Se Attorneys Ineligible for Fee Awards Under FOIA - Gahagan v. USCIS (CA5)
Posted on 27 Dec 2018 by Daniel M. Kowalski

Gahagan v. USCIS - "The question presented is whether attorneys appearing pro se can recover fees under the Freedom of Information Act (“FOIA”). The district court held no. We affirm." Read More

Tags: fees , FOIA , USCIS , pro se

USCIS to Implement Online Processing of FOIA Requests
Posted on 30 May 2018 by Daniel M. Kowalski

USCIS, May 30, 2018 - "U.S. Citizenship and Immigration Services (USCIS) today announced the launch of our Freedom of Information Act (FOIA) Immigration Records SysTem (FIRST), which will eventually allow users to submit, manage, and receive FOIA... Read More

Tags: FOIA , USCIS

News Excerpts From the May 15, 2016, Bender’s Immigration Bulletin
Posted on 13 May 2016 by LexisNexis Legal Newsroom Staff

USCIS Finishes Data Entry for Cap-Subject H-1B FY17 Applications | USCIS announced on May 2 that it has finished data entry for cap-subject H-1B petitions. It will begin returning those not chosen in the lottery. Some petitions are being transferred... Read More

Excerpts from the June 15, 2012, Bender's Immigration Bulletin
Posted on 4 Jun 2012 by LexisNexis Immigration Law Community Staff

Centralized Filing and Adjudication for Certain Inadmissibility Waivers Beginning June 4, 2012, applicants abroad who have applied for certain visas and have been found ineligible by a U.S. consular officer can mail requests to waive certain grounds... Read More

Documents Show DHS Confirmed Real Dangers of Returning Haitians in US, Cancelled TPS Despite Conditions - NIPNLG FOIA
Posted on 18 Apr 2018 by Daniel M. Kowalski

NIPNLG, Apr. 17, 2018 - " Documents released today as a result of Freedom of Information Act litigation present new evidence in the multiple lawsuits accusing the Trump administration of racial animus and violation of required procedures in its... Read More

News Excerpts From the Aug. 15, 2016, Bender’s Immigration Bulletin
Posted on 13 Aug 2016 by LexisNexis Legal Newsroom Staff

DHS Expands Eligibility for Provisional Waivers | On July 29, 2016, the Department of Homeland Security’s U.S. Citizenship and Immigration Services issued a final rule expanding the class of noncitizens eligible to receive provisional unlawful... Read More

USCIS Agrees To Pay NY Atty $47K In Fees To End FOIA Fight
Posted on 31 May 2015 by Daniel M. Kowalski

Law360, May 29, 2015 - "U.S. Citizenship and Immigration Services has agreed to pay a New York immigration attorney more than $47,000 in attorneys' fees , ending a yearslong fight over Freedom of Information Act requests, according to a court... Read More

Asylum FOIA Victory in SF: Martins v. USCIS
Posted on 10 Jul 2013 by Daniel M. Kowalski

"Immigration officials must hand over notes asylum officers take, a federal judge ruled , finding the documents essential to quality representation in immigration proceedings. San Francisco-based immigration attorney Jeffrey Martins sued the U... Read More

Tags: notes , FOIA , martins , USCIS , asylum , beeler