Queens Bar Bulletin

A Spotlight on Misinformation ...................................................................................................................................1

Docket, QCBA Board, New Members and Necrology.............................................................................................2

President's Message....................................................................................................................................................... 4

Editor's Note .....................................................................................................................................................................5

Serious Injury Threshold for "Loss of a Fetus" Unaffected By NY Reproductive Health Act of 2019 ..... 7

CIS Ombudsman’s Office Summary of Teleconference un USCIS Applicant Support Services..................8

Entering the United States After Deportation, What Are My Options? ......................................................... 9

Judiciary, Past Presidents, & Golden Jubilarian Night ..................................................................................10, 11

Directory of Local Bar Associations ........................................................................................................................15

Table ofContents

A Spotlighton MisinformationBy Allen E. Kaye and Joseph DeFelice

PRST STDU.S. Postage

PAIDFlushing, NY

Posted by Benjamin Johnson on May 7, 2019, Director of the American Immigration Lawyers Association.

On April 26, President Trump reached a disturbing milestone: according to the Washington Post fact checker, he uttered his 10,000th false or misleading statement since assuming office. Not surprisingly, many of these falsehoods revolve around immigration, particularly the situation along the U.S.-Mexico border. In fact, the very next day, at a campaign rally in Green Bay, Wisconsin, the president blew past the 10,000 mark in part through a distorted portrayal of immigrants at the border. Among his more flagrant deviations from the truth were the following:

“Last month alone 100,000 illegal immigrants arrived in our borders, placing a massive strain on communities and schools and hospitals and public resources like nobody’s ever seen before.”In fact, the number of unauthorized immigrants coming to the United States each year is at a 25-year low. The 92,607 southwest border apprehensions that Trump refers to include not only unauthorized immigrants, but large numbers of asylum seekers as well. Yet the two are far from being the same. The asylum seekers who Trump is calling “illegal” are not attempting to cross surreptitiously into the country; rather, they are presenting themselves to border-enforcement agents and requesting safe haven—which is their legal right. Most hail from the Northern Triangle of Central America—El Salvador, Honduras, and Guatemala—where horrific levels of violence perpetrated by gangs, as well as security forces, is driving people from their homes. It is telling that apprehensions in March included roughly 9,000 unaccompanied children and 37,000 “family units”—neither of which fits the stereotype of unauthorized immigrants as lone men trying to sneak over the border in search of jobs. Sadly, the Trump administration’s border enforcement strategy remains largely unchanged even as the nature of the challenge has changed dramatically.

“We’re building the wall, by the way, we’re going to have over 400 miles of wall built by the end of next year.”In truth, none of Trump’s much-touted concrete wall has been built. Congress forbade that any funds appropriated for border enforcement be used to build the wall. Rather, appropriated

funds can be used only for new stretches of fencing of the types already in use, or to replace existing fencing. Trump used existing funds from the Pentagon and Treasury Department to build about 83 miles of fencing. Added to the 175 miles built by Congress, that amounts to 258 miles of new fencing, which

Trump rhetorically transforms into more than 400 miles of “wall.”

“Obviously open borders bring tremendous crime.”More than a century’s worth of research shows that immigration is not associated with higher crime rates and that immigrants are less likely than the native-born to commit crimes. This is true both of immigrants in general and unauthorized immigrants in particular. For instance, a 2018 study from criminologist Michael Light and his colleagues found that, between 1990 and 2014, locales with larger shares of unauthorized immigrants had lower rates of violent crime (murder, rape, robbery, and aggravated assault). The researchers found the same pattern for nonviolent crime, such as drug offenses and driving under the influence (DUI).

“The flood of illegal migration is the direct consequence of Democrat-backed policies that prevent border violators from being promptly returned home. They’re allowed to stay in our country, catch and release. They’re allowed—you catch them and then you have to release. It is crazy.”Again, Trump demonstrates little understanding of what it means to seek asylum. Under U.S. and international law, an asylum seeker is not an unauthorized immigrant and should not be treated in the same way. Promptly returning them to the country from which they are fleeing would be inhumane and might actually be a death sentence in some cases. And, for all his talk of “catch and release,” Trump overlooks the fact that 85 percent of all deportations in this country are quickly ordered without so much as a single hearing before a judge.

President Trump’s tenuous relationship with reality extends to his understanding of the current situation at the southwest border. Contrary to his repeated, fact-free assertions, the influx of asylum seekers from Central America is not a crisis of “illegal immigration.” Despite the absence of the border wall he falsely claims is being built, and which he deems so essential to border security, unauthorized immigration is the lowest it’s been in decades. And the vast majority of the migrants who are coming to the border, be they asylum seekers or unauthorized border-crossers, are not bringing crime with them.

Those are truths.

__________Allen E. Kaye and Joseph DeFelice are Co-Chairs of the Immigration and Naturalization Committee of the Queens County Bar Association.

