DOJ Prosecuted Record Number of Immigration-Related Cases in FY 2019

The Department of Justice released its immigration-related prosecution statistics for fiscal year 2019 on October 17, 2019 [PDF version]. The statistics track the number of charges brought under 8 U.S.C. 1326, 8 U.S.C. 1325, and 8 U.S.C. 1324 from October 1, 2018, through September 30, 2019.

The Department of Justice charged 25,426 defendants with felony illegal reentry under 8 U.S.C. 1326. This represented an 8-percent increase over fiscal year 2018, and the highest number in the 25 years that these statistics have been kept. The previous record as 24,676 charges brought in fiscal year 2010.

The Department of Justice charged 80,866 defendants with misdemeanor improper entry under 8 U.S.C. 1325(a) in fiscal year 2019. This marked an 18.1 percent increase from fiscal year 2018, which had been the highest number since these statistics have been kept.

The Department of Justice charged 4,297 defendants with alien smuggling under 8 U.S.C. 1324 in fiscal year 2019. This is a significant increase from the 3,724 charges filed in fiscal year 2018. This also surpasses the record of 4,172 such charges filed in fiscal year 2006.

Civil immigration charges are brought by the Department of Homeland Security (DHS) in immigration court. The three provisions discussed in the Department of Justice statistics are criminal provisions relating to illegal entry and alien smuggling. Not every illegal entry, reentry, or smuggling case falls within the ambient of the three criminal provisions, and the Department of Justice does not necessarily charge every case that does. An alien facing civil or criminal charges relating to immigration should consult with an experienced immigration attorney, and, if necessary depending on the specific charges, an attorney with experience in representing clients facing felony or misdemeanor charges in Federal court.

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 Four Locations For Overseas Military Naturalizations

On September 30, 2019, the United States Citizenship and Immigration Services (USCIS) announced that it would provide military naturalization services at four overseas military bases [PDF version]. These bases were chosen based on the USCIS international field offices that remain open after the USCIS reduced its overseas footprint [see blog].

The USCIS announced that service members and eligible family stationed overseas may complete their naturalization processes — if otherwise eligible — at one of the four “hubs” located at:

• Camp Humphreys, South Korea;
• Commander Fleet Activities Yokosuka, Japan;
• U.S. Army Garrison Stuttgart, Germany; and
• Naval Support Activity Naples, Italy.

The USCIS stated that it chose these four locations “based on their proximity to locations where USCIS international offices historically provided the most overseas military naturalization services.”

The USCIS will send officers to each of the four overseas hubs for one week each quarter to provide onsite naturalization services and answer questions from naturalization applicants. Appointments will be required in order that USCIS officers can be prepared to offer case-specific assistance.

The USCIS explains that only a small number of military naturalizations occur overseas. The USCIS received 347 overseas military naturalization applications in FY 2018, and 520 in FY 2019.

The USCIS offers special resources to active-duty service members, their families, and veterans. First, the USCIS has a toll-free Military Help Line at 877-CIS-4MIL (877-247-4645, TTY 800-877-8339). These individuals may also email the USCIS at militaryinfo@uscis.dhs.gov. Please note that these special resources are available only to active-duty service members, their family, and veterans. The help line is open from 8 a.m. to 4 p.m., central time, Monday thru Friday, excluding holidays. “Members of the U.S. armed forces and their families stationed in the [United States] or overseas may access the help line using the toll-free number through their base telephone operator or using the Defense Switched Network.”

Military members, their families, and veterans, may consult with an experienced immigration attorney for information on what types of benefits or naturalization programs may be available. An attorney may also help military members and their families seek various forms of immigration benefits for which they may be eligible, including naturalization.

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 27 New Immigration Judges (Oct. 11, 2019)

Introduction

On October 11, 2019, the Executive Office for Immigration Review (EOIR) held an investiture ceremony to swear in 27 new immigration judges [PDF version]. The ceremony was presided over by Deputy Chief Immigration Judge Mary Cheung. The 27 new immigration judges were selected by U.S. Attorney General William Barr.

