Tuesday, June 22, 2021

USCIS Offers Temporary Flexibility for Applicants and Petitioners Affected by Lockbox Delays

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On June 10, 2021, the United States Citizenship and Immigration Services (USCIS) announced [link] that it began offering filing flexibility for certain applicants and petitioners impacted by delays at a USCIS lockbox.

The temporary flexibilities will be in effect from June 10, 2021, through August 9, 2021. They apply only to benefit requests submitted to a USCIS lockbox. They do not apply to benefit requests submitted to a USCIS service center or field office.

Below, we quote from the USCIS news release regarding the temporary flexibilities:

  • If you submitted a benefit request to a USCIS lockbox between Oct. 1, 2020, and April 1, 2021, and that request was rejected during that timeframe solely due to a filing fee payment that expired while the benefit request was awaiting processing, you may resubmit the request with a new fee payment. If USCIS concurs that it has rejected the benefit request because of the delay, USCIS will deem the request to have been received on the initial filing date it was first received and waive the $30 dishonored check fee.
  • USCIS will allow applicants and petitioners to submit documentation with a benefit request resubmission demonstrating that because of the time that elapsed between when a benefit request was originally submitted to a USCIS lockbox and when USCIS rejected it, an applicant, co-applicant, beneficiary or derivative has reached an age that makes them no longer eligible to file for the benefit requested. If USCIS agrees that the delayed rejection caused the person to be ineligible due to age, USCIS will accept the request and deem it to have been received on the date the initial benefit request was received. This flexibility does not apply to Form N-600K, Application for Citizenship and Issuance of Certificate Under Section 322.

The flexibilities have benefits in two cases. The first case involves situations wherein the petitioner's or applicant's filing fee payment expired due to USCIS processing delays. The second case involves situations wherein a benefit request was denied due to the amount of time that elapsed between the petitioner's or beneficiary's submitting the request and its processing. The latter flexibility does not apply to the Form N-600K, Application for Citizenship and Issuance of Certificate Under Section 322.

The USCIS news release advises applicants and beneficiaries who believe that they may be eligible to benefit from the flexibilities to contact the agency in order “to verify previously filed benefit requests have not been rejected in error.”

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, June 2, 2021

Additional 22,000 H2B Visas Made Available for FY-2021 For Certain Employers In Need

Additional 22,000 H2B Visas Made Available for FY-2021 For Certain Employers In Need
On May 21, 2021, the Department of Homeland Security (DHS) and Department of Labor (DOL) published a join-temporary rule making available an additional 22,000 H2B temporary nonagricultural guest worker visas for FY-2021 [link]. The United States Citizenship and Immigration Services' (USCIS) press release [link] on the news explains that these additional H2B visas will be available only to “employers who are likely to suffer irreparable harm without these additional workers.” Furthermore, 6,000 of the 22,000 supplemental H2B visas are being reserved for beneficiaries who are nationals of Honduras, El Salvador, and Guatemala.

Beginning on May 25, 2021, employers that have completed a test of the U.S. labor market to verify that there are no willing, qualified, and able U.S. workers for a position that falls within the ambient of the H2B program may file a Form I-129, Petition for a Nonimmigrant Worker, to seek additional H2B workers. Consistent with the purpose of the newly available H2B visas, the employer must also “submit an attestation with their petition to demonstrate their business is likely to suffer irreparable harm without a supplemental workforce.”

The attestation must be submitted on the DOL Form ETA 9142-B-CAA-4 [link]. It is important to note that the attestation is filed under penalty of perjury, meaning that employers must be honest about their need for additional workers. Furthermore, the employer must attest that he or she is seeking to employ returning workers only, unless it is seeking to employ a worker who is eligible under the 6,000 H2B visa allotment for nationals of Honduras, El Salvador, and Guatemala.

