By Cyrus D. Mehta and Kaitlyn Box*
The recent reelection of Donald Trump is likely to usher in a new era of enhanced immigration scrutiny and enforcement. This shift raises a number of ethical questions and concerns for immigration lawyers.
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Biden’s Last and Best Gift to Legal Immigrants: Advancing the Filing Dates in the 2025 January Visa Bulletin to Current
Donald Trump’s recent reelection has sparked fears that restrictionist immigration policies will abound come January 20, 2025 onwards. During the time that remains of his presidency, President Biden can still act to safeguard the immigration system and implement policies that…
Saving America by Defending Clients Against Trump’s Immigration Policies
By Cyrus D. Mehta and Kaitlyn Box*
On November 5, 2024, Donald Trump was once again elected president. Although Trump’s campaign has been marked by anti-immigrant rhetoric, some hope that a second Trump administration will prove favorable to employment-based immigration.…
State Department’s Interpretation of Matter of Arrabally and Yerrabelly at Odds with BIA’s
By Cyrus D. Mehta and Kaitlyn Box*
In a previous blog, we analyzed Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012), a seminal Board of Immigration Appeals case which held that a departure under advance…
USCIS’ Change in CSPA Policy Can Help Aged Out Children Who Missed Out During the October 2020 Visa Bulletin EB-3 Advance for India
Making the Case of the Manager under the L-1A Visa Whose Subordinates are AI Bots
When the Administrative Appeals Office (AAO) designated Matter of Z-A- Inc. as an “Adopted Decision” in 2016 it was seen as a breakthrough as it recognized that a US company can rely on its resources outside the United States to…
While the Dogs and Cats of Springfield, OH Are Safe, the Haitian immigrants Are Not
By Cyrus D. Mehta and Kaitlyn Box*
This past week, Trump and J.D. Vance have gone viral for some particularly bizarre rhetoric, alleging that Haitian immigrants in Springfield, Ohio were eating people’s pets. On September 9, 2024, J.D. Vance posted…
237(a)(1)(H) Waiver After Denial of Naturalization Application?
By Cyrus D. Mehta
At the naturalization interview the noncitizen applicant could face a rude shock if the examiner reveals that they made a misrepresentation in a long forgotten application for an immigration benefit filed in the distant past.
For…
Parole in Place – A Means to an End or An End in Itself?
By Cyrus D. Mehta and Kaitlyn Box*
On June 18, 2024, President Biden announced new measures aimed at ensuring that “U.S. citizens with noncitizen spouses and children can keep their families together”. One of these measures provides a discretionary grant…
The Perils of Claiming the Foreign Earned Income Exclusion When Sponsoring an Immigrant on an Affidavit of Support
By Cyrus D. Mehta and Kaitlyn Box*
Although most U.S. citizens and lawful permanent residents must pay U.S. taxes on their worldwide income, the foreign earned inclusion exclusion (“FEIE”) allows some U.S. citizens and residents to exempt income earned outside…