Immigration Law

Recent Posts

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

Cyrus Mehta: The Fascinating Confluence of TPS, Removal and Employment-Based AOS
Posted on 13 Jan 2020 by Daniel M. Kowalski

Cyrus Mehta, Jan. 13, 2020 "Immigration Judge Ila C. Deiss’ summary order shows how one who is granted Temporary Protected Status can adjust to permanent resident status through an I-140 petition filed by an employer. Here are the facts... 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

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

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

#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

LET'S HOPE THAT'S WHAT IT MEANS: DOES EXECUTIVE INITIATIVE REALLY PROVIDE FOR EARLY ADJUSTMENT OF STATUS?
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