May / June 2019, Volume 85 No. 7Queens County Bar Association | 90-35 One Hundred Forty Eighth Street, Jamaica, NY 11435 | (718) 291-4500

www.qcba.org

2

2018-2019 Officers and Board of Managersof the Queens County Bar Association

President – Marie-Eleana First President-Elect - Clifford M. Welden

Vice President - Frank Bruno, Jr.Secretary – Adam Moses OrlowTreasurer – Michael D. Abneri

Class of 2021Gregory J. Newman

Deborah M. GaribaldiJeffrey D. Lebowitz

Michael SerresElizabeth Yablon

Class of 2022Kristen J. Dubowski Barba

Charles A. GiudiceRichard Michael Gutierrez

Paul E. KersonAndrea S. Ogle

Class of 2020Alla Allison Ageyeva

Gregory J. BrownJoshua R. KatzMichael KohanZenith T. Taylor

Arthur N. Terranova . . . Executive Director

Queens Bar Bulletin

EditorPaul E. Kerson

Associate EditorsStephen D. Fink

Richard N Golden

The DocketBeing the official notice of the meetings and programs listed below, which, unless otherwise noted, will be held at the Bar Association Building, 90-35 148th Street, Jamaica, NY. Due to unforeseen events, please note that dates listed in this schedule are subject to change. More information and changes will be made available to members via written notice and brochures. Questions? Please call 718-291-4500.

New Members

Necrology

July 2019Thursday, July 4 Independence Day – Office Closed

Friday, July 5 Independence Day Holiday – Office Closed

September 2019Monday, September 2 Labor Day – Office Closed

Monday, September 9 Golf & Tennis Outing at Garden City

Country Club

Wednesday, September 18 LGBT Committee Annual Mixer

Thursday, September 26 CLE: Cyber Security Seminar

Rebecca F. DahlenWilliam R. Lizarraga

Christian MadridCharles W. Marino

Renee MariottiAntoinette A.M. Osbourne

Salma Ragoonath

Hon. Leon A. BeermanHon. Richard A. Brown

ClE Seminar & Event listings

Quick, easy legal ad quotes and serviceis a phone call or email away:

718-639-7000 ads@queensledger.com

fax: 718-429-1234

Serving Up Your Community News For More Than 100 Years

Community Weekly Newspapers,Listed With Courts To Publish

All Legal AdvertisementsIn Queens And Brooklyn

Legal Advertising

3

Injuredin anautoaccident?

(718) 850-4368emuhealth.com

83-40 Woodhaven Blvd,Glendale, NY 11385

We accept No-Fault Insurance

• Orthopedics• Pain Injection• Endoscopic discectomy• Oral Surgery• General Surgery

The experts at EMU Health will help you get back on your feet with our full suite of medical services, including:

4

President's Message

“The Law must be stable, and yet it cannot stand still.” Hon. Charles W. Froessel, quoting Dean Pond, January 19, 1976

As this month of May draws rapidly to a close, I wish a Happy Spring to One and All. Earlier this month the Association held its 142nd Annual Dinner and Installation of Officers & Managers at Terrace on the Park. It was a festive occasion, well-attended, replete with many of our brand new student ambassadors from the law schools, young lawyers, and a live band named Flor Fitzgerald and Timbajazz, playing songs chock full of flavorful Latin rhythms. The Keynote Speaker was Kenneth G. Standard, the first black president of the Harvard Club of New York City. The Association honored the late Hon. Richard A. Brown and the Hon Jeremy S. Weinstein, and also presented the Association’s highest honor, the Hon. Charles W. Froessel Award to the Hon. Randall T. Eng.

A short time after these festivities, I took a few days respite and visited the Crawford County Historical Society in Pennsylvania to research some of my family history. As I conducted my research, I started wondering about the rich and illustrious history of our beloved Association, which has existed for 143 years. Specifically, I wanted to know why the Association was formed in the first place? Just exactly what was the mindset and intent of our forebears? So, I reached out to our Bar Bulletin’s editor Mr. Kerson, and he in turn sent me a thick packet of material entitled, “Spirit of ‘76, Queens County Bar Association 100th Anniversary 1876-1976...The Merger of its Centennial With Our Nation’s Bicentennial.”

Lo and behold, in this packet was an Address written by Judge

Charles W. Froessel himself, delivered on January 19, 1976 at the first meeting of our Association in the Bicentennial Year, 1976.

I learned much from Judge Froessel’s speech. For me, it confirmed my hunch that even though 143 years have passed, human nature remains human nature; the nature of attorneys is the same today as it was when the Association was formed 143 years ago.

I was struck in particular by several poignant observances and remarks from Judge Froessel’s speech and I highlight them here:

- At age thirty-three (that’s right, age 33!) Thomas Jefferson, the youngest delegate from Virginia, and principal author, penned the Declaration of Independence

- “The depression of 1929 and its aftermath had its impact on us as on everyone else. During the next 10 years, 300 members were lost for nonpayment of dues. However, as new members came in, the Association became more active...we stimulated investigations as to retainers in personal injury and condemnation cases, and the unlawful practice of law.”

- “What I should like to emphasize this evening is the lawyers’ role in the constant struggle for freedom. In that struggle, the courageous, independent and competent lawyer has always been in the forefront.”

- “The law must be stable but yet it cannot stand still.” (Hon. Charles W. Froessel, quoting Dean Pond)

The take away from these points raised in Froessel’s Address is that the influx of new blood is crucial to the survival of the Association. When new and young attorneys join and participate, the space is then supported to allow for the proper and timely advocacy of current issues that attorneys face. Advocacy for attorneys supports both their well-being and their pursuit of excellence in the practice of law. As Froessel’s Address enumerates, the Association has previously successfully advocated for rights and justice for members of the legal profession.

As members, what issues do you see facing attorneys today? What are the needs of the members of the legal profession that need to be addressed?

