EOIR Moves Three Immigration Judges to Broadway Immigration Court

The EOIR circulated an email regarding the opening of the new Broadway Immigration Court on September 4, 2019 [PDF version]. As an initial matter, three current immigration judges will be moved from the New York City Immigration Court to the new Broadway Immigration Court:

• Immigration Judge Jesse Christensen
• Immigration Judge Brigitte Laforest
• Immigration Judge Aviva Poczter

Immigration Judges Christensen, Laforest, and Poczter will take their original caseloads from the New York City Immigration Court with them to their new assignments. Subsequent filings will be assigned to one of the three New York City immigration courts based on zip code. The Executive Office for Immigration Review (EOIR) states that “around November 3,” the Broadway Immigration Court will expand to house additional immigration judges.

In one additional piece of news, the EOIR will place cases that had been before Immigration Judges Beschta [see blog], Bukszpan, Donnolo, and Conroy back on the docket. These cases have been on hold due to the retirement, death, or transfer of these four immigration judges.

To learn more about the Broadway Immigration Court, please see our initial post on the matter [see blog]. You can see a collection of our posts on new immigration judges in a separate index [see index].

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 Proposes $10 H1B Registration Fee

On September 4, 2019, the United States Citizenship and Immigration Services (USCIS) published a proposed rule in the Federal Register (FR) which would impose a $10 registration fee on H1B petitioners for each registration submitted for the H1B cap selection process [see 84 FR 46460]. The rule would be codified at 8 C.F.R. 103.7(b)(1)(i)(NNN). The H1B registration rule was codified on January 31, 2019, although it has been suspended for H1B petitions subject to the FY 2020 cap.

The registration fee rule is a proposed rule and is not currently effective. Under the proposed rule, the USCIS would reject or deny H1B cap-subject petitions submitted without the $10 registration fee. Members of the public may submit comments on the proposed rule through October 4, 2019. We will update the website if the USCIS proceeds with publishing a final rule providing for an H1B registration fee.

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

New Filing Addresses For Certain Cap-Exempt H1B Petitions

On September 1, 2019, the United States Citizenship and Immigration Services (USCIS) changed the direct filing addresses for certain petitioners filing Form I-129 cap-exempt H1B petitions [PDF version]. The affected categories of cap-exempt H1B petitions are as follows:

• Continuing previously approved employment from the same employer;
• Changing previously approved employment;
• New concurrent employment;
• Changing an employer;
• Changing status to H-1B;
• Notifying a U.S. consulate, port of entry, or pre-flight inspection; or
• Amending a petition.

Excluded from the list are H1B petitions filed by cap-exempt petitioners or for cap exempt entities, petitions that are cap-exempt based on a Conrad or Interested Government Agency waiver, and H1B petitions filed in cases where the employer is located in Guam or the petition beneficiary will be performing services in Guam (this also excludes all H1B1, H1B2, and H1B3 petitions).

The proper filing address for am H1B petition depends on the type of petition involved and where the petitioner's primary office is located. Petitioners should ensure, prior to filing Form I-129 for an H1B beneficiary, that they are using the most current filing address. The USCIS advises that beginning on October 1, 2019, it may begin rejecting Form I-129 cap-exempt petitions filed with the wrong address. The USCIS posts and updates the most current filing address information at www.uscis.gov/i-129-addresses.

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 Reopens Non-Military Deferred Action Cases That Were Pending on August 7, 2019

On September 2, 2019, the United States Citizenship and Immigration Services (USCIS) reopened non-military deferred action cases that had been pending on August 7, 2019 [PDF version]. On August 7, the USCIS had sent out letters informing requestors that it had stopped considering deferred action for detained non-military requestors. It stated that the individuals whose deferred action requests were denied on August 7 did not have removal orders pending and have not been targeted for removal.

The USCIS is not resuming consideration of non-military deferred action cases generally, noting that the new policy will allow USCIS employees to devote their resources to other types of legal immigration applications more efficiently. Its decision only extends to non-military deferred action cases that were pending on August 7.

Deferred action requests by military members and under DACA were not affected by the August 7 announcement. The USCIS continues to consider those types of deferred action requests.

Those seeking relief from the threat of removal or legal immigration status should consult with an experienced immigration attorney for case-specific guidance.

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

New USCIS Page for E-Verify Videos

The United States Citizenship and Immigration Services moved all of its informational E-Verify videos to its E-Verify video resources page on September 3, 2019 [PDF version]. Employers and employees seeking more information about the E-Verify program may access the USCIS's videos at www.e-verify.gov/about-e-verify/e-verify-videos. Those with case-specific questions about E-Verify requirements from either the employer's or employee's perspective may consult with an experienced immigration attorney for guidance.

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

Pence Satisfied With Poland's Progress Toward Joining the Visa Waiver Program

Vice President Mike Pence stated during a meeting with Polish President Andrzej Duda on September 2, 2019, that he is pleased with Poland's progress toward meeting the requirements for inclusion in the Visa Waiver Program [link].[1] We hope that as Vice President Pence suggested, Poland will be fully ready to join the Visa Waiver Program in the near future.

