Immigration Law

Recent Posts

Class Action Filed Against Feds Over Adjustment of Status Via TPS - Moreno v. Nielson
Posted on 23 Feb 2018 by Daniel M. Kowalski

AIC, Feb. 22, 2018 - "Today, the American Immigration Council, the Northwest Immigrant Rights Project, and several Temporary Protected Status holders filed a class action lawsuit against officials at the U.S. Citizenship and Immigration Services... Read More

Cyrus D. Mehta: Potential Adjustment of Status Options After the Termination of TPS
Posted on 22 Jan 2018 by Daniel M. Kowalski

Cyrus D. Mehta, Jan. 22, 2018 - "As President Trump restricts immigration, it is incumbent upon immigration lawyers to assist their clients with creative solutions available under law. The most recent example of Trump’s attack on immigration... Read More

#Visagate2015 May Spawn Litigation
Posted on 28 Sep 2015 by Daniel M. Kowalski

On Sept. 9, 2015 the State Department published the October 2015 Visa Bulletin with a new "Dates for Filing Applications" feature enabling some on the backlogged waiting lists to file 'early' for adjustment of status. But on Sept. 25th... Read More

Cyrus D. Mehta Unpacks #VisaGate2015: When is a Visa 'Immediately Available' for AOS Filing?
Posted on 5 Oct 2015 by Daniel M. Kowalski

Cyrus D. Mehta, Oct. 4, 2015 - " Central in the Mehta v. DOS lawsuit is whether the administration is authorized to establish a dual date system in the Department of State’s (DOS) Visa Bulletin, which it did for the first time in October 2015... Read More

Posted on 15 Dec 2014 by Daniel M. Kowalski

"Now that we have had a chance to exhale, a nagging doubt clouds this emerging optimism: Is early adjustment of status really what is contemplated? While White House briefings and talking points certainly suggested this was the case, a stubborn yet... Read More

CA7 Overrules Matter of Akram! - Akram v. Holder
Posted on 9 Jul 2013 by Daniel M. Kowalski

"Mahvash Alisha Akram came to this country in 2006. She hoped to join her recently remarried mother and become a lawful permanent resident. Her hopes were dashed when she ran headlong into a regulatory wall. She now argues that the regulation that... Read More

USCIS Policy Memo: Adjudication of Adjustment of Status Applications for Individuals Admitted to the United States Under the Visa Waiver Program
Posted on 20 Nov 2013 by Daniel M. Kowalski

"This policy memorandum (PM) provides guidance on the adjudication of Form I-485, Application to Register or Adjust Status, filed by immediate relatives of U.S. citizens who were last admitted under the Visa Waiver Program (VWP). This PM updates... Read More

BIA on Adult K-4 Adjustment: Matter of Akram, ID 3762
Posted on 1 Aug 2012 by Daniel M. Kowalski

(1) An alien who was admitted to the United States as a K-4 nonimmigrant may not adjust status without demonstrating immigrant visa eligibility and availability as the beneficiary of a Petition for Alien Relative (Form I-130) filed by his or her stepparent... Read More

USCIS Updates Instructions for Using DOS Visa Bulletin - Oct. 14, 2015
Posted on 14 Oct 2015 by Daniel M. Kowalski

USCIS, Oct. 14, 2015 - "Beginning with the November 2015 Department of State (DOS) Visa Bulletin , if USCIS determines that there are more immigrant visas available for a fiscal year than there are known applicants for such visas, we will state on... Read More

TPS Grantee Adjusts Status
Posted on 9 Feb 2012 by Daniel M. Kowalski

Read the very interesting legal saga of a Salvadoran TPS grantee who was able, after litigation, to adjust status. Braverman & Lin . Read More

CA9 on Adjustment of Status, Admission, TPS: Ramirez v. Brown
Posted on 31 Mar 2017 by Daniel M. Kowalski

Ramirez v. Brown, Mar. 31, 2017 - Court staff summary: "The panel affirmed the district court’s summary judgment in favor of Jesus Ramirez in his action challenging the United States Citizenship and Immigration Service’s decision finding... Read More

CA9 on Adjustment, Reopening: Singh v. Holder
Posted on 13 Nov 2014 by Daniel M. Kowalski

"For the second time in six years, we hold that the Board of Immigration Appeals has authority to reopen proceedings of an alien who is under a final order of removal in order to afford the alien an opportunity to pursue an adjustment of status application... Read More

TPS Adjustment of Status Victory: Bonilla v. Johnson
Posted on 3 Mar 2016 by Daniel M. Kowalski

Bonilla v. Johnson, Mar. 2, 2016 - "The parties agree that the sole question before the Court is whether a grant of temporary protected status (“TPS”) under 8 U.S.C. § 1254a satisfies the threshold requirement of admission under... Read More

USCIS Telecon Wed. Sept. 16, 2015 re Visa Bulletin, Adjustment of Status
Posted on 10 Sep 2015 by Daniel M. Kowalski

USCIS, Sept. 10, 2015 - "Engagement Invitation - Revisions to the Visa Bulletin for Adjustment of Status Applicants Wednesday, Sept. 16, 2015 2:00 – 3:00 p.m. (Eastern) U.S. Citizenship and Immigration Services (USCIS) invites you... Read More

USCIS Policy Manual Update: Obsolete Form Removed
Posted on 22 Jun 2016 by Daniel M. Kowalski

USCIS Policy Alert, June 22, 2016 - "U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to remove obsolete Form I-643, Health and Human Services Statistical Data for Refugee/Asylee Adjusting Status... Read More