Immigration Law

Recent Posts

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

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

USCIS Recommendation to Terminate TPS for Haiti (Apr. 10, 2017)
Posted on 21 Apr 2017 by Daniel M. Kowalski

In a memo dated Apr. 10, 2017 , USCIS Acting Director James W. McCament recommended to DHS Secretary Kelly that Temporary Protected Status ("TPS") for certain Haitians be terminated, effective Jan. 22, 2018: "...USCIS has concluded that... Read More

Tags: Haiti , tps , kelly , USCIS , DHS , memo , mccament

DHS Clarifies Immigration Benefits for Family Members of Selected Reserve and Veterans
Posted on 5 Dec 2013 by Daniel M. Kowalski

"On November 15, 2013, United States Citizenship & Immigration Services (USCIS), the United States Department of Homeland Security (DHS) sub-agency that administers immigration benefits, announced a new national “parole in place”... Read More

Cyrus D. Mehta on USCIS' Unlawful Presence Policy Memo
Posted on 12 May 2018 by Daniel M. Kowalski

Cyrus D. Mehta, May 12, 2018 - "U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum on May 10, 2018, “ Accrual of Unlawful Presence and F, J, and M Nonimmigrants .” The memo abruptly revises previous policy guidance... Read More

Updated USCIS interpretation of Cuban citizenship law for purposes of the Cuban Adjustment Act
Posted on 21 Dec 2017 by Daniel M. Kowalski

USCIS, Nov. 21, 2017 (web posted by agency 12-21-17) - "This Policy Memorandum rescinds Matter of Vazquez as an Adopted Decision in accordance with the reasoning contained in this memorandum. Matter of Buschini remains overruled and inoperative,... Read More

New USCIS DRAFT Policy Memo Takes Harder Line on Accrual of Unlawful Presence for Fs, Js and Ms (May 11, 2018)
Posted on 11 May 2018 by Daniel M. Kowalski

USCIS, May 11, 2018 - "U.S. Citizenship and Immigration Services (USCIS) today posted a [DRAFT] policy memorandum changing how the agency will calculate unlawful presence for students and exchange visitors in F, J, and M nonimmigrant status, including... Read More

USCIS Policy Memo: The Role and Use of Interpreters in Domestic Field Office Interviews (Jan. 17, 2017)
Posted on 19 Jan 2017 by Daniel M. Kowalski

USCIS, Jan. 17, 2017 - "To advance consistent standards for interpretation in interviews conducted by U.S. Citizenship and Immigration Services (USCIS), this Policy Memorandum (PM) provides guidance regarding the role and use of interpreters in certain... Read More

USCIS Memo: Changes to Case Categories Requiring Asylum HQ Review
Posted on 30 Jan 2014 by Daniel M. Kowalski

"The Asylum Division is revising the categories of affirmative asylum cases that require Headquarters (HQ) review, effective immediately." - USCIS, Jan. 27, 2014 . Read More

USCIS Interim Memo: Hague Convention, Residence
Posted on 3 Jan 2014 by Daniel M. Kowalski

Criteria for Determining Habitual Residence in the United States for Children from Hague Convention Countries "This policy memorandum (PM) clarifies the criteria to follow in determining whether or not the Convention on Protection of Children... Read More

Tags: residence , USCIS , hague , memo

USCIS Interim Memo for Comment - VAWA amendments to the Cuban Adjustment Act: Continued Eligibility for Abused Spouses and Children
Posted on 19 Jun 2015 by Daniel M. Kowalski

"This policy memorandum (PM) provides guidance to U.S. Citizenship and Immigration Services (USCIS) officers regarding the Violence Against Women Act (VAWA) amendments to the Cuban Adjustment Act (CAA). The amendments provide for continued eligibility... Read More

Tags: CAA , cuban , vawa , adjustment , USCIS , memo

June 2013 USCIS H-1B Anti-Fraud Memo
Posted on 2 Jan 2014 by Daniel M. Kowalski

David E. Gluckman writes: " I filed a FOIA request with USCIS asking for a specific updated memorandum from June 2013 on H-1B Anti-Fraud measures. USCIS produced the memo , with some redactions. This may be of use to the community, as it outlines... Read More

USCIS Posts Draft Policy Memo for Comment: Determining Whether a New Job is in “the Same or a Similar Occupational Classification” for Purposes of Section 204(j) Job Portability
Posted on 22 Nov 2015 by Daniel M. Kowalski

USCIS E-Mail dated Nov. 20, 2015 to stakeholders: "USCIS has posted the following draft policy memorandum for your review: Determining Whether a New Job is in “the Same or a Similar Occupational Classification” for Purposes of Section... Read More

USCIS Policy Memo re Material Support, medical care
Posted on 25 Nov 2011 by Daniel M. Kowalski

PM-602-0052 - Implementation of New Exemption Under INA Section 212(d)(3)(B)(i) for the Provision of Material Support in the Form of Medical Care Purpose - "On October 13, 2011, following consultation with the Secretary of State and the Attorney... Read More

USCIS Draft Policy Memo for Comment: The Role and Use of Interpreters
Posted on 27 Nov 2015 by Daniel M. Kowalski

USCIS, Nov. 24, 2015 - "This Policy Memorandum (PM) provides guidance regarding the role and use of interpreters, as well as ensures the consistent use of interpreters who appear before USCIS during certain interviews conducted in domestic field... Read More