Employers who hope to take advantage of the additional H2B visa allotment should prepare to file their Forms I-129 expeditiously, and may consult an experienced immigration attorney in the area of nonimmigrant work visas [see category] 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

Tuesday, June 1, 2021

DHS Withdraws Efforts to Rescind the International Entrepreneur Parole Program

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On May 10, 2021, the United States Citizenship and Immigration Services (USCIS) announced [link] that it is rescinding a 2018 notice of proposed rulemaking [see blog] to withdraw The International Entrepreneur parole program, which had been instituted by a a final rule published on January 17, 2017. The rule had been previously allowed to take effect [see article] due to an injunction against an initial effort to end the program in 2017.

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, May 25, 2021

U.S. Mission in Russia No Longer Processing Non-Diplomatic Visas

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Effective May 12, 2021, the U.S. Embassy in Moscow reduced consular services due to the Russian Government's preventing it from employing foreign nationals. As a result, the U.S. Embassy in Moscow is no longer processing visas [link] for non-diplomatic travel. The Embassy added that it is not offering routine notarial services (e.g., Consular Reports of Birth Abroad and renewal of passport services) for the foreseeable future.”

The Embassy will provide some emergency services for U.S. citizens who are residents in Russia. Notably, the statement explains that if a U.S. citizen who is resident in Russia requires a new U.S. passport to remain legally present, or if he or she requires an emergency U.S. passport for a demonstrable life or death emergency, the individual may send an email to the Embassy explaining the situation.

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, May 24, 2021

17 New Immigration Judges Take the Bench in April 2021

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On May 6, 2021, the Executive Office for Immigration Review (EOIR) announced the investiture of 17 new immigration judges [link]. These new immigration judges include one Assistant Chief Immigration Judge and six Unit Chief Immigration Judges. Assistant Chief Immigration Judges oversee the operations of their assigned immigration courts. Unit Chief Immigration Judges preside over video teleconference hearings and supervise staff in said hearings. 13 of the immigration judges were appointed by Attorney General Merrick Garland, while the remaining four were appointed by former Acting Attorney General Jeffrey Rosen.

In this post, we will list the new immigration judges and note their resumes and biographical details, with reference to the EOIR's press release.

Immigration Courts Receiving New Immigration Judges

  • Adelanto Immigration Court
  • Atlanta — W. Peachtree Street Immigration Court
  • Chicago Immigration Court
  • Houston — Greenspoint Immigration Court (5)
  • New York — Broadway Immigration Court
  • New York — Federal Plaza Immigration Court
  • Portland Immigration Court
  • Richmond Immigration Adjudication Center (6)

One New Immigration Judge at the Adelanto Immigration Court

The Adelanto Immigration Court is located in Adelanto, California. It received one new immigration judge.

Bryan E. DePowell

Immigration Judge Bryan E. DePowell began hearing cases in April. He earned his Juris Doctor from Widener University Commonwealth Law School in 2009.

  • 2019-2021: Felony prosecutor in Honolulu, Hawaii.
  • 2018-2019: Chief Counsel for the House Minority Research Office in Hawaii.
  • 2012-2018: Private practice in Pennsylvania.

One New Immigration Judge at the Atlanta — W. Peachtree Street Immigration Court

The Atlanta — W. Peachtree Street Immigration Court is located in Atlanta, Georgia. It received one new immigration judge.

Bryan D. Watson

Immigration Judge Bryan D. Watson began hearing cases in April. He earned his Juris Doctor from the University of Missouri in 1996.

  • 1996-2021: U.S. Air Force Active Duty Judge Advocate in a number of locations. Retired from the U.S. Air Force in 2021 with the rank of Colonel.
  • 2019-2021: Chief Trial Judge for the U.S Air Force Trial Judiciary at Joint Base Andrews.
  • 2017-2019: Commandant of the U.S. Air Force Judge Advocate General's School at Maxwell Air Force Base.
  • 2014-2017: General Counsel of the White House Military Office in the District of Columbia.

Chicago Immigration Court

The Chicago Immigration Court is located in Chicago, Illinois. It received one new immigration judge.

Elizabeth Crites

Immigration Judge Elizabeth Crites began hearing cases in April. She earned her Juris Doctor from the University of Illinois Chicago John Marshall School of Law in 2009.

  • 2016-2021: Assistant Chief Counsel, Office of Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security in Chicago.
  • 2009-2016: Private practice.

