I have been advising my clients not to apply for and travel outside the U.S. on advance parole. Not only are I-131 processing times untenably long, but the risks of traveling on advance parole are, in my opinion, not worth the risk. This most recent BIA decision further underlines the risks associated with traveling on AP.

This, on top of clients being detained while flying domestically within the U.S., even if they have a pending application with USCIS and even if they are eligible for the immigration benefit sought. The TSA has been tipping off ICE regarding travelers who may not be in current nonimmigrant status, even if they may have been in valid status at the time they filed for I-485 adjustment, for example.

Here’s a link to the BIA decision: https://www.justice.gov/eoir/media/1457741/dl?inline

I will be teaching a yoga class tomorrow from 6-7pm at a yoga space in midtown Manhattan.

Interested in learning more about yoga and wellness in general?

Sign up here:

Sign up

Sign up!

Leave it to USCIS to drop a policy memo right before the Memorial Day weekend. If you haven’t heard by now, here is the memo: https://www.uscis.gov/sites/default/files/document/memos/PM-602-0199-AdjustmentOfStatusAndDiscretion-20260521.pdf

Multiple clients have already contacted my office, asking how this policy memo will impact them.

What does the memo say? Well, it claims that adjustment of status is an “extraordinary act” of “administrative grace.” And that applicants may need to show “unusual” or “even outstanding” equities to warrant a grant of adjustment.

The memo then casually goes on to say that most applicants should simply consular process, i.e. apply for an immigrant visa at the US embassy or consulate in their home country.

As if that is an option that is available to all.

As if the State Department’s immigrant visa ban that currently applies to 75 countries does not exist.

As if the three or ten year bar of unlawful presence would not trigger once an applicant who has accrued unlawful presence leaves the U.S.

As if consulates and embassies abroad are not already understaffed, overwhelmed, and struggling with tremendous backlogs in the availability of visa appointment times.

USCIS cannot make up new law by simply releasing a memo. There is a rule-making process, where a proposed bill must pass through both chambers of Congress.

I fully expect this memo will be litigated in federal court. It is untenable and flies in the face of American jurisprudence.

And while we are talking about policy, here’s what I think: This policy will not make the system more efficient. Instead, it will have the opposite effect. It will shift already backlogged cases from USCIS to overwhelmed U.S. consulates abroad and create even longer delays.

Adjustment of Status has long been a lawful and critical part of our immigration system for eligible applicants already in the U.S. Forcing people to leave the country for consular processing increases family separation, legal risk, employment disruption and even loss of employment, and fear and uncertainty, while doing little to solve the real problem: chronic understaffing and processing delays.

This does not streamline the system. It will burden an already-taxed Department of State; slow down (even cripple) legal immigration; and makes lawful pathways exceedingly difficult for people who are simply trying to follow the rules.

You may wonder why she wanted a consultation. After all, isn’t the O-1 visa the most difficult (and prestigious) work visa to obtain?

Yes, but the issue is that 1- her employer hasn’t started a path to a green card for her and 2- she wants to pivot her career in a new direction.

Her current attorney keeps telling her that she does not have any options - that she has to continue renewing her O-1 and essentially keep doing what she has been doing for years.

So this client feels trapped and thwarted from what she truly wants to do.

She qualifies as an extraordinary ability artist, but discovered that her true passion lies in teaching art to underserved and marginalized children.

I advised the client that she may have a viable path forward and realize her dream.

One challenge with this switch is that if she were to change her field of endeavor from art to education, then she would have to demonstrate that she qualifies under O-1A, which is a more difficult standard than O-1B.

We are also looking into eligibility for EB-1A or EB-2 NIW.

More updates on this case soon!

Recently, one client confidently told me at their consultation that his case was straightforward and had “zero issues.” As an immigration attorney, I hear this all the time - only for the case to turn out to be far more complicated.

I asked the client where he and his fiancé live. His answer was that they live in separate states.

I then asked if he planned on moving in with her after they get married.

He said no.

So then I asked if it occurred to him that USCIS might question the marriage because they have no plans to move in together.