We discuss the Visa Waiver Program and related issues involving travel visas in a growing section on site [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.

1. Goelowski, Marcin. “Pence pleased Poland nearly ready for U.S. visa program.” Reuters. Sep. 2, 2019. https://www.reuters.com/article/us-usa-poland-visas-idUSKCN1VN0SX

Lawyer website: http://myattorneyusa.com

EOIR Selects Four New Assistant Chief Immigration Judges

Introduction

The Executive Office for Immigration Review (EOIR) selected four new assistant chief immigration judges on August 23, 2019. Assistant chief immigration judges oversee the operations of the immigration courts to which they are assigned. In addition to these oversight responsibilities, assistant chief immigration judges also hear cases.

Below, we will provide biographical information about each of the new assistant chief immigration judges courtesy of the EOIR notice [PDF version]. Please see our topic index for all of our posts on new immigration judges, administrative immigration judges, and members of the Board of Immigration Appeals (BIA) [see index].

New Assistant Chief Immigration Judges

The four new assistant chief immigration judges will each serve on one immigration court.

Theresa Holmes-Simmons, Assistant Chief Immigration Judge, Charlotte Immigration Court

• 2008-2019: Immigration judge at the Charlotte Immigration Court
• 1998-2008: Immigration judge at the New York City Immigration Court
• 1996-1998: Assistant district counsel for the former Immigration and Naturalization Service in New York
• 1994-1996: Special prosecutor and assistant attorney general, New York State Attorney General's Office
• 1988-1994: Assistant district attorney with the New York County District Attorney's Office
• Juris Doctorate from Rutgers University School of Law in 1988

Judge Holmes-Simmons served as an immigration judge on the New York City and Charlotte Immigration Courts for 21 years. Prior to serving as an immigration judge and working as an attorney for the former Immigration and Naturalization Service, Judge Holmes-Simmons worked for eight years as a prosecutor with the New York State Attorney General and the Manhattan District Attorney's Office. She has an undergraduate degree from CUNY Brooklyn College.

Christopher R. Seppanen, Assistant Chief Immigration Judge, Detroit Immigration Court

• 2017-2019: Immigration judge at the Cleveland Immigration Court
• 2002-2017: Administrative law judge for the State of Michigan in Lansing, Michigan (2014-17 Chief administrative law judge; 2012-2014 Deputy chief administrative law judge; 2002-2012 Supervisory administrative law judge)
• 1997-2002: Administrative law judge for the State of Michigan, in Manistee, Michigan
• 1996-1997: Trial attorney for the Office of Public Advocacy, in Alpena, Michigan
• Juris Doctor from the University of Kentucky School of Law in 1993

Before his two-year stint as an immigration judge on the Cleveland Immigration Court, Judge Seppanen served as an administrative law judge in Michigan for two decades, giving him extensive experience in a variety of administrative judicial settings. He is the only one of the new class of assistant chief immigration judges to be appointed to serve at a different immigration court than the one he had been serving on as a regular immigration judge. We covered his appointment as an immigration judge in an earlier post [see blog].

Hugo R. Martinez, Assistant Chief Immigration Judge, Fort Worth Immigration Adjudication Center

• 2018-2019: Immigration judge at the Fort Worth Immigration Adjudication Center
• 2010-2018: Assistant U.S. attorney at the U.S. Attorney's Office for the Southern District of Texas in Corpus Christi, Texas
• 2005-2010: Assistant district attorney for the Tarrant County District Attorney's Office in Fort Worth, Texas
• 2004-2004: Private practice
• Juris Doctor from Texas A&M School of Law in 2004

Judge Martinez served as a prosecutor at the Federal and State levels for 13 years prior to taking the immigration bench in November 2018. We covered his initial appointment as an immigration judge at the Fort Work Immigration Adjudication Center in a separate post [see blog].

Grady A. Crooks, Assistant Chief Immigration Judge, LaSalle Immigration Court

• 2018-2019: Immigration judge at the LaSalle Immigration Court
• 2017-2017: Assistant U.S. attorney at the U.S. Attorney's Office for the Western District of Louisiana in Shreveport, Louisiana
• 2005-2016: Attorney for the U.S. Air Force in a number of locations
• Juris Doctor from Rutgers University School of Law in 2004

Save for one year as a Federal prosecutor, Judge Crooks' experience came as an attorney for the U.S. Air Force prior to taking the immigration bench at the LaSalle Immigration Court in late 2018. He was part of the same class of immigration judges as Judge Martinez (see above), and we covered his initial appointment in the same post [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

Affirmative Asylum Delays at the Newark Asylum Office and Boston Sub Office

On August 16, 2019, the American Immigration Lawyers Association (AILA) forwarded an email alert from the Newark Asylum Office to immigration attorneys across the country. The email states that the Newark Asylum Office and the Sub Office in Boston will divert a significant number staff to help adjudicate cases on the Southwest Border, effective August 19, 2019.

