NPZ LAW GROUP'S U.S. AND CANADIAN IMMIGRATION LAW UPDATE (MIDDLE OF JULY 2014)
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NPZ LAW GROUP'S U.S. AND CANADIAN IMMIGRATION LAW UPDATE (MIDDLE OF JULY 2014) Document Transcript

  • 1. http://archive.constantcontact.com/fs147/1011188341227/archive/1117940046288.html[7/17/2014 7:06:51 PM] Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. -  U.S. and Canadian Immigration and Nationality Newsletter and Update. In This Issue: YOUR IMMIGRATION LAWYERS, MICHAEL PHULWANI, ESQ. AND DAVID NACHMAN, ESQ. AND LUDKA ZIMOVCAK, ESQ. PROVIDE U.S. IMMIGRATION LAW UPDATES ON TV ASIA AND ITV: VLOG & USCIS NEWS UPDATES ON THE WEB. HOW FAR CAN THE PRESIDENT GO TO OVERHAUL THE U.S. IMMIGRATION SYSTEM WITHOUT THE BLESSING OF CONGRES BORDER CROSSINGS BY UNACCOMPANIED MINORS PROVIDE UNPRECEDENTED DUE PROCESS CHALLENGES FOR THE U.S HOT TOPIC: NEW PRIORITIES TO ADDRESS MIGRANTS WHO ARE CROSSING INTO THE U.S. A WAIVER PRIMER: A Dear Readers: The "dog days of summer" are upon us and it seems to clearly be the case that there is no clear sign of Congressional Support for Comprehensive Immigration Reform (CIR) in the U.S. President Obama has made overtures about using his "Administrative Powers" to implement some changes but the recent deluge of unaccompanied minors from Central America has created the "blue smoke and mirrors" that may ultimately help the radical factions of the Republican Party save face. Stay tuned since the political "tug of war" over the immigration reform issue is not yet over. It remains to be seen whether or not the present "border crisis" will be the wave that pushes the other CIR issues to the forefront. On the employment and business immigration law front, we are pleased to report that the USCIS seems to be easing-up on its formerly rigid adjudication of entrepreneur and investor visa cases. The USCIS now seems more amendable to arguments about the value that start-up organizations will be making in the U.S. Previously, it was striking that the new business cases were placed under an examiner's microscope and oftentimes denied. Of late, we have noticed that the USCIS Officers are beginning to understand the nuances of start-ups and the importance of angel financing. We are pleased to see that the CIS' "Entrepreneur-in-Residence" program is actually being implemented. For additional information about CIR or the Entrepreneur In Residence Program or any other U.S. or Canadian Immigration Law issues, please feel free to contact the immigration lawyers and attorneys at the NPZ Law Group by
  • 2. http://archive.constantcontact.com/fs147/1011188341227/archive/1117940046288.html[7/17/2014 7:06:51 PM] SHORT GUIDE TO AVOID FILING MISTAKES RELATED TO FORM I-601A. INTERNATIONAL STUDENT ROUND-UP: DHS LAUNCHES ENHANCED WEBSITE FOR SCHOOLS AND INTERNATIONAL STUDENTS. DOS ALERT: APPROVED H-1BS WITH AN OCTOBER 1ST START DATE MAY NOW FILE VISA APPLICATIONS. THE DOS VISA BULLETIN FOR AUGUST 2014! BE SURE TO CHECK IF YOUR PRIORITY DATE IS CURRENT. HOW TO NOT ABANDON AND HOW TO CONTINUE TO MAINTAIN YOUR LAWFUL PERMANENT RESIDENCE. SUPREME COURT CASE SPEAKS TO CHILDREN LEFT BEHIND (Child Status Protection Act - CSPA). YOUR IMMIGRATION LAWYERS, MICHAEL PHULWANI, ESQ.  AND DAVID NACHMAN, ESQ. AND LUDKA ZIMOVCAK, ESQ., PROVIDE U.S. IMMIGRATION LAW UPDATES ON ITV: VLOG & USCIS NEWS UPDATES ON THE WEB & ON TV.   e-mail at info@visaserve.com or by calling us at 201-670- 0006 (x107).    HOW FAR CAN THE PRESIDENT GO TO OVERHAUL THE U.S. IMMIGRATION SYSTEM WITHOUT THE BLESSING OF CONGRESS? By: Michael Phulwani, Esq., David H. Nachman, Esq., and  Rabindra K. Singh, Esq.  President Obama reiterated his commitment to immigration reform and reproached the House Republicans for their unwillingness to confront this important issue. Potentially, the combination of four factors - ressure from the immigration advocates that the President has done little on the immigration issue; Speaker John Boehner's statement that the House would not vote on immigration legislation this year; the surge of children crossing the southern border (mostly from Mexico and Central American countries of El Salvador, Guatemala, and Honduras); and strategic positioning for the upcoming midterm elections - have all led to this recent announcement.   