President Trump Will No Longer Waive Jerusalem Embassy Act

On May 8, 2019, Secretary of State Mike Pompeo informed Congress that President Donald Trump would no longer sign waivers of the Jerusalem Embassy Act [PDF version]. Although President Trump recognized Jerusalem as the capital of Israel on December 6, 2017, and the U.S. Embassy was moved from Tel Aviv to Jerusalem several months later, President Trump continued to sign waivers under the Jerusalem Embassy Act until the move was completed. Secretary Pompeo explained in his determination that “[t]he Jerusalem Embassy Act called on the Department of State to open in Jerusalem not just the offices of the U.S. diplomatic mission to Israel, but also a chief of mission residence for our Ambassador to Israel.” The United States established a chief of mission residence in Jerusalem in consultation with the Israeli government in March 2019. It is because this requirement was satisfied that the Trump Administration determined that no further waivers on the Jerusalem Embassy Act would be necessary.

Please see my earlier blog to read my thoughts on President Trump's decision to extend U.S. recognition of Israel's capital [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

DOS Suspends Processing of Adoptions Under India's Hindu Adoption and Maintenance Act

The U.S. Department of State (DOS) announced that it is suspending processing of certain intercountry adoptions from India pending its review of Indian adoption laws [PDF version].

The DOS is reviewing India's Hindu Adoption and Maintenance Act. The review is to determine whether adoptions completed under the law comply with the requirements of the Hague Convention and the Intercountry Adoption Act of 2000. The review is necessary to determine whether DOS can process adoptions under this law under the Hague Convention or whether the DOS must process them on a case-by-case basis. Pending the completion of the review, the DOS will not process Hindu Adoption and Maintenance Act cases for immigration to the United States. The review has no bearing on adoptions completed under India's Juvenile Justice Act.

The DOS advised families with pending Form I-800 petitions and immigrant visa applications who are considering pursuing adoptions under the Hindu Adoption and Maintenance Act to consider deferring their intercountry adoption decisions until the DOS can provide more information. The DOS directed U.S. accredited adoption agencies to not provide referrals to U.S. prospective adoptive parents in such cases until it provides further notice.

We will update the site with more information once 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

ICE Starts Warrant Service Officer Program

On May 6, 2019, the U.S. Immigration and Customs Enforcement (ICE) announced the creation of the Warrant Service Officer program [PDF version].

Under section 287(g) of the Immigration and Nationality Act (INA), ICE can partner with local jurisdictions in order to deputize local police to enforce certain aspects of the immigration laws [see article]. The ICE news release explains that the Warrant Service Officer (WSO) program is, in part, “intended for rural jurisdictions that lack the budget and personnel resources to become 287(g) partners…” The WSO program is also “intended for local law-enforcement that wish to honor immigration detainers but are prohibited due to state and local policies that limit cooperation with the agency.”

Under the program, WSO officers will have authority to serve an administrative warrant and execute an arrest on behalf of ICE. After the WSO officer makes the arrest, ICE will have 48 hours to conduct a transfer of custody of the alien unless an Intergovernmental Service Agreement is in effect. If ICE fails to take custody of the alien within 48 hours, the alien must be released. Under the program, “WSO officers will only make arrests within the confines of the jail at which they work…” ICE will continue to send immigration detainers to partner jurisdictions.

ICE states that the statutory authority for the WSO program comes from section 287(g) of the INA. The WSO program will work slightly differently than the 287(g) program, however. “[U]nlike the 287(g) program, WSO officers will not question individuals about their citizenship, alienage or removability, nor will they process aliens who are unlawfully present in the United States.” These limitations were developed after “requests from the National Sheriffs' Association and the Major County Sheriffs of America, which asked for a program limited in scope that would allow jurisdictions prohibited from honoring immigration detainers to cooperate with ICE.”

Officers from jurisdictions that are parties to WSO agreements with ICE will be nominated to receive training from ICE-certified instructors to carry out their authorities under the program. The training for the WSO program is slightly modified from the training required for the 287(g) program.

In short, the 287(g) program will provide limited authority to partner jurisdictions to hold aliens in local jails or correctional facilities for up to 48 hours pursuant to warrants issued by ICE. Pinellas County (Florida) County Sheriff Bob Gualitieri became the first Sheriff to sign on to the WSO program.

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

Lawyer website: http://myattorneyusa.com

DOS Warns of Form I-604 Orphan Determination Adjudication Times in Non-Hague Convention Cases

On April 30, 2019, the U.S. Department of State published a reminder for prospective adoptive parents about potentially long processing times for the Form I-604, Determination on Child for Adoption, in non-Hague Convention cases [PDF version].

The notice explains that when the United States Citizenship and Immigration Services (USCIS) adjudicates a Form I-600, Petition to Classify Orphan as an Immediate Relative, in the United States, “the consular section in the child's country must complete a Form I-604 determination.” The Form I-604 determination is “to verify the child's orphan status prior to visa adjudication.” The DOS cautions prospective adoptive parents of children from countries that are not signatories o to the Hague Convention that “depending on the circumstances of the case, it can take several weeks or, in some cases, months to complete the Form I-604 orphan determination.” It added that “[w]hile the Form I-604 [orphan] determination for most cases will consist of an analysis of available documents, some cases will require additional interviews, documentation, or a field investigation, all of which may result in delayed processing of the case.” The DOS listed additional factors that may result in processing delays for the Form I-604 orphan determination:

• Prevailing fraud patterns in the country;
• Available staffing in the consular section; and
• Poor infrastructure and record keeping in the child's country of origin.

Although the DOS tries to adjudicate all Form I-604 orphan determinations expeditiously, it advises prospective adoptive parents “to keep their travel plans flexible while awaiting the Form I-604 determination results.” Prospective adoptive parents are not required to remain in the country during the entire Form I-604 orphan determination process, and may return to the United States pending its completion. The DOS reminds prospective adoptive parents that they should not schedule immigrant visa interviews until they have heard from the applicable consular section regarding the favorable disposition of the Form I-604 orphan determination.

Intercountry adoption is a complicated and time-consuming process, especially for certain non-Hague Convention cases. Prospective adoptive parents should consult with an experienced immigration attorney and their Adoption Service Providers (if the process has already begun) for case-specific guidance on what to expect and what evidence may be necessary for a successful adoption process.

Please see our website's growing section on intercountry adoption to learn more about the process generally [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