Tuesday, April 14, 2020

In-Person USCIS Services Remain Suspended Thru May 4, 2020, Due to Coronavirus (COVID-19)

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The United States Citizenship and Immigration Services (USCIS) temporarily suspended in-person services at its field offices, asylum offices, and application support centers on March 18, 2020, due to the ongoing coronavirus (COVID-19) outbreak [see blog]. On April 1, 2020, the USCIS announced that it plans to begin reopening its field offices, asylum offices, and application support centers on May 4, 2020. However, it cautions that the public closures of the offices may continue beyond May 4 depending on the status of the coronavirus situation [PDF version].

Notwithstanding the closures, USCIS employees are continuing to perform mission-essential services that do not require face-to-face contact with the public. The USCIS is also continuing to provide limited emergency services.

The USCIS will send notices to applicants and petitioners with appointments that were affected by the temporary coronavirus-related closures. The USCIS will reschedule appointments and interviews once it resumes normal operations.

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

Wednesday, April 8, 2020

USCIS Provides RFE and NOID Extensions Due to Coronavirus Outbreak

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The United States Citizenship and Immigration Services (USCIS) announced that it will give certain petitioners more time to respond to requests for evidence and notices of intent to deny due to the ongoing coronavirus outbreak [PDF version].

Petitioners who receive a request for evidence or a notice of intent to deny dated between March 1, 2020, and May 1, 2020, will have an additional sixty days to submit their responses. The additional 60 days are added to the deadline on the request for evidence or the notice of intent to deny.

This 60-day extension to respond to notices of intent to deny and requests for evidence applies only to notices or requests dated between March 1, 2020, and May 1, 2020.

We will update the site with more information on immigration news relating to the coronavirus outbreak 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.

Lawyer website: http://myattorneyusa.com

Tuesday, April 7, 2020

Important Win for Grinberg & Segal in Immigration Case Involving a Courts Martial Conviction

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We would like to share a bit of good news from The Law Offices of Grinberg & Segal.

On March 24, 2020, the United States Court of Appeals for the Second Circuit certified its decision in Persad v. Barr, 17-661 [PDF version]. Our office represented the petitioner, Mr. Dasrath D. Persad, in his appeal of a decision of the Board of Immigration Appeals (BIA) finding that his unitary sentence based on convictions for four separate offenses by a military court-martial in 1992 was categorically an aggravated felony theft offense under INA 101(a)(43)(G). I (Alexander J. Segal) presented oral arguments on behalf of Mr. Persad before a three-judge panel of the Second Circuit on October 16, 2018.

The Second Circuit ruled in favor of Mr. Persad in a very important decision. I will explain the legal issue briefly. Mr. Persad was sentenced to 30 months' confinement for his conviction by military court-martial on four separate counts. In order for him to have been found to have committed an aggravated felony under INA 101(a)(43)(G), the Government was required to prove that he had been convicted of a theft offense for which a sentence of one year or more was imposed. Military court-martial issue what are called “unitary sentences,” that is, a single sentence for all the counts a defendant is convicted without imposing an individual sentence for each count. The question here was whether the Government could sustain its burden of establishing by clear and convincing evidence that the single theft offense count of four counts that Mr. Persad was convicted of accounted for at least 12 months of his 30-month unitary sentence.

The Second Circuit agreed with us, finding that the Government could not sustain its burden of showing that Mr. Persad was sentenced to one year or more of imprisonment for his conviction of the theft offense. Therefore, the Court concluded that Mr. Persad had not been convicted of an aggravated felony under INA 101(a)(43)(G).

This decision is not only an incredible result for Mr. Persad and our firm, but also a significant decision in the area of evaluating unitary sentences from military courts-martial and immigration consequences, in general The Second Circuit, in a matter of first impression, broadly agreed with the decision of the United States Court of Appeals for the Third Circuit in Chavez-Alvarez v. Attorney General, 783 F.3d 478 (3d Cir. 2015) — which was not binding precedent on the Second Circuit — that the Government cannot merely assume that a unitary sentence from a military court-martial applies in full to each count. We discuss Chavez-Alvarez in a comprehensive article on site [see article]. The Second Circuit's decision here, along with Chavez-Alvarez, promises to be very important to many non-citizens who were given unitary sentences in military court-martial proceedings encompassing multiple convictions.

The Second Circuit remanded Mr. Persad's case for further proceedings consistent with its opinion. We will continue to represent Mr. Persad and hope to prevail on remand.

We will eventually write a more comprehensive article about this important decision in Persad v. Barr. In the meantime, we will continue to update our site with important immigration-related information about the ongoing coronavirus outbreak as it becomes available.

Stay safe.

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

Monday, April 6, 2020

DOS Suspends Routine Visa Services Due to Coronavirus

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On March 20, 2020, the U.S. Department of State (DOS) suspended routine visa services due to the ongoing coronavirus outbreak [PDF version].

As a result of the suspension of visa services, U.S. Embassies and Consulates will cancel all routine immigrant and nonimmigrant visa appointments as of March 20, 2020.

Despite the fact that the DOS has cancelled all routine immigrant and nonimmigrant visa appointments, the Machine Readable Visa fee paid by applicants remains valid and may be used for a visa appointment in the country where it was purchased within one year of the date of payment.

Under limited circumstances, and as resources allow, U.S. Embassies and Consulates will continue to provide emergency and mission critical visa services. An applicant with an urgent matter and a need to travel immediately should follow the guidance provided on the applicable Embassy's website to request an emergency appointment.

The suspension does not affect the Visa Waiver Program. However, many individuals who would be eligible for admission under the Visa Waiver Program are subject to restrictions on entry under two proclamations issued by President Donald Trump [see article].

Services to U.S. citizens continue to be available. U.S. citizens should consult the applicable Embassy's website for more information.

We will update the website with more information 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