Acknowledging the demise of his more than yearlong effort to enact compromise legislation, President Obama, in a recent speech, said that he would use his executive powers to make potentially sweeping changes to the nation's immigration system without the blessing of Congress. Political and immigration pundits have begun speculating that the actions could be as far-reaching as: (1) expanding the Parole in Place, (2) not counting family members against per country cap, or (3) giving work permits and protection from deportation to millions of immigrants now in the United States.   TO READ MORE, PLEASE CLICK HERE . . .  BORDER CROSSINGS BY UNACCOMPANIED MINORS PROVIDE UNPRECEDENTED DUE PROCESS CHALLENGES FOR THE U.S.   As the numbers of unaccompanied minors and mothers with children crossing our southern border grows, the U.S. government faces a critical test of its historic commitment to protect those fleeing violence and persecution. How the U.S. responds will signal to the world whether the U.S. commitment to due process and the protection of refugees is real or illusory, and it could have a profound effect on how other countries around the world respond to a call to deal fairly and humanely to refugee crises throughout the world.   Unfortunately, the initial response by the Obama Administration has been more focused on appeasing its critics with get-tough political messages that prioritize streamlined enforcement over due process and humane treatment. Most recently, the White House has sent a request to Congress asking, among other things, for the authority to process minor children from Central America more expeditiously, and media reports have indicated that their goal is to deport mothers with children as quickly as possible (some reports indicate a goal of 15 days) in order to send a message to the sending countries.   TO READ MORE, PLEASE CLICK HERE . . . HOT TOPIC: NEW PRIORITIES TO ADDRESS MIGRANTS WHO ARE CROSSING INTO THE U.S.   Migrants from the Southwest Border crossing into the U.S is one of the
  • 3. http://archive.constantcontact.com/fs147/1011188341227/archive/1117940046288.html[7/17/2014 7:06:51 PM] David Nachman, Esq., Ludka Zimovcak, Esq.  and Michael Phulwani, Esq., your Immigration and Nationality Lawyers, continue to bring employment and family- based immigration and nationality news and updates to your TV screen each week on iTV. Watch "YOUR IMMIGRATION LAWYERS" each week on iTV. Please contact us at  info@visaserve.com for additional U.S. immigration law information or about how to subscribe to iTV.   Comprehensive Immigration Reform update (July 2014) | Deferred Action for Childhood Arrival (DACA) Renewals.        - Comprehensive Immigration Reform Bill; Prosecutorial Discretion - DACA Program Renewals; explanation of what DACA is and how it can be affected if a Republican is elected in the next presidential election; Challenges and possible changes within the DACA Program.      =========   Renewal of DACA most critical issues presently confronting the U.S. government. On June 9th, 2014 the U.S. Department of Justice (DOJ) issued a press release announcing the new priorities that set forth that the Executive Office for Immigration Review [EOIR] should refocus its resources to prioritize cases involving migrants who have recently crossed the Southwest Border and whom DHS has placed into removal proceedings -- so that these cases are processed both quickly and fairly to enable prompt removal in appropriate cases, while ensuring the protection of asylum seekers and others. The DOJ will also redouble its efforts to work with Mexican authorities to identify and apprehend smugglers who are aiding unaccompanied children in crossing the U.S. border.   TO READ MORE, PLEASE CLICK HERE . . .  A WAIVER PRIMER: A SHORT GUIDE TO AVOID FILING MISTAKES RELATED TO FORM I-601A.    For a little over a year now, certain immediate relatives of U.S. Citizens may use the Form I-601A to request a provisional unlawful presence waiver under Immigration and Nationality Act, Section 212(a)(9)(B) and 8 CFR 212.7(e), before departing the United States to appear at a U.S. Embassy or Consulate for an immigrant visa interview. Recently the USCIS published that top five filing mistakes associated with Form I- 601A and the ways to avoid them.     TO READ ABOUT THE THE TOP FIVE MISTAKES ALONG WITH SUGGESTED SOLUTIONS, PLEASE CLICK HERE . . . INTERNATIONAL STUDENT ROUND-UP: DHS LAUNCHES ENHANCED WEBSITE FOR SCHOOLS AND INTERNATIONAL STUDENTS.    With the Fall Semester to start in only a few months at U.S Schools and Colleges, DHS launched an enhanced website called "Study in the States" that can help international students get their queries resolved easily and effectively. New features have been added that will enable the Student and Exchange Visitor Program (SEVP) to convey pertinent information to stakeholders about the international student process in a clear and interactive manner.    