President Trump Will No Longer Waive Jerusalem Embassy Act

On May 8, 2019, Secretary of State Mike Pompeo informed Congress that President Donald Trump would no longer sign waivers of the Jerusalem Embassy Act [PDF version]. Although President Trump recognized Jerusalem as the capital of Israel on December 6, 2017, and the U.S. Embassy was moved from Tel Aviv to Jerusalem several months later, President Trump continued to sign waivers under the Jerusalem Embassy Act until the move was completed. Secretary Pompeo explained in his determination that “[t]he Jerusalem Embassy Act called on the Department of State to open in Jerusalem not just the offices of the U.S. diplomatic mission to Israel, but also a chief of mission residence for our Ambassador to Israel.” The United States established a chief of mission residence in Jerusalem in consultation with the Israeli government in March 2019. It is because this requirement was satisfied that the Trump Administration determined that no further waivers on the Jerusalem Embassy Act would be necessary.

Please see my earlier blog to read my thoughts on President Trump's decision to extend U.S. recognition of Israel's capital [see blog].

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

DOS Suspends Processing of Adoptions Under India's Hindu Adoption and Maintenance Act

The U.S. Department of State (DOS) announced that it is suspending processing of certain intercountry adoptions from India pending its review of Indian adoption laws [PDF version].

The DOS is reviewing India's Hindu Adoption and Maintenance Act. The review is to determine whether adoptions completed under the law comply with the requirements of the Hague Convention and the Intercountry Adoption Act of 2000. The review is necessary to determine whether DOS can process adoptions under this law under the Hague Convention or whether the DOS must process them on a case-by-case basis. Pending the completion of the review, the DOS will not process Hindu Adoption and Maintenance Act cases for immigration to the United States. The review has no bearing on adoptions completed under India's Juvenile Justice Act.

The DOS advised families with pending Form I-800 petitions and immigrant visa applications who are considering pursuing adoptions under the Hindu Adoption and Maintenance Act to consider deferring their intercountry adoption decisions until the DOS can provide more information. The DOS directed U.S. accredited adoption agencies to not provide referrals to U.S. prospective adoptive parents in such cases until it provides further notice.

We will update the site with more information once it becomes available.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

ICE Starts Warrant Service Officer Program

On May 6, 2019, the U.S. Immigration and Customs Enforcement (ICE) announced the creation of the Warrant Service Officer program [PDF version].

Under section 287(g) of the Immigration and Nationality Act (INA), ICE can partner with local jurisdictions in order to deputize local police to enforce certain aspects of the immigration laws [see article]. The ICE news release explains that the Warrant Service Officer (WSO) program is, in part, “intended for rural jurisdictions that lack the budget and personnel resources to become 287(g) partners…” The WSO program is also “intended for local law-enforcement that wish to honor immigration detainers but are prohibited due to state and local policies that limit cooperation with the agency.”

Under the program, WSO officers will have authority to serve an administrative warrant and execute an arrest on behalf of ICE. After the WSO officer makes the arrest, ICE will have 48 hours to conduct a transfer of custody of the alien unless an Intergovernmental Service Agreement is in effect. If ICE fails to take custody of the alien within 48 hours, the alien must be released. Under the program, “WSO officers will only make arrests within the confines of the jail at which they work…” ICE will continue to send immigration detainers to partner jurisdictions.

ICE states that the statutory authority for the WSO program comes from section 287(g) of the INA. The WSO program will work slightly differently than the 287(g) program, however. “[U]nlike the 287(g) program, WSO officers will not question individuals about their citizenship, alienage or removability, nor will they process aliens who are unlawfully present in the United States.” These limitations were developed after “requests from the National Sheriffs' Association and the Major County Sheriffs of America, which asked for a program limited in scope that would allow jurisdictions prohibited from honoring immigration detainers to cooperate with ICE.”

Officers from jurisdictions that are parties to WSO agreements with ICE will be nominated to receive training from ICE-certified instructors to carry out their authorities under the program. The training for the WSO program is slightly modified from the training required for the 287(g) program.

In short, the 287(g) program will provide limited authority to partner jurisdictions to hold aliens in local jails or correctional facilities for up to 48 hours pursuant to warrants issued by ICE. Pinellas County (Florida) County Sheriff Bob Gualitieri became the first Sheriff to sign on to the WSO program.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

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DOS Warns of Form I-604 Orphan Determination Adjudication Times in Non-Hague Convention Cases

On April 30, 2019, the U.S. Department of State published a reminder for prospective adoptive parents about potentially long processing times for the Form I-604, Determination on Child for Adoption, in non-Hague Convention cases [PDF version].