Houston-Greenspoint Immigration Court

The Houston-Greenspoint Immigration Court is located in Houston, Texas. It welcomed five new immigration judges.

Nicholle M. Hempel

Immigration Judge Nicholle M. Hempel began hearing cases in April 2021. She earned her Juris Doctor from Chicago-Kent College of Law in 2000.

  • 2020-2021: Assistant Chief Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security, in Los Angeles, California
  • 2003-2010: Local prosecutor
  • 1998-2003: Law clerk

Martinque M. Parker

Immigration Judge Martinque M. Parker began hearing cases in April 2021. She earned her Juris Doctor from the University of Arkansas at Little Rock William H. Bowen School of Law in 2011.

  • 2017-2021: Assistant Chief Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security, in Lumpkin, Georgia.
  • 2011-2017: Local prosecutor.

David M. Paxton

Immigration Judge David M. Paxton began hearing cases in April 2021. He earned his Juris Doctor from Santa Clara University School of Law in 2009.

  • 2015-2021: Assistant U.S. Attorney for the Southern District of Texas.
  • 2011-2015: Local prosecutor.
  • 2010-2011: Special Assistant U.S. Attorney for the Criminal Division of the Northern District of California, in San Jose.

Kenya L. Wells

Immigration Judge Kenya L. Wells began hearing cases in April 2021. She earned her Juris Doctor from the University of Texas School of Law in 2010.

  • 2017-2021: Assistant U.S. Attorney with the U.S. Attorney's Office for the District of Columbia.
  • 2010-2016: Assistant District Attorney with the Manhattan (NY) District Attorney's Office.

Mark R. Whitworth

Immigration Judge Mark R. Whitworth began hearing cases in April. He earned his Juris Doctor from the University of Texas at Austin in 1993.

  • 2003-2021: Assistant Chief Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security, in Harlingen, Texas.
  • 2001-2003: Assistant District Counsel with the former Immigration and Naturalization Service.
  • 1994-2001: Assistant Attorney General with the Office of the Attorney General.
  • 1993-1994: Private practice.

New York — Broadway Immigration Court

The New York — Broadway Immigration Court is located in Manhattan, New York. It received one new immigration judge.

Adam Perl

Immigration Judge Adam Perl began hearing cases in April 2021. He earned his Juris Doctor from the St. Thomas University School of Law in 2011.

  • 2018-2021: Deputy Chief Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security, in New York.
  • 2016-2018: Deputy Chief Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security, in Newburgh, New York.
  • 2014-2016: Assistant Chief Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security, in New York.
  • 2011-2014: Assistant Chief Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security, in Los Angeles.

New York — Federal Plaza Immigration Court

The New York — Federal Plaza Immigration Court is located in Manhattan, New York. It received one new immigration judge.

William H. McDermott

Immigration Judge William H. McDermott began hearing cases in April 2021. He earned his Juris Doctor from The Catholic University of America Columbus School of Law.

  • 2011-2021: Local prosecutor in various offices in Maryland.

Portland Immigration Court

The Portland Immigration Court is located in Portland, Oregon. It received one new immigration judge.

Kathy J. Lemke

Immigration Judge Kathy J. Lemke began hearing cases in April. She earned her Juris Doctor from Arizona State University School of Law in 1997.

  • 2019-2020: Local prosecutor in Phoenix, Arizona.
  • 2009-2019: Assistant U.S. Attorney for the District of Arizona, in Phoenix.
  • 1998-2009: Local prosecutor in various offices in Arizona.

Richmond Immigration Adjudication Center

The Richmond Immigration Adjudication Center is located in Richmond, Virginia, and hears cases via video teleconference. It received six new immigration judges.

Megan B. Herndon (Assistant Chief Immigration Judge)

Assistant Chief Immigration Judge Megan B. Hendron began supervisory immigration court duties and hearing cases in April 2021. She earned her Juris Doctor from the University of San Diego School of Law in 2002.

