Immigration Law

Recent Posts

Class Action Lawsuit Challenges Asylum Work Permit Policies: Garcia Perez v. USCIS
Posted on 9 Jun 2022 by Daniel M. Kowalski

NILA, NWIRP, June 9, 2022 "Today, five asylum applicants filed a national class action lawsuit against U.S. Citizenship and Immigration Services (USCIS) and the Executive Office for Immigration Review (EOIR) challenging policies and practices that... Read More

Groups File Complaint Against Houston Asylum Office
Posted on 27 Apr 2022 by Daniel M. Kowalski

NIPNLG, SPLC et al., Apr. 27, 2022 - Systemic Deficiencies at the Houston Asylum Office in Assessments of Credible and Reasonable Fear Cause Harm and Irreversible Damage to Asylum Seekers "We, the undersigned organizations, jointly file this complaint... Read More

Tags: Houston , USCIS , asylum

USCIS Extends Asylum Interview Interpreter Rule
Posted on 15 Mar 2022 by Daniel M. Kowalski

USCIS: "On March 15, 2022, USCIS published another extension to the temporary final rule (TFR) that requires certain asylum applicants to use our contract telephonic interpreters instead of bringing their own interpreters to their affirmative asylum... Read More

Tags: USCIS , asylum

USCIS Revised Guidance on Informal ("Camp") Marriages (Feb. 14, 2022)
Posted on 15 Feb 2022 by Daniel M. Kowalski

USCIS, Feb. 14, 2022 "As of the date of this memorandum, RAIO is rescinding marriage guidance previously issued by RAIO divisions: "Guidance for the treatment of refugee cases that include an informal marriage to an RE-2 derivative spouse... Read More

RAIO/AILA Meeting Notes (Jan. 5, 2022)
Posted on 3 Feb 2022 by Daniel M. Kowalski

USCIS, Jan. 5, 2022 "On Wednesday, Jan. 5, 2022, the USCIS Public Engagement Division (PED) hosted a virtual meeting with the Asylum & Refugee Committee of the American Immigration Lawyers Association (AILA) and the Refugee, Asylum, and International... Read More

Tags: refugees , aila , USCIS , asylum , raio

EOIR/USCIS Security Bars Rule; Further Delay of Effective Date
Posted on 27 Dec 2021 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 12/28/2021 "On December 23, 2020, the Department of Homeland Security (“DHS”) and the Department of Justice (“DOJ”) (collectively, “the Departments”... Read More

USCIS Reverts to Previous Criteria for Interviewing Petitioners Requesting Derivative Refugee and Asylee Status for Family Members
Posted on 13 Dec 2021 by Daniel M. Kowalski

USCIS, Dec. 10, 2021 "USCIS is rescinding a November 2020 policy memorandum requiring interviews of all petitioners filing Form I-730, Refugee/Asylee Relative Petition . Effective immediately, USCIS will return to its prior long-standing practice... Read More

Tags: refugees , USCIS , asylum

USCIS Again Extends Temporary Final Rule Providing Interpreters at Asylum Interviews
Posted on 16 Sep 2021 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 09/17/2021 "The Department of Homeland Security (DHS) is extending for a second time the effective date (for 180 days) of its temporary final rule that modified certain regulatory... Read More

Advance Copy of Proposed Rule: Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers
Posted on 18 Aug 2021 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 08/20/2021. "The Department of Justice (“DOJ”) and the Department of Homeland Security (“DHS”) (collectively, “the Departments”) are proposing... Read More

Will There Be Justice For Zee?
Posted on 16 Jun 2021 by Daniel M. Kowalski

Randy Evans, June 16, 2021 "Zalmay Niazy, now in his 30s, is not just another of the countless foreign-born people who dream of living, working and raising families in the United States. He is a native of Afghanistan and served our nation during... Read More

Advance Copy: Asylum Interview Interpreter Requirement Modification Due to COVID-19
Posted on 19 Mar 2021 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 03/22/2021 "The Department of Homeland Security (DHS) is extending the effective date (for 180 days) of its temporary final rule which modified certain regulatory requirements... Read More

Mendez Rojas Settlement Agreement: Updated Asylum Filing Procedures
Posted on 26 Jan 2021 by Daniel M. Kowalski

USCIS, Jan. 26, 2021 " On Nov. 4, 2020, the U.S. District Court for the Western District of Washington held a fairness hearing on the Mendez Rojas settlement agreement and approved the final settlement agreement. In accordance with the agreement... Read More

Tags: USCIS , asylum

Court Blocks "Monster" Asylum Rule: Pangea v. DHS
Posted on 9 Jan 2021 by Daniel M. Kowalski

Pangea v. DHS "Defendants the United States Department of Homeland Security (DHS); Pete Gaynor, in his official capacity, if any, as Acting Secretary of DHS; Chad F. Wolf, in his official capacity, if any, as Acting Secretary of DHS; the United... Read More

Tags: cbp , wolf , eoir , USCIS , DHS , ICE , asylum

USCIS Policy Memo: Expanding Interviews to Refugee/Asylee Relative Petitions
Posted on 1 Dec 2020 by Daniel M. Kowalski

USCIS, Nov. 18, 2020 "Purpose: This Policy Memorandum (PM) directs the phased expansion of in-person interviews for refugee/asylee relative petitions (Form I-730, Refugee/Asylee Relative Petition), to ultimately include petitioners in addition... Read More

Tags: refugees , USCIS , asylum

Court Strikes Down USCIS Credible Fear Lesson Plan, Orders New Determinations
Posted on 9 Nov 2020 by Daniel M. Kowalski

Kiakombua v. Wolf "Plaintiffs’ motion for summary judgment will be GRANTED with respect to their first claim for relief, and Defendant’s cross-motion for summary judgment will be DENIED. Furthermore, the Lesson Plan will be VACATED... Read More