The notice explains that when the United States Citizenship and Immigration Services (USCIS) adjudicates a Form I-600, Petition to Classify Orphan as an Immediate Relative, in the United States, “the consular section in the child's country must complete a Form I-604 determination.” The Form I-604 determination is “to verify the child's orphan status prior to visa adjudication.” The DOS cautions prospective adoptive parents of children from countries that are not signatories o to the Hague Convention that “depending on the circumstances of the case, it can take several weeks or, in some cases, months to complete the Form I-604 orphan determination.” It added that “[w]hile the Form I-604 [orphan] determination for most cases will consist of an analysis of available documents, some cases will require additional interviews, documentation, or a field investigation, all of which may result in delayed processing of the case.” The DOS listed additional factors that may result in processing delays for the Form I-604 orphan determination:

• Prevailing fraud patterns in the country;
• Available staffing in the consular section; and
• Poor infrastructure and record keeping in the child's country of origin.

Although the DOS tries to adjudicate all Form I-604 orphan determinations expeditiously, it advises prospective adoptive parents “to keep their travel plans flexible while awaiting the Form I-604 determination results.” Prospective adoptive parents are not required to remain in the country during the entire Form I-604 orphan determination process, and may return to the United States pending its completion. The DOS reminds prospective adoptive parents that they should not schedule immigrant visa interviews until they have heard from the applicable consular section regarding the favorable disposition of the Form I-604 orphan determination.

Intercountry adoption is a complicated and time-consuming process, especially for certain non-Hague Convention cases. Prospective adoptive parents should consult with an experienced immigration attorney and their Adoption Service Providers (if the process has already begun) for case-specific guidance on what to expect and what evidence may be necessary for a successful adoption process.

Please see our website's growing section on intercountry adoption to learn more about the process generally [see category].

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

Trump to Nominate Mark Morgan to be Next ICE Director

On May 5, 2019, President Donald Trump announced that he will appoint Mark Morgan as the next Director of the U.S. Immigration and Customs Enforcement (ICE).

Morgan served as the Chief of the Border Patrol during the last several months of the Obama Administration [PDF version]. Prior to his service as Chief of the Border Patrol, Morgan had served for 20 years in the Federal Bureau of Investigations (FBI). After being replaced as Border Patrol Chief at the beginning of the Trump Administration, Morgan gained notoriety for defending certain Trump Administration border enforcement policies, such as the push for a border wall. If confirmed, Morgan will replace Michael Albence, who has been serving as acting Director of ICE since April 11.

President Trump has still not named a nominee to be the next Secretary of Homeland Security. Kevin McAleenan, the current Director of CBP, is serving as the acting Secretary of Homeland Security.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

ACLU/EFF Files Suit Over Warrantless Device Searches at Airports and the Border

The Associated Press reported that the American Civil Liberties Union (ACLU) and the Electronic Frontier Foundation (EFF) filed suit against the U.S. Government over the scope of searches of electronic devices at airports and border crossings [PDF version].[1]

The lawsuit asserts that the number of warrantless searches of cellphones and laptops at airports and border crossings has quadrupled since 2015. Government statistics indicate that there were 33,295 such searches in fiscal year 2018. The agencies primarily responsible for the searches are the U.S. Customs and Border Protection (CBP) and the U.S. Immigration and Customs Enforcement (ICE).

The report states that the Government's newly filed documents indicate that the searches have “expanded to assist in enforcement of tax, bankruptcy, environmental and consumer protection laws, gather intelligence and advance criminal investigations.” The ACLU and EFF argue in their suit that the documents show that the searches are unconstitutionally overbroad under the Fourth Amendment. The Department of Homeland Security (DHS) notes in response in its court filings that no court has yet found warrantless searches of devices at the border to be unconstitutional.

The ACLU and EFF also argue in their suit that the DHS components responsible for the searches retain the information for long periods of time and share it with other Government entities involved with law enforcement.

The extent to which the Fourth Amendment applies to searches of electronic devices at the border, if at all, remains a subject of litigation. The suit also brings up other pressing issues such as the retention of such information seized in searches and the DHS's sharing the information with other law enforcement entities.

These issues reach U.S. citizens traveling across the border as well as non-citizens. For this reason, we will follow this and similar litigation as it develops. Travelers who have concerns about specific searches should consult with an experienced attorney in the applicable area of law for case-specific guidance on how to protect their rights and interests under law.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

1. Riechmann, Deb. “US searches of phones, laptops at airports rising, suit says.” Associated Press. Apr. 30, 2019. https://apnews.com/9cab32c02ca4474ea80fa88e16ba7967

Lawyer website: http://myattorneyusa.com

President Trump Issues Memo on Asylum in Proceedings, Asylum Fees, and Asylum EADs

On April 29, 2019, President Donald Trump issued a Memorandum for the Attorney General and the Secretary of Homeland Security titled “Presidential Memorandum on Additional Measures to Enhance Border Security and Restore Integrity to Our Immigration System” [PDF version]. The Memorandum stated that the policy of the executive branch is “to manage our humanitarian immigration programs in a safe, orderly manner that provides access to relief or protection from removal from the United States for aliens who qualify, and that promptly denies benefits to and facilitates the removal of those who do not.” President Trump directed the Secretary of State and the Secretary of Homeland Security to undertake the following actions in furtherance of U.S. policy.

