Brian Schmitt Experience
Brian C. Schmitt Hake & Schmitt 2 Locust Ln, Ste. 203 Westminster, Maryland 21157 Phone: 410-635-3337 Email: brian@jvisausa.com
LEGAL EXPERIENCE
Hake & Schmitt-Partner since June 2012.
Immigration law. General immigration practice with a concentration on J-1 hardship and persecution waivers. More particularly, I concentrate on J-1 waiver cases that involve U.S. government funding, such as the Fulbright Program. I have engaged in scholarship on “program, policy, and foreign relations” aspects of J-1 waiver cases. I have engaged in federal litigation seeking review of unfavorable decisions by the United States State Department Waiver Review Division. I also handle employment-based cases such as EB-1 and O-1 petitions.
Bruce A. Hake, P.C.-Associate from June 2010 to June 2012.
J Visa Guidebook, sole updating author of this greater than 3,500-page treatise on J-1 law.
Bender’s Immigration Bulletin, Editorial Board Member 2015-present. Bender’s Immigration Bulletin a monthly law review that is owned and published by LexisNexis. Typical issues contain one article with case digests on federal and administrative decisional law.
Lieutenant Colonel, Judge Advocate (Reservist), Judge Advocate General’s Corps, United States Army since June 2009.
Various assignments, including:
USAR Sustainment Command, Detachment 7, Assigned to U.S. Army Communications and Electronics Command (CECOM) Office of the Staff Judge Advocate, Aberdeen Proving Ground, Maryland, from November 2014-present. Perform complex administrative law duties.
151st Legal Operational Detachment, Alexandria, Virginia from 2010-October 2014.
Assistant S-1 (Personnel Officer for a Army Reserve Legal Unit). Perform complex administrative law duties such as AR 15-6 investigations and administrative separation board recorder assignments.
Office of the Judge Advocate General, Criminal Law Team, Pentagon, Arlington, Virginia from December 2011-February 2012. Focus on military justice issues (criminal law). Concentration on UCMJ art. 69(a) reviews on behalf of the Judge Advocate General of the Army.
Fort Meade, Legal Assistance Team, Fort Meade, Maryland from January 2010-December 2011.
Provide legal assistance to soldiers and their family members in areas such as: family law, landlord-tenant, consumer protection, and estate planning.
1st Legal Support Organization, San Antonio, Texas from June 2009 to January 2010.
Handling legal issues for soldiers preparing to deploy. Briefing deploying soldiers on international and operation law, contract and fiscal law, military justice, and administrative and civil law.
Joint Operational Access Exercise with the XVIII Airborne Corps, Fort Bragg, North Carolina. Served as an international and operational law attorney during a war game scenario involving the deployment of over 1,100 paratroopers.
Overseas duty tour, Hohenfels, Germany in 2011. Performed legal assistance and administrative law duties.
Texas A&M University System, College Station, Texas. Intellectual Property Manager-Patent Attorney from 2008 to 2010.
Management of patent applications and intellectual property portfolios. Management of a docket of active patent cases and outside counsel to ensure all cases are appropriately prioritized, handled within statutory time frames, and aligned with strategic direction. Agreements and licensing of intellectual property. Patent research, prosecution, and patentability opinion work.
United States District Court, Eastern District of Michigan, Detroit, Michigan January 2008-May 2008. Intern for the Honorable Arthur J. Tarnow, Senior U.S. District Judge.
Drafted Bench Memoranda, Opinions and Orders in complex federal litigation, including insurance indemnification-declaratory judgment actions, § 1983 litigation, and tax matters.
University of Detroit Mercy School of Law, Immigration Law Clinic, Law Student Assistant, 2007-2008.
Successfully litigated asylum claims before the United States Citizenship and Immigration Services Chicago Asylum Office and the Executive Office of Immigration Review Immigration Court in Detroit Michigan. Appellate advocacy before the Executive Office of Immigration Review-Board of Immigration Appeals regarding asylum, withholding of removal, and convention against torture claims.
EDUCATION
The Judge Advocate General’s Legal Center and School, Charlottesville, Virginia, Judge Advocate Officer Advance Course Graduate, December 2015.
The Judge Advocate General’s Legal Center and School, Charlottesville, Virginia, Judge Advocate Officer Basic Course Graduate, February 2010.
University of Detroit Mercy School of Law, Detroit, Michigan, J.D., May 2008. Book award for outstanding work for the Immigration Law Clinic.
Ohio State University, Columbus, Ohio, B.S., General Biology with a concentration in molecular genetics, 2002.
ADMISSIONS
● Maryland Court of Appeals (and all lower courts in the state), 2011.
● Michigan Supreme Court (and all lower courts in the state), 2009.
● Supreme Court of the United States, 2016.
● United States District Court for the District of Maryland, 2013.
● 11th Circuit Court of Appeals, 2014.
● United States District Court for the District of Columbia, 2016.