The Newark Asylum Office explains that this diversion of staff will have an effect on its ability to process affirmative asylum cases under its jurisdiction. Accordingly, the Newark Asylum Office will continue to conduct interviews in only a small number of affirmative asylum cases at its Newark (Lyndhurst, NJ) office. The Boston Sub Office will complete the processing of affirmative asylum cases for which interviews have already been conducted, but will not schedule interviews in any new cases. The email states that the Newark Field Office will endeavor to resume a more normal interview schedule as soon as possible. For any cases that are scheduled for interviews, the Newark Office will follow existing affirmative asylum priorities.

This announcement comes as highly unwelcome news for many affirmative asylum applicants, many of whom have already been subjected to extremely lengthy adjudication processes. Current and future asylum applicants should always work closely with an experienced immigration attorney in the area of asylum law. An experienced attorney will not only be able to determine if an individual has a colorable asylum claim and, if so, assist the individual throughout the complicated asylum process, but will also ensure that the individual's rights and interests are protected throughout the process — including by advising the applicant on his or her potential eligibility for employment authorization based on a long-pending asylum application.

We will update the website with more information on this important issue if and when it becomes available. To learn about asylum generally, please see our growing selection of articles on site [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

EOIR Swears in Six New Members of the Board of Immigration Appeals

Introduction

The Executive Office for Immigration Review (EOIR) held an investiture ceremony on August 23, 2019, to swear in six new members of the Board of Immigration Appeals (BIA). All six new Board members were appointed by U.S. Attorney General William Barr. In this post, we will list the new Board members and include biographical information on each from their profiles in the EOIR notice [PDF version].

Please see our index article for all of our posts on new immigration judges and BIA members [see index]. One of our posts includes the investiture of new Board Members Goodwin and Gorman as immigration judges in 2017 [see blog].

New BIA Members

The following are profiles on the six new BIA members.

William A Cassidy, Board Member

• 1993-2019: Immigration Judge appointed by former Attorney General Janet Reno (New York, New York 1993-96; Atlanta, Georgia 1996-2019)
• 1992-1993: Private practice
• 1987-1992: General attorney and director of training at the former Immigration and Naturalization Service
• 1981-1987: Local prosecutor
• Juris Doctorate from John Marshall/Cleveland State University in 1980

Board Member William Cassidy served as an immigration judge for 26 years, giving him the most experience on the immigration bench of the six new Board members. He had previously worked as a lawyer for the former Immigration and Naturalization Service for five years.

V. Stuart Couch, Board Member

• 2010-2019: Immigration Judge appointed by former Attorney General Eric Holder (Charlotte, North Carolina)
• 2009-2010: Private practice
• 2006-2009: Senior appellate judge on the U.S. Navy-Marine Corps Court of Criminal Appeals in the District of Columbia
• 2003-2006: Assigned to the Department of Defense, Office of Military Commissions as a senior prosecutor for select detainees held at Guantanamo Bay, Cuba
• 2001-2003: Chief trial counsel and military justice officer for Camp Lejeune, North Carolina
• 1999-2001: Local prosecutor
• 1996-1999: Chief trial counsel and special assistant U.S. attorney at Marine Corps Air Station, Cherry Point North Carolina
• 1989-1993: Marine Corps pilot
• Juris Doctor from Campbell University in 1996

Board Member V. Stuart Couch spent the previous nine years as an immigration judge at the Charlotte Immigration Court. Most of his prior experience came as a military judge and lawyer, including stints as a military appellate judge and as a prosecutor at Guantanamo Bay.

Deborah K. Goodwin, Board Member

• 2017-2019: Immigration judge appointed by former Attorney General Loretta Lynch (Miami, Florida)
• 2015-2017: Associate legal advisor for the District Court Litigation Division, Immigration and Customs Enforcement, Department of Homeland Security, in the District of Columbia
• 2007-2015: Associate counsel for U.S. Citizenship and Immigration Services, Department of Homeland Security, in San Francisco
• 2002-2007: Assistant chief counsel for U.S. Immigration and Customs Enforcement, Department of Homeland Security (and former Immigration and Naturalization Service) in San Francisco
• Juris Doctor from the State University of New York at Buffalo School of Law in 2000

Board Member Deborah K. Goodwin's experience comes primarily from her work as an attorney for several immigration components of the Department of Homeland Security from 2002-2017. Prior to being selected as a Board Member, she served a two-year stint as an immigration judge at the Miami Immigration Court.

