Immigration Law

Recent Posts

Immigration Issues Ripe for Rulemaking: Some Modest Proposals
Posted on 5 Nov 2012 by Daniel M. Kowalski

" At the recently concluded CIS Second Annual Conference in Washington DC on October 18, 2012, Cyrus D. Mehta addressed key issues ripe for rulemaking involving unlawful presence, American Competitiveness in the 21st Century Act (known as "AC... Read More

Will Kazarian Change the O-1 Visa?
Posted on 29 Apr 2014 by Daniel M. Kowalski

"[T]o wrap the O-1 in an analytical straitjacket is yet another disturbing example of legislation through interpretation by the USCIS. While the INA itself does not change, what it means most certainly does change. All this comes about without the... Read More

Tags: o-1 , endelman , mehta , kazarian

Bad Timing, Alberto: BIA Confirms Immigration Benefits for Same-Sex Spouses after U.S. v. Windsor
Posted on 22 Jul 2013 by Daniel M. Kowalski

"Former Attorney General Alberto Gonzales, along with an immigration attorney, David Strange, published an Op Ed in the New York Times entitled What the Court Didn’t Say on July 17, 2013. They muddy the waters by contending that despite the... Read More

Do We Still Need PERM? - The Merits-Based Points System in BSEOIMA
Posted on 13 May 2013 by Daniel M. Kowalski

"We continue to analyze the provisions of the Border Security, Economic Opportunity and Immigration Modernization Act of 2013, s. 744 (BSEOIMA), which seeks to bring about dramatic changes to the existing immigration system in the United States.... Read More

Tags: perm , endelman , mehta , bseoima

They Still Have Their Dream: Why Kris Kobach's Vitriol-Based Lawsuit Will Fail
Posted on 29 Aug 2012 by Daniel M. Kowalski

"[O] ne cannot separate the vitriol against DREAMers in states like Arizona and the law suit challenging DACA. They emanate from the same xenophobia against immigrants without being able to see that the deserving beneficiaries of DACA are out of... Read More

Families Counted Together Stay Together: How to Eliminate Visa Backlogs
Posted on 15 Sep 2014 by Daniel M. Kowalski

"There is nothing in the Immigration and Nationality Act that requires each derivative family member to be counted on an individual basis against the worldwide and country caps. That being so, President Obama tomorrow can issue an executive order... Read More

America, Syria and CIR: Endelman & Mehta
Posted on 3 Sep 2013 by Daniel M. Kowalski

"... If America, as a superpower, continues to play the role of a cop in world affairs by virtue of its superpower status, it will have more moral legitimacy to do so if it embraces people from the world through a humane and compassionate immigration... Read More

Tags: Syria , endelman , mehta

A TIME FOR HONEST TRUTH: A PASSIONATE DEFENSE OF PRESIDENT OBAMA’S EXECUTIVE ACTION ON IMMIGRATION
Posted on 24 Nov 2014 by Daniel M. Kowalski

You shall neither vex a stranger, nor oppress him: for you were strangers in the land of Egypt. - EXODUS 22:21 "November 20, 2014 was a historic night. The President announced a series of executive actions to expand enforcement at the border... Read More

THE LAZARUS EFFECT: HOW COMPREHENSIVE IMMIGRATION REFORM CAN SURVIVE THE HOUSE GOP AND COME BACK TO LIFE
Posted on 19 Aug 2013 by Daniel M. Kowalski

"... The authors have since 2010 been advocating the ability of the President to ameliorate the plight of non-citizens trapped in a broken system through administrative measures . We have also proposed that the President can resolve the crisis in... Read More

American Cannot Be 'Open for Business' With an H-1B Visa Lottery
Posted on 30 Mar 2015 by Daniel M. Kowalski

[Editor's Note: Usually I quote snippets, but this entire column is worth reading in full. Emphasis (bold) mine. DMK] " In America, the best day of the week has always been tomorrow except, it seems, when it comes to immigration . On April... Read More

Tags: endelman , mehta , H-1B

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

The Taxman Cometh: Why Taking a Foreign Earned Income Exclusion Can Jeopardize Naturalization
Posted on 2 Oct 2012 by Daniel M. Kowalski

"Many accountants may not know this, but tread with caution if you wish to naturalize and are planning to shield foreign earned income from US taxation that can protect you up to $92,900." - Gary Endelman and Cyrus D. Mehta, Oct. 1, 2012 . Read More

A House of Many Rooms: The Different Paths to Citizenship
Posted on 10 Feb 2013 by Daniel M. Kowalski

"It is so refreshingly wonderful to think that what was once unthinkable could become a possibility – a bill to comprehensively reform our broken immigration system. Even the House Judiciary Committee held a hearing last Tuesday, where there... Read More

The Ties That Bind: Can Family Unity Co-Exist With LPR Status?
Posted on 10 Jul 2012 by Daniel M. Kowalski

" The main lesson learned from Lateef v. Holder is that waiting outside the US with your loved ones, until they can immigrate to the US, can result in abandonment of your green card. Due to the tremendous backlogs in the family-based immigration... Read More

Parole in Place: The Secret Sauce for Administrative Immigration Reform
Posted on 18 Nov 2013 by Daniel M. Kowalski

"The extension of PIP to the families of current or former military service men and women is a proper recognition of their contribution to the nation and an attempt to benefit those who have given so much to the rest of us. While such logic is compelling... Read More