The 27 new immigration judges will sit on 17 immigration courts and adjudication centers across the United States. In this post, we will provide brief biographical information for each of the new immigration judges with reference to their professional profiles provided by EOIR. We will examine the courts receiving new immigration judges in alphabetical order after first examining the new judges in New Jersey and New York City immigration courts.

Please see our growing index article to learn about previous appointments to the immigration courts and the Board of Immigration Appeals (BIA) [see index].

Common Abbreviations

• Department of Homeland Security (DHS)
• Immigration and Naturalization Service (INS)
• U.S. Department of Justice (DOJ)
• U.S. Immigration and Customs Enforcement (ICE)
• United States Citizenship and Immigration Services (USCIS)
• Office of the Principal Legal Advisor (OLPA)

List of Immigration Courts Receiving New Immigration Judges

• Elizabeth Immigration Court (New Jersey)
• New York — Federal Plaza Immigration Court (New York)
• New York — Varick Immigration Court (New York)
• Bloomington Immigration Court (Minnesota)
• Chicago Immigration Court (Illinois)
• Dallas Immigration Court (Texas)
• Fort Worth Immigration Adjudication Center (Texas)
• Houston Immigration Court (Texas)
• Miami Immigration Court (Florida)
• Miami (Krome) Immigration Court (Florida)
• Omaha Immigration Court (Nebraska)
• Philadelphia Immigration Court (Pennsylvania)
• Phoenix Immigration Court (Arizona)
• San Diego Immigration Court (California)
• San Francisco Immigration Court (California)
• San Juan Immigration Court (Puerto Rico)

Elizabeth Immigration Court (New Jersey)

One new immigration judge has begun hearing cases at the Elizabeth Immigration Court.

Pallavi S. Shirole, Immigration Judge, Elizabeth Immigration Court

• 2017-2019: Associate legal advisor for the National Security Law Section, OLPA, ICE, DHS, in the District of Columbia.
• 2016-2017: Assistant chief counsel, OLPA, ICE, DHS, in Portland, Oregon.
• 2015-2017: Director of law program at a high school.
• 2010-2015: Assistant state's attorney for the Office of the State's Attorney, in Baltimore.
• Law degree from University of Baltimore School of Law in 2009.

New York — Federal Plaza Immigration Court (New York)

Five new immigration judges were sworn in to sit on the New York — Federal Plaza Immigration Court.

L. Batya Schwartz Eherens, Immigration Judge, New York — Federal Plaza Immigration Court

• 2012-2019: Private practice as partner in New York-based immigration law firm.
• 2006-2012: Private practice as immigration attorney in New York.
• Law degree from American University Washington College of Law in 2003.

Deborah E. Klahr, Immigration Judge, New York — Federal Plaza Immigration Court

• 2018-2019: Supervisory immigration officer and then section chief with the New York City Field Office, USCIS, DHS, in New York.
• 2017-2018: Senior immigration services officer with the Newark Field Office, USCIS, DHS, in Newark, New Jersey.
• 2013-2017: Asylum officer and supervisory asylum officer with the Newark Asylum Office, USCIS, DHS, in Lyndhurst, New Jersey.
• 2000-2013: Private practice as an immigration attorney at various New York and New Jersey law firms.
• 1997-1999: Staff attorney for the Bar Association for the City of New York, in New York.
• 1992-1996: Private practice in New York.
• Law degree from the Benjamin N. Cardozo School of Law in 1992.

Thomas N. Kouris, Immigration Judge, New York — Federal Plaza Immigration Court

• 2010-2019: Private practice in New York.
• Law degree from Boston College Law School in 2009.