Stephane E. Gorman, Board Member

• 2017-2019: Immigration judge appointed by former Attorney General Loretta Lynch (Houston, Texas)
• 2014-2017: Attorney and legal instructor at the Federal Law Enforcement Training Center in Glynco, Georgia, for the Office of Chief Counsel, Customs and Border Protection, Department of Homeland Security
• 2008-2014: Assistant chief counsel for the Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security
• 2009-2012: Special assistant U.S. attorney for the U.S. Attorney's Office, Middle District of Florida, Department of Justice, in Orlando, Florida
• 2007-2008: Judicial law clerk for Judge M. James Lorenz of the U.S. District Court for the Southern District of California, San Diego
• 2007-2007: Judicial law clerk for Judge Roger Benitez of the U.S. District Court for the Southern District of California, San Diego
• 2006-2007: Local prosecutor
• 2003-2006: Various capacities at the Thomas Jefferson School of Law
• Juris Doctor from the Thomas Jefferson School of Law in 2002, Master of Laws from the University of San Diego School of Law

Board Member Gorman worked as an attorney in various capacities for the immigration components of the Department of Homeland Security for nearly a decade before beginning her short stint as an immigration judge on the Houston Immigration Court. In addition to her experience with immigration agencies, she has worked briefly as a prosecutor, Federal judicial law clerk, and law professor.

Keith E. Hunsucker, Board Member

• 2010-2019: Immigration judge appointed by former Attorney General Eric Holder (2017-2019 Cleveland, Ohio; 2010-2017 Port Isabel, Texas)
• 2000-2010: Senior instructor for the Federal Law Enforcement Training Center, Legal Division, Department of Homeland Security, in Glynco, Georgia
• 1992-2000: Attorney for the former Immigration and Naturalization Service in Atlanta
• 1989-1992: Attorney for the former Immigration and Naturalization Service in Harlingen, Texas
• 1989-1989: Judicial law clerk for the Ohio Court of Appeals, 9th Judicial District
• 1988-1989: Private practice
• 1987-1988: Attorney for the former Immigration and Naturalization Service in the Attorney General's Honors Program, in San Francisco
• Juris Doctorate from the University of Akron School of Law in 1987

Board Member Hunsucker has over three decades of experience as an immigration judge and lawyer in various capacities in the Department of Homeland Security and former Immigration and Naturalization Service.

Earle B. Wilson, Board Member

• 2005-2019: Immigration judge appointed by former Attorney General Alberto Gonzales (Atlanta, Georgia 2010-2019; Orlando, Florida 2007-2010; Miami, Florida 2005-2007)
• 1998-2004: Senior litigation counsel and trial attorney with the Office of Immigration Litigation, Department of Justice, in the District of Columbia
• 1996-1998: Assistant U.S. attorney with the U.S. Attorney's Office in Maryland
• 1992-1996: Senior counsel at the Securities and Exchange Commission in the District of Columbia
• 1990-1992: Private practice
• 1989-1990: Judicial law clerk to Judge Joseph W. Hatchett of the United States Court of Appeals for the Eleventh Circuit in Tallahassee, Florida
• Juris Doctorate from Howard University School of Law in 1989

Prior to his 14-year stint as an immigration judge, Board Member Wilson had a variety of experience in legal capacities, including serving as a Federal prosecutor and attorney at the Securities and Exchange Commission. He is the only new Board Member to have clerked for a Federal appellate judge.

Conclusion

The BIA hears appeals from immigration courts across the country and issues a number of important precedential decisions every year [see index]. For this reason, the new Board Members will be important to the interpretation of the immigration laws for years to come. All six have served previously as immigration judges, and most have extensive prior experience with the various immigration components of the Federal government.

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

Uptick in Visa Denials on Public Charge Grounds in FY-2019

Although the Trump Administration's expansive new public charge rule does not take effect until October [see blog], Politico reported on August 6, 2019, that visa denials on public charge grounds have increased dramatically in fiscal year 2019 [link].[1]

According to the report, the U.S. Department of State refused 12,179 visa applications on public charge grounds from October 1, 2018, through July 29, 2019. The state department refused only 1,033 visas on public charge grounds for the entirety of fiscal year 2016.

The report focuses on the large number of refusals of visa applications by Mexican citizens in particular. In the first 10 months of fiscal year 2019, the DOS denied 5,343 immigrant visa applications by Mexicans on public charge grounds. Only 7 such applications by Mexicans were denied in the entirety of fiscal year 2016.

The numbers obtained by Politico indicate that the Trump Administration has applied the public charge ground of inadmissibility more stringently than did the Obama Administration in 2016. Considering that the uptick in denials occurred under the rules in place since 1999, it is likely that the imposition of the new public charge rules in October will create an even higher bar for family-sponsored immigrant visa and adjustment of status applicants going forward. Those with case-specific concerns should consult with an experienced immigration attorney for guidance on the applicable public charge rules and concerns that may arise in their immigrant processes.

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. Hesson, Tim. “Exclusive: Visa denials to poor Mexicans skyrocket under Trump's State Department.” Politico. Aug. 6, 2019. https://www.politico.com/story/2019/08/06/visa-denials-poor-mexicans-trump-1637094

Lawyer website: http://myattorneyusa.com

USCIS Returns All Unselected FY 2020 H1B Cap-Subject Petitions

On August 15, 2019, the United States Citizenship and Immigration Services (USCIS) announced that it had returned all unselected FY 2020 H1B cap-subject petitions [PDF version]. The USCIS advised petitioners who submitted an H1B cap-subject petition that was (1) delivered to the USCIS between April 1 and April 5, 2019, and (2) have not received a receipt notice or returned petition by August 29, 2019, to contact it for assistance.

