Immigration Law

Recent Posts

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

CA5 on AOS, 209(b): Siwe v. Holder
Posted on 7 Feb 2014 by Daniel M. Kowalski

"We therefore grant Siwe’s petition on this issue and hold that an alien, like Siwe, whose asylum has been terminated, is not prohibited from applying for adjustment of status under Section 209(b). ... We therefore grant Siwe’s petition... Read More

Duran-Gonzalez Settlement
Posted on 1 Apr 2014 by Daniel M. Kowalski

"On March 21, 2014, the U.S. District Court for the Western District of Washington granted preliminary approval of a Settlement Agreement in the case of Aurelio Duran-Gonzalez v. Department of Homeland Security (Duran-Gonzalez) Under the terms... Read More

Matter of Lemus-Losa, ID 3745, 25 I&N Dec. 734 (BIA 2012)
Posted on 19 Mar 2012 by Daniel M. Kowalski

Matter of Lemus-Losa, ID 3745, 25 I&N Dec. 734 (BIA 2012) - Adjustment of status under section 245(i) of the Immigration and Nationality Act, 8 U.S.C. § 1255(i) (2006), is unavailable to an alien who is inadmissible under section 212(a)(9)(B... Read More

Unpub. BIA Termination Victory: Matter of Fernandes
Posted on 20 Jul 2013 by Daniel M. Kowalski

"In this unpublished decision , the Board of Immigration Appeals (BIA) reversed the immigration judge's finding that the respondent was inadmissible at the time of adjustment of status due to fraud or willful misrepresentation of a material fact... Read More

Matter of Rivas, 26 I&N Dec. 130 (BIA 2013)
Posted on 20 Jun 2013 by Daniel M. Kowalski

A waiver of inadmissibility under section 212(h) of the Immigration and Nationality Act, 8 U.S.C. § 1182(h) (2006), is not available on a “stand-alone” basis to an alien in removal proceedings without a concurrently filed application... Read More

District Court Issues Final Approval of Duran Gonzalez Settlement Agreement
Posted on 24 Jul 2014 by Daniel M. Kowalski

Matt Adams writes: "On July 21, 2014, the District Court issued a final approval of the settlement agreement in Duran Gonzalez . Read the Settlement Agreement for a full explanation of who qualifies as a class member and what steps class members... Read More

209(c) waiver victory in Batavia, NY
Posted on 9 Nov 2011 by Daniel M. Kowalski

Richard Geduldig writes: " On October 11, 2011, Immigration Judge Philip Montante issued a ten-page written decision granting adjustment of status with a Section 209(c) waiver of grounds of inadmissibility to a refugee who had an aggravated... Read More

Matter of D-K-, ID 3747, 25 I&N Dec. 761 (BIA 2012)
Posted on 12 Apr 2012 by Daniel M. Kowalski

Matter of D-K-, ID 3747, 25 I&N Dec. 761 (BIA 2012) - (1) An alien who is a refugee under section 207 of the Immigration and Nationality Act, 8U.S.C. § 1157 (2006), and has not adjusted status to that of a lawful permanent resident may be placed... Read More

CA5 on Asylee Adjustment/Termination, C-J-H-, Chevron: Ali v. Lynch
Posted on 23 Feb 2016 by Daniel M. Kowalski

Ali v. Lynch, Feb. 22, 2016 - "When affirming IJ Greenstein’s assertion that Ali’s LPR status terminated his asylum status, and as a result, Ali’s deportation proceedings could commence without termination of his asylum status,... Read More

CA6 on APA Finality: Hosseini v. Johnson
Posted on 17 Jun 2016 by Daniel M. Kowalski

Hosseini v. Johnson, June 17, 2016 - "Appellant Mehrdad Hosseini (“Hosseini”) appeals the district court’s dismissal of his complaint for failure to state a claim. Hosseini sought review of the United States Citizenship and Immigration... Read More

Asylee Adjustment APA Collateral Estoppel Victory in California: Islam v. DHS
Posted on 1 Oct 2015 by Daniel M. Kowalski

Anna Benvenue writes: "I just won summary judgment on a case in the Northern District of California in which my client's asylee adjustment application was denied by USCIS based on a finding that he was barred for terrorist inadmissibility. This... Read More

Cleveland IJ Extends Matter of Sesay to K-3s
Posted on 21 Jul 2012 by Daniel M. Kowalski

"Matter of Sesay presents persuasive reasons for the Court to consider K-3 spouse visa holders similar to K-I fiance(e) visa holders attempting to adjust status on the basis of a prior marriage to a United States citizen spouse. It seems fundamentally... Read More

Tags: adjustment , sesay , k-3 , peyton

Surge in SIJS Approvals Creates Backlog at Adjustment Stage
Posted on 15 Apr 2016 by Daniel M. Kowalski

CLINIC’s Training and Legal Support staff has written a short analysis of the potential implications for your clients of the State Department’s May Visa Bulletin, released on April 12. - " The State Department’s May Visa Bulletin... Read More

CA4 on Adjustment, Admission, 212(h): Bracamontes v. Holder
Posted on 4 Apr 2012 by Daniel M. Kowalski

"Based on Petitioner’s conviction for an aggravated felony, the United States sought to remove him pursuant to section 237(a)(2)(A)(iii) of the Immigration and Nationality Act (INA). The immigration judge ("IJ") denied Petitioner... Read More