Immigration Law

Recent Posts

Unlawful Presence Inadmissibility News!
Posted on 15 Jun 2022 by Daniel M. Kowalski

Joint Status Report, Velasco de Gomez v. USCIS, May 25, 2022 "USCIS intends to modify its interpretation of 8 U.S.C. § 1189(a)(9)(B) to no longer require an applicant for adjustment to spend his or her period of inadmissibility outside of... Read More

Feds Withdraw Guilford College Appeal
Posted on 5 Aug 2020 by Daniel M. Kowalski

DHS has withdrawn its appeal to the Circuit Court of Appeals for the Fourth Circuit. Thus, the Feb. 6, 2020 permanent nationwide injunction is the final word. Here is Ron Klasko's Feb. 18, 2020 essay on why the decision is so important. Statement... Read More

Cyrus Mehta on the Guilford College (Unlawful Presence) Injunction
Posted on 14 May 2019 by Daniel M. Kowalski

Cyrus Mehta and Amani M. Abuhamra, May 11, 2019 "In a promising development for F, J, and M nonimmigrants battling unlawful presence policy, a federal district court in North Carolina has granted a preliminary injunction preventing USCIS from enforcing... Read More

Federal Court Enjoins Aug. 2018 USCIS 'Unlawful Presence' Policy Memo: Guilford College v. USCIS
Posted on 3 May 2019 by Daniel M. Kowalski

Guilford College v. USCIS, May 3, 2019 "Plaintiffs’ lawsuit relates to the U.S. Citizenship and Immigration Services’ (“USCIS”) issuance and application of the August 9, 2018 Policy Memorandum, PM-602-1060.1 , titled “Accrual... Read More

To Leave Or Not To Leave: The Devastating Impact of USCIS’s Unlawful Presence Policy on Foreign Students - Cyrus Mehta
Posted on 28 Jan 2019 by Daniel M. Kowalski

Cyrus Mehta, Jan. 28, 2019 "The new USCIS Policy on Unlawful Presence for F, J and M Nonimmigrants took effect on August 9, 2018. This policy has had the effect of rendering nonimmigrants in F, J and M status, mainly students, unlawfully present... Read More

Guilford College v. Nielsen - Colleges Sue USCIS Over 'Unlawful Presence' Policy Memo
Posted on 24 Oct 2018 by Daniel M. Kowalski

Suzanne Monyak, Law360, Oct. 23, 2018 - "A group of higher education institutions, including Haverford College and The New School, challenged a recent Trump administration policy that could open up more international students to harsh immigration... 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

Cyrus D. Mehta on USCIS' Unlawful Presence Policy Memo
Posted on 12 May 2018 by Daniel M. Kowalski

Cyrus D. Mehta, May 12, 2018 - "U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum on May 10, 2018, “ Accrual of Unlawful Presence and F, J, and M Nonimmigrants .” The memo abruptly revises previous policy guidance... Read More

New USCIS DRAFT Policy Memo Takes Harder Line on Accrual of Unlawful Presence for Fs, Js and Ms (May 11, 2018)
Posted on 11 May 2018 by Daniel M. Kowalski

USCIS, May 11, 2018 - "U.S. Citizenship and Immigration Services (USCIS) today posted a [DRAFT] policy memorandum changing how the agency will calculate unlawful presence for students and exchange visitors in F, J, and M nonimmigrant status, including... Read More

DHS Final Rule: Expansion of Provisional Unlawful Presence Waivers of Inadmissibility
Posted on 29 Jul 2016 by Daniel M. Kowalski

Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 - "This final rule, consistent with the Immigration and Nationality Act (INA), expands the class of individuals who may be eligible for a provisional waiver of certain grounds of inadmissibility... Read More

USCIS Announces Final Rule to Support Family Unity During Waiver Process
Posted on 2 Jan 2013 by Daniel M. Kowalski

USCIS, Jan. 2, 2013 - " Secretary of Homeland Security Janet Napolitano today announced the posting of a final rule in the Federal Register that reduces the time U.S. citizens are separated from their immediate relatives (spouse, children and parents... Read More

Telecon Today, Wednesday, January 2, 2013 @ 3:00 p.m. (Eastern) re Provisional Unlawful Presence Waiver Process
Posted on 2 Jan 2013 by Daniel M. Kowalski

Final Rule: Provisional Unlawful Presence Waiver Process - Wednesday, January 2, 2013 @ 3:00 p.m. (Eastern) "U.S. Citizenship and Immigration Services (USCIS) and the Department of State invite you to participate in a stakeholder teleconference... Read More

Advance Copy of USCIS Final Rule to Support Family Unity During Waiver Process
Posted on 2 Jan 2013 by Daniel M. Kowalski

"On April 2, 2012, U.S. Citizenship and Immigration Services (USCIS) published a proposed rule to amend its regulations to allow certain immediate relatives of U.S. citizens who are physically present in the United States to request provisional unlawful... Read More

AILA Memo to CBP re Unlawful Presence
Posted on 20 Mar 2014 by Daniel M. Kowalski

"The American Immigration Lawyers Association renews its request that CBP adopt the interpretation of unlawful presence for non-controlled aliens enunciated by USCIS." - AILA, Mar. 18, 2014 . Read More

USCIS Proposed Rule: Expansion of Provisional Unlawful Presence Waivers of Inadmissibility
Posted on 22 Jul 2015 by Daniel M. Kowalski

"The Department of Homeland Security (DHS) proposes to expand eligibility for provisional waivers of certain grounds of inadmissibility based on the accrual of unlawful presence to all aliens who are statutorily eligible for a waiver of such grounds... Read More