The Queens County Bar Association is here for you Dear Members; for the past 143 years it has provided stability, framework and structure. The Association is the forum where you can come and share ideas, to advocate for the well-being of yourselves and the members of the legal profession. As Froessel reminds us “...the law cannot stand still.” Change is necessary in the practice of law. Dear Members, you have the power to effect real and positive change and you can do so within the Association’s stable environment. Advocacy for attorneys and sustained support is possible. All you have to do is to take that first step. Come and participate, and invite your colleagues. You are more than welcome.

Kind Regards,

Marie-Eleana First

5

Editor’s NoteTransparency v. Privacy

By Paul E. Kerson

Newspaper and electronic media today are full of demands for more transparency. There is an equal demand for more privacy. How can we reconcile these conflicting demands? One editorial writer takes the position that everyone’s federal tax return should be made public in an effort to improve transparency. This might be the most bone-headed idea I’ve read in recent years. Such a law would bring every office, factory, and farm in the country to a grinding halt. Every owner, manager, and employee would study exactly who had what in his or her shop. There would be efforts to try to adjust profits, salaries, bonuses and fringe benefits according to people’s tax returns rather than according to their work product. The economy wouldn’t just suffer – it would stop. This is not to say that candidates for public office should not disclose their tax returns. Public office requires very different standards. The voters have a right to know if political candidates have corporate interests that may conflict with the public duties they seek. But for everyone else – the vast majority of Citizens who will never seek public office – their privacy must be respected. Privacy is a real challenge in the age we live in. The cell phone you carry can track your movements and broadcast your most private data. When using cell phones and/or e-mail lawyers especially must be very careful not to say or write any client’s confidential information. A client’s secrets about his or her arguments with business partners, siblings, spouses, and children must never be spoken of or written about except behind closed doors with all electronic devices TURNED OFF. Any lesser vigilance compromises our ability to represent our clients and this puts less justice in the world. Google and other search engines have completely compromised the entire concept of privacy. All information - both positive and negative – shows up when “googling” any individual or company. How to get rid of negative information? There are companies that will promise to do this for you or your clients for a small fortune in ongoing fees. The European Union (EU) and Argentina have the right idea. They have invented a new human right for the electronic age – “The Right to Be Forgotten”. The European Union’s Parliament has enacted General Data Protection Regulation Article 17 (2012/0011 – COD). This statute requires Google to accept applications for “data removal”. Google is then required to weigh “the individual’s right to privacy against the public’s right to know”. The EU’s standard for data removal is this: if the data is “inadequate, irrelevant, or no

longer relevant, or excessive in relation to the purposes for which they were processed”. See Google, Wikipedia, “The Right to be Forgotten”. If Google denies the request to remove data, the individual can appeal to their local Data Protection Agency. In 2015, the British Data Protection Agency had 184 complaints against Google’s decisions on “Right to Be Forgotten” data removal requests and overturned approximately 25% of Google’s decisions. Ibid. As of May 2014, Google had removed 1,390,838 pieces of data in this process. Facebook removed 11,973. YouTube removed 5,999. Google Groups removed 7,246. Twitter removed 4,588. Ibid. The entire issue came to a boiling point when a British doctor sought removal of data about 50 operations he allegedly botched. Google removed three. There was public outrage arguing that removal of such information could lead to readers of Google making uninformed decisions. Google responded by saying it was trying to balance “the right of the individual and (the) public interest”. Well, there you have it – perhaps the most important philosophical issue of our internet age is being dealt with by the EU. Google, Facebook, YouTube, Google Groups and Twitter are all American companies. Where is our U.S. Congress, our State Legislatures and our City Councils on this – all “asleep at the switch” while our companies change around our whole conception of Transparency v. Privacy. Incidentally, “asleep at the switch” comes from a time when our American legislators failed to regulate the “high tech” of the 19th century,

when railroad track workers might fall asleep and fail to divert the train onto a side track, and thus cause a collision with an on-coming train. Ultimately, the Interstate Commerce Commission (ICC) was created in 1887 to regulate railroads, the internet of the 19th and 20th centuries. It was replaced by the Federal Railroad Administration (FRA) in 1966. FRA makes certain that railroad workers are not “asleep at the switch” today. But it is high time the U.S. Congress establishes a new “Internet Commerce Commission” to establish and administer the “Right to be Forgotten”. We should not let the EU take the lead in regulating American inventions in Europe while we have no national regulatory system here. And Google, Facebook, YouTube, Google Groups and Twitter should not be taking these applications and making these decisions. Balancing competing economic interests is the Federal Government’s job. The FRA knows all about railroad workers who may be “asleep at the switch”. It is high time for the rest of the Government to catch up. This is not a First Amendment issue. When the Founders guaranteed us “freedom of the press” in the Bill of Rights, they understood “the press” to mean the printing press – newspapers with editors and publishers deciding what to print. The Government was not to substitute its judgment for that of independent newspaper editors and publishers. This idea was later extended to radio and television news, both of which had editors, with broadcasters substituting for publishers. But today’s Social Media is nothing like a newspaper, or radio or television news program. Computer algorithms determine what is published. It is out of human hands. Tremendous damage can be done to individuals and companies (both large and small) under these circumstances. Today’s Social Media is much more analogous to a railroad with employees asleep at the switch. Google, Facebook, YouTube, Google Groups and Twitter are totally asleep as the switch today. They delegate critical human decisions to machines that function in the flash of an eye without any reference to the human condition. They are in deep need of a Federal Railroad Administration for the Internet, the 21st century railroad. Uncontrolled, unedited Social Media is no newspaper, radio or television program. It is technology gone mad – totally asleep at the switch, causing massive collisions by failing to watch the track.

