Immigration Law

Recent Posts

Hazleton, Farmers Branch Petition USSC for Writs of Certiorari
Posted on 2 Nov 2013 by Daniel M. Kowalski

"A city in Pennsylvania and one in Texas have petitioned the U.S. Supreme Court to consider whether they are allowed to enact legislation preventing those illegally living in the country from renting property in their cities — and in the Pennsylvania... Read More

USCIS: Important Information on Form I-129 H-1B, H-2A, and H-2B Petitions
Posted on 20 Oct 2013 by Daniel M. Kowalski

"If an H-1B, H-2A, or H-2B petitioner submits evidence establishing that the primary reason for failing to timely file an extension of stay or change of status request was due to the government shutdown, USCIS will consider the government shutdown... Read More

DOS Final Rule: No Petition Needed for Mexican TNs
Posted on 9 Feb 2014 by Daniel M. Kowalski

"The Department of State amends its regulation pertaining to The North American Free Trade Agreement (NAFTA), by removing the petition requirement for citizens of Mexico applying for nonimmigrant visa classification as NAFTA professionals. The rule... Read More

CA11 on Standing, Jurisdiction (I-140 Revocation) - Kurapati v. USCIS
Posted on 23 Sep 2014 by Daniel M. Kowalski

"Sunil Kurapati and his wife Bharathi Mallidi, natives and citizens of India, appeal from the district court’s dismissal for lack of subject matter jurisdiction of their complaint challenging the U.S. Citizenship and Immigration Services’... Read More

Feb. 7th USCIS Stakeholder Engagement: Approval of Petitions and Applications after the Death of a Qualifying Relative
Posted on 25 Jan 2013 by Daniel M. Kowalski

"Dear Stakeholder, The U.S. Citizenship and Immigration Services (USCIS) Public Engagement Division invites interested individuals to participate in a stakeholder engagement on Thur sday, February 7 from 2:00 to 4:00 p.m. (Eastern) . USCIS... Read More

Supreme Court Amicus Briefs Filed in 212(c) Cert. Pet. - Acebo-Leyva v. Holder
Posted on 27 Feb 2014 by Daniel M. Kowalski

"On Monday, twenty-six law professors from around the country urged the United States Supreme Court to grant certiorari to resolve crucial questions of how lower courts should analyze the retroactive application of immigration laws. The amicus brief... Read More

Advance Copy of DOS Final Rule: No Petition Needed for TN Visa for Mexicans
Posted on 7 Feb 2014 by Daniel M. Kowalski

"The Department of State amends its regulation pertaining to The North American Free Trade Agreement (NAFTA), by removing the petition requirement for citizens of Mexico applying for nonimmigrant visa classification as NAFTA professionals. The rule... Read More

Petition for Rehearing Filed in Cuellar de Osorio: Decision Based on Mistake
Posted on 6 Jul 2014 by Daniel M. Kowalski

"The plurality’s decision in this case was based on a mistake that cuts to the heart of its analysis. The plurality acknowledged that if an aged-out child could retain his original priority date without automatic conversion then the BIA... Read More

Advance Copy of DHS Interim Final Rule: Petitions for Rulemaking
Posted on 20 Jul 2016 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 07/21/2016 - "Pursuant to the Administrative Procedure Act, the Department of Homeland Security (DHS or Department) is adopting a process under which interested persons may petition... Read More

Tags: petition , rulemaking , APA , DHS

Kids for Kids Petition: Sandra Grossman
Posted on 17 Sep 2014 by Daniel M. Kowalski

Sandra Grossman writes: "I just returned from a heartbreaking trip to the southern border where I helped provide legal services to immigrant women and children detained at a federal facility in Artesia, New Mexico. My children, Andres (10) and Sofia... Read More

Farewell to 'Owlcatraz'
Posted on 2 Apr 2013 by Daniel M. Kowalski

"Just hours after the latest student protest, Boca-Raton based GEO Group on Monday withdrew its planned $6 million gift to Florida Atlantic University, a gift that would have put its name on the school’s football stadium. Controversy had dogged... Read More

Can Piers Morgan Be Deported For His Comments on Gun Control?
Posted on 25 Dec 2012 by Daniel M. Kowalski

"At the time of writing this blog, more than 48,000 people have signed a petition on the White House website asking that CNN talk show host be deported for his comments on gun control in the wake of the mass shootings at Sandy Hook school. According... Read More

A Company That Runs Immigration Jails Will Have Its Name on a Stadium
Posted on 20 Feb 2013 by Daniel M. Kowalski

"In recent years, where stadium naming rights could be sold, universities and professional sports teams have sold them — to airlines and banks and companies that sell beer, soda, doughnuts, cars, telecommunications, razors and baseball bats... Read More

Restaurant Asks Supreme Court to Rubber-Stamp Slave Wages
Posted on 11 Dec 2013 by Daniel M. Kowalski

"A Kansas City, Mo., restaurant has asked the U.S. Supreme Court to determine whether immigrants living in the country illegally can recover overtime and minimum wage under federal employment law, in a case involving admitted noncitizen Guatemalan... Read More

Administration Refuses to Allow Court Review of Asylum Seekers' Detention
Posted on 24 Mar 2012 by Daniel M. Kowalski

"The Department of Justice has refused to issue regulations that would allow immigration judges to decide whether to detain asylum seekers who are determined to have viable cases and pose no threat to society. The administration released its... Read More