Immigration Law

Recent Posts

Hon. Jeffrey S. Chase: Can Keathley Be Applied More Broadly?
Posted on 16 Aug 2022 by Daniel M. Kowalski

Hon. Jeffrey S. Chase, Aug. 16, 2022 "The Off-Broadway play The Courtroom is now a film; it recently screened as part of the Tribeca Film Festival . I think it is excellent, and would highly recommend that all those interested in immigration law... Read More

USCIS Rescinds Z-R-Z-C-; Implications for AOS
Posted on 2 Jul 2022 by Daniel M. Kowalski

USCIS, July 1, 2022 "U.S. Citizenship and Immigration Services (USCIS) rescinds its designation of the decision of the Administrative Appeals Office (AAO) in Matter of Z-R-Z-C- as an Adopted Decision and updates its interpretation of the effects... Read More

Matter of T-C-A-, 28 I&N Dec. 472 (BIA 2022)
Posted on 24 Feb 2022 by Daniel M. Kowalski

Matter of T-C-A-, 28 I&N Dec. 472 (BIA 2022) An applicant for adjustment of status under section 209(b) of the Immigration and Nationality Act, 8 U.S.C. § 1159(b) (2018), must possess asylee status at the time of adjustment, and thus an applicant... Read More

USCIS Notice re "Arriving Aliens" from Cuba Denied AOS (Feb. 23, 2022)
Posted on 23 Feb 2022 by Daniel M. Kowalski

USCIS, Feb. 23, 2022 NOTICE FOR CERTAIN NATIVES OR CITIZENS OF CUBA WHO ARE “ARRIVING ALIENS” AND WHO WERE DENIED ADJUSTMENT OF STATUS UNDER THE CUBAN ADJUSTMENT ACT BASED SOLELY ON A DETERMINATION THAT THEY HAD NOT MET THEIR BURDEN OF ESTABLISHING... Read More

CA5 on Res Judicata, CIMT, Admission: Diaz Esparza II
Posted on 18 Jan 2022 by Daniel M. Kowalski

Diaz Esparza II "Santiago Alejandro Diaz Esparza seeks review of a Board of Immigration Appeals (BIA) decision finding him subject to removal under 8 U.S.C. § 1227(a)(2)(A)(ii), which permits the deportation of aliens who commit two crimes... Read More

Inside Baseball: FAD, DFF and Litigation - Cyrus D. Mehta
Posted on 13 Dec 2021 by Daniel M. Kowalski

Cyrus Mehta, Dec. 13, 2021 "Several children who filed I-485 applications as derivatives of their Indian born parents under the October 2020 Visa Bulletin are being denied because they turned 21 years before the Final Action Dates became current... Read More

Patel v. Garland SC Oral Arg. Analysis: Prof. Shoba Sivaprasad Wadhia
Posted on 9 Dec 2021 by Daniel M. Kowalski

Prof. Shoba Sivaprasad Wadhia, Dec. 7, 2021 "The Supreme Court on Monday heard oral argument in Patel v. Garland , an immigration case that raises a question about federal court review for noncitizens who were denied certain types of discretionary... Read More

Patel v. Garland: SC Oral Argument Case Preview
Posted on 3 Dec 2021 by Daniel M. Kowalski

Dean Shoba Sivaprasad Wadhia, Dec. 3, 2021 " Patel v. Garland raises an important question about whether a federal court can review a decision by an agency within the Department of Justice that a noncitizen is ineligible for a green card. The Supreme... Read More

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