Rosa v. Garland "[W]e vacate the BIA's decision as to Rosa's application for adjustment of status and remand to the BIA to consider these questions of "corroboration" under Arreguin, the answers to which will elucidate whether denying Rosa...
Cyrus Mehta, July 28, 2024 "Those who have filed an I-485 application adjustment of status must obtain advance parole before they travel outside the US while their I-485 application. Section 212(d)(5)(A) of the Immigration and Nationality Act (INA) authorizes...
Lance Curtright reports: "After the 5th Circuit’s initial decision in Membreno, [ Membreno-Rodriguez v. Garland, 95 F.4th 219 ] my law partner Paul Hunker (a new AILA member!) reached out to the attorney who handled the PFR. They filed a motion for rehearing...
Fofana v. Mayorkas "Nearly sixteen years after Plaintiff Abrahim Mohamed Fofana applied for adjustment of status, United States Citizenship and Immigration Services (“USCIS”) denied his petition. But even with that much time to review Fofana’s...
USCIS, Dec. 8, 2023 "The employment-based (EB) annual limit for fiscal year (FY) 2024 will be higher than was typical before the pandemic, though lower than in FY 2021-2023. We are dedicated to using as many available employment-based visas as possible in...
Cyrus D. Mehta & Jessica Paszko, May 23, 2023 "Just a couple of months ago we considered the options available to terminated H-1B workers who want to become entrepreneurs . Since then, layoffs have not abated and we’ve continued thinking about the options...
Matter of Duarte-Gonzalez, 28 I&N Dec. 688 (BIA 2023) - Noncitizens who are inadmissible for a specified period of time pursuant to section 212(a)(9)(B)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(9)(B)(i), due to their previous unlawful presence...
USCIS, Feb. 2, 2023 "... To promote consistency in the processing of asylee and refugee adjustment of status applications and reduce barriers that might impede refugees from timely filing for adjustment of status, USCIS is updating policy guidance to clarify...
Matt Adams writes: "Last month NWIRP and the Alaska Immigration Justice Project filed a class action challenging the USCIS policy requiring U visa applicants for adjustment of status to file a medical exam, form I-693, even though they are not subject to the...
From ACLU Southern California: " USCIS has agreed to maintain a moratorium on the denials of I-485 and N-400 applications that are subject to CARRP —USCIS’s secretive policy for handling cases alleged to have “national security concerns.” The initial moratorium...
Matter of Triana When determining whether a respondent is grandfathered for purposes of adjustment of status under section 245(i) of the Immigration and Nationality Act, 8 U.S.C. § 1255(i) (2018), a decision of the United States Citizenship and Immigration Services...
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 for H-4 and L-2 spouses...
"Now that we have had a chance to exhale, a nagging doubt clouds this emerging optimism: Is early adjustment of status really what is contemplated? While White House briefings and talking points certainly suggested this was the case, a stubborn yet deliberate...
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 see it...
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 of authorized...