● United States Patent & Trademark Office, 2008. (Registered as a Patent Agent in 2008. Registered as Patent Attorney in 2009).
PROFESSIONAL MEMBERSHIPS
● American Immigration Lawyers Association
● American Bar Association-Military Pro Bono Project
● International Medical Graduate Taskforce
● Maryland State Bar Association
● Maryland State Bar Association Immigration Law Section
● American Immigration Lawyers Association Washington, D.C. Chapter Federal Litigation Committee
● International Medical Graduate Taskforce Litigation Committee
PROFESSIONAL COMMITTEE ASSIGNMENTS
● American Immigration Lawyers Association Military Assistance Program Task Force, 2014-present. By nomination of AILA National President Leslie Holman (2014) and nomination of AILA National President Victor Nieblas (2015).
● AILA Washington, D.C. Chapter Annual Conference Committee, 2014 and 2015. By nomination of Washington, D.C. Chapter Chairman Charles Tievsky (2014) and Chapter Chair Naima Said (2015).
● AILA Washington, D.C. Chapter Webinar Committee, 2014-2015. By nomination of Washington, D.C. Chapter Chairman Charles Tievsky.
PUBLICATIONS
Sometimes, You Just Need to Sue to Get What You Need: The Basics of Immigration Litigation, AILA Midwinter Conference, Cancun, Mexico, February 2, 2018, with Leslie K. Dellon, and Thomas Ragland.
Analysis of Competing Views on Handling Ethical Problems With The New I-864 Form, May 19, 2016 panel at Maryland State Bar Association Immigration Law Spring Conference.
Judicial Review of J-1 Waiver Denials based on Negative State Department Recommendations, with Bruce A. Hake, 17 Bender’s Immigration Bulletin 1387-1411 (July 15, 2012).
A, G, and J Visas, October 22, 2014 Panel on A, G, and J visas, AILA Washington, D.C. Chapter Annual Conference, Washington, D.C.
AAO 212(e) (J Waiver Hardship) Victory by Hake & Schmitt, Bender’s Immigration Daily, (June 13, 2014).
Federal Court Litigation Triggers I-612 Hardship Waiver Victory: Fabry v. Kerry, Bender’s Immigration Daily, (May 8, 2015).
Usage of Patents in Employment-Based Petitions, with Nathan A. Waxman, 20 Bender’s Immigration Bulletin 1033 (Sept. 15, 2015).
Ethical Problems with the New I-864 Form, with Bruce A. Hake, 20 Bender’s Immigration Bulletin 1279 (Nov. 15, 2015).
Major Problems with New USCIS Form I-612, with Bruce A. Hake, September 29, 2015 20 letter objecting to changes to the new Form I-612.
PRESENTATIONS
Sometimes, You just Have to Sue to Get What You Need: The Basics of Immigration Litigation, with Leslie K. Dellon and Thomas Ragland, AILA Midwinter Conference, Cancun, Mexico, February 2, 2018.
Advanced Family–Affidavit of Support & Other Issues of Fraud, with Edward Neufville, Maryland State Bar Association Immigration Law Spring Conference, May 19, 2016.
Physician Immigration for Experts-Session 1, with Debra A. Schneider and Elahe Najfabadi, ILW.com, November 12, 2015.
The Judge Advocate General’s Legal Center and School, 71st Legal Assistance Course, Military Immigration Law Block of Instruction, November 6, 2015.
J-1 Waiver Options and Beyond, with Jennifer Minear, AILA Washington D.C. Chapter Webinar, April 8, 2015.
J Waivers and Beyond, with Jennifer Minear and Eleanor Fitzpatrick, AILA Philadelphia Chapter Conference, March 27, 2015.
Conrad 30 & Beyond: J-1 Waiver Options, with Ken Hoogstra, Jan Pederson, and Berry Walker, Physician Immigration Law Institute, Advanced Issues for J-1 Physician Employers and Practitioners, Presented by the International Medical Graduate Task Force, November 13-14, 2014.
Physician Hardship and Persecution Waivers and Green Cards, with Jan Pederson, Robert Aronson, Jennifer Minear, and Kristen Harris, Physician Immigration for Experts, ILW.com, November 6, 2014.
DIPLOMACY: Tactics and strategies for representing A, G, and J visa holders, with Maria Glinsmann, Amy Novick, and Denyse Sabagh, AILA Washington, D.C. Chapter Conference, October 22, 2014.
Introduction to Provisional & Traditional Waivers, with Laura Kelsey Rhodes and Jonelle Ocloo, Maryland State Bar Association, May 10, 2013.
INA 212(e) Waiver Litigation, with Devin Theriot-Orr, American Immigration Lawyers Association-Federal Court Litigation Section, November 19, 2012.
Judicial Review of J-1 Waiver Denials, with Devin Theriot-Orr, International Medical Graduate Taskforce, November 9, 2012.
COMMUNITY INVOLVEMENT
- Member of National Ski Patrol (Volunteer), 1995-Present