6

7

On January 22, 2019, Governor Cuomo signed into law New York’s Reproductive Health Act (“RHA”), which amended Public Health Law Article 25-A. The enactment of the bill was and remains controversial, but whether it was wise or not is beyond the scope of this article. The legal question that is raised and answered here is whether the language of the new statute affects the “serious injury threshold” of Insurance Law 5102(d), which, since 1984, has recognized “loss of a fetus” as a predicate for automobile-related personal injury actions.

The RHA changed the state’s law to permit abortions beyond the 24th week of gestation if, beyond that time, the fetus is not viable, or to protect the life or health of the mother. It decriminalized Abortion in the First and Second Degrees and Self-Abortion in the First and Second Degrees. The RHA also removed the requirement that only physicians perform abortions, by now permitting them to also be performed by nurse practitioners, physician assistants, and other health care professionals such as midwives. Controversy over the RHA was heightened this past February as a result of well-publicized events that occurred in Queens County. There, Jennifer Irigoyen, who was five months pregnant, was stabbed to death in a stairwell, and which also caused death to her unborn child. On February 8, 2019, Irigoyen’s boyfriend, Anthony Hobson, was charged with two counts of Murder in the Second Degree -- one count for the death of Irigoyen and the other count for the death of the unborn child. Two days later, the late Queens District Attorney Richard Brown dropped the second murder count on the ground that under the new RHA, the loss of the child no longer qualified to support that murder charge.

While the RHA tangibly affected Hobson’s criminal case, will there be a corresponding impact on future automobile-related personal injury action’s based on a woman’s loss of a fetus? Civil practitioners can recite the various categories of automobile threshold injuries in their sleep, such as death, fractures, dismemberments, permanent or significant limitations, loss of use of body parts, and the “90/180" category. Judges too. Is the portion of Insurance Law 5102(d), which recognizes the “loss of a fetus” as a free-standing threshold injury, still “good law?”

The serious injury threshold that is met by a woman’s loss of fetus should be unaffected by the RHA. The difference between the RHA’s impact on criminal cases, versus the civil threshold injury provisions in the Insurance Law, is this: In the Hobson criminal case, the “second” count of murder addressed the death of the unborn child as an independent victim. By contrast, under the language of Insurance Law 5102(d), the loss of a fetus never authorized a personal injury claim in favor of the child in the womb, nor a wrongful death claim for the parents from the loss of the child. The Insurance Law only goes so far as to bestow upon the mother a cause of action for personal injuries to herself, predicated upon her loss of an unborn child. Thus, the implications of the RHA are substantively different in the criminal context compared to the civil context. The “loss of fetus” threshold of Insurance Law 5102(d) should remain on the books unaffected by the recent amendments to the Public Health Law, and continue to qualify as a serious injury compensable at law.

The instant subject matter is not pleasant and this article is hopefully written with sensitivity to all readers.

Fortunately, a review of Westlaw reveals that personal injury cases based on a woman’s loss of a fetus as a result of automobile accidents, which are always unfortunate, represent the least utilized of the various serious injury thresholds. ___________________* Mark C. Dillon is an Associate Justice of the Appellate Division, Second Judicial Department, and an Adjunct Professor of New York Practice at Fordham Law School.

The Practice PageSerious Injury Threshold for

"Loss of a Fetus" Unaffected ByNY Reproductive Health Act of 2019

Hon. Mark C. Dillon *

8

The CIS Ombudsman’s Office provided a summary of its 2/14/19 teleconference on USCIS Applicant Support Services including a discussion of its shift from self- scheduled InfoPass appoint-ments towards support services provided online or through the USCIS Contact Centers.

On February 14, 2019, the Office of the Citizenship and Immi-gration Services Ombudsman (Ombudsman) hosted a telecon-ference with speakers from U.S. Citizenship and Immigration Services (USCIS) to discuss how the agency is changing the way it provides support services to applicants. USCIS is calling this initiative the Information Services Modernization Program, or InfoMod for short.

On the call, officials from the USCIS External Affairs and Field Op-erations Directorates described how InfoMod will shift applicant support services from self- scheduled InfoPass appointments towards support services provided online or through the USCIS Contact Centers. They explained that this change is intended to reserve scarce USCIS resources for applicants whose business must, by its nature, be conducted in person. They further en-couraged applicants to use USCIS online information resources, particularly myUSCIS, and to call the USCIS Contact Center (for-merly known as the National Customer Service Center) for infor-mation and access to in-person services. Below are some of the questions the Ombudsman’s Office posed to USCIS.

Why did USCIS change the process for obtaining an in-person appointment at a field office?

USCIS officials stated that under the old system they had ob-served many people scheduling InfoPass appointments for information they could have received by calling the Contact Center or checking the USCIS website. Regulating in-person ap-pointments, they said, gives USCIS field office adjudicators more time to help those who truly need assistance that can only be provided in person, such as issuing emergency documents, pro-viding ADIT stamps, and interviewing individuals. The officials encouraged the public to visit myUSCIS, the “one-stop-shop for immigration services,” to obtain information on general immi-gration services and benefits as well as specific case information.

What is myUSCIS and what does it do?

