Immigration Law

Recent Posts

Two New EOIR Policy Memos (Feb. 13, 2020)
Posted on 14 Feb 2020 by Daniel M. Kowalski

PM 20-08 Definitions and Use of Adjournment, Call-Up and Case Identification Codes PM 20-09 The Immigration Court Practice Manual and Orders Read More

Recent EOIR Policy Memos
Posted on 19 Aug 2019 by Daniel M. Kowalski

1. July 15, 2019, Guidelines Regarding New Regulations Governing Asylum and Protection Claims 2. Aug. 16, 2019, Use of Status Dockets 3. Aug. 16, 2019, Allegations of Misconduct by EOIR Adjudicators and Ex Parte Communications Read More

Tags: policy memo , eoir

USCIS NTA Policy Memo Update (Nov. 8, 2018)
Posted on 8 Nov 2018 by Daniel M. Kowalski

USCIS, Nov. 8, 2018 - "On June 28, 2018, USCIS issued a new Notice to Appear (NTA) policy memorandum (PM) (PDF, 140 KB) providing guidance on when USCIS may issue Form I-862, Notice to Appear. An NTA is a document that instructs an individual to... Read More

USCIS Policy Memo: Rescission of Guidance Regarding Deference to Prior Determinations of Eligibility in the Adjudication of Petitions for Extension of Nonimmigrant Status
Posted on 24 Oct 2017 by Daniel M. Kowalski

USCIS, Oct. 3, 2017 - Rescission of Guidance Regarding Deference to Prior Determinations of Eligibility in the Adjudication of Petitions for Extension of Nonimmigrant Status "This policy memorandum (PM) supersedes and rescinds the April 23, 2004... Read More

USCIS Policy Memo: Contracts and Itineraries Requirements for H-1B Petitions Involving Third-Party Worksites (Feb. 22, 2018)
Posted on 23 Feb 2018 by Daniel M. Kowalski

USCIS, Feb. 22, 2018 - "This policy memorandum (PM) establishes U.S. Citizenship and Immigration Services (USCIS) policy relating to H-1B petitions filed for workers who will be employed at one or more third-party worksites." Read More

USCIS Posts 2 New 'Material Support' Policy Memos; May 8, 2015
Posted on 19 May 2015 by Daniel M. Kowalski

PM-602-0112, May 8, 2015 - Implementation of the Discretionary Exemption Authority under Section 212(d)(3)(B)(i) of the Immigration and Nationality Act for the Provision of Certain Limited Material Support PM-602-0113, May 8, 2015 - Implementation... Read More

The Empire Strikes Back: USCIS Rescinds Deference To Prior Approvals In Extension Requests - Cyrus D. Mehta
Posted on 30 Oct 2017 by Daniel M. Kowalski

Cyrus D. Mehta, Oct. 30, 2017 - "The Trump administration is deriving great pleasure in causing pain to people who wish to lawfully come to the United States and remain here lawfully. It has caused H-1B carnage as more H-1B visa petitions are being... Read More

USCIS Policy Memo: Signatures on Paper Applications, Petitions, Requests, and Other Documents Filed with USCIS
Posted on 19 Feb 2018 by Daniel M. Kowalski

USCIS, Feb. 15, 2018 - "This policy memorandum (PM) finalizes the interim memorandum under the same title issued by U.S. Citizenship and Immigration Services (USCIS) on June 7, 2016. It provides the current USCIS policy regarding the signature requirement... Read More

Immigration Progress: A Good EB-5 Policy Memo Could Still Be Better
Posted on 12 Jun 2013 by Daniel M. Kowalski

Angelo A. Paparelli writes: " French philosopher and aphorist, François-Marie Arouet, better known by his nom de plume , Voltaire , wrote in Italian that "Il meglio è l'inimico del bene [the perfect is the enemy of the good... Read More

USCIS Policy Memo: Taiwan Pre-Adoption Immigration Review
Posted on 27 Feb 2013 by Daniel M. Kowalski

"This policy memorandum (PM) implements the Pre-Adoption Immigration Review (PAIR) in Taiwan of Form I-600, Petition to Classify Orphan as an Immediate Relative (“Form I-600”), filed on behalf of children from, and physically located... Read More

ABIL Submits Comment to USCIS Draft 'Same or Similar' Policy Memo
Posted on 8 Jan 2016 by Daniel M. Kowalski

Sharon Mehlman, Cyrus Mehta and Angelo Paparelli on behalf of the Alliance of Business Immigration Lawyers, Jan. 4, 2015 - "The Alliance of Business Immigration Lawyers (ABIL) is pleased to provide feedback to the USCIS Draft Policy Memorandum, PM... Read More

USCIS Policy Memo: CSPA Priority Date Retention Guidance
Posted on 22 Nov 2013 by Daniel M. Kowalski

USCIS, Nov. 21, 2013 : Guidance to USCIS Offices on Handling Certain Family-Based Automatic Conversion and Priority Date Retention Requests Pending a Supreme Court Ruling on Mayorkas v. Cuellar de Osorio Read More

USCIS Policy Memo: Adjudication of Adjustment of Status Applications for Individuals Admitted to the United States Under the Visa Waiver Program
Posted on 20 Nov 2013 by Daniel M. Kowalski

"This policy memorandum (PM) provides guidance on the adjudication of Form I-485, Application to Register or Adjust Status, filed by immediate relatives of U.S. citizens who were last admitted under the Visa Waiver Program (VWP). This PM updates... Read More

USCIS Policy Memo: Qualifying U.S. Work Experience for Special Immigrant Religious Workers
Posted on 14 Jul 2015 by Daniel M. Kowalski

"On April 7, 2015, the U.S. Court of Appeals for the Third Circuit, in Shalom Pentecostal Church v. Acting Secretary DHS, 783 F.3d 156 (3d Cir. 2015), found the regulatory requirements that qualifying work experience gained in the United States must... Read More