Laura N. Pierro, Immigration Judge, New York — Federal Plaza Immigration Court

• 1999-2018: Prosecutor in various capacities for the Ocean County Prosecutor's Office, in Toms River, New Jersey.
• 1997-1998: Law clerk to three criminal judges of the Superior Court of New Jersey, Monmouth Vicinage, and the Monmouth County Prosecutor's Office.
• Law degree from Wake Forest University School of Law in 1997.

Cathy Sagesse, Immigration Judge, New York — Federal Plaza Immigration Court

• 2016-2019: Assistant chief counsel, Office of the General Counsel, OLPA, ICE, DHS, in Miami, Florida.
• 2007-2016: Assistant state attorney for the Miami-Dade County State Attorney's Office in Miami, Florida.
• Law degree from Stetson University College of Law in 2007.

New York — Varick Immigration Court (New York)

One new judge began hearing cases at the New York — Varick Immigration Court.

Forrest W. Hoover III, Immigration Judge, New York — Varick Immigration Court

• 2008-2019: Judge advocate, defense counsel, prosecutor, and military judge for the U.S. Marine Corps in Camp Lejeune, North Carolina, and Okinawa, Japan.
• 1999-2005: Logistics officer for the U.S. Marine Corps in Camp Lejeune, North Carolina; Okinawa, Japan; and Quantico, Virginia.
• Retired from the U.S. Marine Corps in 2019 with the rank of lieutenant colonel.
• Law degree from Temple University Beasley School of Law in 2008; Master of Criminal Law Degree from the Judge Advocate General's Legal Center and School in 2012.

Bloomington Immigration Court (Minnesota)

One new judge began hearing cases at the Bloomington Immigration Court.

Monte G. Miller, Immigration Judge, Bloomington Immigration Court

• 2001-2019: Assistant and senior attorney with the Hennepin County Attorney's Office, Criminal Division, in Minneapolis.
• 2017-2019: Trial judge with the Navy-Marine Corps Trial Judiciary.
• 2012-2017: Appellate judge with the Navy-Marine Corps Court of Criminal Appeals.
• 1994-2019: Judge advocate and military judge for the U.S. Navy in many locations.
• Remains captain and judge advocate in the U.S. Navy Reserve.
• Law degree from the William Mitchell College of Law in 1993.

Chicago Immigration Court (Illinois)

One new Judge began hearing cases at the Chicago Immigration Court.

Jushua D. Luskin, Immigration Judge, Chicago Immigration Court

• 2015-2019: Commissioner at the Illinois Workers' Compensation Commission.
• 2011-2015: Arbitrator at the Illinois Workers' Compensation Commission.
• 2003-2011: Private practice in Illinois.
• 2000-2003: Judge advocate for the U.S. Navy.
• 1999-1999: Of counsel to the State's Attorney's Appellate Prosecutor's Office, in Illinois.
• 1998-1998: Assistant state's attorney, in Champaign County, Illinois.
• Law degree from the University of Michigan in 1997.

Dallas Immigration Court (Texas)

One new judge began hearing cases at the Dallas Immigration Court.

Jason D. Ferguson, Immigration Judge, Dallas Immigration Court

• 2016-2019: First assistant district attorney for the 119th Judicial District of Texas, in San Angelo, Texas.
• 2012-2016: Assistant district attorney for the 51st and 119th Judicial Districts of Texas, in San Angelo.
• 2010-2012: Assistant district attorney for the 31st Judicial District of Texas, in Pampa, Texas.
• Law degree from the University of Houston Law Center in 2009.

Fort Worth Immigration Adjudication Center (Texas)

One new judge began hearing cases at the Fort Worth Immigration Adjudication Center.

Shelly W. Schools, Immigration Judge, Fort Worth Immigration Adjudication Center

• 1997-2019: Judge advocate, prosecutor, defense counsel at the trial and appellate level, staff judge advocate, and trial judge in the U.S. Air Force at many locations.
• Retired from the Air Force with the rank of Colonel in 2019.
• Law degree from the University of Mississippi in 1997.

