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

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

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.

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

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.

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.

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.

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.

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

- - - - - - - - - - - -
:: 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.

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

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