MyUSCIS is an online public portal with many resources related to immigration benefits. Individuals can file certain immigra-tion applications online through myUSCIS, including to renew a green card (Form I-90) or apply to become a naturalized U.S. citizen (Form N-400). When you register for myUSCIS, not only will you receive personalized case status information, such as application notices and requests for evidence (RFEs), but you also can respond to those RFEs through the myUSCIS portal. Before filing forms online and managing personal case informa-tion, you must first create and sign into a secure online account. Applicants with secure online accounts will receive automated case status updates via email and alerts to their accounts when USCIS has taken action on their cases. USCIS will also send a status notice every 2 weeks even if nothing has happened with their cases.

What if I really need to talk to a person about my immigration

question?

While USCIS encouraged the public to access its online services for assistance, they reiterated that individuals always have the option of calling its Contact Center to request an in-person ap-pointment at a local field office. As of February 2019, USCIS has eliminated InfoPass (self-scheduled appointments) at about 30 percent of its local field offices and plans to phase out that sys-tem at the remaining field offices by the end of September 2019. Where InfoPass scheduling is no longer available, applicants may call the USCIS Contact Center at 1-800-375-5283, Monday through Friday from 8 a.m. to 8 p.m. Eastern Time (except on fed-eral holidays) to speak to a USCIS representative. A Contact Cen-ter representative at this first level, Tier 1, will determine whether a visit to a local field office is necessary based on information available in USCIS systems and provided by the caller. If the situ-ation meets USCIS’ criteria for obtaining an in-person appoint-ment, then the representative will transfer the requestor to the next level of inquiry, Tier 2, where a second representative will call back the applicant in 24 to 48 hours to assist in scheduling a convenient appointment time.

In rolling out InfoMod, USCIS reports that it has reduced the number of in-person appointment requests, easing the amount of work placed on adjudicators, as well as making in-person ap-pointments more readily available for emergency situations.

Other Issues Raised During the Teleconference.Near the end of the teleconference, the Ombudsman’s Office gave stakeholders an opportunity to voice comments and pose questions directly to the USCIS representatives. These issues in-cluded the following:

• Difficulties getting transferred to Tier 2. USCIS re-sponded during the teleconference that at any time during a call, a caller may request that the Tier 1 representative transfer the call to a supervisor or Tier 2. USCIS has instructed its Tier 1 representatives to abide by these requests.• Untimely call-backs. Some users reported they hadnot received call-backs from Tier 2 representatives within the timeframes indicated.• Attorneyorrepresentativerequirement.Stakeholdersexpress concern about the difficulty of scheduling calls in light of the change in USCIS’ policy regarding who must be present when requesting information from a Contact Center.

USCIS now requires the applicant or legal representative who has a signed Form G-28, Notice of Entry of Appearance as At-torney or Accredited Representative on file with USCIS be pres-ent during the call. This is an agency-wide policy. In response to these concerns, USCIS responded that it hopes to offer the ability to schedule a specific call-back time in the future.After this teleconference, the Ombudsman’s Office visited two USCIS Contact Centers to follow up on stakeholder concerns and learn more about USCIS’ InfoMod Program. The Ombudsman’s Office asks the public to let them know when they experience problems like those mentioned above, or additional concerns, so they can identify any issues USCIS should investigate. They look forward to continuing the conversation with USCIS to help improve the program as the rollout continues.

CIS Ombudsman’s Office Summary of Teleconference un USCIS Applicant Support Services

By: Allen E. Kaye and Joseph DeFelice

Allen E. Kaye and Joseph DeFelice are Co-Chairs of the Immigration and Nationality Committee of the Queens County Bar Association.

9

If a noncitizen was deported or removed from the U.S. to another country they may be barred from reentering the U.S. for either five, ten, or 20 years, or permanently. The length of time depends on the the reasons why the individual was removed and whether they were convicted of a crime.

A foreign national who had previously been deported or removed from the U.S. may request to reenter before waiting the required number of years if they have a new valid basis for which a green card or a visa should be granted. This would require Form I-212, Permission to Reapply For Admission into the U.S. After Deportation or Removal, to be completed and submitted to USCIS. This form is known as a waiver request which asks immigration to forgive the individual’s inadmissibility and give them a second chance. Every I-212 that is filed is looked at individually and is decided case by case.

Some factors that are looked at when deciding an I-212 are: the reason for deportation, how much time has passed since deportation, the length of time the individual had lived in the U.S., and moral character. Not everybody is eligible to apply for a waiver through Form I-212. Individuals who were previously removed from the U.S. or ordered removed but voluntarily left the country, or have entered the U.S. unlawfully after a prior removal order or deportation or were present in the U.S. for at least one year without first obtaining permission from immigration officers are not allowed to file Form I-121.

If the individual’s Form I-212 is granted they then may apply for an immigrant visa. In some cases,

individuals may need to file a separate waiver of the grounds of inadmissibility if the individual was deported for reasons such as being unlawfully present in the U.S. or for committing a serious crime. This separate waiver will require Form I-601 to be filed with USCIS and the individual will need to show immigration that their denial of entry would cause extreme hardship to a qualifying relative. Qualifying relatives are: spouse, child, or parent who are either U.S. citizens or permanent residents.

The I-212 request can be a very useful tool for individuals who have some time related bar from entering the US related to Removal or Deportation. Individuals or people with family that have been removed may have options available to them and should contact an experienced Immigration Attorney to find out what their options are.

