EOIR Adds Three New Board of Immigration Appeals Members

Introduction

On April 1, 2020, the Executive Office for Immigration Review (EOIR) published an interim rule expanding the size of the Board of Immigration Appeals (BIA) from 21 members to 23 [PDF version]. The rule took effect that same day.

On May 1, 2020, the EOIR announced the investiture of three new members of the BIA [PDF version]. Each of the three new members was appointed by U.S. Attorney General William P. Barr. The BIA, which has delegated authority from the Attorney General, is the highest administrative review body for interpreting the immigration laws [PDF version]. Please see our immigration precedent index to read running list of articles about significant BIA decisions [see index].

In this article, we will examine the resumes of each of the three new members of the BIA.

New Members of the Board of Immigration Appeals

Philip J. Montante, Jr., Board Member

• 2018-Present, 2001-2007: Member of the President's Commission on White House Fellowships.
• 2019-2020: Assistant chief immigration judge, based in Buffalo, New York.
• 2018-2019: Immigration judge on the Buffalo Immigration Court and the Batavia Immigration Court.
• 2016-2018: Immigration judge on the Orlando Immigration Court.
• 1997-2016: Immigration judge on the Buffalo Immigration Court.
• 1990-1997: Appointed by Attorney General Richard L. Thornburgh to serve as an immigration judge on the Miami Immigration Court.
• 1975-1990: Private practice.
• 1975-1979: Member, and chairman, of the Judicial Nominating Commission in Florida
• 1975-1976: Special assistant attorney general in Broward County, Florida; Chief municipal court judge in Broward County.
• 1971-1975: Various positions in the state attorney's office for the 17th judicial circuit of Florida.
• 1971: Earned Doctor of Jurisprudence from Samford University.

Aaron R. Petty, Board Member

• 2015-2020: Counsel for national security and senior counsel for national security, District Court Section, Office of Immigration Litigation, Civil Division, Department of Justice.
• 2009-2015: Trial attorney and counsel for national Security, Appellate Section, Office of Immigration Litigation, Department of Justice.
• 2007-2009: Law clerk for the United States Court of Appeals for the Seventh Circuit.
• 2007: Juris Doctor from the University of Michigan Law School.

Kevin W. Riley, Board Member

• 2009-2020: Appointed by Attorney General Eric Holder as immigration judge for the Los Angeles Immigration Court.
• 2003-2009: Assistant chief counsel and deputy chief counsel, Office of Chief Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security, in Los Angeles.
• 1995-2003: Assistant district counsel with the former Immigration and Naturalization Service in Los Angeles.
• 1994: Law clerk at the U.S. Attorney's Office for the District of Nevada.
• 1995: Juris Doctor from UCLA School of Law.

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

Lawyer website: http://myattorneyusa.com

USCIS Guidance for COS and VWP Entrants During Coronavirus (COVID-19) Outbreak

On April 13, 2020, the United States Citizenship and Immigration Services (USCIS) published informal guidance regarding certain immigration services during the ongoing coronavirus (COVID-19) outbreak [PDF version]. We will go through some of the highlights of the guidance in this post.

Extension of Stay and Change of Status Applications

The USCIS continues to accept and process applications and petitions, including applications for extension of stay and change of status. Many applications and petitions may be filed online.

Aliens who timely file for extension of stay or change of status normally do not accrue unlawful presence. Certain aliens are eligible for continued employment authorization for a period of 240 days, depending on the nonimmigrant work visa category and case-specific circumstances [see article].

The USCIS may, in its discretion, excuse late filings based on extraordinary circumstances. It notes that it may consider whether circumstances relating to the coronavirus outbreak may excuse a late filing due to extraordinary circumstances beyond the alien's control in particular cases. However — there is no blanket provision excusing late filings due to the coronavirus outbreak. Furthermore, “[t]he length of delay must be commensurate with the circumstances.” If an alien files late due to the coronavirus outbreak, he or she must submit evidence explaining the late filing.

Visa Waiver Program Entrants

Aliens who enter the United States under the Visa Waiver Program are not eligible to extend their stay or change status. However, in cases of emergency, the USCIS may grant a 30-day period for satisfactory departure in individual cases. If that 30-day period is not sufficient for an alien to depart in a particular case due to the coronavirus outbreak, the USCIS may, in its discretion, grant an additional 30-day satisfactory departure period. Visa Waiver Program entrants should call the USCIS contact center to request satisfactory departure.

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

Lawyer website: http://myattorneyusa.com

DOS Postpones the Opening of Entry Status Check for Diversity Visa-2021 Applications

On April 27, 2020, the U.S. Department of State (DOS) announced that it is postponing the opening of Entrant Status Check for the Diversity Visa-2021 applications from May 5, 2020, through June 6, 2020 [PDF version]. The DOS explained that its “resources are currently being used in our role responding to the COVID-19 pandemic and are prioritized for the assistance of U.S. citizens overseas.” The DOS added that its postponement of Entrant Status Check for Diversity Visa-2021 applications “will not negatively impact our ability to pre-process and schedule [Diversity Visa]-2021 interviews, which are scheduled to begin on October 1, 2020.”

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

National Visa Center Will No Longer Accept Inquiries Through Mail

On May 4, 2020, the U.S. Department of State (DOS) announced that beginning on June 1, 2020, the “National Visa Center will no longer accept or respond to inquiries through mail” [PDF version].

