Browse By Tags

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...

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...

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...

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...

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...

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...

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...

Supreme Court, Dec. 6, 2021 [Read all the briefs here .]

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...

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...

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...

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...

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...

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...

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...