Immigration Law

Recent Posts

Ethical Considerations when ICE Moves to Dismiss Removal Proceedings under the Doyle Prosecutorial Discretion Memo
Posted on 9 May 2022 by Daniel M. Kowalski

Cyrus Mehta and Kaitlyn Box, May 9, 2022 "On April 3, 2022 the U.S. Immigration and Custom Enforcement (ICE) Office of the Principal Legal Advisor (OPLA) Kerry E. Doyle issued a memorandum (“the Doyle memo”) which empowers ICE attorneys... Read More

Cyrus Mehta on Portability
Posted on 18 Apr 2022 by Daniel M. Kowalski

Cyrus Mehta, Apr. 18, 2022 I-485 Supplement J Should Not Be the Only Vehicle to Express Portability "It is well settled that noncitizens must have the requisite intent to work for their employers at the time of entry or adjustment of status under... Read More

Immigration Relief for Ukrainian Refugees: What the United States is Currently Offering
Posted on 4 Apr 2022 by Daniel M. Kowalski

Cyrus Mehta, Apr. 2, 2022 "I conducted a one hour presentation on immigration relief for Ukrainians under the aegis of the Practicing Law Institute on March 29, 2022, and spoke about options for Ukrainians in the US as well as for those who have... Read More

Tags: mehta , Ukraine

USCIS Contact Center is More a Source of Frustration than Assistance
Posted on 15 Mar 2022 by Daniel M. Kowalski

Cyrus D. Mehta, Kaitlyn Box, and Jessica Paszko, Mar. 15, 2022 "The USCIS Contact Center purports to provide tools for checking case statuses online, correcting notices that contain mistakes or were never delivered, and connecting applicants to... Read More

Tags: mehta , USCIS

Why Should Requesting a Transfer of Underlying Basis with an I-485 Supplement J Restart the 180-Day Portability Clock?
Posted on 22 Feb 2022 by Daniel M. Kowalski

Cyrus Mehta, Kaitlyn Box, Feb. 22, 2022 "We follow up on our blog series on requesting a transfer of underlying basis. Previous blogs on this topic can be found here and here . Due to the exceptionally high number of EB-1 and EB-2 visas available... Read More

The 2000 Legacy INS Cronin Memo Lives On
Posted on 8 Feb 2022 by Daniel M. Kowalski

Maintenance of H-1B/L-1 Status after Travelling Back On Advance Parole: Executive Legerdemain under the Cronin Memo Cyrus D. Mehta and Kaitlyn Box, Feb. 8, 2022 "Since H-1B and L visa nonimmigrant status allows for dual intent, the filing of... Read More

Cyrus Mehta on STEM Expansion, EB Visa Petition Transfers
Posted on 25 Jan 2022 by Daniel M. Kowalski

Bender's Immigration Bulletin Editorial Board Member Cyrus D. Mehta has two new blog posts online: Expansion of STEM Practical Training and Broadening of O-1A Standards Allows Foreign Talented Students to Contribute to the US Even If Rejected in... Read More

Holiday Gifts from DOS: Expanded Interview Waivers and Lenient View on Student Nonimmigrant Intent
Posted on 27 Dec 2021 by Daniel M. Kowalski

Cyrus Mehta, Dec. 25, 2021 "The State Department has given much needed holiday gifts to ease delays in visa processing brought about by the evisceration of consular operations due to Covid-19. According to a December 22, 2021 article in Roll... Read More

The Legal Basis Underpinning the New Automatic Extension of Work Authorization for H-4, L-2 and E-2 Spouses, and Why It Must Still Be Challenged: Cyrus Mehta
Posted on 22 Nov 2021 by Daniel M. Kowalski

Cyrus Mehta, Nov. 22, 2021 "The USCIS has been processing employment authorization requests for H-4 and L-2 spouses so slowly that they have been rendered virtually useless. By the time the applicant receives the employment authorization document... Read More

Wang v. Blinken: "A Deep Disappointment"
Posted on 14 Jul 2021 by Daniel M. Kowalski

Cyrus D. Mehta, Kaitlyn Box, July 14, 2021 "On July 9, 2021, the U.S. Court of Appeals for the D.C. Circuit issued its opinion in Wang v. Blinken , No. 20-5076 (D.C. Cir. 2021), interpreting INA § 203(d) to include the counting of derivatives... Read More

Tags: mehta , visas , Blinken

Cyrus Mehta: Giuliani, Trump and Arizona's "Illegal Alien" Voters
Posted on 28 Jun 2021 by Daniel M. Kowalski

Cyrus Mehta, June 26, 2021 "The temporary suspension of Rudolph Giuliani’s bar license by a New York appellate court for making false statements on behalf of Donald Trump’s election is thought provoking for lawyers, especially those... Read More

Tags: mehta , Trump

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