The new features include: (1) an interactive glossary to find definitions to the most-used terms in the international student process, (2) an "Ask a Question" section to get the answers to commonly asked questions about studying in the United States or school certification, (3) an enhanced School Search page to locate schools certified by the Student and Exchange Visitor Program (SEVP) to enroll international students across the United States in a comprehensive list or on an interactive map, by name, state, educational program or visa type.   TO READ MORE, PLEASE CLICK HERE . . .  DOS ALERT: APPROVED H-1BS WITH AN OCTOBER 1ST START DATE MAY NOW FILE VISA APPLICATIONS AT U.S. CONSULATES ABROAD.    Beneficiaries of approved H-1B petitions with an October 1st, 2014  start date may now begin filing their visa applications at U.S. consular posts. Some of these cases will result in a 221(g) notification and the case may be placed into Administrative Processing. This will not happen in most of the cases.  
  • 4. http://archive.constantcontact.com/fs147/1011188341227/archive/1117940046288.html[7/17/2014 7:06:51 PM] Application | I-751 Removal Of Conditions.         Renewal of DACA Application I-821D and I-765, Description of I-751, removal of conditions in relation to marriages and how you can keep the government from thinking you defrauded them. What is the purpose of I-751 and when to file the document, CR6 status, lifting the conditions on residency, the two year conditional residence green card.      =============   UPCOMING EVENT    NJICLE: Hiring, Retaining & Terminating Foreign Nationals - A Webinar    When: Tuesday, September 30th, 2014   Time: 12:00 PM to 1:40 PM   For detailed information about NPZ's immigration law events, please   According to 9 FAM 41.53 N8.4(b), "Posts are authorized to accept H visa petitions and issue visas to qualified applicants up to 90 days in advance of applicants' beginning of employment status. Post must inform applicants verbally and in writing that they can only use the visa to apply for admission to the United States starting ten days prior to the beginning of the approved status period. In addition, such visas must be annotated, "Not valid until (ten days prior to the petition validity date.)"   ***THIS INFORMATION IS PROVIDED COURTESY OF AILA - of which David Nachman, Esq., one of the Managing Attorneys at NPZ Law Group, is an AILA Mentor, a Former State of New Jersey AILA Chapter Chair and a present Member of the AILA National Business Immigration Committee. THE DOS VISA BULLETIN FOR AUGUST 2014! BE SURE TO CHECK IF YOUR PRIORITY DATE IS CURRENT.   "The China-mainland born Employment Third and Third Other Workers cut-off dates have advanced for the month of August, and could do so again for September. There are two reasons for this advance after the retrogression of the cut-off date earlier this summer: 1) The heavy demand by applicants with priority dates significantly (years) earlier than the previous cut-off date has declined during the past two months, and 2) declining number use in the Family preferences during May and June, combined with updated estimates of such number use through the end of the fiscal year, has resulted in availability of several hundred numbers for use in the China-mainland born Employment Third preference.   During the past two months, the India Employment Second preference cut-off date has advanced very rapidly based on the projected availability of "otherwise unused" numbers under the worldwide preference limit. It must not be assumed that this cut-off date will continue to advance at the same pace during the coming months. A cut-off date does not mean that everyone with a priority date before such cut-off date has already been processed to conclusion. It remains to be seen how heavy the demand for visa numbers by applicants will be in the coming months, and what the priority dates of such applicants may be. Heavy demand by applicants with priority dates significantly earlier than the established cut-off date is expected to materialize within the next several months, at which time the cut-off date is likely to retrogress significantly."   FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .  "IMMIGRATION NEWS AND VIEWS" - NPZ'S NEW PRACTICAL SERIES ON YOUTUBE ABOUT VARIOUS U.S. AND CANADIAN IMMIGRATION LAW ISSUES. HOW TO NOT ABANDON AND HOW TO CONTINUE TO MAINTAIN YOUR LAWFUL PERMANENT RESIDENCE STATUS IN THE U.S.