  • 2020-2021: Senior Regulatory Coordinator, Office of Visa Services, Bureau of Consular Affairs, Department of State, in the District of Columbia.
  • 2018-2020: Deputy Director of Legal Affairs, Office of Visa Services, Bureau of Consular Affairs, Department of State, in the District of Columbia.
  • 2015-2015: Chief of the Legislation and Regulations Division, Office of Visa Services, Bureau of Consular Affairs, Department of State.
  • 2013-2015: Section Chief and Practice Division, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security, in the District of Columbia and Falls Church, Virginia.
  • 2009-2013: Appellate Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security, in the District of Columbia and Falls Church, Virginia.

Wade T. Napier (Unit Chief Immigration Judge)

Unit Chief Immigration Judge Wade T. Napier began supervisory immigration adjudication center duties and hearing cases in April 2021. He earned his law degree from Northern Kentucky University-Salmon P. Chase College of Law in 2005.

  • 2008-2021: Assistant U.S. Attorney for the Eastern District of Kentucky, in Lexington.
  • 2008-2008: Staff attorney for Kentucky trial judge.
  • 2005-2007: Private practice.

Tamaira Rivera (Unit Chief Immigration Judge)

Unit Chief Immigration Judge Tamaira Rivera began supervisory immigration adjudication center duties and hearing cases in April. She earned her Juris Doctor at California Western School of Law.

  • 2019-2021: Private practice in immigration law.
  • 2017-2019: Assistant Chief Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security, in Orlando.
  • 2012-2017: Assistant Chief Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security, in San Antonio.
  • 2010-2012: Attorney Advisor and Special Assistant U.S. Attorney for the U.S. Air Force, in San Antonio.
  • 2009-2010: Senior Democracy Fellow, U.S. Agency for International Development, in the District of Columbia.
  • 2007-2009: Private practice.
  • 1996-2006: U.S. Air Force Judge Advocate in a number of locations.

David H. Robertson (Unit Chief Immigration Judge)

Unit Chief Immigration Judge David H. Robertson began supervisory immigration adjudication center duties and hearing cases in April. He earned his Juris Doctor from the University of Richmond School of Law in 1989.

  • 1990-2020: U.S. Army Judge Advocate in a number of locations (also served as a military trial judge, special defense counsel, and prosecutor during this period — retired in 2020 with the rank of Colonel).

Elliot M. Kaplan (Unit Chief Immigration Judge)

Unit Chief Immigration Judge Elliot M. Kaplan began supervisory immigration adjudication center duties and hearing cases in April. Je earned his Juris Doctor from Whittier School of Law in 1982.

  • 1983-2020: Private practice at a number of law firms.

Jeb T. Terrien (Unit Chief Immigration Judge)

Unit Chief Immigration Judge Jeb T. Terrien began supervisory immigration adjudication center duties and hearing cases in April. He earned his Juris Doctor from Tulane Law School in 1997.

  • 2009-2021: Managing Assistant U.S. Attorney and Assistant U.S. Attorney for the Western District of Virginia, in Harrisonberg.
  • 2004-2008: Assistant U.S. Attorney for the Southern District of Ohio, in Cincinnati, and the Northern District of West Virginia, in Martinsberg.
  • 1998-2004: Virginia State and local prosecutor in a number of offices and positions.

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, May 18, 2021

USCIS Withdraws Proposed Rule on Biometrics Expansion

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On May 7, 2021, the United States Citizenship and Immigration Services announced [link] the Department of Homeland Security withdrew a proposed rule [link] that would have expanded the biometrics collection requirement by removing age restrictions and requiring biometrics for every application, petitioner, sponsor, beneficiary, or other individual associated with an immigration or naturalization request. The proposed rule had been published on September 11, 2020. With the withdrawal of the proposed rule, the USCIS's existing policies will remain in place.

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 13, 2021

EOIR Makes Interactive Policy Manual Available Online

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On January 13, 2021, the Executive Office for Immigration Review (EOIR) announced the release [link] of a new comprehensive policy manual. The EOIR Policy Manual is available online [link]. Users may search for specific terms with a convenient search box on the EOIR Policy Manual's homepage. The EOIR explains its new Policy Manual in a letter by Director James McHenry [link].