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

Kazakhstan Maintains Suspension on Adoptions by Americans

On July 12, 2019, the U.S. Department of State announced that it had confirmed with the Government of Kazakhstan that intercountry adoptions between the United States and Kazakhstan remains suspended [PDF version]. The suspension is in effect due to outstanding post-adoption reports for Kazakh children previously adopted by U.S. parents.

The DOS emphasizes that “[t]imely submission of [post adoption reports] is critical to our ongoing efforts to resume intercountry adoptions between the United States and Kazakhstan.” For this reason, it urges U.S. adoptive parents of Kazakh children to comply with Kazakhstan's post adoption reporting requirements in order to convince Kazakhstan to lift its suspension on future adoptions by U.S. parents. We have an article on site discussing Kazakhstan's post-adoption reporting requirements [see article].

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

Sierra Leone Lifts Suspension of Intercountry Adoptions

The Department of State (DOS) noted that the Government of Sierra Leone did not extend its suspension of processing new intercountry adoptions beyond June 3, 2019 [PDF version]. This should come as welcome news to prospective adoptive parents of children from Sierra Leone We have previously written about Sierra Leone's suspension of intercountry adoptions [see blog].

To learn more about international adoption in the immigration context, please see our growing selection of articles on site [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

Troubling Move By Trump Administration to Decertify Immigration Judge Union

In what I find to be troubling news, Fox News reports that the Trump Administration is moving to decertify the National Association of Immigration Judges (NAIJ) [link].[1]

Although the move to decertify the immigration judge's union involves technical labor law issues, the administration's message is clear, and its effect would be deleterious for noncitizens in removal proceedings and the attorneys who represent them.

Over the last several years, the Department of Justice (DOJ) has undertaken several moves which have curtailed the independence of the immigration bench to the detriment of noncitizens in immigration proceedings. Attorney General decisions have almost entirely ended the practice of administrative closure [see article], curtailed continuances [see article], and reversed prior precedent decisions making it possible for victims of private violence [see article] and violence based on family membership [see article] to be considered for asylum. Former Attorney General Jeff Sessions established unreasonable case quotas for immigration judges and narrowed the cases in which they may exercise their proper discretion as judges [see blog], while former Deputy Attorney General Rod Rosenstein emphasized that immigration judges are members of the executive branch who must follow all lawful instructions from the Attorney General [see blog]. As an immigration attorney who practices before immigration courts across the country, I have experienced the negative effects that these precedents and new guidance documents from main DOJ have had on noncitizens' right to receive the full consideration they are due in immigration court.

With this context in mind, it is evident that the administration's move to decertify the NAIJ is yet another step in a troubling trend. Over the past several years, the NAIJ has not only looked out for its members' personal interests, but also their professional interests — in this case, having the independence and freedom to adjudicate each and every case fully and fairly. In this sense, the NAIJ has been an ally to noncitizens. While many decisions in immigration court will inevitably be unfavorable to noncitizen respondents, the NAIJ has worked to ensure that immigration judges will be at liberty to consider all the facts and decide the case in light of the facts, the law, and their own judicial judgment. Former immigration judges have also taken steps to defend the judicial independence of those currently on the immigration bench.

We will continue to watch and write about issues involving the independence of immigration judges in the weeks and months ahead.

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. Shaw, Adam. Trump administration seeks to break up immigration judge's union.” Fox. News. Aug. 10, 2019. https://www.foxnews.com/politics/trump-administration-looks-to-break-up-immigration-judges-union

Lawyer website: http://myattorneyusa.com

USCIS Will Maintain Only Seven International Field Offices

On August 9, 2019, the United States Citizenship and Immigration Services (USCIS) announced that it will only maintain international field offices at seven locations going forward [PDF version].

The USCIS will maintain operations at the following field offices:

• Beijing, China;
• Guangzhou, China;
• Nairobi, Kenya;
• Guatemala City, Guatemala;
• New Delhi, India
• Mexico City, Mexico; and
• San Salvador, El Salvador.

The USCIS had previously decided to maintain its field offices in Guatemala City, Mexico City, and San Salvador in order to address the crisis at the southern border. The August 9 announcement added the field offices in Beijing, Guangzhou, Nairobi, and New Delhi to the list of continuing USCIS field offices.

Elsewhere, the USCIS stated that it would close its thirteen other international field offices and three district offices by August 2020. The first two to close will be the field offices in Monterrey, Mexico, and Seoul, South Korea.

The USCIS explained that in locations where field offices are being closed, “[m]any functions currently performed at international offices will be handled domestically or by USCIS domestic staff on temporary assignments abroad.” The U.S. Department of State (DOS) will assume responsibility for certain in-person functions that had previously been performed at USCIS international field offices. The DOS already performs many of these functions in locations where the USCIS does not currently have international field offices.