The DOS explains that the National Visa Center (NVC) has modernized the way it pre-processes visa applications. As part of this effort, the NVC is eliminating paper correspondence. For this reason, any paper correspondence to the NVC that is postmarked June 1, 2020, or later, will not receive a response and will be destroyed. Paper correspondence that is postmarked before June 1, 2020, will still be responded to.

Beginning on June 1, 2020, applicants will need to submit all inquiries through the NVC's Public Inquiry Forum at http://nvc.state.gov/inquiry. This online forum is already available for customers. Applicants should never submit repeat inquiries through the Public Inquiry Forum — doing so may delay the NVC's ability to respond.

The NVC advises that after June 1, 2020, applicants should only send mail to the National Visa Center if they are explicitly instructed to do so through email, telephone call, or letter from the National Visa Center. The NVC will provide applicants with a mailing address in the event it solicits mail. The DOS cautions applicants to never send original documents to the NVC.

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 Extends Flexibility Policies Due to Coronavirus

On May 1, 2020, the United States Citizenship and Immigration Services (USCIS) announced that it is extending its policy of granting additional flexibility to applicants and petitioners responding to certain USCIS requests due to the coronavirus (COVID-19) outbreak [PDF version]. We covered the initial policy announcement on site [see blog].

The USCIS's flexibility policy applies to the following notices and forms:

• Requests for Evidence;
• Continuations to Request Evidence (N-14);
• Notices of Intent to Deny;
• Notices of Intent to Revoke;
• Notices of Intent to Rescind and Notices of Intent to Terminate regional investment centers; and
• Filing date requirements for Form I-290B, Notice of Appeal or Motion.

The USCIS's flexibility policy applies only to the documents listed above and only if the relevant notice or decision is between March 1, 2020, and July 1, 2020.

Under the policy, the USCIS will consider responses to affected notices and forms so long as they are submitted within 60 calendar days after the response due date set in the request or notice. Regarding the Form I-290B, the USCIS will consider any affected Form I-290B that it receives up to 60 calendar days from the date of the relevant decision.

We will continue to update the site with more information about immigration issues affected by 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

Emergency Visa Services for Medical Professionals During Coronavirus (COVID-19) Outbreak

On April 8, 2020, the U.S. Department of State (DOS) published a short update regarding emergency visa services for those seeking to enter the United States as immigrants or nonimmigrants as medical professionals [PDF version].

Although the DOS is no longer performing routine visa services due to the ongoing coronavirus (COVID-19) outbreak [see blog], it advises medical professionals with approved nonimmigrant or immigrant visa petitions with a current priority date or similar to review the website of their nearest U.S. embassy or consulate for information about how to request an emergency visa appointment. The DOS extended the same advice to those with a certificate of eligibility in an approved exchange visitor program (DS-2019). Aliens seeking entry as immigrants to work as doctors and nurses are generally exempt from the restrictions on entry by aliens seeking entry as immigrants under President Donald Trump's April 22, 2020, Presidential Proclamation [see article].

The DOS provided additional guidance for J1 alien physicians already in the United States as medical residents. The DOS stated that J1 medical residents may consult with their program sponsor to extend their programs in the United States. J1 medical residents may generally have their program extended one year at a time for up to seven years. Requests for extensions of stay are adjudicated by the United States Citizenship and Immigration Services (USCIS).

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

Supreme Court Issues LPR Stop-Time Rule Decision in Barton v. Barr

On April 23, 2020, the Supreme Court of the United States published its decision in Barton v. Barr [PDF version], a stop-time rule case in the context of cancellation of removal for certain lawful permanent residents.

By a vote of 5-4, the Supreme Court held that, for purposes of eligibility for cancellation of removal for certain lawful permanent residents, an offense referred to in INA 212(a)(2) that is committed within the lawful permanent resident's initial seven years of residence need not be one of the offenses of removal in order to cause him or her to be ineligible for cancellation. The Court concluded that a lawful permanent resident can be “rendered inadmissible” for purposes of triggering the stop-time rule even if he or she was never adjudicated inadmissible or otherwise in a position for the question of inadmissibility to arise. In so doing, the Court affirmed the decision of the United States Court of Appeals for the Eleventh Circuit below, and effectively abrogated a contrary decision published by the United States Court of Appeals for the Ninth Circuit.

The Court's decision was authored by Justice Brett Kavanaugh, who was joined in full by Chief Justice John Roberts and Associate Justices Clarence Thomas, Samuel Alito, and Neil Grosuch. The dissenting opinion was authored by Justice Sonia Sotomayor, and joined in full by Justices Ruth Bader Ginsburg, Stephen Breyer, and Elena Kagan.

We look forward to publishing a full article on the decision and what it means going forward in the future. Any alien in removal proceedings who is seeking relief from removal in the form of cancellation or some other mechanism under the immigration laws 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

Coronavirus News - USCIS Plans to Reopen Offices on or After June 4, 2020

On April 24, 2020, the United States Citizenship and Immigration Services (USCIS) announced that it is readying its field offices, asylum offices, and application support centers to reopen for in-person services on or after June 4, 2020 [PDF version].

While the USCIS offices remain closed due to the ongoing coronavirus (COVID-19) outbreak, USCIS officers are continuing to perform mission-essential services that do not require face-to-face contact with members of the public [see blog]. The USCIS will automatically reschedule appointments and naturalization ceremonies that were cancelled due to the coronavirus outbreak when in-person services resume. Those who had InfoPass appointments will have to reschedule through the USCIS Contact Center when in-person services are available again.

We will continue to update the site with important information regarding the effects of the coronavirus outbreak on important immigration services.

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