Houston Immigration Court (Texas)

One new judge began hearing cases at the Houston Immigration Court.

Erica J. McGuirk, Immigration Judge, Houston Immigration Court

• 2012-2019: Associate counsel with USCIS, DHS, in Houston, Texas.
• 2003-2012: Senior attorney and assistant chief counsel, Office of Chief Counsel, ICE, DHS, in Houston.
• 2002-2003: Assistant chief counsel, Office of the District Counsel, with the former INS, DOJ, in Houston.
• 1998-2002: Trial attorney with the Office of the Solicitor, Department of Labor, in Dallas, Texas.
• Law degree from the University of Iowa College of Law in 1998.

Miami Immigration Court (Florida)

Three new judges began hearing cases at the Miami Immigration Court.

Christina M. Martyak, Immigration Judge, Miami Immigration Court

• 2006-2019: Assistant chief counsel, Office of Chief Counsel, ICE, DHS, in Miami, Florida.
• 2005-2006: Assistant statewide prosecutor for the Florida Office of the Attorney General, in Miami.
• 2000-2004: Assistant state attorney for the Miami-Dade State Attorney's Office, in Miami.
• Law degree from St. Thomas University in 2000.

Ian D. Midgley, Immigration Judge, Miami Immigration Court

• 2014-2019: Supervisory administrative law judge with the Office of Medicare Hearing and Appeals, Department of Health and Human Services, in Miami.
• 2008-2014: Assistant chief counsel, OLPA, ICE, DHS, in Orlando, Florida.
• 2006-2008: Active duty judge advocate for the U.S. Navy, in Yokosuka, Japan.
• 2001-2006: Active duty judge advocate for the U.S. Army, in Kitzingen, Germany, and at Patrick Air Force Base, Florida.
• Serves as judge advocate for the U.S. Navy Reserve (since 2009).
• Law degree from Case Western Reserve University School of Law in 1998.

Irene M. Recio, Immigration Judge, Miami Immigration Court

• 2014-2019: Branch chief at the Administrative Appeals Office (AAO), USCIS, DHS.
• 2013-2014: Adjudications officer and supervisor at the Immigrant Investor Program Office, USCIS, DHS, in the District of Columbia.
• 2012-2013: Adjudications officer at AAO, USCIS, DHS, in the District of Columbia.
• 1997-2011: Private practice in various capacities in Washington D.C.
• Law degree from the University of Miami School of Law in 1995.

Miami (Krome) Immigration Court (Florida)

One new judge began hearing cases at the Miami (Krome) Immigration Court.

Jorge L. Pereira, Immigration Judge, Miami (Krome) Immigration Court

• 2008-2019: Assistant chief counsel, Office of the Chief Counsel, OLPA, ICE, DHS, in Miami, Florida.
• 1996-2008: Private practice at two law firms in Miami.
• 1995-1996: Assistant state attorney for the Miami-Dade State Attorney's Office in Miami.
• Law degree from St. Thomas University School of Law in 1995.

Omaha Immigration Court (Nebraska)

One new judge began hearing cases at the Omaha Immigration Court.

Alexandra Larsen, Immigration Judge, Omaha Immigration Court

• 2004-2019: Assistant chief counsel, OLPA, ICE, DHS, in Omaha, Nebraska.
• 2012-2014: Assistant chief counsel, OLPA, ICE, DHS, in Saint Paul, Minnesota.
• 2011-2012: Deputy chief and chief of OLPA, District Court Litigation Division (DCLD), ICE, DHS, in the District of Columbia.
• 2008-2011: Associate legal advisor for the DLCL, ICE, DHS, in the District of Colimbia.
• 2007-2008: Judicial law clerk for Judge Donald E. O'Brien in the United States District Court for the District of Iowa, in Sioux City, Iowa.
• 2002-2007: Private practice in Nebraska and Washington D.C.
• Law degree from Creighton University School of Law in 2002.