U.S. Immigration and Nationality LawDev@banadlaw.com | www.banadlaw.com | 718.361.5999 | Fax: 718.937.1222

Loyalty and Devotion to Carry You Through Your Case

U.S. Immigration & Nationality Law for New York, New Jersey, Pennsylvania, Conneticut and the Entire U.S. and the World

QUEENS OFFICE: 186-09 Union Turnpike, 2nd Floor, Fresh Meadows, NY 11366NYC OFFICE: 233 Broadway, Suite 2040 | The Woolworth Building, New York, NY 10279INDIA OFFICE: Barton Centre, Suite 510, 84 M.G. Road Bangalore 560001, India | 080.308.93291INDIA OFFICE: BLDG No 60, Ground Floor, Flat NO 2682 Ghandhi Nagar, Ahead of MIG Cricket Club

Bandra East, Mumbai 400051, India | 022.2640.1140 | (USA - India Line: 001.718.766.8606)

By Dev B. Viswanath, Esq. & Michael Phulwani, Esq.

Entering the United States After Deportation, What Are My Options?

10

By: Salvatore Isola, BQE Media

The Queens County Bar Association hosted a lavish and celebratory dinner on Thursday, May 2 at Terrace on the Park in Flushing, with bountiful selections of fancifully-displayed foods and impressive views of Flushing Corona Meadows Park.

The 142nd Annual Dinner and Installation of Officers and Managers featured over 300 people in attendance, including many judges of the trial courts, appellate divisions, and special honorees.

The Association honored some of its most distinguished members, including retiring Queens County Civil Term Administrative Judge Honorable Jeremy Weinstein and retired Presiding Justice of the Appellate Division, Second Department, Honorable Randall Eng.

While honoring Justice Weinstein with his award, former Association President Gregory Newman tapped into an ongoing and well-known joke between the two. He presented Weinstein with an Aaron Judge Yankees jersey, excitedly saying “Hello, Judge.” “Hello, Newman,” Weinstein replied with the unenthusiastic Seinfeld-esque tone. The audience laughed and cheered during the evening’s highlight.

Weinstein is set to retire in June, and when asked what he will miss most following retirement, he replied, “There is only one answer: you. You have all been the love of my life.”

Hilary Gingold, the immediate past Bar President, spoke highly of Weinstein, saying, “He’s an honorable man. He’s done a wonderful job: he’s been a legislator, he’s been a lawyer, and he’s been a judge. He’s a role model to all young attorneys coming out of school, and his résumé is still something that I aspire to attain in my future.”

Justice Eng was awarded the Charles W. Froessel Award and spoke about his personal relationship with the man himself, saying that he was a family friend dating back more than 30 years, and “he encouraged me to study law, which at the time wasn’t particularly welcoming to Asian-Americans.”

Eng expressed his honor for being selected to receive the award and said that he strives to be like Frossel, since “he embodied everything that the association stands for, and that is scholarship, service, integrity, and dedication to the advancement of the profession.”

The evening’s third special honoree was Queens County District Attorney, Honorable Richard Brown. DA Brown – affectionately known as “Judge Brown” – was not in attendance as he had been battling Parkinson’s since he stepped down in March. He passed the following evening.

During the dinner, however, the admiration for “Judge Brown” was unmistakable. Richard Gutierrez presented Brown’s award and spoke about his 28 years of service fondly. “Richard Brown was elected DA in 1991. He has since become Queens County’s longest serving DA,” Gutierrez said. “And he has done so much to create a department that’s fair and equitable.”

Senior Executive Assistant DA James Quinn accepted the award on behalf of Brown, asking that those in attendance “Keep [Brown] in your thoughts and prayers.”

Following the awards, new officers and managers were sworn in, including Treasurer Michael Abneri, Secretary Adam Orlow, Vice President Frank Bruno Jr., President-Elect Clifford Welden, and President Marie-Elena First.

President First addressed the room, saying “This is about remembering and celebrating and thinking about humanity and compassion. The laws are made for humans – but by humans – and we cannot forget that element. And this is learning how to be compassionate and loving in an inherently adversarial system. I have hope for the system.”

After laughing and posing for pictures with President First, former President Gingold looked at the crowd and said “I think everyone is here and happy to celebrate our honorees, as evidenced by our enormous turnout.”

The Honorable HonoreesAnnual Dinner &

Installation of Officers 5-2-19

Adam Orlow, Chair of Sponsorship Committee, acknowledging the sponsors for the Annual Dinner

Attendees to the Annual Dinner and Installation Father Timothy Valentine giving the Invocation.

photos by Walter Karling

11

Flor Fitzgerald and Timba Jazz Band

Justice Bernice Siegal installing officers Michael Abneri-Treasurer, Adam Orlow-Secretary, Frank Bruno-Vice

President and Clifford Welden-President-Elect

Newly Elected President Marie-Eleana First saying a few words after her installation.

Past President Richard Gutierrez with James Quinn, Sr Exec ADA, receiving presentation for DA Richard Brown

on his retirement.

Guest Speaker Kenneth G. Standard

Justice Weinstein's 40 year challenge victory presented by Greg Newman.

Past President Greg Newman presenting Justice Weinstein with a gift from QCBA for his retirement.

Poster thanking Annual Dinner Sponsors

Justice Bernice Siegal installing Marie-Eleana First as President of QCBA

MC Hon. Sidney Strauss with newly installed President Marie-Eleana First

Past President Joseph DeFelice with the Hon. Charles Froessel Award winner, Hon. Randall Eng.