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 7, 2021

USCIS Completes H1B Initial Electronic Registration Process

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On March 30, 2021, the United States Citizenship and Immigration Services announced [link] that it had received enough electronic registrations during the initial H1B registration period to reach the fiscal year 2022 H-1B cap for both regular H-1B petitions and masters cap petitions. The USCIS has notified all petitions who are eligible that they will be able to file cap-subject H1B petitions on behalf of the named beneficiary of each petition.

H1B petitioners may now check their online accounts to see the status of their petitions. Their account will note whether USCIS received the petition and whether it was selected, denied, or invalidated invalidated for reason of failed payment.

Eligible petitioners may file cap subject petitions for the FY 2022 H1B cap beginning on April 1, 2021. Please note, again, that a petitioner may only file an H1B petition on behalf of the named beneficiary of a valid, selected H1B registration.

Petitioners should consult with an experienced immigration attorney in the area of work visas [see category] 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

Tuesday, April 6, 2021

USCIS Reverts to Prior Blank Form Rejection Policy

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The United States Citizenship and Immigration Services (USCIS) has reverted its policy to that which was in effect prior to October 2019 regarding certain applications being submitted with blank spaces. The USCIS made the announcement on April 1, 2021 [link].

The forms affected by the October 2019 policy were:

  • Form I-589, Application for Asylum and Withholding of Removal;
  • Form I-612, Application for Waiver of the Foreign Residence Requirement (under Section 212(e) of the Immigration and Nationality Act, as Amended); and
  • Form I-918, Petition for U Nonimmigrant Status.

Under the return to its pre-2019 policies, the USCIS will no longer reject Forms I-589, I-612, or I-918 if the applicant leaves a blank space.

Despite the policy reversion, the USCIS cautions applicants to ensure that they fill out all required fields on their forms. “[A]pplicants should be aware that we may reject these forms, or it might create delays in their case, if the applicant”:

  • Leaves required spaces blank;
  • Fails to respond to questions related to filing requirements; or
  • Omits any required initial evidence.

While the USCIS's backing away from the October 2019 policy and returning to a more forgiving stance on incomplete forms is welcome news to applicants, it is still very important for applicants to do their utmost to ensure that all forms filed with the USCIS are fully completed. As the USCIS noted, filing an incomplete form may still lead to case delays or the denial of the relevant applicant. An applicant is well-advised to consult with an experienced immigration attorney for guidance on properly completing one of the three forms affected by the policy reversion or any other form that must be filed with the 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

Wednesday, March 31, 2021

USCIS Returns to 1999 Public Charge Rules

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The United States Citizenship and Immigration Services (USCIS) has moved away from the August 2019 public charge rule that had been crafted and published by the previous administration. On March 9, 2021, the Secretary of Homeland Security, Alejandro N. Mayorkas, stated [link] that the Government would no longer defend the public charge rule in court, thus allowing it to be blocked and reverting to the former public charge rules that had been in effect since 1999. On March 19, 2021, the Department withdrew an October 2020 proposed rule [link] changing the affidavit of support requirements to go along with the August 2019 public charge rule.

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, March 9, 2021

Second Circuit Holds that BIA is Required to Make Unpublished Decisions Publicly Available

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On February 5, 2021, the United States Court of Appeals for the Second Circuit published an important decision for immigration practitioners and the general public in New York Legal Assistance Group v. Board of Immigration Appeals, 19-3248-cv (2d Cir. 2021) [PDF version].

The New York Legal Assistance Group filed suit to require the Board of Immigration Appeals to make all of its non-precedent decisions available to the public. In pursuing its case, the New York Legal Assistance Group relied upon the federal statute codified at 5 USC 552(a)(2), which places upon the Board the affirmative obligation under the Freedom of Information Act to make all of its final opinions and orders public in an electronic format. 5 USC 552(a)(4)(B) gives Federal district courts the authority to enjoin the Board from withholding records and to order the Board to produce records. The New York Legal Assistance Group sought to require the Board to make available for the public all unpublished opinions issued since November 1, 1996, in addition to future unpublished opinions.