Philadelphia Immigration Court (Pennsylvania)

One new judge began hearing cases at the Philadelphia Immigration Court.

Bao Q. Nguyen, Immigration Judge, Philadelphia Immigration Court

• 2016-2019: Assistant chief counsel, OLPA, ICE, DHS, in San Antonio and Pearsall, Texas.
• 2006-2016: Private practice in Nevada, Pennsylvania, Ohio, and Utah.
• Law degree from the Temple University School of Law in 2005.

Phoenix Immigration Court (Arizona)

Three new judges began hearing cases at the Phoenix Immigration Court.

Robert C. Bartlemay Sr., Immigration Judge, Phoenix Immigration Court

• 2010-2019: Senior attorney with OLPA, ICE, DHS, in Phoenix.
• 2007-2010: Assistant chief counsel, OLPA, ICE, DHS.
• 1983-2007: Judge advocate for the U.S. Air Force in many locations.
• Law degree from the University of Toledo in 1983.

Joseph S. Imburgia, Immigration Judge, Phoenix Immigration Court

• 2002-2019: Attorney and military judge, including Chief Circuit Military Judge for the Pacific Circuit, with the U.S. Air Force at many locations.
• Retired from the U.S. Air Force in 2019 with the rank of colonel.
• Law degree from the University of Tennessee College of Law in 2002; Master of Laws in 2009 from the Judge Advocate General's Legal Center and School.

Melissa B. Karlen, Immigration Judge, Phoenix Immigration Court

• 2008-2019: Assistant U.S. attorney with the U.S. Attorney's Office for the District of Arizona, DOJ, in Phoenix, Arizona.
• Assistant chief counsel, Office of the Chief Counsel, OLPA, ICE, DHS, in Los Angeles, California.
• 2002-2007: Deputy prosecuting attorney with the City and County of Honolulu Prosecutor's Office, in Honolulu, Hawaii.
• 2001-2002: Private practice.
• Law degree from the University of San Francisco School of Law in 2001.

San Diego Immigration Court (California)

One new judge began hearing cases at the San Diego Immigration Court.

Guy G. Grande, Immigration Judge, San Diego Immigration Court

• 2015-2019: Assistant chief counsel, OLPA, ICE, DHS, at the Otay Mesa Detention Center, in San Diego, California.
• 1994-2015: Private immigration practice.
• Law degree from the University of San Diego in 1994.

San Francisco Immigration Court (California)

Two new judges began hearing cases at the San Francisco Immigration Court.

Andrew J. Caborn, Immigration Judge, San Francisco Immigration Court

• 2015-2019: Assistant chief counsel, Office of the Chief Counsel, OLPA, ICE, DHS, in San Francisco, California.
• 2008-2014: Senior deputy district attorney and deputy district attorney for the Tulare County District Attorney's Office, in Tulare, California.
• 2008-2008: Private practice in Los Angeles, California.
• Law degree from Whittier College in 2007; Master of Laws degree from the University of California, Berkley, in 2015.

Gregory L. Simmons, Immigration Judge, San Francisco Immigration Court

• 2009-2013: General courts-martial trial judge, in California.
• 1989-2009: Judge advocate for the U.S. Marine Corps in many locations.
• Retired from the U.S. Marine Corps in 2013.
• Law degree from Baylor University School of Law in 1989; Master of Laws degree in 1996 from the U.S. Army Judge Advocate General's Legal Center and School in 1996.

San Juan Immigration Court (Puerto Rico)

One new judge began hearing cases at the San Juan Immigration Court.

Pedro J. Espinal, Immigration Judge, San Juan Immigration Court

• 2016-2019: Deputy chief counsel, OLPA, ICE, DHS, in San Juan, Puerto Rico.
• 2009-2011: Adjudications services officer, USCIS, DHS, in San Juan.
• 2007-2009: Adjudications services officer, USCIS, DHS, in New York.
• 2004-2007: Private practice in San Juan.
• Law degree from the University of Puerto Rico School of Law in 2004.

