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Immigration Law

News Excerpts From the Dec. 1, 2015, Bender’s Immigration Bulletin

EOIR Appoints New Immigration Judges and Assistant Chief Immigration Judges |

In November, the Executive Office for Immigration Review announced the appointment of two new immigration judges and six new assistant chief immigration judges.

Jonathan Simpson, a former assistant chief counsel for U.S. Immigration and Customs Enforcement, was appointed as an immigration judge for the San Francisco Immigration Court. Daniel Daugherty was appointed an immigration judge for the Las Vegas Immigration Court. He has no prior immigration experience.

Of the six newly appointed assistant chief immigration judges, five previously worked for the Department of Homeland Security or the legacy Immigration and Naturalization Service, while one previously represented immigrants in private practice. EOIR stated that the new assistant chief immigration judges would continue to hear cases in addition to carrying out their managerial responsibilities.

USCIS Clarifies Policies on Nonimmigrant Visas for Journalists

On November 10, 2015, U.S. Citizenship and Immigration Services (USCIS) announced updates to its policy manual regarding the issuance of “I” nonimmigrant visas to members of foreign media organizations.

The updates clarify both the definition of foreign media representatives and eligibility requirements for obtaining an “I” visa. The updates also makes clear that “I” visas are reserved for individuals working in a news-gathering capacity rather than entertainment.

This guidance consolidates the guidance in Adjudicator’s Field Manual (AFM) Chapter 34.4 and related USCIS policy memoranda. The guidance, contained in Volume 2, Part K, Chapters 1-5 of  Policy Manual (2 USCIS-PM K), is controlling and supersedes any prior guidance on the information media “I” nonimmigrant visa category. AFM 34.4 is superseded and has been removed from the USCIS website.  [It should be noted that the Immigration Law and Procedure treatise will continue to carry the superseded AFM 34.4 after updating the Policy Manual (Volume 15) to include new Part K. AFM 34.4 will be shifted from the active AFM (Volume 15) to the archived AFM (Volume 16)].


DOS—The State Department has replaced the legacy Volume 9 of the Foreign Affairs Manual with the 9 FAM-e. The new version revises the language and organization but does not alter the substance of legacy Volume 9.

USCIS—U.S. Citizenship and Immigration Services has released an updated version of Form I-140, Immigrant Petition for Alien Worker. Applicants may continue to use the version dated March 5, 2013.

Bender's Immigration Bulletin

[This is an excerpt from the Dec. 1, 2015, issue of Bender's Immigration Bulletin.]

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