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Daniel M. Kowalski
2 days ago
Immigration Law
Inside News
Hon. Jeffrey S. Chase: Can Keathley Be Applied More Broadly?
Hon. Jeffrey S. Chase, Aug. 16, 2022 "The Off-Broadway play The Courtroom is now a film; it recently screened as part of the Tribeca Film Festival . I think it is excellent, and would highly recommend that all those interested in immigration law...
Daniel M. Kowalski
1 month ago
Immigration Law
Inside News
USCIS Rescinds Z-R-Z-C-; Implications for AOS
USCIS, July 1, 2022 "U.S. Citizenship and Immigration Services (USCIS) rescinds its designation of the decision of the Administrative Appeals Office (AAO) in Matter of Z-R-Z-C- as an Adopted Decision and updates its interpretation of the effects...
Daniel M. Kowalski
5 months ago
Immigration Law
Inside News
Matter of T-C-A-, 28 I&N Dec. 472 (BIA 2022)
Matter of T-C-A-, 28 I&N Dec. 472 (BIA 2022) An applicant for adjustment of status under section 209(b) of the Immigration and Nationality Act, 8 U.S.C. § 1159(b) (2018), must possess asylee status at the time of adjustment, and thus an applicant...
Daniel M. Kowalski
5 months ago
Immigration Law
Inside News
USCIS Notice re "Arriving Aliens" from Cuba Denied AOS (Feb. 23, 2022)
USCIS, Feb. 23, 2022 NOTICE FOR CERTAIN NATIVES OR CITIZENS OF CUBA WHO ARE “ARRIVING ALIENS” AND WHO WERE DENIED ADJUSTMENT OF STATUS UNDER THE CUBAN ADJUSTMENT ACT BASED SOLELY ON A DETERMINATION THAT THEY HAD NOT MET THEIR BURDEN OF ESTABLISHING...
Daniel M. Kowalski
7 months ago
Immigration Law
Inside News
CA5 on Res Judicata, CIMT, Admission: Diaz Esparza II
Diaz Esparza II "Santiago Alejandro Diaz Esparza seeks review of a Board of Immigration Appeals (BIA) decision finding him subject to removal under 8 U.S.C. § 1227(a)(2)(A)(ii), which permits the deportation of aliens who commit two crimes...
Daniel M. Kowalski
8 months ago
Immigration Law
Inside News
Inside Baseball: FAD, DFF and Litigation - Cyrus D. Mehta
Cyrus Mehta, Dec. 13, 2021 "Several children who filed I-485 applications as derivatives of their Indian born parents under the October 2020 Visa Bulletin are being denied because they turned 21 years before the Final Action Dates became current...
Daniel M. Kowalski
8 months ago
Immigration Law
Inside News
Patel v. Garland SC Oral Arg. Analysis: Prof. Shoba Sivaprasad Wadhia
Prof. Shoba Sivaprasad Wadhia, Dec. 7, 2021 "The Supreme Court on Monday heard oral argument in Patel v. Garland , an immigration case that raises a question about federal court review for noncitizens who were denied certain types of discretionary...
Daniel M. Kowalski
8 months ago
Immigration Law
Inside News
Patel v. Garland SC Oral Argument Transcript
Supreme Court, Dec. 6, 2021 [Read all the briefs here .]
Daniel M. Kowalski
8 months ago
Immigration Law
Inside News
Patel v. Garland: SC Oral Argument Case Preview
Dean Shoba Sivaprasad Wadhia, Dec. 3, 2021 " Patel v. Garland raises an important question about whether a federal court can review a decision by an agency within the Department of Justice that a noncitizen is ineligible for a green card. The Supreme...
Daniel M. Kowalski
10 months ago
Immigration Law
Inside News
Matter of Kagumbas, 28 I&N Dec. 400 (BIA 2021)
Matter of Kagumbas, 28 I&N Dec. 400 (BIA 2021) - An Immigration Judge has the authority to inquire into the bona fides of a marriage when considering an application for adjustment of status under section 245(a) of the Immigration and Nationality Act...
Daniel M. Kowalski
10 months ago
Immigration Law
Inside News
"Unreasonable Delay" AOS Victory: Pacharne v. DHS
Pacharne v. DHS "For the reasons stated above, the Court finds that the Plaintiffs have established unreasonable delay on behalf of USCIS. Consequently, the Court has jurisdiction over this matter. The Plaintiff’s request for injunctive relief...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
Supreme Court on TPS, Adjustment of Status: Sanchez v. Mayorkas
Sanchez v. Mayorkas "Petitioner Jose Santos Sanchez entered this country unlawfully from El Salvador. Years later, because of unsafe living conditions in that country, the Government granted him Temporary Protected Status (TPS), entitling him to...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Outside News
Cyrus Mehta on Coping with Delays Facing H-4 and L-2 Spouses When They Have a Pending Adjustment Application – Part 2
Cyrus Mehta and Isabel Rajabzadeh*, Apr. 19, 2021 "Although H-4 and L-2 extensions continue to be delayed since our last blog “ Coping with Delays Facing H-4 and L-2 Spouses ”, we highlight another issue, which adds further hardship...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
Matter of Mensah, 28 I&N Dec. 288 (BIA 2021)
Matter of Mensah, 28 I&N Dec. 288 (BIA 2021) - An Immigration Judge may rely on fraud or a willful misrepresentation of a material fact made by an alien during an interview before the United States Citizenship and Immigration Services to remove the...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
USCIS Policy Alert: Refugee and Asylee Adjustment of Status Interview Criteria and Guidelines
USCIS, Dec. 15, 2020 "U.S. Citizenship and Immigration Services (USCIS) is updating guidance in the USCIS Policy Manual regarding adjustment of status interview waiver categories and expanding the interview criteria for asylee and refugee adjustment...
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