  • 5. http://archive.constantcontact.com/fs147/1011188341227/archive/1117940046288.html[7/17/2014 7:06:51 PM] click here . . . *******   Quick Links SEARCH OUR SITE    THIS MONTH'S VISA BULLETIN    THE VISASERVE BLOG     ENTERTAINMENT IMMIGRATION    UPCOMING EVENTS    CIS CASE STATUS    CIS PROCESSING TIMES    DOL PROCESSING TIMES    SCHEDULE AN INFOPASS APPOINTMENT    CBP BORDER WAIT TIMES    BORDER WAIT TIMES You may lose your permanent resident status (green card) if you commit an act that makes you removable from the United States under the law, as described in Section 237 or 212 of the Immigration and Nationality Act (INA). If you commit such an act, you may be brought before an immigration court to determine your right to remain a permanent resident. Abandoning Permanent Resident Status - You may be found to have abandoned your permanent resident status if you: Move to another country intending to live there permanently; Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year Remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned any length of absence from the United States may be considered, even if less than 1 year; Fail to file income tax returns while living outside of the United States for any period Declare yourself a "nonimmigrant" on your tax returns. SUPREME COURT CASE SPEAKS TO CHILDREN LEFT BEHIND (Child Status Protection Act - CSPA). INA § 203(h)(3) provides alternate benefits - specifically, retention of the original priority date and automatic conversion of the petition - for beneficiaries who are found to have "aged out" under the age
  • 6. http://archive.constantcontact.com/fs147/1011188341227/archive/1117940046288.html[7/17/2014 7:06:51 PM] - - - - - - - - - - - - :: 201-670-0006 (X100) :: info@visaserve.com :: www.visaserve.com preservation formula of the CSPA. In amicus curiae briefs filed first in cases within the Third, Fifth and Ninth Circuits, and subsequently before the U.S. Supreme Court, the American Immigration Council argues that INA § 203(h)(3) must be interpreted to allow a derivative beneficiary of any family-based, employment-based, or diversity visa petition to retain the priority date of that petition when he or she is found to have "aged-out" under the CSPA's age-preservation formula. We and our colleague organizations argue that the BIA, in Matter of Wang, 25 I&N Dec. 28 (BIA 2009), was mistaken in limiting INA § 203(h)(3) to only beneficiaries of family second preference visa petitions. On June 9, 2014, a divided Supreme Court upheld Matter of Wang. De Osorio v. Mayorkas, No. 12-930 (S.Ct. amicus brief filed Nov.4, 2013). The Supreme Court accepted certiorari on June 24, 2013 in response to the government's petition (Mayorkas v. De Osorio, No. 12-930) from a favorable en banc decision of the Ninth Circuit Court of Appeals. 677 F.3d 921 (9th Cir. 2012) (amicus briefs filed October 24, 2011 and May 11, 2012). On June 9, 2014, a plurality of five Justices of the Supreme Court agreed that § 203(h)(3) was ambiguous and that the Board's interpretation of it in Matter of Wang was reasonable. Thus, the Court upheld this interpretation. Four Justices dissented and would have found that the statute should be interpreted as amici and the plaintiffs argued.