He asked, “Why? Is that a problem?”

Usually, if a married couple are not living together, this may raise a red flag for USCIS. When applying for a green card based on marriage, it is your burden to prove to USCIS that your marriage is genuine. Normally, this would include evidence of cohabitation.

If you and your spouse are not living together, then USCIS will ask why not.

There are justifiable reasons why a married couple might not be currently living together (for example, if one spouse is in school or if the spouses are required to live separately due to their jobs).

Regardless, if a couple aren’t residing together, they should provide an explanation to USCIS why. A couple that is not currently living together should also obtain other evidence that their marriage is bona fide.

This is just one of the many assumptions that clients make when it comes to the green card marriage process.

Finally, I believe that USCIS officers will be adjudicating immigration applications more strictly under this new administration. Whereas before, marriage based green card applications were being approved without interview, I expect USCIS to revert back to their previous practice of requiring interviews for nearly all (if not all) marriage cases.

The short answer? Well, it’s because we are dealing with federal agencies that are very bureaucratic and have a lot of red tape. On top of that, these agencies are highly inefficient and are dealing with a huge backlog of cases.

Not only do cases take a long time, but processing times are not uniform and are also subject to change.

Let’s break that down.

When I say that USCIS processing times are not uniform, what I mean is that you can file the same exact kind of case, but have very different processing times. For example, I filed I-90 green card renewal applications on behalf of two clients. One was approved in just one month. The other took more than two years for USCIS to approve. Why is that? No one really knows. And that’s what is so frustrating when dealing with USCIS. No uniformity in the processing of cases means no accountability and no ability to plan out your future with predictability.

Also, USCIS processing times often change. Just because USCIS’s processing time for a certain type of case took only a month a year ago, does not mean that it will still take only a month today. For instance, USCIS used to routinely approve work permit and I-131 advance parole (travel document) applications that were filed in connection with an I-485 adjustment application within 90 days. For years, this was their practice…until it wasn’t. Now, advance parole applications are taking more than 10 months to approve. In many cases, USCIS does not even get around to approving them because the I-485 application is approved beforehand, rendering the I-131 moot. Why? Nobody knows because USCIS has never actually explained the delay.

USCIS has its own priorities that are constantly shifting like moving targets, and us immigration lawyers, keeping on top of the latest trends in processing is a never-ending battle.

So can anything be done if a case is taking way beyond processing times? Yes - and that is to sue the government if there has been an unreasonable delay. Such a lawsuit is known as a writ of mandamus, which sometimes is the only tool that I have found to effectively force USCIS (and other federal government agencies) to hold them accountable. A writ of mandamus is an action in federal court to compel a government agency to perform a duty that it is legally obligated to do. Essentially, if a federal court grants the writ of mandamus, then the government agency must take action on a matter where they have unreasonably delayed or refused to issue a decision.

In my experience, I believe that mandamus is an under-utilized tool. Although more attorneys and clients are filing mandamus in recent years, I still believe that there are many cases out there that are ripe for mandamus. Many attorneys shy away from filing mandamus because it seems an intimidating process, but I have successfully resolved dozens of cases by litigating against the government.

A lot of it entails following up with clients on what they need to do to get their cases filed with USCIS.

For example, asking clients to provide all the information needed on various immigration forms may seem like a simple task, but is very time consuming and requires a lot of follow up with clients.

When my office sends questionnaires to clients to fill out, rarely do the questionnaires come back completely and accurately. This means that the attorney or their staff have to go through several rounds of reviewing questionnaires to determine what information was overlooked by the client; keep track of what information is still outstanding; etc. Also, if clients fill in questionnaires with grammatical errors, typos, incorrect punctuation and capitalization, etc., then that will result in a delay to getting the case filed.

Another area where lawyers spend a lot of time following up with clients is obtaining all the documents and materials required for their case. These include: biographical documents; USCIS filing fees; documentary evidence in support of the application; I-693 medical exams for adjustment (green card) applications, and the like. Keeping track of what items have already been submitted by clients versus which items are still outstanding is no small feat, nor is sending out reminders to clients as to what is still missing.