QVLP Thank You Poster for Annual Dinner Journal

12

MEDIATION/SETTLEMENTSSKILLED NEGOTIATOR45 YEARS EXPERIENCE

PERSONAL INJURY LITIGATION

PREPARATION OF BRIEFCASE PRESENTATION/ARGUMENT

SETTLEMENT DISCUSSIONSFOLLOW UP UNTIL RESOLUTION

Send me your select filesthat are ready for mediation forum

HEAVY CASES ONLY

ROBERT P. ROVEGNO, ESQ.ROVEGNO LAW, P.C.

600 OLD COUNTRY ROADSUITE 505

GARDEN CITY, NEW YORK 11530516-729-0033

New ductless AC system: as low as $88/month*

Staycation: free

*Based on financing a $7,000 installation and 9.99% interest rate up to 132 months. Subject to credit approval and applies to qualified systems only. Additional terms and conditions may apply. Nassau Lic. #H36006309. Suffolk Lic. #3134-P, 2901-RE. NYC Lic. #1314079. ©2019 Petro. P_19135

1.877.226.1534Call now – limited time offer!

Enjoy a cool, comfortable house all summer with a quiet, energy-efficient ductless AC system.

Put $0 down

DUFFY & POSILLICO AGENCY INC.Court Bond Specialist

BONDS*BONDS*BONDS*BONDSAdministration • AppealExecutor • GuardianshipInjunction • ConservatorLost Instrument • Stay

Mechanics LienPlaintiff & Defendants Bonds

Serving Attorneys Since 1975Serving Attorneys Since 1975Complete Bonding Facilities

1-800-841-8879FAX: 516-741-6311

1 Birchwood Court Mineola, NY 11501 (Across from Nassau County Courts)NYC Location: 65 Broadway, Suite 1104, New York, NY 10006

www.duffybonda.com

IMMEDIATE SERVICEWE KNOW THE VALUE OF YOUR TIME

The attorneys are currently members of: The New York State Bar Association’s Elderlaw,Trust & Estates & Real Estate Sections; NAELA (National Academy of Elderlaw Attorneys)

Attorney Advertisement

Nancy J. Brady, R.N., Esq.Linda Faith Marshak, Esq.Alexander Sam Bader, Esq.

156-36 Crossbay Blvd., Howard Beach, NY 11414718.738.8500 • www.bradyandmarshak.com

“Planning in Advance is the Key to Protectingthe Value of Your Home and Savings”

Estate Planning & ElderlawWills, Trusts, Probate

Medicaid Planning & Medicaid ApplicationsGuardianship & Real Estate Matters

13

Does you r c l i en t ha ve a wo rk r e l a t ed a c c i den t , o r an ex i s t i ng Worke r s ’ Compensa t i on c l a im? A r e t hey ou t o f wo rk and need t o f i l e a So c i a l Se cu r i t y D i sab i l i t y c l a im?

Py r r o s & Se r r e s L LP | 718 .514 .2244 | www.ny law.ne t | newcase cen te r@ny law.ne tQueens : 31 -19 New town Ave , 5 th F l oo r A s t o r i a , NY 11201 | B r ook l yn : 111 L i v i ng s ton S t . , Su i t e 1928 , BK , NY 11201 | B r onx : 149 Ea s t 149 th S t . , B r onx , NY 10451

IF YOU ARE UNSURE OF THE WC PROCESS AND NEED A CONSULTATION, PARTNER WITH US! WE HANDLE THE COMPLETE

COUNSEL TO THE PROFESSION

EXPAND YOUR LAW PRACTICE CAPABILITY WITH PYRROS & SERRES, LLP.WORKERS’ COMPENSATION AND SSD IS WHAT WE DO!

IF YOU ARE UNSURE OF THE WC PROCESS AND NEED A CONSULTATION, PARTNER WITH US! WE HANDLE THE COMPLETE PROCESS.

To Advertise in the QCBA Bulletin

Call Kathleen Connell at 718.426.7200or email kconnell@queensledger.com

We also offer community news advertising, website creation,and social media management!

To our current advertisers,Thank you for your continued support of the

Queens Bar Association and its Bulletin!

14

ARCHITECTURE STUDIODESIGNER & ARCHITECT

William Gati, AIAPrincipal Architect

We do Legalizations, Building Depar tment work, Cer t if icates of Occupancies, etc. . .

The mission of Architecture Studio is to design f ine structures that are strong, beautiful and uti l i tarian. This is achieved through computer-aided design and

draf t ing, attention to details, and a hands-on ap-proach to construct ion administration.

718.805.2797wgati@architecturestudio.com

architecturestudio.com112-31 84th Avenue, Richmond Hill, NY 11418

Business Valuation and Forensic Accounting for:

Equitable Distribution

Shareholder & Partnership Disputes

Estate and Gift Tax/Succession Planning

Financial Asset Tracing

Litigation Support/Expert Witness Testimony

Business Interruption and Lost Profit Analysis

Economic Damages - Personal Injury & Wrongful Death Cases

Retirement Assets Valuation and QDRO Services

LONG ISLAND (516) 364-3232

NEW YORK CITY (212) 505-5770

WESTCHESTER (914) 831-1555 CONNECTICUT (203) 344-3200

www.goKLG.com

15

FREE CONSULTATIONS718-843-0300

www.SullivanGalleshaw.com

Keith M. Sullivan, Esq. James J. Galleshaw, Esq.

