Immigration Law

Recent Posts

Sanchez v. Mayorkas: Is There a Silver Lining?
Posted on 15 Jun 2021 by Daniel M. Kowalski

Cyrus D. Mehta, Kaitlyn Box, June 14, 2021 "On June 7, 2021, the Supreme Court decided Sanchez v. Mayorkas , holding that a grant of Temporary Protected Status (TPS) does not constitute an admission under INA § 245(a) for purposes of adjustment... Read More

Cyrus Mehta: DOS Guidance on ART is Welcome
Posted on 2 Jun 2021 by Daniel M. Kowalski

Cyrus Mehta, June 2, 2021 "On May 18, 2021, the State Department issued guidance broadening the path for transmission of US citizenship to a child born abroad to married parents. The guidance is reproduced below: Recognizing the advances in... Read More

Cyrus Mehta: Proposals for Shattering Barriers and Obstacles to Legal Immigration Without Waiting for Congress to Act
Posted on 19 May 2021 by Daniel M. Kowalski

Cyrus Mehta, May 19, 2021 "Re: USCIS-2021-0004, Identifying Barriers Across U.S. Citizenship and Immigration Services (USCIS) Benefits and Services; Request for Public Input I would like to propose ideas that would provide relief to beneficiaries... Read More

Tags: mehta , USCIS

Cyrus Mehta: Will Kisor Be The Nail In Castro-Tum's Coffin?
Posted on 11 May 2021 by Daniel M. Kowalski

Cyrus Mehta, May 10, 2021 "On May 5, 2021, the majority opinion in the Third Circuit Court of Appeals decision in Sanchez v. Attorney General followed two other circuit courts in holding that an Immigration Judge (IJ) has the authority to administratively... Read More

US Imposes COVID Travel Ban on India: How Effective Are Such Travel Bans?
Posted on 3 May 2021 by Daniel M. Kowalski

Cyrus D. Mehta and Kaitlyn Box*, May 3, 2021 "In previous blogs we have discussed the Trump administration’s numerous COVID travel bans that were extended by President Biden, and provided suggestions for overcoming them. On Friday, April... Read More

Tags: mehta , India , COVID-19

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

Cyrus Mehta on Delays, Quotas
Posted on 13 Apr 2021 by Daniel M. Kowalski

April 11, 2021 - Coping with Delays Facing H-4 and L-2 Spouses April 2, 2021 - End the Arbitrary H-1B Lottery and Visa Quotas – and other practical considerations for the winners! Read More

Cyrus Mehta on CSPA, Cuthill v. Blinken
Posted on 15 Mar 2021 by Daniel M. Kowalski

Cyrus Mehta, Mar. 15, 2021 "One of the unresolved conundrums in our immigration law is the inability of children of lawful permanent residents to be protected under the Child Status Protection Act (CSPA) when their parents naturalize to US citizenship... Read More

Tags: cspa , mehta

Overcoming a COVID Travel Ban Through the National Interest Exception
Posted on 1 Mar 2021 by Daniel M. Kowalski

Cyrus D. Mehta, Kaitlyn Box, Feb. 28, 2021 "Although the Trump era has ended, some of its draconian immigration policies continue to linger, including the COVID travel bans. On January 25, 2021, President Biden issued Presidential Proclamation... Read More

Tags: mehta , COVID-19

National Interest Exceptions: Is There a Better Way?
Posted on 16 Feb 2021 by Daniel M. Kowalski

Cyrus D. Mehta, Feb. 16, 2021 "On February 10, 2021, the Department of State (DOS) announced that certain business travelers, investors, treaty traders, academics, students, and journalists may qualify for national interest exceptions under the... Read More

Tags: mehta , travel ban

Biden Ushers In New Hope on Immigration
Posted on 26 Jan 2021 by Daniel M. Kowalski

Cyrus D. Mehta, Kaitlyn Box, Jan. 25, 2021 "There is much for all of us to be excited about after President Biden’s inauguration on January 20, 2021 when he aggressively rescinded many of Trump’s most damaging immigration actions. We... Read More

Cyrus Mehta on Trump's Last Gasp: Extending the Visa Bans
Posted on 4 Jan 2021 by Daniel M. Kowalski

Cyrus Mehta, Kaitlyn Box, Jan. 4, 2021 "On the last day of 2020, Trump issued a Presidential Proclamation extending two previous Proclamations – Proclamation 10014 (Suspension of Entry of Immigrants Who Present a Risk to the United States... Read More

Experts: Trump's Extension of Visa Ban a "Time Bomb" and a "Mistake"
Posted on 3 Jan 2021 by Daniel M. Kowalski

Lubna Kably, Shilpa Phadnis, TNN, Jan. 2, 2021 "The outgoing US president Donald Trump has extended the ban on H-1B and L-1 work visas through March ... [Cyrus] Mehta said Trump deliberately planted this time bomb for Biden, knowing that it would... Read More

Innova Solutions v. Baran: Computer Programmer is a Specialty Occupation Under the H-1B Visa
Posted on 19 Dec 2020 by Daniel M. Kowalski

Cyrus D. Mehta & Kaitlyn Box, Dec. 18, 2020 "On December 16, 2020, the Ninth Circuit issued its opinion in Innova Solutions, Inc. v. Baran , which involved a technology company, Innova, that wanted to hire an Indian employee in the specialty... Read More

Tags: mehta , H-1B

COVID-19 and Courts: NYSBA Ethics Opinions
Posted on 15 Dec 2020 by Daniel M. Kowalski

Cyrus D. Mehta, Kaitlyn Box, Dec. 14, 2020 "In an earlier blog , we discussed ethics for immigration lawyers during the COVID-19 pandemic. Another ethical dilemma, addressed by two recent ethics opinions from the New York City Bar and the New York... Read More

Tags: mehta , COVID-19 , ethics