Immigration Law

Recent Posts

Residence in the Twilight Zone: Are USCIS and the State Department Trying to Encourage Some U.S. Citizen Parents to Get Divorced?
Posted on 9 Oct 2019 by Daniel M. Kowalski

David Isaacson, Oct. 7, 2019 "Under section 301(c) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1401(c) , a child born outside the United States is a citizen when born “of parents both of whom are citizens of the United States... Read More

USCIS Cites to 1911 'Cruel Injustice' Case to Support Public Charge Rule
Posted on 20 Aug 2019 by Daniel M. Kowalski

David Isaacson, Aug. 20, 2019 “An Act of Cruel Injustice”: If the Trump Administration is Relying on Grudging Court Acceptance of Cruel Results as Support for the New Public Charge Rule, What Does That Say About the Rule? ... Read More

Habeas After Expedited Removal - David Isaacson
Posted on 8 May 2019 by Daniel M. Kowalski

David Isaacson, May 7, 2019 "In 2011, I wrote an article on our firm’s website about how then-recent case law could provide an opportunity for some returning nonimmigrants to challenge, in federal court, the government’s efforts to... Read More

The Border Patrol Needs to Brush Up on the Law
Posted on 15 Feb 2019 by Daniel M. Kowalski

David Isaacson, Feb. 12, 2019 "In late January, Oregon comedian Mohanad Elshieky was briefly detained by the Border Patrol while traveling on a Greyhound bus in Spokane, Washington. He recounted the incident on Twitter , and it was also reported... 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

What Comes Next: Potential Relief Options After the Termination of TPS
Posted on 18 Jan 2018 by Daniel M. Kowalski

David Isaacson, Jan. 17, 2018 - "With the recent announcement that the Trump Administration will terminate Temporary Protected Status (TPS) for more than 200,000 citizens of El Salvador effective September 2019 after previously terminating TPS for... Read More

David Isaacson on the SUCCEED Act
Posted on 11 Oct 2017 by Daniel M. Kowalski

David Isaacson, Oct. 10, 2017 - "Following the Trump Administration’s decision in September to end the Deferred Action for Childhood Arrivals (DACA) program , President Trump suggested in a Tweet that Congress should “legalize DACA”... Read More

Ebola and Immigration Law
Posted on 14 Oct 2014 by Daniel M. Kowalski

What is the law governing the arrival of citizens, green card holders, and foreigners with tourist or student visas, who might - or might not - have communicable diseases? Cyrus D. Mehta and David A. Isaacson answer those questions . It's more interesting... Read More

Expansion of the Provisional Waiver: Good News, But Could Be Better - David Isaacson
Posted on 27 Sep 2016 by Daniel M. Kowalski

David Isaacson, Sept. 26, 2016 - "On July 29, 2016, USCIS published in the Federal Register the final version of a previously-proposed rule expanding the provisional waiver program. The new rule, Expansion of Provisional Unlawful Presence Waivers... Read More

David A. Isaacson: How Recent Changes to the Visa Waiver Program Go Too Far
Posted on 24 Dec 2015 by Daniel M. Kowalski

David A. Isaacson, Dec. 23, 2015 - " Section 203 of Division O of the recently enacted Consolidated Appropriations Act, 2016 , which funds the U.S. government for the remainder of the current 2016 fiscal year (through September 2016), also adds new... Read More

David Isaacson: An Eventful Thursday for Immigration Law at the Supreme Court: United States v. Texas, Mathis v. United States, and What’s Next
Posted on 28 Jun 2016 by Daniel M. Kowalski

David Isaacson, June 28, 2016 - " On Thursday, June 23, the U.S. Supreme Court issued two decisions of significance to immigration law: a 4-4 affirmance without opinion in United States v. Texas , and a 5-3 decision in Mathis v. United States . The... Read More

David Isaacson Unpacks the Provisional Waiver Final Rule
Posted on 7 Jan 2013 by Daniel M. Kowalski

"One year ago, a previous post on this blog by Cyrus Mehta and this author discussed the issuance by USCIS of a proposed rule allowing certain applicants for a waiver of the 3- or 10-year bars to obtain such a waiver on a provisional basis before... Read More

Mehta & Isaacson: Hidden Silver Linings in Cuellar de Osorio?
Posted on 10 Jun 2014 by Daniel M. Kowalski

"Cuellar de Osorio does contain some seeds of hope for better outcomes in the future. ... [A] majority of the Court agrees that the meaning of §1153(h)(3) is an ambiguity subject to Chevron deference, rather than suggesting, as the Second Circuit... Read More

Cyrus D. Mehta & David A. Isaacson - How About Porting Labor Certs?
Posted on 2 Mar 2016 by Daniel M. Kowalski

Cyrus D. Mehta & David A. Isaacson, Mar. 1, 2016 - "It would also be highly desirable for beneficiaries of such approved I-140 petitions to exercise job portability, and not be required to re-start the labor certification process through a new... Read More

The Prejudice Caused by Summary Removal After Visa Waiver Admission: What the Third Circuit Missed in Vera and Bradley
Posted on 16 Mar 2012 by Daniel M. Kowalski

"In its decision earlier this month in the case of Vera v. Attorney General of the U.S ., the U.S. Court of Appeals for the Third Circuit held that a woman who had entered the United States at the age of 12 under the Visa Waiver Program (VWP... Read More