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

Three Injunctions Entered Against New Public Charge Rule

On October 11, 2019, Judge George B. Daniels of the United States District Court for the Southern District of New York issued a nationwide universal injunction against the implementation of the new public charge rule, which was slated to go into effect on October 15, 2019 [PDF version]. The suit was brought by the states of New York, Connecticut, and Vermont. The injunction will remain in effect until the district court resolves the case on the merits, or until the injunction is otherwise vacated or narrowed by an appellate court. As a result of the ruling, the preexisting public charge rules will remain in effect for the time being [see article].

The SDNY injunction is one of three injunctions against the public charge rule issued on the same day. Judge Phyllis J. Hamilton of the United States District Court for the District of Northern California issued a preliminary injunction against the implementation of the public charge rule [PDF version]. This injunction, however, only applies to implementing the rule in California, Oregon, Washington D.C., Maine, Pennsylvania, or any member of the household that includes a person from one of these states. Judge Rosanna Malouf Peterson of the United States District Court for the Eastern District of Washington entered a universal preliminary injunction against the rule applying nationwide [PDF version].

The Trump Administration will likely ask appellate courts to vacate all three injunctions and any subsequent injunctions that may be entered by other Federal district courts. At this time, it is uncertain when and whether the public charge rule will take effect. We will update the website with more information on the public charge final rule litigation as it becomes available.

We published a blog about the final rule on site [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

Acting DHS Secretary Kevin McAleenan to Resign

On October 11, 2019, Acting Secretary of Homeland Security Kevin McAleenan announced that he was stepping down from his post. McAleenan has served as acting Secretary since April 11, 2019 [see blog]. He had previously served as the Commissioner of the U.S Customs and Border Protection (CBP). We will update the website with more information on the Department of Homeland Security leadership situation when 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

EOIR Opens Second Atlanta Immigration Court

The Executive Office for Immigration Review (EOIR) will establish its Atlanta Annex on W. Peachtree Street as a new immigration court, effective October 15, 2019 [PDF version].

The following is the address information for the new Atlanta — W. Peachtree Street Immigration Court, opening on October 15:

Atlanta — W. Peachtree Street

Peachtree Summit Federal Building

401 W. Peachtree Street, Suite 2600

Atlanta, GA 30308

8 a.m. to 4 p.m. Monday through Friday

404-554-9400

The following is the address for the original Atlanta Immigration Court:

Atlanta — Ted Turner Drive

108 Ted Turner Drive, SW, Suite 241

Atlanta, GA 30303

8 a.m. to 4 p.m. Monday through Friday

404-331-0907

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 Administration Proposes FY 2020 Refugee Cap of 18,000

President Donald Trump has proposed a refugee ceiling of 18,000 for fiscal year 2020, which is significantly lower than in previous years. The Acting Director of the United States Citizenship and Immigration Services (USCIS), Ken Cuccinelli, released a statement on the refugee ceiling [PDF version]. He placed the reduced refugee ceiling in the context of the “anticipated humanitarian workload on all fronts,” which references both the large number of asylum applicants at the southern border and USCIS's significant backlog of affirmative asylum applications. Refugee admissions have been down in recent years due to a variety of factors including reduced refugee caps and increased restrictions on refugee admissions from certain countries [see article].

To learn more about issues involving refugees generally, please see our growing section on asylum and refugee protection [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

October 2019 Visa Bulletin

Introduction

On September 9, 2019, the U.S. Department of State (DOS) published the Visa Bulletin for October 2019 — the first immigrant visa bulletin of fiscal year 2020 [PDF version]. The United States Citizenship and Immigration Services (USCIS) subsequently determined that nearly all family-sponsored and employment-based adjustment of status applications must use the favorable dates for filing from the October Visa Bulletin to determine eligibility for filing for adjustment of status during the month [PDF version]. The lone exception — the F2A preference — has current final action dates for October 2019.

