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Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
AAO U Visa Remand - Perjury by Disbarred Attorney
Attorney Michael M. Shabani obtained this Dec. 16, 2022 AAO victory for his U visa client based on being the victim of the crime of perjury by disbarred attorney Douglas Howard Cooner. See , Cooner v. State , 272 So. 3d 206 (Ala. Crim. App. 2018) . ...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
AAO U VIsa Victory
AAO, Oct. 28, 2021 "The Director of the Nebraska Service Center denied the Form I-918, Petition for U Nonimmigrant Status (U petition), concluding that the Petitioner did not establish that she was the victim of a qualifying crime. The matter is...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
Court: AAO Flubs Kazarian Two-Step in EB-1A Case: Zizi v. Cuccinelli
Zizi v. Cuccinelli "Plaintiff, a citizen of Belgium, is a biophysicist who holds an M.D. and a Ph.D. Dkt. 1(Complaint) ¶ 3; Dkt. 24-28 (Certified Administrative Record ("CAR")) at CAR0254. He is the founder and Chief Executive Officer...
Daniel M. Kowalski
over 3 years ago
Immigration Law
Inside News
AAO Hardship Remand
Hats off to Alan Lee for this May 6, 2021 AAO remand regarding hardship for an I-212 waiver. Kudos!
Daniel M. Kowalski
over 3 years ago
Immigration Law
Inside News
For USCIS, Parole Does Not Mean Parole: Matter of Z-R-Z-C-, Adopted Decision 2020-02 (AAO Aug. 20, 2020)
USICS, Aug. 20, 2020 "This policy memorandum (PM) designates the attached decision of the Administrative Appeals Office (AAO) in Matter of Z-R-Z-C- as an Adopted Decision. Accordingly, this Adopted Decision shall be used to guide determinations...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Inside News
New AAO Adopted Decision: Matter of F-M- Co.
USCIS, May 5, 2020 "This policy memorandum (PM) designates the attached decision of the Administrative Appeals Office (AAO) in Matter of F-M- Co. as an Adopted Decision. Accordingly, this adopted decision establishes policy guidance that applies...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Inside News
USCIS Is Hiding Damaging Changes Behind Its Motions and Appeals Form Proposal
Leslie Dellon, Feb. 6, 2020 "U.S. Citizenship and Immigration Services (USCIS) recently proposed changes to how the agency will review certain denials of immigration benefits. The changes will apply to its Form I-290B , Notice of Appeal or Motion...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Inside News
USCIS Issues Three AAO Adopted Decisions on SIJ Classification
USCIS, Oct. 15, 2019 "U.S. Citizenship and Immigration Services today clarified requirements regarding the Special Immigrant Juvenile (SIJ) classification. To ensure consistency surrounding this classification, USCIS is issuing three Administrative...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Inside News
Matter of H-G-G-, Adopted Decision 2019-01 (AAO July 31, 2019)
Matter of H-G-G-, Adopted Decision 2019-01 (AAO July 31, 2019) For purposes of adjustment of status under section 245 of the Act, a recipient of Temporary Protected Status (TPS) is considered as being in and maintaining lawful status as a nonimmigrant...
Daniel M. Kowalski
over 5 years ago
Immigration Law
Inside News
AAO Grants T Visa Appeal About Presence “On Account of” Trafficking
Matthew Hoppock, Apr. 7, 2019 "After an informal policy shift last year led the USCIS to start denying human trafficking visas by misreading the statutory text, creating a requirement that never existed before, we’ve won our first appeal on the...
Daniel M. Kowalski
over 7 years ago
Immigration Law
Inside News
New AAO Adopted Decision and USCIS Policy Memo: Matter of A-T- Inc, Adopted Decision 2017-04 (AAO May 23, 2017)
Matter of A-T- Inc, Adopted Decision 2017-04 (AAO May 23, 2017) - Matter of A-T- Inc clarifies that, in order to qualify for an H-1B numerical cap exemption based upon a master’s or higher degree, the conferring institution must have qualified as a...
Daniel M. Kowalski
over 7 years ago
Immigration Law
Inside News
Matter of O-A-, Inc., Adopted Decision 2017-03 (AAO Apr. 17, 2017)
Matter of O-A-, Inc., Adopted Decision 2017-03 (AAO Apr. 17, 2017) "Matter of O-A-, Inc. clarifies that USCIS must conduct a case-specific analysis to determine whether, at the time a provisional certificate is issued, a beneficiary has completed...
Daniel M. Kowalski
over 7 years ago
Immigration Law
Inside News
AAO Adopted Decision: Matter of I- Corp., Adopted Decision 2017-02 (AAO Apr. 12, 2017)
Matter of I- Corp., Adopted Decision 2017-02 (AAO Apr. 12, 2017) - "This policy memorandum (PM) designates the attached decision of the Administrative Appeals Office (AAO) in Matter of I- Corp. as an Adopted Decision. Accordingly, this adopted decision...
