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Daniel M. Kowalski
4 months ago
Immigration Law
Inside News
CA6 on U Visa Waitlisting: Barrios Garcia v. DHS
Barrios Garcia v. DHS "Edmer Eudulio Barrios Garcia, Doublas Arguijo, Ardiles Yasdami Mendez Mendez, and Sudhaben Pankajkumar Patel are noncitizens. They were victims of grave crimes; they cooperated with law enforcement. They applied for U visas...
Daniel M. Kowalski
5 months ago
Immigration Law
Inside News
CA4 on Abuse of Discretion, Continuances: Garcia Cabrera v. Garland
Garcia Cabrera v. Garland "This petition arises out of an immigration judge’s (IJ) refusal (affirmed by the Board of Immigration Appeals (BIA)) to continue the deportation proceedings of a movant that the IJ himself recognized was likely...
Daniel M. Kowalski
7 months ago
Immigration Law
Inside News
Certain Petitioners for U Nonimmigrant Status May Receive a Refund for Applications for Employment Authorization Submitted Before Sept. 30, 2021
USCIS, Nov. 22, 2021 "USCIS mistakenly rejected certain applications for employment authorization ( Form I-765, Application for Employment Authorization ) from petitioners for U nonimmigrant status that were filed without a fee (or request for...
Daniel M. Kowalski
7 months ago
Immigration Law
Inside News
AAO U VIsa Victory
AAO, Oct. 28, 2021 "The Director of the Nebraska Service Center denied the Form I-918, Petition for U Nonimmigrant Status (U petition), concluding that the Petitioner did not establish that she was the victim of a qualifying crime. The matter is...
Daniel M. Kowalski
9 months ago
Immigration Law
Inside News
Massive U Visa and APA Victory: Barrios Garcia v. DHS (CA6)
Barrios Garcia v. DHS "Plaintiffs have sufficiently alleged that USCIS has unreasonably delayed the adjudication of their U-visa applications. Because the BFD process was issued after Plaintiffs’ complaints were filed, Plaintiffs should be...
Daniel M. Kowalski
10 months ago
Immigration Law
Inside News
Unpub. CA5 U Visa Remand Victory: Espinal-Lagos v. Garland
Espinal-Lagos v. Garland "Kevelin Danery Espinal-Lagos and her two minor sons were ordered removed to Honduras by an Immigration Judge. While their appeal was pending before the Board of Immigration Appeals, the petitioners filed derivative U visa...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
USCIS Policy Memo: Bona Fide Determination Process for Victims of Qualifying Crimes, and Employment Authorization and Deferred Action for Certain Petitioners
USCIS, June 14, 2021 "U.S. Citizenship and Immigration Services (USCIS) is publishing guidance in the USCIS Policy Manual on employment authorization and deferred action for principal petitioners for U nonimmigrant status and qualifying family...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
CA1 on U Visa Waitlist: Granados Benitez v. Wilkinson
Granados Benitez v. Wilkinson "Petitioner Carlos Antonio Granados Benitez seeks review of the Board of Immigration Appeals' ("BIA" or "Board") denial of his motion to reopen his removal proceedings and to remand to the immigration...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
CA9 (En Banc) on U Visas: Medina Tovar v. Zuchowski
Medina Tova v. Zuchowski "On de novo review, Herrera v. USCIS, 571 F.3d 881, 885 (9th Cir. 2009), we hold that 8 C.F.R. § 214.14(f)(4) is not a permissible interpretation of the governing statute insofar as it requires that spouses be married...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Outside News
Lawsuit Challenges Harmful ICE Policies Which Put Victims of Crime at Higher Risk of Removal
ASISTA, Feb. 13, 2020 "Changes to Immigration and Customs Enforcement (ICE) policy were announced August 2, 2019 that create significant additional barriers for victims of crime who cooperate with law enforcement in the investigation and prosecution...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
CA7 Scorches BIA: Baez-Sanchez II
Baez-Sanchez v. Barr "On [a previous] petition for review, we held that 8 C.F.R. §1003.10(a) permits immigration judges to exercise all of the Attorney General’s powers, except those expressly reserved by some other regulation. Baez...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
CA9 on APA, U Visas: Perez Perez v. Wolf
Perez Perez v. Wolf "Pedro Tomas Perez Perez brought suit in the district court under the Administrative Procedure Act (“APA”), challenging the denial of his U visa petition by the United States Citizenship and Immigration Service ...
Daniel M. Kowalski
over 7 years ago
Immigration Law
News Headlines
DOL Expands Visa Protection for Trafficking Victims
"U.S. Secretary of Labor Thomas E. Perez today announced that the labor department's Wage and Hour Division will begin to exercise its authority to certify applications for trafficking victims seeking "T" visas. The division will also...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Inside News
Unpub. BIA on U Visa, 'Admission' - Matter of Garnica Silva
Matter of Garnica Silva, A098 269 615 (BIA June 29, 2017, unpublished) - "[A]n alien granted U nonimmigrant status through stateside processing has been "admitted" to the United States as a lawful temporary resident, even if he never made...
Daniel M. Kowalski
over 6 years ago
Immigration Law
Inside News
CISOMB U Visa Parole Recommendation
USCIS Ombudsman, June 16, 2016 - "Ombudsman Recommendation on Parole for Eligible U Visa Principal and Derivative Petitioners Residing Abroad The Ombudsman recommends that USCIS develop a parole policy to benefit eligible U principals and beneficiaries...
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