Immigration Law

Recent Posts

USCIS Policy Alert: Conditional Bar to Good Moral Character for Unlawful Acts
Posted on 13 Dec 2019 by Daniel M. Kowalski

USCIS, Dec. 13, 2019 "U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual on unlawful acts during the applicable statutory period that reflect adversely on moral character and may prevent an... Read More

USCIS Policy Alert: Adjustment on New Basis After Termination of Conditional Permanent Residence
Posted on 21 Nov 2019 by Daniel M. Kowalski

USCIS, Nov. 21, 2019 "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to update and clarify when USCIS may adjust the status of an applicant whose conditional permanent resident (CPR) status... Read More

USCIS Revises Interview Waiver Guidance for Form I-751
Posted on 10 Dec 2018 by Daniel M. Kowalski

USCIS, Dec. 10, 2018 "USCIS has issued a policy memorandum (PDF, 115 KB) (PM) providing guidance to USCIS officers on when to consider waiving the interview requirement for Form I-751, Petition to Remove Conditions on Residence . This PM goes into... Read More

USCIS Policy Alert: Special Naturalization Provisions for Children (Sept. 26, 2018)
Posted on 1 Oct 2018 by Daniel M. Kowalski

USCIS, Sept. 26, 2018 - U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance to amend the USCIS Policy Manual to clarify certain special naturalization provisions for children." Read More

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

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

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

New USCIS Policy on RFEs, NOIDs (effective Sept. 11, 2018)
Posted on 14 Jul 2018 by Daniel M. Kowalski

USCIS, July 13, 2018 - "SUBJECT: Issuance of Certain RFEs and NOIDs; Revisions to Adjudicator’s Field Manual (AFM) Chapter 10.5(a), Chapter 10.5(b) Purpose This Policy Memorandum (PM) provides guidance to U.S. Citizenship and Immigration... Read More

Tags: noid , rfe , policy , USCIS

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

And You Thought H-2Bs Could Not Get More Complicated - USCIS Policy Memo re Guam
Posted on 19 Feb 2018 by Daniel M. Kowalski

USCIS, Feb. 15, 2018 - "This policy memorandum (PM) provides guidance regarding the filing and adjudication of H-2B nonimmigrant petitions that fall under section 1049 of the National Defense Authorization Act for Fiscal Year 2018 (NDAA). This PM... Read More

Tags: policy , Guam , USCIS , H-2B

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

USCIS Updates Policy Memo on DNA Evidence in Support of Sibling Relationships (Apr. 17, 2018)
Posted on 3 May 2018 by Daniel M. Kowalski

USCIS, May 2, 2018 - "USCIS has updated its policy on the acceptance of DNA evidence supporting sibling relationships. This policy memorandum (PDF, 136 KB) permits officers to suggest and consider direct sibling-to-sibling DNA test results, and provides... Read More

Tags: siblings , policy , USCIS , DNA

USCIS Policy Memo on TN Economists (Nov. 20, 2017)
Posted on 19 Dec 2017 by Daniel M. Kowalski

USCIS, Nov. 20, 2017 - "This policy memorandum (PM) clarifies that for an applicant to qualify for TN status based on work in the profession of economist, the applicant must engage in activities consistent with the profession of economist. Activities... Read More

USCIS Issues Revised TRIG Hold Guidance (Oct. 19, 2017)
Posted on 1 Nov 2017 by Daniel M. Kowalski

USCIS, Oct. 19, 2017 - "Revised Guidance for Processing Cases Subject to Terrorism-Related Inadmissibility Grounds and Rescission of the Prior Hold Policy for Such Cases" Read More

Tags: trig , guidance , policy , USCIS