Immigration Law

Recent Posts

DHS Waives Environmental Laws to Build Border Barriers Near San Diego
Posted on 8 Feb 2019 by Daniel M. Kowalski

Federal Register / Vol. 84, No. 27 / Friday, February 8, 2019 "The Secretary of Homeland Security has determined, pursuant to law, that it is necessary to waive certain laws, regulations, and other legal requirements in order to ensure the expeditious... Read More

CA6 on Asylum, Waiver, Jurisdiction: Hussam F. v. Sessions
Posted on 27 Jul 2018 by Daniel M. Kowalski

Hussam F. v. Sessions - "Four years ago, Petitioner came to the United States on a K-1 fiancé visa, using a Syrian passport. Although he was a Syrian citizen, his family had fled Syria decades ago to escape persecution. Petitioner therefore... Read More

Immigration Attorney of the Week: Brennan Gian-Grasso
Posted on 12 Oct 2017 by Daniel M. Kowalski

Samantha Schmidt, WaPo, Oct. 12, 2017 - "For nearly 11 months, Javier Flores Garcia’s world fit inside the basement of a Philadelphia church. The Mexican father of three spent 24 hours a day within the church’s walls, unable to support... Read More

CA7 on Fraud Waiver: Acquaah v. Sessions
Posted on 6 Nov 2017 by Daniel M. Kowalski

Acquaah v. Sessions, Nov. 6, 2017 - "The Board erred when it treated the absence of a specific fraud charge as dispositive over the availability of a fraud waiver under § 1227(a)(1)(H). It should have considered whether the charge sustained... Read More

DHS Waives Laws to Build Roads, Barriers on Border Near El Paso
Posted on 22 Jan 2018 by Daniel M. Kowalski

Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 - "The Secretary of Homeland Security has determined, pursuant to law, that it is necessary to waive certain laws, regulations and other legal requirements in order to ensure the expeditious... Read More

CA7 on IJ Waiver Authority: Baez-Sanchez v. Sessions
Posted on 6 Oct 2017 by Daniel M. Kowalski

Baez-Sanchez v. Sessions, Oct. 6, 2017 - "This proceeding begins where L.D.G. v. Holder, 744 F.3d 1022 (7th Cir. 2014), ends. ... The BIA in Khan did not identify any provision that subtracts from the delegation in §1003.10(a). Nor did the Third... Read More

DACA Recipient Stranded in Mexico Sues to Reunite with Husband in the U.S.
Posted on 12 Apr 2018 by Daniel M. Kowalski

NILC, Apr. 10, 2018 - "A married couple separated by a failure of the U.S. immigration system today filed a federal lawsuit asking the court to allow them to reunite and continue their lives together at home in Los Angeles, Calif. Marco Villada... Read More

Tags: daca , waiver , villada , lawsuit , nilc

BIA on 212(h) - Matter of Vella, 27 I&N Dec. 138 (BIA 2017)
Posted on 13 Oct 2017 by Daniel M. Kowalski

Matter of Vella, 27 I&N Dec. 138 (BIA 2017) - An alien “has previously been admitted to the United States as an alien lawfully admitted for permanent residence” within the meaning of section 212(h) of the Immigration and Nationality Act... Read More

Tags: waiver , bia , 212(h)

DHS Waives Environmental Regulations for Border Wall Construction
Posted on 2 Aug 2017 by Daniel M. Kowalski

Federal Register / Vol. 82, No. 147 / Wednesday, August 2, 2017 - "The Secretary of Homeland Security has determined, pursuant to law, that it is necessary to waive certain laws, regulations and other legal requirements in order to ensure the expeditious... Read More

CA11 on Waiver Authority: Meridor v. U.S. Attorney General
Posted on 8 Jun 2018 by Daniel M. Kowalski

Meridor v. U.S. Attorney General - "Finest Meridor, a native and citizen of Haiti, seeks review of the Board of Immigration Appeals’ (BIA) final order of removal. That order vacated the order of an immigration judge (IJ), which had granted... Read More

Two New AAO I-601 Hardship Waiver Victories
Posted on 16 Nov 2017 by Daniel M. Kowalski

Alan Lee writes : "The law firm won two recent non-precedential decisions at the U.S.C.I.S. Administrative Appeals Office which sided with us in our appeals of I-601 denials. An I-601 approval is required to waive grounds of inadmissibility, which... Read More

Tags: lee , waiver , AAO , hardship , China

Lawsuit Filed Against CSC to Halt RFE Crisis in I-612 Hardship, Persecution Waivers - Schmitt v. Johnson
Posted on 18 Oct 2016 by Daniel M. Kowalski

Brian Schmitt, Oct. 18, 2016 - "From April 29, 2016 to present, Hake & Schmitt has received 10 hostile and abusive Requests for Evidence (RFEs) in I-612 hardship and persecution waiver applications. All 10 of the RFEs violated USCIS policy on... Read More

Tags: i-612 , waiver , schmitt , csc , hake , rfe , lawsuit

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

Family Unity Waiver: A Grassroots Toolkit on Changes to the 3- and 10-year Bar
Posted on 31 May 2012 by Daniel M. Kowalski

"On Friday, January 6, 2012 President Obama and the United States Citizenship and Immigration Service (USCIS) announced their intent to change United States immigration policy in order to help keep families together during sometimes lengthy... Read More

Tags: bars , waiver , toolkit