Immigration Law

Recent Posts

USCIS Updates EB-5 Investor Visa Policy Guidance (May 2, 2018)
Posted on 2 May 2018 by Daniel M. Kowalski

USCIS, May 2, 2018 - "U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in Volume 6, Part G of the USCIS Policy Manual regarding the documentation of conditional permanent resident (CPR) status for employment-based fifth... Read More

USCIS Policy Alert: Acquisition of U.S. Citizenship for Children Born Out of Wedlock (Apr. 18, 2018)
Posted on 18 Apr 2018 by Daniel M. Kowalski

USCIS, Apr. 18, 2018 - "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify certain requirements for acquisition of U.S. citizenship for children born outside the United States and out... 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 Liberalizes Criteria for Determining Habitual Residence in Some Hague Convention Adoption Cases
Posted on 14 Jan 2014 by Daniel M. Kowalski

"Under the Immigration and Nationality Act (“INA”), there are three ways that adopted children can qualify as the children of a U.S. citizen parent for purposes of acquiring lawful permanent resident status, and generally derivative U... Read More

USCIS Policy Alert: Comprehensive Citizenship and Naturalization Policy Guidance
Posted on 23 Jan 2013 by Daniel M. Kowalski

"This guidance, contained in Volume 12 of the Policy Manual , replaces the naturalization and citizenship policy guidance found in Chapters 71, 72, 73, 74, 75 and 76 of the Adjudicator’s Field Manual (AFM), the AFM’s related appendices... Read More

USCIS Policy Alert - Determining Extreme Hardship
Posted on 23 Oct 2016 by Daniel M. Kowalski

USCIS, Oct 21, 2016 - "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual on determinations of extreme hardship to qualifying relatives as required by certain statutory waiver provisions. This... Read More

USCIS Clarifies Eligibility Requirements for Modifications to the Oath of Allegiance
Posted on 22 Jul 2015 by Daniel M. Kowalski

"Effective July 21, 2015, new guidance ( PA-2015-001 ) in the USCIS Policy Manual clarifies the eligibility requirements for modifications to the Oath of Allegiance . Reciting the Oath is part of the naturalization process. Candidates for citizenship... Read More

USCIS EB-5 Adjudications Policy: May 30, 2013
Posted on 30 May 2013 by Daniel M. Kowalski

"The purpose of this policy memorandum (PM) is to build upon prior policy guidance for adjudicating EB-5 applications and petitions. Prior policy guidance, to the extent it does not conflict with this PM, remains valid unless and until rescinded... Read More

Tags: eb-5 , policy , USCIS

Implementation of the Settlement Agreement in Duran Gonzalez: USCIS Policy Memo, Jan. 31, 2015
Posted on 16 Feb 2015 by Daniel M. Kowalski

"This policy memorandum (PM) ensures the consistent implementation of the Settlement Agreement based on Duran Gonzalez, et al. v. Department of Homeland Security, et al., and amends all earlier memoranda on this subject, including the May 19, 2009... Read More

USCIS Policy Memo: Change of Gender Designation on USCIS Documents (Jan. 19, 2017)
Posted on 20 Jan 2017 by Daniel M. Kowalski

USCIS, Jan. 19, 2017 - "This policy memorandum (PM) and accompanying revisions to the Adjudicator’s Field Manual (AFM) update U.S. Citizenship and Immigration Services (USCIS) policy regarding procedures and requirements to change the gender... Read More

Tags: gender , policy , USCIS , memo

USCIS Issues Guidance on Adjustment of Status Policies and Procedures
Posted on 26 Feb 2016 by Daniel M. Kowalski

USCIS, Feb. 25, 2016 - "Effective February 25, 2016, new guidance in the USCIS Policy Manual provides information on the general policies and procedures for adjustment of status to lawful permanent residence as well as adjustment under section 245... 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 Policy Memo on ACWIA Fee (Aug. 9, 2017; released Aug. 28, 2017)
Posted on 28 Aug 2017 by Daniel M. Kowalski

USCIS, Aug. 9, 2017 - "When determining the appropriate amount of the ACWIA fee, officers should count FTE employees of the petitioning employer and the petitioning employer’s affiliates and subsidiaries, as those terms are defined at 8 CFR... Read More

Tags: acwia , policy , USCIS

USCIS Naturalization Policy Update: Biometrics for All
Posted on 26 Jul 2017 by Daniel M. Kowalski

USCIS, July 26, 2017 - "U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to specify that every naturalization applicant must provide biometrics regardless of age, unless the applicant qualifies... Read More

USCIS MAVNI Update (Aug. 3, 2016)
Posted on 3 Aug 2016 by Daniel M. Kowalski

USCIS, Aug. 3, 2016 - "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to provide information about the existing Department of Defense (DOD) Military Accessions Vital to National Interest (MAVNI... Read More

Tags: updates , mavni , policy , USCIS