In immigration cases, the devil is in the details, and there is so little room for error. All it takes is one simple innocent error, and USCIS could reject your green card application. Similarly, if you file an application with USCIS that is missing a document that USCIS considers is key or vital to the application, then that can result in not just a delay in your case, but possibly a denial.

One fellow immigration attorney recently shared that USCIS denied a client’s green card application - simply because the client inadvertently signed a form as the interpreter rather than as the applicant.

I write all this not to scare my immigration clients, but to give them an honest picture of what it is like to practice immigration law. So much work goes behind the scenes as an immigration lawyer that clients rarely (if ever) see.

It was a genuine surprise to receive this recognition. Not only did Forbes list only 10 lawyers in New York City for this honor, but I did not even know about this announcement until I started getting calls from prospective clients.

When I asked how they heard about me, they said “Forbes.”

At first I had no idea what they were talking about. When I inquired further, they said “Didn’t you know? You were named by Forbes as one of the best immigration lawyers in NYC.”

To be honest, I thought it was a hoax or a marketing gimmick. But when I googled myself, there it was.

Forbes never notified me that they had included me on this list, nor do I know how they decided which attorneys to bestow this recognition.

I just know that it’s a tremendous honor, for someone who is the daughter of immigrants and was the first in her family to go to college.

Being an immigration lawyer is not without its challenges. It took years for me to even finally consider becoming a solo attorney, let alone receive this kind of recognition. Prior to going off on my own, I was a founding partner in three immigration law firm partnerships. Before that, I worked as an associate at immigration law firms before I decided to start my own practice.

I remember back in 2008, during the “Great Recession,” when we barely had enough work to cover rent for the office.

Now in my 25th year as an immigration attorney, the challenges will only increase, especially as we head into a new administration. Many immigration clients are understandably anxious and worried about the next 4 years.

Which is why I will continue to advocate for my clients when they most need it.

I have seen some nightmare scenarios where a client unwittingly decides to apply for an immigration application, such as green card, oblivious to the fact that immigration law is one of the most complicated (if not the most complicated) areas of law. There is this misconception that applying for an immigration benefit simply entails filling out a number of forms and submitting it to the immigration service. As I have heard one client tell another immigration lawyer, “even a monkey can fill out a form.”

Read more

Read more

Simply put, a mandamus is a form of federal lawsuit which, if granted by the district court, can compel USCIS to make a decision on a case that has been unreasonably delayed.  It’s a tool that I have implemented dozens of times on behalf of my clients, when nothing else has worked. 

Yet, I often see attorneys posting questions about how to handle a writ of mandamus.  Many colleagues express reluctance to file mandamus, assuming that because this involves federal litigation, it’s too complex for them to handle.   

I’m here to say that you can - and should - consider filing mandamus actions on behalf of clients whose cases are taking an unreasonable amount of time to process.  Here’s a few tips on how.

Read more

The livestream will be for immigration lawyers who want to learn together by asking each other questions about difficult topics.

The format will be participants asking questions in chat, me providing answers to those questions (hopefully I will know enough about the topic), and others on the stream chiming in if they have insights.

The livestream will be a part of my paid newsletter.

After each livestream, I’ll release a set of notes based on the questions and topics that were covered (for future reference).

I think this can be a great way for lawyers in my audience to meet each other, exchange insights, help each other, and perhaps even co-counsel together.

Link below:

Read more

This week’s topic: how you as a lawyer can start using LinkedIn to generate case leads.

Two years ago, I was at 1.5k connections and posted only sporadically on LinkedIn.  

From time to time, I would post about new immigration updates, or share links to news articles.  I didn’t realize the potential of LinkedIn as a forum to make connections, create a community, and build an audience. 

