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U.S. & CANADIAN IMMIGRATION LAW UPDATE: CSPA, Renewal of DACA, CIR, NAFTA, TN Applications at the POE.

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In Scialabba v. Cuellar de Osorio, a heavily-divided U.S. Supreme Court ruled against thousands of aspiring young immigrants who were included on their parents' visa petitions as minors, but who turned 21-known as "aging-out" before visas became available. Aging-out is tantamount to someone losing his place in the visa line with his parents. In the case, the majority ruled despite having waited his turn in line, the mere fact that the child aged-out means that his time was lost and the case could not be converted into a more appropriate visa category.

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U.S. & CANADIAN IMMIGRATION LAW UPDATE: CSPA, Renewal of DACA, CIR, NAFTA, TN Applications at the POE.

  1. 1. http://archive.constantcontact.com/fs147/1011188341227/archive/1117653321350.html[6/16/2014 2:43:59 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. "DEFINING PARTNERSHIP OF 21ST CENTURY": E VISA POSSIBILITY FOR INDIAN CITIZENS? SOME H-4 VISA HOLDERS MAY BE ABLE TO WORK SOON AND SOME OTHER U.S....IMMIGRATION REGULATORY AND REFORM UPDATES. THE LONG AWAITED DACA RENEWAL PROCESS IS RELEASED BY THE USCIS - SEE THE NEW FORM. PASSPORT CONTROL Dear Readers: In  Scialabba v. Cuellar de Osorio, a heavily-divided U.S. Supreme Court ruled against thousands of aspiring young immigrants who were included on their parents' visa petitions as minors, but who turned 21-known as "aging-out" before visas became available. Aging-out is tantamount to someone losing his place in the visa line with his parents. In the case, the majority ruled despite having waited his turn in line, the mere fact that the child aged-out means that his time was lost and the case could not be converted into a more appropriate visa category.    Under the Supreme Court's decision, these young adults now will likely be separated from family members for years-and in many cases, decades-to come. The Court's decision rejects a common-sense approach to the Child Status Protection Act (CSPA). The irony is that the advice of a bipartisan group of present and former members of Congress, who explained in an amicus curiae brief exactly how the law was intended to reunite families, was not followed. The nine justices issued four opinions in the case. All agreed that the CSPA compensates an aged-out child by automatically converting a parent's original visa petition to the appropriate category and by allowing an individual retain the "priority date" of the original visa petition. This benefit means that the aged-out child can be credited with the time already spent waiting for a visa with family when entering the line for the new visa. This prevents them from having to begin again at the back of the new visa line.   The sole question before the Court was to whom these CSPA benefits applied. Were all aged-out children entitled to the
  2. 2. http://archive.constantcontact.com/fs147/1011188341227/archive/1117653321350.html[6/16/2014 2:43:59 PM] UPDATE: CBP AUTOMATED PASSPORT CONTROL INFORMATION AND FAQ's. PLEASE BE SURE TO CHECK YOUR PRIORITY DATE: THE VISA BULLETIN FOR JULY 2014 IS OUT! NEW CHANGES IN HIRING INTERNATIONAL STUDENTS. NAFTA APPLICATIONS AT THE BORDER. WHAT CAN I BRING INTO CANADA WITH ME? IMMIGRATION NEWS AND VIEWS: WHY IS PRESIDENT OBAMA NOT PUSHING THE COMPREHENSIVE IMMIGRATION REFORM (CIR)? PRIME MINISTER OF INDIA, NARENDRA MODI'S, VISA DENIAL. 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.   David Nachman, Esq., Ludka Zimovcak, Esq.  and Michael Phulwani, Esq., your Immigration benefits, no matter what the original visa category, or just children who originally fell within one visa category-the children of lawful permanent residents? On the question before the Court there was little agreement. In particular, the justices were concerned with the concept of "automatic conversion." How could one type of  petition filed by a parent's relative-on which the child was originally included- automatically convert to one that was filed directly on behalf of the aged-out child? Justice Alito's answer, in his dissenting opinion, offers a sound solution . . . if there is an appropriate category to which the petition can convert, it should be converted; if not, there will not be a conversion.   More importantly, he notes that with respect to the families in the case, by the time the parents had all become permanent residents and filed new petitions for their aged-out children, an appropriate category existed: that for adult children of lawful permanent residents. Because the aged-out children now fell within this visa category, Justice Alito would have held that they were entitled to the CSPA benefit.   Of course, this Court decision means that the President will have the even harder decision of whether or not to take some form of administrative action. For additional information about the CSPA or Aging-Out or about what to do to advance cases of those whose cases are taking a long time, please feel free to contact the immigration and nationality lawyers and attorneys at the NPZ Law Group at info@visaserve.com or by calling them at 201-670-0006 (x107).  "DEFINING PARTNERSHIP OF 21ST CENTURY": E VISA POSSIBILITY FOR INDIAN CITIZENS? On June 5th, 2014, it was announced that India's new Prime Minister, Narendra Modi, will have a bilateral meeting with the U.S. President Barack Obama in the last week of September this year. Among other things, it is a great opportunity for both leaders to discuss the long pending Bilateral Investment Treaty (BIT) between both the countries.   While investment treaty between India and the U.S. would provide important protections to U.S. investors in India, it will also certainly provide a great opportunity to the Indian businessmen to invest and establish businesses in the United States using E nonimmigrant visa. Both Washington and New Delhi want to embrace the idea of BIT but so far they have not been able to reach a common ground and gather political support.   TO READ MORE, PLEASE CLICK HERE . . . SOME H-4 VISA HOLDERS MAY BE ABLE TO WORK SOON AND SOME OTHER U.S. IMMIGRATION REGULATORY AND REFORM UPDATES.      First, as many of our readers already know, a long-pending regulation has finally made it to the Federal Register. Soon, certain H-4 spouses will be able to work in the U.S. Other regulations have been published in the Federal Register to conform certain highly-technical legal
  3. 3. http://archive.constantcontact.com/fs147/1011188341227/archive/1117653321350.html[6/16/2014 2:43:59 PM] 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.   Ombudsman | How to effectively process your L-1B and H-1B | Request for Evidence (RFE). Dealing with CIS Templates. What is L-1B "specialized knowledge"?        -  How to effectively process your L-1B and H-1B. Specialized knowledge.  - Definition on an RFE  - Communicating with the Ombudsman, when it is helpful to get a lawyer to help you through this process. Getting help from a Congressman, Lawyer or AILA Liaison.     Deportations and Removals | Obama nuances to "reality".     Additionally, we are pleased about the liberalization of the rules of evidence for EB-1(2), Outstanding Researcher and Professor cases. Also, in an attempt to conform an obsolete and highly-technical rule to reality, H-1B1 and E-3 extension filings will be afforded an additional 240 days of work authorization while the extension applications are pending with the USCIS.     Also, there was a new policy promulgated with regard to the submission of medical reports to the USCIS. Medical reports from the Civil Surgeon will be valid for one year from being signed and for one year after submission.   TO READ MORE, PLEASE CLICK HERE . . .  THE LONG AWAITED DACA RENEWAL PROCESS IS RELEASED BY THE USCIS - SEE THE NEW FORM.        "Secretary of Homeland Security Jeh Johnson today announced the process for individuals to renew enrollment in the Deferred Action for Childhood Arrivals (DACA) program. U.S. Citizenship and Immigration Services (USCIS) has submitted to the Federal Register an updated form to allow individuals previously enrolled in DACA, to renew their deferral for a period of two years.     At the direction of the Secretary, effective immediately, USCIS will begin accepting renewal requests. USCIS will also continue to accept requests for DACA from individuals who have not previously sought to access the program. As of April 2014, more than 560,000 individuals have received DACA.   FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .  PASSPORT CONTROL UPDATE: CBP AUTOMATED PASSPORT CONTROL INFORMATION AND FAQ's.      Earlier this month, CBP released information on automated passport control at U.S borders. Automated Passport Control (APC) is a U.S. Customs and Border Protection (CBP) program that expedites the entry process for U.S., Canadian and eligible Visa Waiver Program international travelers by providing an automated process through CBP's Primary Inspection area using self-service kiosks to submit declaration forms and biographic information.   FOR DETAILED INFORMATION ON THE APC PROCESS AND LOCATIONS OF APC KIOSKS, PLEASE CLICK HERE . . .  PLEASE BE SURE TO CHECK YOUR PRIORITY DATE: THE VISA BULLETIN FOR JULY 2014 IS OUT!  The Department of State has released its July 2014 Visa Bulletin. The Philippines EB-3 jumped again. It is now into 2009, which is a two year jump in the last two months.     Good news for India EB-2. India EB-2 also moved forward. It progressed four years to September 2008. However, the wait-times are still significant and we continue to monitor CIR as an alternative here. Consider whether you or your spouse has a good EB-1 case. As we handle many EB-1 cases, please feel free to contact us for a quick