Those with questions about how the closure of a specific USCIS field office may affect their cases should consult with their immigration attorney for case-specific guidance. We discuss the closure of the USCIS's international field office in Seoul, South Korea, in a separate post [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

DHS Publishes Comprehensive New Public Charge Rule (Effective October 15, 2019)

On August 14, 2019, the United States Citizenship and Immigration Services (USCIS) announced that the Department of Homeland Security (DHS) had published a final rule in the Federal Register regarding the public charge ground of inadmissibility [PDF version]. The rule, which runs 217 pages, will become effective on October 15, 2019 [PDF version]. In this post, we will examine the key points of the new public charge rule. We will publish a comprehensive article on the public charge rule before its effective date.

The USCIS explains in its summary that the rule defined the term “public charge” as reaching an alien who receives benefits for more than 12 months, in the aggregate, out of any 36 month period. Thus, if an alien receives two benefits in one month, the USCIS would consider that two months toward the 12 month limit. The rule will render certain nonimmigrants who received designated public benefits above the new threshold ineligible for change of status or extension of stay if they received the benefits after obtaining the nonimmigrant status they seek to change or extend. The public charge rule will not apply, however, to “humanitarian-based immigration programs for refugees, asylees, Special Immigrant Juveniles (SIJs), certain trafficking victims (T nonimmigrants), victims of qualifying criminal activity (U nonimmigrants), [] victims of domestic violence (VAWA self-petitioners), among others.”

The public charge rule will expand the ambient of benefits considered in public charge determinations. The term “public benefit” will now be interpreted to include “any cash benefits for income maintenance, Supplemental Security Income (SSI), Temporary Assistance to Needy Families (TANF), Supplemental Nutritional Assistance Program (SNAP), most forms of Medicaid, and certain housing programs.” It is worth noting that the public charge rule does not treat the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) as a public benefit for public charge determinations, despite there having been speculation that it would do so. The definition of public benefit will also not include “benefits received by individuals who are serving in active duty or in the Ready Reserve component of the U.S. armed forces, and their spouses and children; public benefits received by certain international adoptees and children acquiring U.S. citizenship; Medicaid for aliens under 21 and pregnant women; Medicaid for school-based services (including services provided under the Individuals with Disabilities Education Act); and Medicaid benefits for emergency medical services.”

While the public charge rule greatly expands the scope of the public charge inadmissibility ground, it also defines the USCIS's discretionary authority to, in limited circumstances, allow an alien who is inadmissible only on public charge grounds to post a public charge bond in order to gain admission. The minimum public charge bond amount provided for by the rule is $8,100. The actual amount of public charge bond in any given case will depend on the alien's individual circumstances.

The public charge rule will only apply to applications and petitions postmarked (or submitted electronically, if applicable) on or after the effective date of October 15, 2019. This means that applications and petitions already pending with the USCIS on the effective date will be considered under the former public charge rules.

The public charge rule reflects one of the most significant immigration policy changes in recent years, and it will force many noncitizens in the United States to make difficult choices in the future. Although the rule will likely be subject to litigation and may be enjoined, noncitizens should plan as if the rule will take effect as planned on October 15, 2019. Those with questions about what the rule means for their current or future plans should consult with an experienced immigration attorney for a case-specific assessment. As we noted at the top, we will publish a comprehensive article on the new public charge rule before it takes effect on October 15, 2019.

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 Issues Reminder About New Form I-129 Rejection Policies

The United States Citizenship and Immigration Services (USCIS) issued a reminder that on August 5, 2019, it has implemented a policy rejecting Form I-129 petitions that do not include the petitioner's or applicant's name and primary U.S. office address on Part 1 of the form [PDF version]. We discussed the policy in an article on site [see article]. The USCIS addressed H2A petitioners specifically explaining that,”[b]ecause of the time-sensitive nature of the H-2A visa classification in particular, we remind H-2A petitioners that failure to follow this guidance may result in rejections of their petitions, adding time to the H-2A process.”

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 Announces Intent to Terminate the FWVP and Haitian Family Reunification Parole Programs

On August 2, 2019, the United States Citizenship and Immigration Services (USCIS) announced its intention to terminate the following two categorical parole programs [PDF version]:

• Haitian Family Reunification Parole program.
• Filipino World War II Veterans Parole program.

Both of these programs allowed certain individuals with approved family-based immigrant visa petitions to enter the United States as parolees while they waited for an immigrant visa number to become available. The termination of the programs will end the categorical expedited processing available to individuals who previously qualified.

Current parolees under both programs will maintain their current periods of parole until those periods expire, unless parole is terminated on other grounds. The USCIS will also process all pending cases under both programs to their completion. Current parolees who have not yet adjusted immigration status or been admitted may request parole under the regular, non-categorical parole process, by filing the Form I-131, Application for Travel Document, in accordance with the form instructions.

