Immigration Law and Consulting

Nicholas J. Perry

28 Years of Federal Immigration Experience
Working For You

Former senior attorney at USCIS, the State Department, DHS Office of the General Counsel, and ICE — now bringing insider expertise to individuals and attorneys navigating complex immigration matters.

Nicholas J. Perry, Immigration Attorney
NC Central University School of Law
28 Years Federal Service
5+ Federal Agencies
6 Practice Areas
NE NC Bar Member

About Nick

A Career Built Inside the System

My long career in federal immigration law has given me an unparalleled understanding of how immigration agencies think, decide, and operate — knowledge I now put to work on behalf of clients.

I began my career with the Executive Office of Immigration Review's (EOIR) Office of the Chief Administrative Hearing Officer (OCAHO), then became a trial attorney for the Immigration and Naturalization Service (INS) and Immigration and Customs Enforcement (ICE) in San Francisco and El Paso.

I concentrated on national security issues for USCIS at its headquarters. In 2007 I joined the DHS Office of the General Counsel, eventually serving as the Assistant General Counsel for Immigration Enforcement during the Obama administration.

In 2014 I joined the State Department's Visa Office, Bureau of Consular Affairs, where I served as Chief of the Legislation and Regulations Division and Deputy Director of Legal Affairs, managing a 30-person office including 19 attorneys. My final government post returned me to USCIS at the Nebraska Service Center, where I provided legal advice across the full spectrum of USCIS adjudications.

I taught immigration law at George Mason University School of Law (now Antonin Scalia Law School).

Outside the office, I enjoy time with my wife, son, and our many pets, as well as sports, podcasts, and audiobooks — and of course cheering on the Fighting Irish.

What I Do

Practice Areas

I represent individuals directly and serve as a consultant to attorneys handling complex immigration matters. My government experience means I understand these issues from the inside out.

Waivers of Inadmissibility

I-601 and I-601A waivers for grounds of inadmissibility, including hardship evaluations and strategic presentation of cases to USCIS adjudicators.

Family & Employment Petitions

I-130 family-based immigrant petitions and I-140 employment-based immigrant petitions, from preparation through approval and beyond.

Terrorism-Related Inadmissibility Grounds (TRIG)

Extensive experience with the overly broad terrorism-related inadmissibility grounds under the INA — including exemption procedures under Section 212(d)(3)(B). I helped draft the majority of TRIG exemptions and litigated the landmark precedent case Matter of S-K-, 23 I.&N. Dec. 936 (BIA 2006).

Visa Processing & Consular Issues

Nonimmigrant and immigrant visa matters, visa revocations, consular returns, and navigating the State Department's Visa Office — where I served as Deputy Director of Legal Affairs.

Federal Litigation Against USCIS

Mandamus actions and APA challenges to unreasonable delays or unlawful denials, backed by extensive experience reviewing and drafting litigation reports from the government side.

Regulations & Policy Counsel

Analysis and comment on immigration regulations, legislative proposals, and policy memoranda. I drafted regulations and Federal Register notices throughout my career at DHS and State.

Attorney Consulting Services: I work with other attorneys as a consultant on complex immigration issues — TRIG, national security, regulatory interpretation, federal litigation strategy, and more.

Career

28 Years Inside Federal Immigration Law

2018 – 2025
USCIS — Office of the Chief Counsel
Associate Counsel · Nebraska Service Center

Advised adjudicators on I-140, I-130, I-485, TPS, and DACA cases. Reviewed legal sufficiency of USCIS decisions and TRIG eligibility.

2014 – 2018
U.S. Department of State — Visa Office, Bureau of Consular Affairs
Deputy Director, Legal Affairs & Chief, Legislation and Regulations Division

Managed a 30-person office of 19 attorneys. Led State's review of inadmissibility grounds under Presidential Memorandum implementing heightened vetting. Primary attorney on visa number usage and the Visa Bulletin.

2007 – 2014
DHS — Office of the General Counsel
Assistant General Counsel for Immigration Enforcement

Oversaw legal issues involving immigration enforcement for the Obama administration. Assisted DOJ in Arizona v. United States, 567 U.S. 387 (2012). Advised on Guantánamo detainee issues and national security.

2009 – 2015
George Mason University School of Law
Adjunct Professor of Immigration Law

Taught Immigration Law course to upper-level law students.

2005 – 2007
USCIS — Office of the Chief Counsel
Chief, National Security Enforcement Law Division

Led national security case coordination with ICE, FBI, and other agencies. Represented USCIS on the DHS Immigration Task Force for comprehensive immigration reform. Provided DOJ with litigation support on national security cases.

2001 – 2005
ICE / INS — El Paso & San Francisco
Assistant Chief Counsel / Assistant District Counsel

Litigated precedent case Matter of S-K- on material support to terrorist organizations. Represented the government in immigration court and before the BIA. Member of the El Paso Joint Terrorism Task Force.

1997 – 1999
EOIR — Office of the Chief Administrative Hearing Officer
Attorney Advisor / Law Clerk

Assisted Administrative Law Judge Ellen K. Thomas with legal opinions on employer sanctions, immigration-related employment discrimination, and document fraud.

Recognition & Scholarship

Awards & Publications

Selected Awards

  • 2020
    Government Lawyer of the Year
    Federal Bar Association, Immigration Law Section
  • 2017
    Superior Honor Award
    State Dept., Bureau of Consular Affairs — Implementing White House Directives in a Timely and Appropriate Manner
  • 2015
    Meritorious Honor Award
    State Dept., Bureau of Consular Affairs — Modernizing the Immigration System
  • 2013
    OGC Excellence Award — Arizona Litigation Team
    DHS Office of the General Counsel

Selected Publications

  • 2020 "Immigration Cases Before the U.S. Supreme Court in the October 2019 Term," The Federal Lawyer (May/June 2020)
  • 2006 "The Breadth and Impact of the Terrorism-Related Grounds of Inadmissibility of the INA," Immigration Briefings (October 2006)
  • 2004 "The Numerous Federal Legal Definitions of Terrorism: The Problem of Too Many Grails," 30 Journal of Legislation 249 (2004)

Community Service

Federal Bar Association, Immigration Law Section
Board of Directors, 2017–2022

Get in Touch

Schedule a Consultation

Whether you are an individual navigating the immigration system or an attorney seeking expert consultation, I welcome the opportunity to discuss your matter.

Based In
Nebraska
Practice
Federal immigration law —
clients served nationwide
Licensed In
Nebraska · North Carolina · U.S. Supreme Court
Services Offered
Direct representation
Attorney consulting & co-counsel