In issuing an opinion to resolve a case, the Board may issue a published opinion or an unpublished opinion. Published opinions are precedential [see article], and thus binding on other cases. Unpublished opinions are non-precedential [see article], and are not binding in other cases. Nevertheless, the Board often references its unpublished opinions, despite the fact that they are not binding, and practitioners and clients often lack access to these opinions.

The United States District Court for the Southern District Court had dismissed the New York Legal Assistance Group's petition, concluding that he lacked the authority under statute to order the Board to make its unpublished opinions publicly available.

The Second Circuit, however, disagreed. By a 2-1 majority, the Court held that the district court did have the authority to order the Board to comply with its affirmative disclosure obligations. For that reason, the Second Circuit remanded the record to the District Court to reconsider the matter in light of the ruling that the district court has the authority to order the Board of Immigration Appeals to comply with its obligations to make all of its opinions available to the public.

The Second Circuit has, for the time being, left it to the District Court to consider what remedies are appropriate. Its opinion notes that while the Board of Immigration Appeals created the instant problem by not complying with its obligations to make records publicly available, remedying the problem will place a burden on the agency. For that reason, the Second Circuit recommended that the District Court consider a remedy that would require the Board to begin complying with its obligations by publishing more recent decisions, and reassess periodically.

On page 46 of the opinion, the Second Circuit stated that there “may be … some point in the process [where] the burden of redacting and posting [unpublished opinions and orders] will outweigh the equitable benefits of continued publication.” Here, the Second Circuit majority opined that recent opinions dealing with current laws will be more valuable to immigration practitioners and the general public than older decisions. Thus, while the New York Legal Assistance Group won an important victory, it is possible that the courts will not ultimately require the Board to make public every opinion — estimated to be 750,000 — it has issued since November 1, 1996.

The Second Circuit's decision is an important victory for transparency, and it will help ensure that the Board does not rely upon decisions to resolve cases that are not readily available to immigration lawyers and individuals in the immigration system. Furthermore, being able to consult unpublished decisions provides valuable information for how to approach cases where there are similar issues. We congratulate the New York Legal Assistance Group for its well-earned an important victory.

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, March 3, 2021

President Biden Revokes Bar on Entry of New Permanent Residents

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On February 24, 2021, President Joe Biden issued a Presidential Proclamation revoking former President Donald Trump's April 2020 Executive Order [see blog] barring the entry of certain classes of immigrants as permanent residents. The suspension was slated to expire at the end of April, 2021. The rescission is effective immediately. Foreign nationals who may be affected favorably 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

Tuesday, March 2, 2021

Supreme Court to Review Trump Administration's Public Charge Rule

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The Supreme Court of the United States agreed to take a case concerning the legality of the public charge rules implemented by the administration of former President Donald Trump [PDF version]. However, it is unclear whether the current Biden Administration will retain the public charge rules or seek to return to the former public charge rules. In the event that the Biden Administration moves to do away with the new public charge rules, the Supreme Court's consideration of the issue may be mooted. We will update the site with further information 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, January 19, 2021

USCIS Lockbox Delays

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On January 8, 2021, the USCIS reported [link] that it is experiencing delays issuing receipts for some applications and petitions filed at a USCIS lockbox facility.

The USCIS cautions customers that “[a]s a result of COVID-19 restrictions, an increase in filings, current postal service volume, and other external factors, you may experience a delay of four to six weeks in receiving your receipt notice after properly filing an application or petition with a USCIS lockbox.” The USCIS advises that “[t]hese delays will not affect the receipt date which is determined [under] 8 CFR 103.2(a)(7).”

The USCIS warned of especially significant delays for those who filed non-family based Forms I-485 or Forms I-765 on eligibility categories relating to F1 students.

The USCIS advises customers to file their forms online if the form in question is amenable to online filing. For filers who have to use a USCIS lockbox facility, the USCIS suggests completing the Form G-1145, E-Notification of Application/Petition Acceptance, and clipping it to the front of the form in question when filing at a USCIS lockbox in order to request a text message and/or email when the USCIS accepts the form.

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