In this article, we will examine the relevant charts and news and notes from the first visa bulletin of FY-2020. To learn about using the visa bulletin as an adjustment of status applicant generally, please see our introductory article on the subject [see article]. We discuss the difference between the final action dates and the dates for filing in an older post [see article]. You can see our past posts on monthly visa bulletins in a growing topic index [see article].

Family-Sponsored Cases

The USCIS determined that all family-sponsored foreign nationals seeking adjustment of status in October 2019 must use the dates for filling charts from the October 2019 Visa Bulletin, except those in the F2A category for the spouses and unmarried children under the age of 21 of lawful permanent residents, who must use the final action dates. However, because the final action dates in the F2A category are “current,” this news is not at all favorable to the spouses and children of lawful permanent residents.

In order to be eligible for adjustment of status based on an approved family-sponsored immigrant visa preference petition in October 2019, individuals in all categories except for F2A must have a filing date before the applicable filing date cutoff for their preference category and chargeability area. Because the final action date in the F2A category is current, any beneficiary of an approved F2A petition who is otherwise eligible for adjustment may file for adjustment in October 2019, regardless of priority date. An individual must meet the general requirements for eligibility to apply for adjustment of status in addition to having an early enough priority date under the October Visa Bulletin.

The priority date in family-sponsored cases is generally the date on which the underlying immigrant visa petition was properly filed on the alien's behalf with the USCIS.

The following, courtesy of the USCIS, are the final action dates for F2A cases in October 2019 [see article].

The following, courtesy of USCIS, are the dates for filing for all non-F2A cases from the October 2019 Visa Bulletin [see article].

Although non-F2A family-sponsored adjustment hopefuls must use the dates for filing in October 2019, we are including the final action dates for family-sponsored cases from the October 2019 Visa Bulletin below for reference purposes only [see article].

Employment-Based Cases

The USCIS has determined that the beneficiaries of approved employment-based preference petitions must use the dates for filing from the October 2019 Visa Bulletin. This comes as welcome news for beneficiaries of employment-based petitions seeking adjustment since they were required to use the less favorable final action dates for the last several months of the previous fiscal year.

In order to be eligible for adjustment of status in October 2019, the beneficiary of an approved employment-based preference petition must have a priority date earlier than the applicable filing date cutoff for his or her preference category and chargeability area. The individual must also be otherwise eligible to apply for adjustment of status.

In employment-based cases requiring labor certification, the priority date will generally be the date on which the corresponding labor certification application was accepted for processing by the U.S. Department of Labor (DOL). In cases not requiring labor certification, the priority date will generally be the date on which the immigrant visa petition was properly filed on the alien's behalf with the USCIS.

The following, courtesy of the USCIS, are the dates for filing for employment-based cases in October 2019 [see article].

For reference purposes only, the following are the final action dates for employment-based cases in October 2019 [see article].

Projections for Coming Months

The DOS published projections for forward movement in the final action dates in the coming months. The projections are made through January 2020. The DOS cautioned that it may need to set different final action dates than it currently projects due to fluctuations in applicant demand for visa numbers and other variables.

Family Sponsored Forward Movement Projections (Worldwide):

• F1: Up to two months
• F2A: Current, but corrective action should be expected by February 2020
• F2B: Up to six weeks
• F3: Up to one month
• F4: Up to six weeks

Employment First Forward Movement Projections:

• Worldwide: Up to three months
• China: Up to three months
• India: Up to one week

Employment Third Forward Movement Projections:

• Worldwide: Current
• China: Little if any forward movement
• India: Little if any forward movement
• Mexico: Will remain at Worldwide date
• Philippines: Up to several months

Employment Fourth:

• Current for most countries
• El Salvador, Guatemala, and Honduras: Little if any forward movement
• Mexico: Up to four months

Employment Fifth:

• Current for most countries
• China, India, and Vietnam: Too early to predict

Conclusion

Those seeking to immigrate to the United States or to petition for another to immigrate should consult with an experienced immigration attorney throughout the process. An attorney may help a foreign national apply for an immigrant visa through the consular processing process or through adjustment of status in the United States. Those seeking immigrant visas in one of the preference categories should stay abreast of the monthly immigrant visa bulletin. This is especially important for those who are planning to affirmatively apply for adjustment of status.

