Immigration Law

Recent Posts

USCIS Updates Guidance for O-1 Petitions with a Focus on STEM Fields
Posted on 22 Jul 2022 by Daniel M. Kowalski

USCIS, July 22, 2022 "U.S. Citizenship and Immigration Services today updated its Policy Manual to provide further guidance on evidence that can be used to support a petition for an O-1A nonimmigrant of extraordinary ability with a focus on science... Read More

USCIS Policy Alert: 212(a)(9)(B) Policy Manual Guidance
Posted on 27 Jun 2022 by Daniel M. Kowalski

USCIS, June 24, 2022 "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual on inadmissibility under section 212(a)(9)(B) of the Immigration and Nationality Act (INA), specifically, the effect of... Read More

USCIS Policy Alert: Adoptions
Posted on 19 Nov 2021 by Daniel M. Kowalski

USCIS, Nov. 19, 2021 "U.S. Citizenship and Immigration Services (USCIS) is publishing a volume in the USCIS Policy Manual regarding adoptions. This guidance incorporates basic requirements for the submission of adoption-based applications and petitions... Read More

USCIS Policy Manual Technical Update: EB-5 Modernization Rule Vacatur
Posted on 16 Jul 2021 by Daniel M. Kowalski

USCIS, July 15, 2021 "This technical update explains that on June 22, 2021, the U.S. District Court for the Northern District of California, in Behring Regional Center LLC v. Wolf , 20-cv-09263-JSC, vacated the EB-5 Immigrant Investor Program Modernization... Read More

USCIS Issues Policy Guidance on Deference to Previous Decisions
Posted on 27 Apr 2021 by Daniel M. Kowalski

USCIS, Apr. 27, 2021 "USCIS is issuing policy guidance in the USCIS Policy Manual instructing officers to give deference to prior determinations when adjudicating extension requests involving the same parties and facts unless there was a material... Read More

EOIR Policy Manual Now Interactive
Posted on 25 Mar 2021 by Daniel M. Kowalski

EOIR, Mar. 18, 2021 "The Executive Office for Immigration Review (EOIR) is pleased to present its first comprehensive interactive Policy Manual. The Policy Manual highlights the processes involved in the agency’s mission to adjudicate immigration... Read More

USCIS Policy Alert: Refugee and Asylee Adjustment of Status Interview Criteria and Guidelines
Posted on 15 Dec 2020 by Daniel M. Kowalski

USCIS, Dec. 15, 2020 "U.S. Citizenship and Immigration Services (USCIS) is updating guidance in the USCIS Policy Manual regarding adjustment of status interview waiver categories and expanding the interview criteria for asylee and refugee adjustment... Read More

USCIS Policy Manual "Technical" Updates (Dec. 8, 2020)
Posted on 8 Dec 2020 by Daniel M. Kowalski

USCIS, Dec. 8, 2020 " Technical Update - Incorporating Existing Guidance into the Policy Manual Technical Update - Clarifying Acquisition of Citizenship Requirement in Nationality Chart 2 for Children Born Out of Wedlock Before May 24, 1934... Read More

More USCIS Naturalization Policy Manual Updates (Nov. 18, 2020)
Posted on 18 Nov 2020 by Daniel M. Kowalski

USCIS Policy Alert, Nov. 18, 2020 - Prerequisite of Lawful Admission for Permanent Residence under All Applicable Provisions for Purposes of Naturalization See Nov. 18, 2020 changes to: - Vol. 12, Part B, Chap. 4 - Results of the Naturalization Examination... Read More

USCIS on Maintaining Status
Posted on 17 Nov 2020 by Daniel M. Kowalski

USCIS, Nov. 17, 2020 - Vol. 7, Chapter 4 - Status and Nonimmigrant Visa Violations (INA 245(c)(2) and INA 245(c)(8)) Read More

USCIS Policy Alert: Use of Discretion for Adjustment of Status
Posted on 17 Nov 2020 by Daniel M. Kowalski

USCIS, Nov. 17, 2020 "U.S. Citizenship and Immigration Services (USCIS) is updating existing policy guidance in the USCIS Policy Manual regarding the discretionary factors to consider in adjudications of adjustment of status applications."... Read More

USCIS Revises Communist/Totalitarian Party Membership Policy
Posted on 3 Oct 2020 by Daniel M. Kowalski

USCIS, Oct. 2, 2020 "The inadmissibility ground for membership in or affiliation with the Communist or any other totalitarian party is part of a broader set of laws passed by Congress to address threats to the safety and security of the United... Read More

USCIS Policy Manual Updates (Sept. 17, 2020)
Posted on 17 Sep 2020 by Daniel M. Kowalski

On Sept. 15, 2020, USCIS posted three Policy Manual Updates: Continuous Residence, Naturalization, Vol. 12, Part D, Chap. 3 Athletes and Entertainers (P), Vol. 2, Part N Aliens of Extraordinary Ability or Achievement (O), Vol. 2, Part M On Sept... Read More

USCIS EB-5 Policy Alert (July 24, 2020)
Posted on 24 Jul 2020 by Daniel M. Kowalski

USCIS, July 24, 2020 - Clarifying Guidance for Deployment of Capital in Employment-Based Fifth Preference (EB-5) Category "U.S. Citizenship and Immigration Services (USCIS) is issuing clarifying policy guidance in the USCIS Policy Manual regarding... Read More

USCIS "Public Charge" Policy Manual Update (June 16, 2020)
Posted on 17 Jun 2020 by Daniel M. Kowalski

USCIS, June 16, 2020 "This technical update removes the WA Food Assistance Program for Legal Immigrants from the list of examples of state, local, and tribal cash assistance programs that are considered income maintenance for purposes of the public... Read More