Immigration Law

Recent Posts

Matter of Kagumbas, 28 I&N Dec. 400 (BIA 2021)
Posted on 13 Oct 2021 by Daniel M. Kowalski

Matter of Kagumbas, 28 I&N Dec. 400 (BIA 2021) - An Immigration Judge has the authority to inquire into the bona fides of a marriage when considering an application for adjustment of status under section 245(a) of the Immigration and Nationality Act... Read More

"Unreasonable Delay" AOS Victory: Pacharne v. DHS
Posted on 4 Oct 2021 by Daniel M. Kowalski

Pacharne v. DHS "For the reasons stated above, the Court finds that the Plaintiffs have established unreasonable delay on behalf of USCIS. Consequently, the Court has jurisdiction over this matter. The Plaintiff’s request for injunctive relief... Read More

Supreme Court on TPS, Adjustment of Status: Sanchez v. Mayorkas
Posted on 7 Jun 2021 by Daniel M. Kowalski

Sanchez v. Mayorkas "Petitioner Jose Santos Sanchez entered this country unlawfully from El Salvador. Years later, because of unsafe living conditions in that country, the Government granted him Temporary Protected Status (TPS), entitling him to... Read More

Cyrus Mehta on Coping with Delays Facing H-4 and L-2 Spouses When They Have a Pending Adjustment Application – Part 2
Posted on 19 Apr 2021 by Daniel M. Kowalski

Cyrus Mehta and Isabel Rajabzadeh*, Apr. 19, 2021 "Although H-4 and L-2 extensions continue to be delayed since our last blog “ Coping with Delays Facing H-4 and L-2 Spouses ”, we highlight another issue, which adds further hardship... Read More

Matter of Mensah, 28 I&N Dec. 288 (BIA 2021)
Posted on 14 Apr 2021 by Daniel M. Kowalski

Matter of Mensah, 28 I&N Dec. 288 (BIA 2021) - An Immigration Judge may rely on fraud or a willful misrepresentation of a material fact made by an alien during an interview before the United States Citizenship and Immigration Services to remove the... Read More

USCIS Policy Alert: Refugee and Asylee Adjustment of Status Interview Criteria and Guidelines
Posted on 15 Dec 2020 by Daniel M. Kowalski

USCIS, Dec. 15, 2020 "U.S. Citizenship and Immigration Services (USCIS) is updating guidance in the USCIS Policy Manual regarding adjustment of status interview waiver categories and expanding the interview criteria for asylee and refugee adjustment... Read More

BIA on TPS, Admission, Adjustment: Matter of Padilla Rodriguez, 28 I&N Dec. 164 (BIA 2020)
Posted on 23 Nov 2020 by Daniel M. Kowalski

Matter of Padilla Rodriguez, 28 I&N Dec. 164 (BIA 2020) (1) Where the temporary protected status (“TPS”) of an alien who was previously present in the United States without being admitted or paroled is terminated, the alien remains inadmissible... Read More

USCIS on Job Portability After Filing to Adjust
Posted on 17 Nov 2020 by Daniel M. Kowalski

USCIS, Nov. 17, 2020 "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to consolidate and update guidance on the ability to change to a same or similar job, also known as portability, for certain... Read More

USCIS Policy Alert: Use of Discretion for Adjustment of Status
Posted on 17 Nov 2020 by Daniel M. Kowalski

USCIS, Nov. 17, 2020 "U.S. Citizenship and Immigration Services (USCIS) is updating existing policy guidance in the USCIS Policy Manual regarding the discretionary factors to consider in adjudications of adjustment of status applications."... Read More

Matter of H-G-G- "Contrary to Law" - Velasquez v. Barr, CA8
Posted on 27 Oct 2020 by Daniel M. Kowalski

NILA, Oct. 27, 2020 - " The Eighth Circuit joins the Sixth and Ninth Circuit’s in holding that beneficiaries of Temporary Protected Status are eligible to adjust status to that of a lawful permanent resident. Hats off to plaintiff’s counsel... Read More

USCIS Doubles Down on TPS, AOS
Posted on 6 Oct 2020 by Daniel M. Kowalski

USCIS Policy Alert, Oct. 6, 2020 "U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual regarding whether temporary protected status (TPS) beneficiaries are eligible for adjustment of status under... Read More

TPS Beneficiaries Sue Cuccinelli
Posted on 26 Aug 2020 by Daniel M. Kowalski

CLINIC, Aug. 26, 2020 "CLINIC, along with Democracy Forward Foundation, Montagut & Sobral PC, and Debevoise & Plimpton LLP, represents seven Temporary Protected Status beneficiaries and CARECEN in a lawsuit against the Trump administration... Read More

USCIS on Terminating Asylum: Policy Alert
Posted on 21 Aug 2020 by Daniel M. Kowalski

USCIS, Aug. 21, 2020 Clarifying Procedures for Terminating Asylum Status in Relation to Consideration of an Application for Adjustment of Status "Asylum may be granted to those who meet the definition of a refugee and are physically present in... Read More

CA9 on Reliance, Fault, Adjustment of Status: Peters v. Barr
Posted on 2 Apr 2020 by Daniel M. Kowalski

Peters v. Barr "For nearly 14 years, Patricia Audrey Peters has been stuck in what can only be described as a bureaucratic nightmare. In 2006, her lawyer failed to file the paperwork necessary to obtain an extension of her lawful immigration status... Read More

EOIR Memo on AOS for Certain Liberians (Jan. 13, 2020)
Posted on 15 Jan 2020 by Daniel M. Kowalski

EOIR, Jan. 13, 2020 "Section 7611 of the recently-enacted National Defense Authorization Act for Fiscal Year 2020 (NDAA), Pub. L. 116-92, established a new eligibility program for adjustment of status for certain Liberian nationals and their spouses... Read More