Cyrus D. Mehta & Partners PLLC

Latest from Cyrus D. Mehta & Partners PLLC - Page 5

By Cyrus D. Mehta and Kaitlyn Box*
In an earlier blog, we discussed ethics for immigration lawyers during the COVID-19 pandemic. Another ethical dilemma, addressed by two recent ethics opinions from the New York City Bar and the New
Continue Reading Two New York Ethics Opinions Instruct When Lawyers Can Withdraw from Representing a Client in Court During COVID-19

The Department of Justice’s lawsuit claiming that Facebook discriminated against US workers even when it followed DOL regulations for sponsoring foreign national workers is troubling. It renders every employer vulnerable to charges of discrimination each time it files a labor
Continue Reading Justice Department’s Discrimination Lawsuit Against Facebook Chills Employer’s Ability to Legitimately Sponsor Skilled Foreign National Workers for a Green Card

On November 18, 2020, U.S. Citizenship and Immigration Services (USCIS) updated policy guidance to clarify the circumstances when the agency would find applicants ineligible for naturalization because they were not lawfully admitted for permanent residence. “Applicants are ineligible for naturalization
Continue Reading The Inappropriateness of Finding Abandonment of Lawful Permanent Residency During Naturalization

Ever since I co-wrote The Tyranny of Priority Dates in 2010, followed by How President Obama Can Erase Immigrant Visa Backlogs With A Stroke Of A Pen in 2012,  I have steadfastly maintained that the current and prior administrations  have
Continue Reading Proposal for the Biden Administration to Reduce Backlogs: Count the Family Together So That They May Stay Together

As a result of the existence of the per country limits, those born in India and China have been drastically affected by backlogs in the employment-based green card categories. Each country is only entitled to 7 percent of the total
Continue Reading Proposal for the Biden Administration: Using the Dual Date Visa Bulletin to Allow the Maximum Number of Adjustment of Status Filings

Foreign national workers who have been waiting in the employment-based second and third preference green card backlogs for many years have fortuitously become eligible to file I-485 adjustment of status applications due to the advancement of filing dates in the
Continue Reading What If the Job Has Changed Since the Labor Certification Application Was Approved Many Years Ago?

The October 2020 Visa Bulletin significantly advanced the  Filing Date of the employment-based third preference (EB-3) for India to January 1, 2015. This would make many beneficiaries with approved I-140 petitions caught in the EB-3 backlog eligible to file I-485
Continue Reading Frequently Asked Questions on Filing a “Downgrade” EB-3 petition under the October 2020 Visa Bulletin

Saddened by the death of Justice Ginsburg, I searched through the blogs I have written on her opinions in immigration cases. I was again reminded not only about her brilliance but how forcefully she advanced the rights of immigrants that
Continue Reading In Honor of Justice Ginsburg: Disfavoring Piepowder Courts Against Permanent Residents in Vartelas v. Holder