By Cyrus D. Mehta 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 the Secretary of Homeland Security, at his or her discretion, to “parole into the United States temporarily […]
Cyrus D. Mehta and Jessica Paszko* Portability under Section 204(j) of the Immigration and Nationality Act (INA) allows certain employment-based green card applicants to change jobs or employers while their adjustment of status (Form I-485) application is pending. Portability becomes available once the I-485 has been pending for at least 180 days. It must be […]
By Cyrus D. Mehta and Kaitlyn Box* The conservative Supreme Court majority recently issued two decisions that will have a major impact on the administrative state by transferring power from administrative agencies to the courts. We discuss both these cases and their impact on immigration law. SEC v. Jarkesy On June 27, 2024 the Supreme […]
By Cyrus D. Mehta and Kaitlyn Box* On June 18, 2024, the Biden administration announced two new immigration initiatives aimed at keeping families together. The first is a “parole in place” program which will provide a pathway for undocumented spouses of U.S. citizens to become lawful permanent residents (LPRs). In order to be eligible, the […]
By Cyrus D. Mehta Children of beneficiaries of approved I-140 petitions that are caught in the employment-based backlogs are in danger of aging out if they turn 21 and are unable to obtain permanent resident status with their parents. Although the Child Status Protection Act (CSPA) is able to protect the age of some children […]
By Cyrus D. Mehta and Kaitlyn Box On May 30, 2024, Donald Trump was convicted of 34 counts of falsifying business records in New York, all in connection with his payment of hush money to adult film actress Stormy Daniels in advance of the 2016 election. Harvard law professor Laurence Tribe eloquently summarized on X […]
By Cyrus D. Mehta If Trump gets reelected, he has hinted that his administration will create a deportation force that would deport 15 million undocumented immigrants. Radley Balko’s newsletter on substack, Trump’s Deportation Army, provides chilling details on how this deportation would be executed, which would be an unmitigated disaster for families, the US economy […]
By Cyrus D. Mehta and Kaitlyn Box* In “What if the Job Has Changed Since the Labor Certification Was Approved Many Years Ago” we discussed strategies for noncitizen workers who are eligible to file an I-485 adjustment of status application, but find that their job has changed since the approval of the I-140 petition, which […]
By Cyrus D. Mehta and Jessica Paszko* Surely, USCIS would be hard-pressed to find that any one of the men who contributed to the founding of our great nation did not possess “extraordinary ability,” but would it draw the same conclusion about each of our Founding Fathers in the early days of their careers when […]
By Cyrus D. Mehta and Kaitlyn Box* On April 10, 2024, USCIS issued a policy alert clarifying the term “sciences or arts” for Schedule A, Group II occupations. Schedule A occupations are those for which the Department of Labor (DOL) has recognized that a shortage of U.S. workers exists. Group I occupations consist of physical […]