The USCIS explained that its decision to terminate these two categorical parole programs is in accord with President Donald Trump's Executive Order 13767, Border Security and Immigration Improvements (Jan. 25, 2017) [PDF version], which stated that it was the policy of the Administration to end the categorical parole programs and which directed the Secretary of Homeland Security to ensure that parole authority is exercised on a case-by-case basis. Acting USCIS Director Ken Cuccinelli stated that individuals who would have otherwise benefitted from the categorical parole programs will now be subject to the same parole rules and considerations as all other individuals. He added that “[p]arole is to be used on a case-by-case basis for urgent humanitarian reasons or significant public benefit. USCIS is committed to exercising this limited authority in a manner that preserves the integrity of our immigration system and does not encourage aliens to unlawfully enter the United States.”

The statement adds that the USCIS is reviewing other categorical parole programs that remain extant.

Individuals who are already benefitting from the Haitian Family Reunification Parole program or the Filipino World War II Veterans Parole program may consult with an experienced immigration attorney for a case-specific assessment of how the USCIS's decision affects their cases. So too may individuals with pending applications under either program or who were planning to pursue parole status. It is possible, if not likely, that the USCIS's decision on one or both programs will be challenged in court. Furthermore, it is possible that Congress may consider passing legislation to preserve the essence of one or both programs, which is exactly what it did after the USCIS terminated a categorical parole program for certain residents of the Commonwealth of the Northern Mariana Islands [see blog]. We will update the website with more information on either of these programs if it becomes available.

We discuss the Filipino World War II Veterans Parole program — which is now being phased out — in a separate article on site [see article].

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 Publishes Comprehensive New EB5 Rule

On July 24, 2019, the United States Citizenship and immigration Services (USCIS) published its new final rule on the EB5 immigrant investor program, titled “EB-5 Immigrant Investor Program Modernization” [84 FR 35750 (Jul. 24, 2019) PDF version]. The rules, which take effect on November 21, 2019, represent arguably the most significant changes to the EB5 program since its inception in 1993. In this post, we will briefly examine the key points of the new rule with reference to the USCIS's press release on the matter [PDF version]. We will publish a comprehensive article on the new rule in the near future, before it takes full effect.

The four most significant changes in the new final rule are as follows:

1. The standard minimum investment amount will be raised from $1,000,000 to $1,800,000. The standard minimum investment amount for TEAs will be raised from $500,000 to $900,000. The minimum investment amounts will automatically adjust for inflation every five years. The EB5 minimum investment amounts had not been changed since the EB5 program took effect.
2. Rather than allow states to designate certain geographic and political subdivisions as high-unemployment areas through combining series of census tracts to combine a prosperous area with actual high-unemployment areas, the DHS will make such designations based on revised requirements in the final rule. This will potentially have a significant effect on certain EB5 projects in large cities, including New York City.
3. The new rule will require certain derivative EB5 family members to independently file for the removal of conditions from their lawful permanent resident status. This independent filing requirement will not apply to derivative family members who were included in a principal EB5 investor's petition to remove conditions.
4. The new final rule will allow certain EB5 immigrant investors to retain their original priority date when they need to file a new EB5 petition.

The new EB5 rule will dramatically alter the EB5 landscape, from raising the minimum investment thresholds to changing the TEA-designation process. EB5 investors and potential EB5 investors should consult with an experienced immigration attorney for case-specific guidance on how they may be affected by the new rules. We will update the website with a detailed look at the new rules in the near future. For the time being, please see our growing selection of articles on Investment Immigration [see category] to learn about a variety of issues involving the EB5 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.

Lawyer website: http://myattorneyusa.com

Senate Confirms Mark Esper as Secretary of Defense

On July 23, 2019, the U.S. Senate confirmed Mark Esper as the new Secretary of Defense by a vote of 90-8. Esper had been serving as the Acting Secretary of Defense since June 23, 2019 [see blog]. He had previously served as Secretary of the Army since November 20, 2017. The Defense Department had been without a Senate-confirmed Secretary since former Secretary James Mattis departed on December 31, 2018.

On July 25, 2019, Secretary Esper delivered remarks at a welcoming ceremony, which you can watch courtesy of the White House's YouTube channel [see here].

The Defense Department has a limited role in the immigration context. It advises the President on certain national security and refugee program-related matters, administers the now-suspended MAVNI program [see article], and is playing a minor role in assisting the Department of Homeland Security in securing the Southwest border.

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

President Trump Nominates Eugene Scalia to be Next Secretary of Labor

On July 19, 2019, Alexander Acosta resigned as the Secretary of Labor, leaving Deputy Secretary Patrick Pizzella as the Acting Secretary of Labor. One day earlier, President Donald Trump announced that he would nominate Eugene Scalia to be the next Secretary of Labor. The Department of Labor (DOL) plays a significant role in the administration of certain immigrant and nonimmigrant work visa categories, including being responsible for labor certification [see category].

Eugene Scalia is the son of former Supreme Court Associate Justice Antonin Scalia. He has spent most of his career in private practice, but served for one year as the Solicitor of the Department of Labor during the George W. Bush Administration.