First, President Trump directed the Attorney General and the Secretary of Homeland Security to propose new regulations ensuring that aliens screened from expedited removal after establishing a credible fear of persecution or torture are promptly placed in full removal proceedings to have their applications for protection from removal considered.

Second, President Trump directed the Attorney General to propose regulations to ensure that all asylum applications adjudicated in immigration court proceedings receive final adjudication within 180 days of filing absent exceptional circumstances. This 180-day limit does not encompass appeals.

Third, President Trump directed the Attorney General and the Secretary of Homeland Security to propose regulations setting a fee for asylum applications. The fee is authorized by section 208(d)(3) of the Immigration and Nationality Act (INA), but may not exceed the costs of adjudicating the application.

Fourth, President Trump directed the Attorney General and the Secretary of Homeland Security to propose regulations barring aliens who have entered or attempted to enter the United States unlawfully from receiving employment authorization while their applications for relief or protection from removal are pending. Furthermore, the President directed the Attorney General and Secretary of Homeland Security to propose regulations providing for the immediate revocation of employment authorization for aliens who had been granted it during the pendency of their applications for asylum or withholding upon the denial of the application.

In a separate section, President Trump directed the Secretary of Homeland Security to “reprioritize the assignment of immigration officers and any other employees of the Department as the Secretary deems necessary and appropriate to improve the integrity of adjudications of credible and reasonable fear claims, to strengthen the enforcement of the immigration laws, and to ensure compliance with the law by those aliens who have final orders of removal.”

The regulations that eventually are implemented as a result of the Memorandum could have significant effects on certain asylum claims. The imposition of an asylum application fee could affect all asylum applications depending on how it is structured. Regulations barring employment authorization for applicants who entered the United States unlawfully while their applications are pending would also be a potentially significant change to the immigration laws. Implementation of the directives calling for the expeditious resolution of proceedings for aliens screened from expedited removal and of asylum in proceedings generally would ultimately depend not only on the new regulatory provisions, but also on the available resources of the immigration courts to process such cases.

We will update the website with more information as the Departments of Justice and Homeland Security promulgate new rules in accordance with President Trump's directive. You may read more about related issues in our website's sections on asylum [see category] and removal and deportation defense [see category].

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

USCIS Completes Data Entry for FY 2020 Cap-Subject H1B Petitions Selected in Lottery

On May 17, 2019, the United States Citizenship and Immigration Services (USCIS) announced that it had completed data entry for all FY-2020 H1B cap-subject petitions selected in the H1B lottery [PDF version].

The USCIS will now begin returning all H1B cap-subject petitions that were not selected in the H1B lottery. The USCIS cannot yet provide a definite time frame for returning the unselected H1B petitions. It requests that petitioners wait until receiving a receipt notice or a returned unselected H1B petition before inquiring about the status of their cap-subject petitions. The USCIS will issue an announcement when it has concluded notifying petitioners.

We discuss issues relating to the FY-2020 H1B cap in a separate article [see article]. To learn about the H1B category and related work visa categories generally, please see our website's sections on Work Visas [see category] and AC21 [see category].

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

June 2019 Visa Bulletin

Introduction

On May 9, 2019, the U.S. Department of State (DOS) released the Visa Bulletin for June 2019 [PDF version]. The Visa Bulletin for June 2019 contains final action date charts and filing date charts for the family-sponsored and employment-based immigrant visa preference categories in June 2019 [PDF version]. On May 16, 2019, the United States Citizenship and Immigration Services (USCIS) determined that adjustment of status applicants in the family-sponsored preferences must use the dates for filing in June 2019 while employment-based adjustment applicants must use the final action dates.

In this article, we will examine the pertinent charts from the June 2019 Visa Bulletin, explain their relevance to adjustment of status applicants, and go over news and notes from the DOS.

To learn more about using the immigrant visa bulletin for adjustment of status, please see our full article on the subject [see article]. We have archived our articles on previous visa bulletins [see archive]. We discuss the difference between the dates for filing and final action dates in a separate blog post [see blog].