I decided to try an experiment: to post consistently every day about my experiences as an immigration lawyer.  At first, it was difficult coming up with topics; not knowing what would be interesting to write about; etc.  Now,  LinkedIn has become one of my top source of leads, and my LinkedIn audience has organically grown to about 8.8K followers. I’ve also received other interesting opportunities through LinkedIn - for example, invitations to speak at conferences and other speaking engagements.  Recently, an attorney who practices in another field saw one of my posts, reached out to me, and we met up for lunch.  We got along so well that this has led to an of counsel relationship with her firm.  A fair number of clients have found me via LinkedIn. 

What changed was I started telling stories about my work - about the wonderful and talented immigrants I got to meet every day - from artists and creatives to families who came to this country simply for a better life. I still keep in touch with many clients even after their immigration case is finished.  Getting to help clients resolve their immigration issues is a great feeling.  

There’s a lot to cover, which I’ll address in future newsletter sends. For now, below are a two tips that you, a lawyer who’s starting out with LinkedIn, can follow to improve your engagement. Actually, these tips can be applied to anyone who is looking to leverage LinkedIn, not just attorneys:

1. Understand how LinkedIn works.

LinkedIn posts perform based on:

• Your audience (who’s in it).

• How you format your content. 

• The content of your post.

Your audience matters because whenever someone engages with your post, that post gets partially shared in their network. You want people in your audience who have a network of people who might also be interested in your content. This is where most leads come from - from second and third degree connections.

The format of your content also matters because formatting determines readability. If your content is not well formatted (short sentences, short paragraphs, proper punctuation, etc.), your post, while great in content, might not get fully read (this is especially true if your post contains large chunks of text).

The content of your post definitely matters. Think about relevance to your audience when writing a post - does this content help inform your audience about an issue they would care about? Or a problem they have that you can help solve?

I’ll write more about all of the above in future newsletters.

Also, on a somewhat related note, don’t copy and paste posts from AI.

AI is great for ideas, but not great for generating ready-to-post posts.

Again, this is a personal view of mine but from what I’ve been told, you need to spend a lot of time prompting (and also knowledge of prompt engineering) to produce the posts you want and even then, you can’t just copy and paste without making things look somewhat “AI-generated.”

2. Reach out to people.

Not just people you do know, but people you don’t know but share in your interests. One connection could lead to a new professional friend, a mentor, even a new client or someone who knows potential clients. All it takes is one simple connection note, and you can use this template to get started:

Hi [name of person]! My name is [your name] and [something about what you do as a lawyer]. [Something about what caught your attention e.g maybe you both went to the same school]. Would love to connect!

Have questions? Feel free to reach out over LinkedIn messages. If I don’t have the answer to your question, I can ask around.

In future newsletters, I’ll break down some of my posts and explain why I think they performed, and why other posts did not perform. Again, this is just based on my thoughts.

—

About me: I’m an immigration lawyer and currently run my own law firm, Yee Immigration. I’ve practiced law for 24 years and worked with clients on a variety of immigration cases (reopening deportation orders, family-based green card petitions, etc.). For the past two years, I’ve posted consistently on LinkedIn about cases I’ve worked on and USCIS trends, and as a result built a following of over 8,000 followers.

Want to follow me on LinkedIn? https://www.linkedin.com/in/tsuiyee/

Want to learn about one of my recent cases? https://www.linkedin.com/posts/tsuiyee_asylum-uscis-immigration-activity-7125825651894308864-tvQ4?utm_source=share&utm_medium=member_desktop.

Know someone who needs a consultation or want to schedule one yourself? Feel free to email me at tsui@yeeimmigration.com.

I’ve decided to launch paid subscriptions for my newsletter.

In the paid editions of my newsletter, I will cover topics focused on helping lawyers build their practices, such as how to use LinkedIn to generate case leads and commentary on immigration law topics. I will also be writing for law students, specifically on how to pursue a path in immigration and what to do now while in law school to prepare for an immigration lawyer career.

I will also eventually be building a content library accessible to paid subscribers.

To subscribe, simply click “upgrade to paid” at the top lefthand corner (if you’re reading this on SubStack.” You can also use this link:

A Lawyer's Practice - Yee Immigration

A collection of thoughts and stories about my immigration lawyer practice.

By Tsui Yee

Thank you, everyone, for all the support.