SULLIVAN & GALLESHAW, LLPATTORNEYS AT LAW

108-15 CrossBay Blvd, Queens, NY 11417&

30 Wall Street, New York, NY 10005Attorney Advertisement

Personal Injury and Criminal Defense

DIRECTORY OF LOCAL BAR ASSOCIATIONSA Calendar of Events Within the Queens Legal Community

June 23, 2019, 9:30 amBrandeis Association Scholarship Brunch

Young Israel of Jamaica EstatesJamaica Estates, NY

www.brandeisscholarshipfund.org

June 25, 2019, 6:00 pmQueens County Women’s Bar

Association Annual DinnerRusso’s on the Bay, Howard Beach, NY

https://qcwba.org/event/qcwba-2019-installation-dinner/?instance_id=38

August 1, 2019, 6:00 pmMulti-Bar Association Boat Cruise

to Statue of LibertyWorld’s Fair Marina (CitiField)

https://brandeisassociation.org/upcoming-event/

16

DO YOU HAVE ESTATE CLIENTS THAT CALL EVERY DAY TO ASK WHEN THEY WILL

RECEIVE THEIR INHERITANCE?

At ProbateADVANCE, we provide heirs with cash advances on their inheritance in as little as 2 business days

• Free to apply, no hidden fees• Simple / straightforward process• Guaranteed best pricing

We Can Help!

Website: www.probateadvance.comEmail: info@probateadvance.com

Phone: 1-800-959-1247

Contact us directly or pass our contact info to your clients

718-702-0901

LITIGATION ASSOCIATE

Mullen & McGourty, P.C. (Queens, NY)Growing regional insurance defense firm in seeks an

associate with 2 to 5 years’ experience to handleGeneral Litigation and Workers’ Compensation cases.

The candidate should be organized, self-motivated andproactive in handling a reasonable caseload.

Please send cover letter, writing sampleand resume to:

sstevens@m2esq.com

wholtz@m2esq.com

17

20% discounton lodging for

all new businessbooked in the months

of June and August!Call Cheryl for a quote today!

(718) 990-2027stjohns.edu/conference-services

Groups looking to host workshops, summer camps, international travel programs, and conferences can take

advantage of this offer while enjoying use of their onsite dining facilities and classroom/meeting venues as well.

18

Big Apple Abstract Corp. Lawrence M. Litwack, Esq. 

Margaret T. Ling, Esq. Senior Counsel 

Guardian Land, LLC Steadfast Title Agency 

A Division of Big Apple Abstract Corp. A Division of Big Apple Abstract Corp.   

Barry M. Wasserman Marvin Simms  Nikon Limberis Counsel Counsel Counsel

 Vincent J. Monte, LLC 

A Division of Big Apple Abstract Corp. 

 . Serving the Legal and Real Estate communities since 1980  

 

. Specializing in residential / commercial transactions and today's difficult market:   short sales and foreclosure proceedings  

 

. Focusing on our client's specific title and non-title insurance needs, as well as  preparation of detailed ACRIS recordings and other pertinent documents 

 

. Knowledgeable, experienced "In-house" staff / title closers 

Sales Representatives:  

Mitchell Applebaum Susan Lovett Ron Calcerano  Lisa Feinstein Larry "Cousin" Litwack John G. Lopresto Joanna Newman  

   Visit us at: www.bigappleabstract.com 

 42-40 Bell Boulevard, Bayside, New York 11361 

 

(718) 428-6100 (516) 222-2740 (212) 751-3225 Facsimile: (718) 428-2064 

19

20

(201) 208-0011 | www.leap.us

Contact us to receive an obligation-free demonstration today.

IN PROGRESS

Plaintiff

Matter Type

Defendant

Defendant’s Attorney

Discovery Details

Pleadings Details

Marriage Details

Divorce Details

Court

Court Details

Child

Defendant's Employer

Employment Details

Plaintiff’s Employer

Sally Penfold

Divorce Proceedings [NY]

Paul Penfold

Morrison & Sons

Date of deposition: 04/06/2018

Date filed: 10/02/2018

Date of marriage: 09/05/2003

Date of separation: 06/15/2017

Family Court

County: Queens Docket: 45781

John Penfold

Lendlease Ltd

Position: Foreman

John’s Cars

150017James Stevenson

DETAILS CORRESPONDENCE

Search correspondence

Details & Correspondence

150017 Penfold

Letter to Mrs. Sally Penfold

Letter to Morrison & Sons

Penfold -v- PenfoldLetter to Mrs. Sally Penfold

Statement of Net Worth

Penfold -v- PenfoldLetter to Mrs. Sally Penfold

Correspondence from OS Attorney

Discovery List

Letter to Family Court

Letter to Paul Penfold

Penfold -v- PenfoldAffidavit of Defendant

Jun 3, 2018

Jun 1, 2018

Jul 28, 2018

Jul 28, 2018

Jul 26, 2018

Jul 26, 2018

Jul 22, 2018

Jul 20, 2018

Jul 20, 2018

Jul 19, 2018

JS

JS

JS

JS

JS

JS

JS

JS

JS

JS

Calendar & Tasks Financial Summary Time & Fees Office Accounting Trust Funds Registers

Save &Close

NewLetter

NewEmail

Forms &Templates

ShareDocument

NewComment

More Types...

Import &Scanning

Timesheet Searching &Services

� Statement of Net Worth (LL-NY-FAM-0203)

� Power of Attorney New York Statutory Short Form (LL-NY-WST-0012)

� Commercial Lease (LL-NY-REE-0124)

LEAP Practice Management Software saves you time and makes you more money by automatically populating the forms you use regularly with client and case information.

Automatically Populated Queens County Forms