Family-Sponsored Cases

The USCIS has determined that beneficiaries of approved family-sponsored preference petitions must use the dates for filing to determine whether they can apply for adjustment of status in June 2019. The beneficiary of an approved family-sponsored preference petition must compare his or her priority date to the filing date cutoff on the visa bulletin for his or her preference category and chargeability area. A beneficiary of an approved family-sponsored immigrant visa petition in one of the preferences will be eligible to able to apply for adjustment of status in June 2019 if his or her priority date is before the applicable filing date cutoff on the immigrant visa bulletin, provided that the applicant is otherwise eligible for adjustment of status.

In most family-sponsored cases, the beneficiary's priority date is the date on which the immigrant visa petition was properly filed on his or her behalf with the USCIS.

The following chart reflects the family-sponsored dates for filing from the June 2019 Immigrant Visa Bulletin [see here].

For reference purposes, the following chart reflects the family-sponsored final action dates from the June 2019 Immigrant Visa Bulletin [see here].

Those planning to apply for adjustment of status must refer to the first chart — the dates for filing. The USCIS's determination that family-sponsored applicants must use the dates for filing is favorable since the filing dates are generally earlier than the final action dates.

Employment-Based Cases

The USCIS has determined that beneficiaries of approved employment-based preference petitions must use the final action to determine whether they can apply for adjustment of status in June 2019. The beneficiary of an approved employment-based preference petition must compare his or her priority date to the final action date cutoff on the visa bulletin for his or her preference category and chargeability area. A beneficiary of an approved employment-based immigrant visa petition in one of the preferences will be eligible to able to apply for adjustment of status in June 2019 if his or her priority date is before the applicable filing date cutoff on the immigrant visa bulletin, provided that the applicant is otherwise eligible for adjustment of status.

For employment-based immigrant visa petitions were labor certification is required, the petition beneficiary's priority date will generally be the date on which the labor certification application was accepted for processing by the U.S. Department of Labor (DOL). Cases where labor certification is not required work similarly to family-sponsored cases regarding the priority date. For employment-based petitions where no labor certification was required, the petition beneficiary's priority date will generally be the date on which the petition was properly filed with the USCIS.

Please note that a final action date or filing date designated as “C” means the date is “current” in June 2019. If the beneficiary of an approved employment-based petition is in a preference category and chargeability area with a final action date of “current” in June 2019, he or she will be able to apply for adjustment of status regardless of his or her priority date, provided that he or she is otherwise eligible for adjustment of status.

The following chart reflects the employment-based final action dates from the June 2019 Immigrant Visa Bulletin [see here].

For reference purposes, the following chart reflects the employment-based dates for filing from the June 2019 Immigrant Visa Bulletin [see here].

Again, it is important to reiterate that beneficiaries of employment-based immigrant visa petitions must use the final action dates to determine if they can file for adjustment of status in June 2019. Employment-based beneficiaries will likely have to use the final action dates for adjustment of status for the remaining months of fiscal year 2019.

News and Notes from the June 2019 Immigrant Visa Bulletin

The DOS posted two notes on the June 2019 Immigrant Visa Bulletin.

Note for India E1

The final action date for India E1 had been steady for the past three months. Due to a continuing “extremely high rate of demand” for India E1 numbers, the India E1 final action date retrogressed in June 2019 in order to keep India E1 visa allocation within the annual limit. The DOS explained that this final action date retrogression is temporary. “[T]he E1 date for India [will] return[] to at least February 22, 2017 for October, the first month of fiscal year 2020.”

Note for India E5

There is continued heavy demand for India E5 numbers. This will result in India approaching the per-country annual limit in July. The DOS stated that it is likely to impose a July final action date for India E5. The final action date “will be sometime in 2017.” In August, India will likely be subject to the same E5 final action date as China-mainland born for the rest of fiscal year 2019.

In October 2019 — the first month of fiscal year 2020 — the India E5 final action date will likely advance to the summer or fall of 2017.

Note for Vietnam E5

There is continued heavy demand for Vietnam E5 numbers as well. Similarly to India, this will result in Vietnam approaching the annual per-country E5 limit in July. For this reason, the DOS will likely impose a final action date on Vietnam E5 in July set sometime in 2017. In August, Vietnam will likely become subject to the same E5 final action date as China-mainland born for the rest of fiscal year 2019.

In October 2019 — the first month of fiscal year 2020 — the Vietnam E5 final action date will likely advance to the early winter of 2016.

Conclusion

It is important for beneficiaries of approved immigrant visa petitions in the preferences to stay abreast of the monthly immigrant visa bulletins — and especially important for those planning to apply for adjustment of status instead of obtaining a visa through consular processing. Immigrant visa applicants should consult with an experienced immigration attorney for any necessary case-specific guidance and assistance.

Please see our website's categories on the following subjects to learn about some of the specific types of processes and visas discussed in this article:

• Adjustment of Status [see category]
• Consular Processing [see category]
• Family Immigration [see category]
• Employment Immigration [see category]
• Investment Immigration [see category]

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com