Immigration Law

Recent Posts

The Vulnerable Returning Green Card Holder Under the Proposed Public Charge Rule - Cyrus Mehta
Posted on 15 Oct 2018 by Daniel M. Kowalski

Cyrus Mehta, Oct. 15, 2018 - "The notion of public charge has existed in our immigration laws since more than a century. The Trump administration’s new proposed public charge rule , however, interprets “is likely at any time to become... Read More

Recipe for Confusion: USCIS Says Only the Final Action Date in Visa Bulletin Protects a Child’s Age Under the Child Status Protection Act - Cyrus D. Mehta
Posted on 25 Sep 2018 by Daniel M. Kowalski

Cyrus D. Mehta, Sept. 22, 2018 - "The Child Status Protection Act is one of the most complex pieces of immigration legislation. Passed in 2002, the CSPA protects the age of children who would otherwise not qualify as children if they turned 21. The... Read More

A Pro Bono Asylum Lawyer Responds to the Latest Attack from A.G. Sessions
Posted on 10 Sep 2018 by Daniel M. Kowalski

Expecting Asylum-Seekers to Become US Asylum Law Experts: Reflections on My Trip to the Folkston ICE Processing Center Sophia Genovese, Sept. 10, 2018 - "US asylum law is nuanced, at times contradictory, and ever-changing. As brief background,... Read More

Suspension of Premium Processing: Another Attack On the H-1B Program (Cyrus Mehta)
Posted on 4 Sep 2018 by Daniel M. Kowalski

Cyrus D. Mehta, Sept. 3, 2018 - "The Trump administration has restricted the H-1B program by making it harder for employers to obtain an approval. It has done this without changing the law through Congress or amending any rule. Routine H-1B visa... Read More

Cyrus Mehta on Artificial Reproductive Technology and Transmission of American Citizenship: Is There Any Need For A Biological Link After Jaen v. Sessions?
Posted on 27 Aug 2018 by Daniel M. Kowalski

Cyrus Mehta, Aug. 27, 2018 - "When a child is born abroad to a US citizen parent, the Department of State (DOS) and U.S. Citizenship and Immigration Services (USCIS) has always insisted on a biological relationship with a US citizen parent in order... Read More

David Isaacson on Jaen v. Sessions: The Second Circuit Reminds Us That Government Manuals Aren’t Always Right
Posted on 22 Aug 2018 by Daniel M. Kowalski

David Isaacson, Aug. 21, 2018 - "For many years, the policy guidance of the Department of State (DOS) and U.S. Citizenship and Immigration S ervices (USCIS) has required that a child show a biological relationship with a U.S. citizen parent in order... Read More

Cyrus D. Mehta: USCIS Finalizes Unlawful Presence Policy Putting F, J And M Nonimmigrants In Great Jeopardy
Posted on 14 Aug 2018 by Daniel M. Kowalski

Cyrus D. Mehta, Aug. 13, 2018 - "The USCIS finalized its unlawful presence policy for F, J and M nonimmigrants on August 9, 2018. The final policy makes no significant changes from the draft policy of May 10, 2018. My earlier blog noted the flaws... Read More

“Vague Laws Invite Arbitrary Power”: Making the Case for Crimes Involving Moral Turpitude Being Void for Vagueness - Sophia Genovese
Posted on 25 Jul 2018 by Daniel M. Kowalski

Sophia Genovese, July 23, 2018 - "The Supreme Court in Sessions v. Dimaya , 138 S. Ct. 1204 (2018) dramatically held that one aspect of the crime of violence definition contained within of the aggravated felony provision of the Immigration and Nationality... Read More

Threading the Needle: Challenging Trump’s Travel Ban Despite Trump v. Hawaii - Cyrus Mehta & Sophia Genovese
Posted on 2 Jul 2018 by Daniel M. Kowalski

Threading the Needle: Challenging Trump’s Travel Ban Despite Trump v. Hawaii, July 2, 2018, Cyrus Mehta & Sophia Genovese - "On June 26, 2018, the US Supreme Court in a 5-4 decision in Trump v. Hawaii upheld President Trump’s travel... Read More

Heightened Ethical and Strategic Considerations for Business Immigration Attorneys Under USCIS’s New Removal Policy - Cyrus D. Mehta
Posted on 17 Jul 2018 by Daniel M. Kowalski

Cyrus D. Mehta, July 16, 2018 - "U.S. Citizenship and Immigration Services (USCIS) issued updated policy guidance on July 5, 2018, PM-602-0050.1 , that aligns its policy for issuing Form I-862, Notice to Appear, with the immigration enforcement priorities... Read More

How Trump Administration Officials Can Be Found Criminally Culpable For Separating Children From Parents - Cyrus Mehta & Sophia Genovese
Posted on 24 Jun 2018 by Daniel M. Kowalski

Cyrus Mehta & Sophia Genovese, June 24, 2018 - "The Trump Administration has continued to perpetuate the falsehood that immigrants are criminals, despite overwhelming evidence that communities are safer when immigrants arrive . Trump’s... Read More

The Ethical Role of Immigration Lawyers During the Trump Regime - Cyrus Mehta
Posted on 20 Dec 2016 by Daniel M. Kowalski

Cyrus Mehta, Dec. 19, 2016 - "... The role of the immigration lawyer has become ever more important since Trump winning the election, and the prospects for increased immigration enforcement after January 20, 2017 when Trump is President. While Trump... Read More

Brexit and Xenophobia vs. Immigration and Innovation - Cyrus Mehta
Posted on 1 Jul 2016 by Daniel M. Kowalski

Cyrus Mehta, July 1, 2016 - "In the backlash against globalization, as seen in the vote in favor of Brexit , there is an even more insidious backlash against immigration. The world has prospered because of the expansion of trade and technology, and... Read More

Analysis of Key Provisions of the USCIS High-Skilled Worker Final Rule - Cyrus Mehta
Posted on 21 Nov 2016 by Daniel M. Kowalski

Cyrus Mehta, Nov. 21, 2016 - "The Department of Homeland Security issued final regulations on November 17, 2016 entitled “ Retention of EB-1, EB-2 and EB-3 Immigrant Workers and Program Improvements Affecting High Skilled Nonimmigrant Workers... Read More

Immigration Perspectives On The Eve Of The 2016 Presidential Election - Cyrus Mehta
Posted on 6 Nov 2016 by Daniel M. Kowalski

Cyrus Mehta, Nov. 6, 2016 - "The United States has always prided itself as a nation of immigrants. Unfortunately, however, there has been disturbing rhetoric against immigrants and refugees in the current presidential election season. This has been... Read More