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 Changes to EAD Processes Based on Pending Asylum Applications

On September 6, 2019, the United States Citizenship and Immigration Services (USCIS) proposed a new rule to reform the process for adjudicating applications for employment authorization by those with pending asylum applications [PDF version]. You can read the proposed rule here [PDF version].

Under current regulations codified at 8 CFR 208.7(a)(1), the USCIS is required to adjudicate initial employment authorization requests by certain individuals with long-pending asylum applications within 30 days. The USCIS is proposing to do away with this 30-day requirement for adjudicating asylum applications filed on the basis of pending asylum applications. The proposed rule provides that the USCIS would grandfather in pending employment authorization requests at the time of a final rule.

The USCIS is also proposing to remove 8 CFR 208.7(d), which requires those seeking the renewal of employment authorization based on pending asylum applications to apply at least 90 days before the expiration of the current employment authorization document. The USCIS is proposing this change because of 2017 regulations which provide for automatic 180-day extensions of employment authorization in cases where the alien files an application to renew the employment authorization with the USCIS [see article].

The USCIS is accepting public comments on the proposals through November 8, 2019. It is important to reiterate that these changes are merely proposed rules, and until the USCIS publishes a final rule, the current regulations regarding employment authorization based on pending asylum applications remain in effect.

To learn more about asylee issues generally, please see our growing selection of articles on the subject [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

DHS Proposes Expansion of Social Media Vetting to Nine USCIS Forms

On September 4, 2019, the Department of Homeland Security (DHS) published a 60-day notice and request for comments on a proposal to extend social media vetting policies to additional immigration applications [PDF version]. We have discussed the U.S. Department of State's (DOS's) social media vetting policies for immigrant and nonimmigrant visa applicants undergoing consular processing in a separate article [see article]. DHS has been running pilot programs regarding social media vetting since at least December 2016 [see e.g. PDF version].[1]

The DHS's proposal would adopt nearly identical social media vetting policies for the following forms:

• Form N-400, Application for Naturalization
• Form I-131, Application for Travel Document
• Form I-192, Application for Advance Permission to Enter as a Nonimmigrant
• Form I-485, Application to Register Permanent Residence or Adjust Status
• Form I-589, Application for Asylum and for Withholding of Removal
• Form I-590, Registration for Classification as Refugee
• Form I-730, Refugee/Asylee Relative Petition
• Form I-751, Petition to Remove Conditions on Residence
• Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status

The DHS is accepting comments on the proposed information collection through November 4, 2019. The proposal would significantly expand social media vetting to several important types of USCIS forms, notably including applications for immigrant visas and adjustment of status, applications for asylum, and applications for naturalization.

Those seeking immigrant visa status in the United States should be aware that the Government may consider whether information on their social media profiles weighs against their being granted immigration benefits, status, or admission. In cases where social media vetting questions are asked, both DOS and DHS have stated that a failure to answer the questions may be counted against the applicant. A noncitizen may consult with an experienced immigration attorney for case-specific guidance and to ensure that his or her rights and interests are protected throughout the entire application process.

We will update the website with more information on social media vetting in the immigration benefits and application processes as 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.

1. Brennan Center for Justice. “Timeline of Social Media Monitoring for Vetting by the Department of Homeland Security and the State Department.” Brennan Center for Justice. Updated Sep. 9, 2019. https://www.brennancenter.org/analysis/timeline-social-media-monitoring-vetting-department-homeland-security-and-state-department

Lawyer website: http://myattorneyusa.com