We will update the website with more information if Scalia is confirmed to serve as the next Secretary of Labor.

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

Delays in Processing Intercountry Adoptions From South Africa

On June 28, 2019, the U.S. Department of State advised prospective adoptive parents and adoption service providers of potential delays in the processing time to complete intercountry adoptions from South Africa [PDF version]. The cause for delay is the South African Department of Home Affairs' changing its process on how Hague Convention adoptions are noted on birth certificates.

The DOS advises prospective adoptive parents of children from South Africa to keep their travel plans flexible while waiting for the South African Department of Home Affairs to issue birth certificates and passports. The DOS states that while the previous processing time was approximately six weeks, it has now received reports from prospective adoptive parents and adoption service providers of waits of one year or more in some cases.

The DOS states that both the Consulate General in Johannesburg and the South African Central Authority are aware of the delays in processing birth certificates and South African passports for children adopted under the Hague Convention and are monitoring the situation.

Those facing adoption delays should continue working with their adoption service providers. An experienced immigration attorney may be able to assist with the immigration aspects of intercountry adoptions. To learn more about intercountry adoption generally, please see our growing selection of articles on site [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 Holding Naturalization Ceremonies on Independence Day Week

The United States Citizenship and Immigration Services (USCIS) has made it a tradition to hold a large number of naturalization ceremonies on the week of Independence Day [see blog]. 2019 will be no exception to the rule, with USCIS planning to welcome nearly 7,500 new citizens between July 1 and July 5 [PDF version]. The USCIS posted its full list of naturalization ceremonies for the week [PDF version].

Both the Acting Director of USCIS and Deputy Director of USCIS delivered remarks at naturalization ceremonies taking place on July 2.

Acting Director Ken Cuccinelli delivered remarks at a naturalization ceremony taking place in New York City at the 9.11 Memorial and Museum [PDF version]. The Acting Director singled out for praise several new citizens who had served in the United States National Guard and military, including Felix Maria Castillo Lachapelle, who joined the U.S. Army during the Vietnam War. Acting Director Cuccinelli also noted the solemn location of the ceremony:

This July 4th, we will celebrate the birth of our nation 243 years ago. Starting on July 4, 1776, and continuing through today, the citizens of this country have stood firm in the face of adversity and challenge. Throughout our history, we have come together to turn tragedy into strength and opportunity — to forge our future together as citizens. A clear example of this American strength was the resounding patriotism all citizens showed in the aftermath of 9/11.

We are stronger today because of naturalized citizens like all of you, individuals who followed the rules, upheld our laws, and chose to make a permanent commitment to the United States.

Deputy Director Mark Koumans delivered remarks at a naturalization ceremony taking place on the USS Constitution in Massachusetts [PDF version]. Similarly to Acting Director Cuccinelli, Deputy Director Koumans tied his remarks to the new citizens to the location of the ceremony:

Not far from where the ship is berthed is Bunker Hill, the site of one of the key battles of the Revolutionary War, which was touched off by our Declaration of Independence. Other historical turning points during that period include the famous lanterns hung in the Old North Church, the Boston Tea Party, and the first shots fired at the Boston Massacre. I hope you are familiar with these events that shaped our nation's history. Did you know that one of the half dozen men who died in the Boston Massacre was Crispus Attucks, who was of African American and Native American descent? Immigrants like him and you have been in Boston for a long time indeed.

AAs you become our newest U.S. citizens today, this history is now YOUR history, and you will be part of the next chapter of our shared history.

At the Law Offices of Grinberg & Segal, we know how special it is to become a U.S. citizen. We offer our wholehearted congratulations to the nearly 7,500 new citizens celebrating their naturalization this Independence Day week.

To learn about citizenship and naturalization generally, including rules and requirements, please see our growing selection of articles here at myattorneyusa.com [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

OMB Completes Review of New EB5 Final Rule

The American Immigration Lawyers Association (AILA) reported that that the Office of Management of and Budget (OMB) has completed its review of the EB-5 Immigrant Investor Program Modernization final regulation.[1] With this step completed, the Department of Homeland Security (DHS) may move to publish the Final Rule in the Federal Register (FR), after which it would likely become effective within 30 to 60 days of publication.

We have on site a comprehensive review of the interim final rule version of the provision [see article]. The interim final rule included provisions that would substantially alter the EB5 immigrant investor program, including raising the minimum investment thresholds and changing how targeted employment areas are calculated. Because the text of the final rule is not yet available, we do not yet know how it may have changed from the interim rule.

We will update the website with more information once the DHS publishes the EB5 final rule. Those seeking to obtain immigrant visas through investment should consult with an experienced immigration attorney for guidance before beginning the petitioning process. You may learn more about investment immigration and the EB5 category in our growing section on the subject on site [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.

1. AILA, “OMB Completes Review of the EB-5 Immigrant Investor Program Modernization Regulation.” Available at AILA Doc. No. 19022542 (Jun. 28, 2019)

Lawyer website: http://myattorneyusa.com