  4. 4. http://archive.constantcontact.com/fs147/1011188341227/archive/1117653321350.html[6/16/2014 2:43:59 PM] has deported about 2 million people.        Deportations: President Obama asked Jeh Johnson to review Removal - Deportation policy to make it a more humane process; Obama, commonly called the "Deporter in Chief", has deported about two million people.    =============   UPCOMING EVENTS    NJICLE: U.S. Immigration Law Basics.   When: Thursday, June 26, 2014   Time:  9:00 AM to 4:30 PM    Where: NJ Law Center One Constitution Square New Brunswick, NJ   * * * * * * *   NJICLE: Hiring, Retaining & Terminating Foreign Nationals - A Webinar    When: Tuesday, September 30th, 2014   Time: 12:00 PM to 1:40 PM   For detailed evaluation.     The Chinese EB-3 number remains at October 2006. Other EB-3s did not advance or retrogress. It remains at April 2011. It is not likely to progress until October, the beginning of the fiscal year.    FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .  CANADIAN IMMIGRATION LAW UPDATES: NPZ NEWS FROM NORTH OF BORDER. NEW CHANGES IN HIRING INTERNATIONAL STUDENTS.   Effective immediately,  the Department is ending the Recruitment and Advertisement Exemption  for employers wishing to hire international students who have graduated from recognized Canadian post- secondary institutions and whose Post-Graduate Work Permit (PGWP) is expiring. Employers submitting a labour market opinion (LMO) to hire an individual transitioning from the PGWP must now ensure that they meet all of the Program requirements for the applicable stream:   TO READ MORE ON "REQUIREMENTS OF HIGHER AND LOWER SKILLED OCCUPATION", PLEASE CLICK HERE . . .  NAFTA APPLICATIONS AT THE BORDER: An Article by Ms. Arifa Serter, a Legal Intern at the Nachman Phulwani Zimovcak (NPZ) Law Group in the CLG Division.   The North American Free Trade Agreement, otherwise known as "NAFTA," is a treaty which allows Americans, Canadians, and Mexicans to work temporarily in one of these three countries for certain jobs or occupations listed under NAFTA. Going into the U.S.A., a person applies to secure what is called a "TN visa."  The equivalent visa on the Canadian side is more commonly referred to as a "Work Permit under NAFTA."   A foreign national can easily apply for the TN Visa, under NAFTA, at any Point of Entry (i.e. Airport or Land Border). Nonetheless, sufficient time and energy is required for a successful NAFTA application. As a Canadian citizen who came to work for a law firm in the U.S.A., I have personal experience with the preparation and obtaining of a TN visa.      Furthermore, as part of my internship at CLG, I have also assisted in the preparation of these work permit applications.  I know first-hand the importance of completing the NAFTA application package with great care and detail.   TO READ MORE ON "PERSONAL EXPERIENCE OF NAFTA APPLICATION AND TIPS TO APPLY", PLEASE CLICK HERE . . . WHAT CAN I BRING INTO CANADA WITH ME?  For our clients who have successfully secured a work permit, or permanent residence, for Canada, the next question often is: "What can I bring with me when I go?" Here are some useful tips to facilitate your entry to Canada.
  5. 5. http://archive.constantcontact.com/fs147/1011188341227/archive/1117653321350.html[6/16/2014 2:43:59 PM] information about NPZ's immigration law events, please 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 TO READ MORE, PLEASE CLICK HERE . . . "IMMIGRATION NEWS AND VIEWS" - NPZ'S NEW PRACTICAL SERIES ON YOUTUBE ABOUT VARIOUS U.S. AND CANADIAN IMMIGRATION LAW ISSUES. WHY IS PRESIDENT OBAMA NOT PUSHING THE COMPREHENSIVE IMMIGRATION REFORM (CIR)? While it's a top priority for the president's first term, White House spokesman Nick Shapiro says "the president has consistently said that he wants to start the discussion later this year because our immigration system is broken ... but the economy comes first." The White House insisted that Thursday's New York Times story reporting that President Obama would start addressing immigration "isn't news." Administration officials say the president previously told members of the Congressional Hispanic Caucus and the Hispanic Chamber of Commerce that he's always planned to start discussions on immigration reform this year. "There are a lot of things on his plate and a lot of pressing issues relating to the economy. I don't think he expects that it will be done this year," White House press secretary Robert Gibbs said Thursday. NEW ECONOMIC OPPORTUNITIES FOR INDIA: PRIME MINISTER OF INDIA NARENDRA MODI VISA DENIAL .
  6. 6. http://archive.constantcontact.com/fs147/1011188341227/archive/1117653321350.html[6/16/2014 2:43:59 PM] - - - - - - - - - - - - :: 201-670-0006 (X100) :: info@visaserve.com :: www.visaserve.com Both Washington and New Delhi want to embrace the idea of BIT but so far they have not been able to reach a common ground and gather political support. The enthusiasm of the United States in entering a BIT with India can be sensed through a letter sent by the members Senate India Caucus, U.S. Senate, urging the President Barack Obama to expedite the ongoing discussions about the treaty between the U.S. and India. The letter, in pertinent part, states that: "Many countries have already recognized and acted upon the incredible economic opportunities India presents. India has completed investment agreements with 80 countries including all major European nations, ASEAN, Japan and South Korea. In order to overcome the competitive disadvantage already facing American companies in the Indian marketplace, it is imperative that the United States move forward quickly to negotiate and conclude this treaty..."

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