Daniel M. Kowalski
over 7 years ago
Immigration Law
Inside News
AAO on EB-2, 'Degree,' 'Provisional Certificate' - Matter of O-A-, Inc., ID# 84300 (AAO Mar. 15, 2017)(non-precedent)
Matter of O-A-, Inc., ID# 84300 (AAO Mar. 15, 2017) - "The provisional certificate, together with her statement of marks, demonstrates that the Beneficiary completed all the substantive requirements and that the university approved her degree. The...
Daniel M. Kowalski
over 7 years ago
Immigration Law
Inside News
AAO on 'Function Manager' - Matter of G-, Inc.
Matter of G-, Inc., ID# 96255 (AAO Feb. 17, 2017) - "[T]o establish that the beneficiary will be employed in a managerial capacity as a "function manager" the petitioner must demonstrate: (1) that the function is a clearly defined activity;...
Daniel M. Kowalski
over 7 years ago
Immigration Law
Inside News
AAO on Waivers, Reinstatement, U Visas: Matter of A-L- (Jan. 12, 2017)
Gail Pendleton writes: "Heartfelt thanks to Rekha Sharma-Crawford for pursuing this case to the AAO, vindicating our long-posited argument that a 212(a)(9)(C) waiver eliminates the underlying predicate for 241(a)(5)."
Daniel M. Kowalski
over 7 years ago
Immigration Law
Inside News
AAO on “Physician of National or International Renown" - Matter of T-O-S-U-, Adopted Decision 2017-01 (AAO Jan. 4, 2017)
USCIS, Jan. 4, 2017 - "This policy memorandum (PM) designates the attached decision of the Administrative Appeals Office (AAO) in Matter of T-O-S-U- as an Adopted Decision. Accordingly, this adopted decision establishes policy guidance that applies...
Daniel M. Kowalski
over 7 years ago
Immigration Law
Inside News
AAO on NIW: Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016)
Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016) - USCIS may grant a national interest waiver if the petitioner demonstrates: (1) that the foreign national’s proposed endeavor has both substantial merit and national importance; (2) that he or she is...
Daniel M. Kowalski
over 7 years ago
Immigration Law
Inside News
AAO Adopted Decision: Matter of R-C-C-S-D- (Language Immersion School; Q-1 Program)
Matter of R-C-C-S-D-, Adopted Decision 2016-04 (AAO Oct. 24, 2016) - (1) The Department of Homeland Security (DHS) may designate a language immersion school as an international cultural exchange program, such that the school may petition for teachers...
Daniel M. Kowalski
over 7 years ago
Immigration Law
Inside News
AAO 212(h) CIMT Victory: Matter of A-A-N-V-
Matter of A-A-N-V-, ID# 14511 (AAO Feb. 26, 2016) - "The record reflects that on 1997, in the Fifteenth Judicial Circuit Court, Florida, the Applicant was convicted of Burglary of Conveyance, a third degree felony, in violation for Fla. Stat.§...
Daniel M. Kowalski
over 7 years ago
Immigration Law
Inside News
AAO 212(i) Hardship Victory - Matter of A-C-D-C-, ID# 17208 (AAO Aug. 9, 2016)
Matter of A-C-D-C-, ID# 17208 (AAO Aug. 9, 2016) - "The unfavorable factors in this case are the Applicant's use of a photo-substituted passport and visa to enter the United States and his unauthorized presence and employment in the United States...
Daniel M. Kowalski
over 7 years ago
Immigration Law
Inside News
EB-1 AAO Victory - Matter of A-A- LLC, ID# 17487, July 8, 2016
Camiel Becker writes: "Attached is a redacted copy of new AAO decision issued on July 8, 2016 . The brief on appeal was primarily written by our associate Emily Wilson, although I was attorney of record and also worked on the appeal. Emily's...
Daniel M. Kowalski
over 8 years ago
Immigration Law
Inside News
Matter of L-S-M-, Adopted Decision 2016-03 (AAO Feb. 23, 2016)
USCIS Policy Memo PM-602-0133 (May 13, 2016) - "This policy memorandum (PM) designates the attached decision of the Administrative Appeals Office (AAO) in Matter of L-S-M- as an Adopted Decision. Accordingly, this adopted decision establishes policy...
Daniel M. Kowalski
over 8 years ago
Immigration Law
Inside News
AAO Practice Manual Updates (May 5, 2016)
AAO, May 5, 2016 - "The tables below detail the changes made to this Practice Manual since its initial publication on January 14, 2015. The tables are arranged in reverse chronological order, with the most recent table at the top. The tables identify...
Daniel M. Kowalski
over 8 years ago
Immigration Law
Inside News
Cyrus D. Mehta on Matter of Z-A-: Recognizing the Global Role of the L-1A Manager
Cyrus D. Mehta, May 9, 2016 - "Despite the shrill rejection of globalization in the current presidential election cycle, the Appeals Administrative Office (AAO) has thankfully bucked the trend. It recently designated Matter of Z-A- Inc . as an...
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