Aug. 15, 2011, Bender's Immigration Bulletin: EOIR Disciplines 6 Attorneys

Aug. 15, 2011, Bender's Immigration Bulletin: EOIR Disciplines 6 Attorneys

 EOIR recently took disciplinary action against six attorneys for violations of the rules of professional conduct for immigration practitioners. The following four attorneys were issued orders of immediate suspension: Parmesh Dixit, suspended on July 13 based on his conviction in Georgia for conspiracy to harbor aliens; Sarah J.M. Jones, suspended on July 13 based on her resignation from the bar of the Ninth Circuit; Ann Adele Ruben, suspended on July 13 based on her suspension for one year and one day in Pennsylvania; Frank Patrick Sprouls, suspended on July 20, pending final disposition, based on a ninety-day suspension in California for failing to act competently and for misconduct before the U.S. Court of Appeals for the 9th Circuit. The two final orders of discipline involved Robbie M. Levin, suspended for twenty-four months effective June 6 based on his twenty-four-month suspension in Georgia, and Manuel Angel Gonzalez, suspended for sixty days effective June 15 based on his sixty-day suspension in California.

U.S. Embassy Manila Visa Reissuance Program 

The U.S. Embassy in Manila announced its Visa Reissuance Program, which allows some visa applicants to schedule appointments, appear at the appointed times, have their applications screened, and give ten-print fingerscans without the need for an interview. To participate in the VRP, an applicant must:

  • 1. have a Philippines passport.
  • 2. have previously been issued, in Manila, a full-validity visa (a visa good for five or ten years).
  • 3. have a visa that is still valid or expired within the last twelve months.
  • 4. have all his or her passports covering the entire period since he or she received that full-validity visa.
  • 5. have not been refused a U.S. visa in the past twelve months.
  • 6. not have a visa annotated "clearance received."
  • 7. have never stayed in the United States longer than six months (even if DHS approved the extension of stay).
  • 8. have never been arrested or convicted for any offense, even if subject of a pardon.
  • 9. be able to provide the visa control number from his or her visa.

Further information about the VRP is available at

Change-of-Address Chart Issued 

DHS recently released a chart covering change-of-address procedures for USCIS, the Department of State, and EOIR. As mail forwarding is not always reliable or rapid, applicants and petitioners for immigration benefits are encouraged to promptly notify these agencies and the Department of Labor of any address change. USCIS, DOS, EOIR, and DOL each have separate procedures, filing locations, and timeframes for submitting an address change. The chart is reprinted at Appendix A and is found at

USCIS Ombudsman's Quarterly Report 

The USCIS Ombudsman's Quarterly for July highlights the Ombudsman's 2011 Annual Report, recent recommendations, cases, staff updates, and information about current areas of focus including VIBE, EB-5, Poverty Guidelines, and Best Practices. 

Testimony on HALT Act by Bender's Immigration Bulletin Editorial Board Member 

BIB Editorial Board member Margaret Stock testified before the House Judiciary Committee's Subcommittee on Immigration Policy and Enforcement recently on the "Hinder the Administration's Legalization Temptation (HALT) Act." The prepared text of her statement is available at pdf and Appendix B.

Guidance on DOL-DHS Revised Agreement on Workplace Enforcement 

he National Employment Law Project and National Immigration Law Center have published information on the revised DOL-DHS MOU on immigration and labor law enforcement in the workplace. The MOU is reprinted at 16 Bender's Immigr. Bull. 489, 504 (App. D) (Apr. 15, 2011). The NELP/NILC guidance is reprinted at Appendix C.

Reminder from USCIS

As the traditional harvest season approaches, USCIS reminds petitioners that certain fees may not be collected from H-2A and H-2B workers, according to 8 C.F.R. § 214.2(h)(5)(xi)(A) and § 214.2(h)(6)(i)(B).

We realize that delays in adjudicating these petitions may affect employers' ability to place workers in time-sensitive jobs. To avoid delays, USCIS urges petitioners to submit sufficient information regarding their recruitment efforts and the nature of fees collected from H-2A and H-2B workers. 

[This is an excerpt from the Aug. 15, 2011, issue of Bender's Immigration Bulletin.] 

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Bender's Immigration Bulletin