Immigration Law

Recent Posts

Limited Discovery in Consular Processing Litigation: Muñoz v. U.S. Dept. of State
Posted on 17 Apr 2019 by Daniel M. Kowalski

Merle Kahn writes: "The District Court for the Central District of California granted a discovery request in a consular processing case. [ Muñoz v. U.S. Dept. of State ] Generally, when I think about consular processing, I just think about... Read More

Former Trump Agency Models Allege Visa Violations
Posted on 31 Aug 2016 by Daniel M. Kowalski

James West, Mother Jones Magazine, Aug. 30, 2016 - "Republican nominee Donald Trump has placed immigration at the core of his presidential campaign. He has claimed that undocumented immigrants are "taking our jobs" and "taking our... Read More

Tags: visa , models , Trump

Does L.A. Dodgers Baseball Star Jose Peralta Need A Work Visa to Sign Autographs?
Posted on 10 Feb 2015 by Daniel M. Kowalski

"The immigration nightmare that Los Angeles Dodgers right-hander Joel Peralta recently endured is a strong example of why major league ballplayers always should carry their own baseball cards for identification. Peralta and his wife were stopped... Read More

Melania Trump Worked in U.S. Prior to Obtaining Work Visa
Posted on 5 Nov 2016 by Daniel M. Kowalski

ALICIA A. CALDWELL, CHAD DAY and JAKE PEARSON, Associated Press, Nov. 5, 2016 - "Melania Trump was paid for 10 modeling jobs in the United States worth $20,056 that occurred in the seven weeks before she had legal permission to work in the country... Read More

Tags: melania , work , visa , Trump

Visa Delays Separate Family
Posted on 30 Oct 2013 by Daniel M. Kowalski

"Getting into the country was not a problem for Davis and Jessica. As U.S. citizens, they can come and go as they please. They arrived Aug. 5, Davis said. But they had to leave Aminata, 22, behind. Davis said the couple tried to get Aminata a temporary... Read More

Computer Gamer viOLet Earns 'Athlete' Visa
Posted on 12 Dec 2013 by Daniel M. Kowalski

"As far as the United States government is concerned, eSports and traditional sports are equal. Five months after American immigration officials first cleared professional video game players to apply for the same visas as traditional athletes, the... Read More

NY Attorney General Shuts Down Unlicensed Visa Consultant
Posted on 11 Sep 2015 by Daniel M. Kowalski

NYAG, Sept. 8, 2015 - "Attorney General Eric T. Schneiderman announced today that his office reached an agreement with Entertainment Visa Consultant Company (EVC) and its CEO, David King. This agreement will resolve the Attorney General’s investigation... Read More

CA9 on Visa Denials: Cardenas v. U.S.
Posted on 21 Jun 2016 by Daniel M. Kowalski

Cardenas v. U.S., June 21, 2016 - "A consular officer denied the visa application of Rolando Mora-Huerta, a Mexican national, on the ground that he was a “gang associate” who intended to enter the United States to engage in unlawful conduct... Read More

USCIS Announces Revised Procedures for Determining Visa Availability for Applicants Waiting to File for Adjustment of Status
Posted on 9 Sep 2015 by Daniel M. Kowalski

USCIS, Sept. 9, 2015 - "USCIS, in coordination with Department of State (DOS), is revising the procedures for determining visa availability for applicants waiting to file for employment-based or family-sponsored preference adjustment of status. The... Read More

Aug. 19, 2016 DOS Cable: New Gonorrhea Testing Requirements for Visa Applicants
Posted on 24 Aug 2016 by Daniel M. Kowalski

UNCLASSIFIED 16 STATE 93130 - AUG 19, 2016 - "The Centers for Disease Control and Prevention (CDC) has updated its Technical Instructions for Gonorrhea for Panel Physicians: http://www.cdc.gov/immigrantrefugeehealth/exams/ti/panel/technicalinstructions... Read More

Advance Copy of DOS Final Rule: Visa Interview Waiver Authority
Posted on 9 Nov 2015 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 11/10/2015 - "This rule is promulgated to clarify the circumstances in which a consular officer and the Deputy Assistant Secretary for Visa Services may waive the requirement for... Read More

AACRAO Urges Resistance to DOS Data Collection from Visa Applicants
Posted on 17 May 2017 by Daniel M. Kowalski

[From an email dated May 16, 2017 from AACRAO ] "Colleagues, We would like to draw your attention to the Notice of Information Collection under OMB Emergency Review: Supplemental Questions for Visa Applicants (DS-5535), published at 82 Federal... Read More

Advance Copy of DOS Interim Final Rule: Visa and Citizenship Services Fee Changes
Posted on 27 Aug 2014 by Daniel M. Kowalski

"The Department of State amends the Schedule of Fees for Consular Services (Schedule) for certain nonimmigrant visa application processing fees, certain immigrant visa application processing and special visa services fees, and certain citizenship... Read More

Family Members of Asylum Seekers – Beware!
Posted on 19 Apr 2014 by Daniel M. Kowalski

"The sister of my asylum-seeker client recently got an unpleasant surprise from the U.S. Embassy in her country. The sister is a prominent journalist who had come to the Embassy several times (at the Embassy’s request) to brief U.S. diplomats... Read More

Advance Copy of DHS H-2A Interim Final Rule: Elimination of NIV Exemption for Certain Caribbean Applicants
Posted on 5 Feb 2016 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 02/08/2016 - "This interim final rule revises Department of Homeland Security regulations to eliminate the nonimmigrant visa exemption for certain Caribbean residents seeking to... Read More

Tags: visa , Caribbean , H-2A