Immigration Law

Recent Posts

Cyrus Mehta: Positive Changes, Especially for Foreign Students, to 90-Day Misrepresentation Guidance in the FAM
Posted on 29 Apr 2019 by Daniel M. Kowalski

Cyrus Mehta, Apr. 27, 2019 "In September 2017, the State Department abruptly amended the Foreign Affairs Manual to provide consular officers with broader grounds to find that foreign nationals misrepresented their intentions when they came to the... Read More

BIA on Willful Misrepresentation: Matter of A.J. Valdez and Z. Valdez, 27 I&N Dec. 496 (BIA 2018)
Posted on 20 Dec 2018 by Daniel M. Kowalski

Matter of A.J. Valdez and Z. Valdez, 27 I&N Dec. 496 (BIA 2018) (1) An alien makes a willful misrepresentation under section 212(a)(6)(C)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(6)(C)(i) (2012), when he or she knows of... Read More

Reinterpreting the 90 Day Misrepresentation Provision in the Foreign Affairs Manual - Cyrus Mehta & Sophia Genovese
Posted on 24 Apr 2018 by Daniel M. Kowalski

Cyrus Mehta & Sophia Genovese, Apr. 23, 2018 - " As we previously blogged , the State Department abruptly amended the Foreign Affairs Manual in September 2017 to provide consular officers with broader grounds to find that foreign nationals misrepresented... Read More

CA11 on Material Misrepresentation: Alfaro v. Sessions
Posted on 17 Jul 2017 by Daniel M. Kowalski

Alfaro v. Sessions, July 13, 2017 - "Roger Ricardo Alfaro seeks review of the Board of Immigration Appeals’ (BIA) final order of removal. In its decision, the BIA affirmed an immigration judge’s finding that Alfaro is removable under... Read More

AAO on Moral Turpitude, Willful Misrepresentation
Posted on 7 Oct 2012 by Daniel M. Kowalski

"[W]e acknowledge that the term "moral turpitude" is not in common usage, and it is unlikely that the average person is aware of its meaning and application in U.S. immigration law. ... There is no indication that this applicant was aware... Read More

Cyrus D. Mehta and Sophia Genovese-Halvorson: Defending Clients Against a Misrepresentation Finding Under the New FAM 90-Day Rule
Posted on 18 Sep 2017 by Daniel M. Kowalski

Cyrus D. Mehta and Sophia Genovese-Halvorson, Sept. 18, 2017 - "The State Department has abruptly amended the Foreign Affairs Manual to provide broader grounds to find that foreign nationals misrepresented their intentions when they came to the United... Read More

FAM Change Scraps 30/60-Day Rule (CT:VISA-60, Oct. 17, 2017)
Posted on 11 Sep 2017 by Daniel M. Kowalski

New 9 FAM 302.9-4(B)(3) (U) Interpretation of the Term Misrepresentation [as of Oct. 17, 2017] ... "g . (U) Activities that Indicate Violation of Status or Conduct Inconsistent with Status (1) (U) In General: (a) (U) In determining whether... Read More

Fraud and Willful Misrepresentation Grounds of Inadmissibility and Waiver: USCIS Policy Alert
Posted on 26 Mar 2014 by Daniel M. Kowalski

"USCIS is issuing guidance on the fraud and willful misrepresentation grounds of inadmissibility under INA 212(a)(6)(C)(i) and the corresponding waiver under INA 212(i). This guidance, contained in Volume 8 and Volume 9 of the Policy Manual ,... Read More

CA4 on Misrepresentation, More: Yang v. Holder
Posted on 29 Oct 2014 by Daniel M. Kowalski

Multiple errors by the BIA on multiple issues. Please read the case in full. Excellent lawyering by Joshua Bardavid ! - Yang v. Holder, Oct. 29, 2014 . Read More