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Nachman, Phulwani, Zimovcak Law Group, P.C. - Immigration and Nationality Newsletter

In This Issues
OUR IMMIGRATION LAWYERS, MICHAEL PHULWANI, ESQ. AND DAVID NACHMAN, ESQ. PROVIDE FAMILY AND EMPLOYMENT IMMIGRATION LAW UPDATES ON TV ASIA & ITV: VLOG & USCIS NEWS UPDATES ON THE WEB & ON TV.
VISA FEE INCREASE EFFECTIVE FEBRUARY 1ST 2013.
WHAT PRESIDENT OBAMA SAYS ABOUT COMPREHENSIVE IMMIGRATION REFORM.
WHAT IS PRESIDENT OBAMA LIKELY TO DO WITH THE U.S. IMMIGRATION LAW DURING HIS SECOND TERM.
USCIS IMMIGRANT FEE EFFECTIVE FROM FEBRUARY 1ST 2013.
BIPARTISAN FRAMEWORK FOR COMPREHENSIVE IMMIGRATION REFORM.
VISA BULLETIN FOR FEBRUARY 2013.
PROVISIONAL UNLAWFUL PRESENCE WAIVER, PART I.
NO CHILD LEFT BEHIND.
THE H-1B SEASON IS UPON US ... AGAIN.

YOUR IMMIGRATION LAWYERS, MICHAEL PHULWANI, ESQ.  AND DAVID NACHMAN, ESQ., PROVIDE U.S. IMMIGRATION LAW UPDATES ON TV ASIA & ITV: VLOG & USCIS NEWS UPDATES ON THE WEB & ON TV. 




David Nachman, 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 TV Asia and iTV. Watch "YOUR IMMIGRATION LAWYERS" each week on iTV and TV Asia. Please contact us at  info@visaserve.com for additional U.S. immigration law information or about how to subscribe to iTV or TV Asia. 

Cut-off dates and Priority Dates reported by the U.S. Department of State in the Visa Bulletin for month of January 2013 (Visa Bulletin January 2013).  
Cut-off dates for month of January 2013 (visa bulletin January 2013) 
Increase in the fee for immigrant visas to be effective February 1st 2013, additional fee to be paid for visa processing, H-4 Visa possibilities for work in the U.S. reported, Customs & Border Protection, H-1B Entrepreneur-in-Residence Program at the CIS. 
 

Green Card Holders, SB-1 process, how to avoid revocation or losing the green card. Things you can do to maintain the green card in the U.S., surrendering the green card and getting a B visa, suggestions like paying U.S. taxes, receiving mail, maintaining property, employment, ties to social, religious, political organizations. 


IMFA: The History of the Immigration Marriage Fraud Act, how to apply for a marriage visa in the U.S. Waiver of Conditional Permanent Residence Status, Form I-751, Lifting Conditional Residence Status in a timely manner. Waivers for lifting the conditional residence status, extreme hardship waivers, proving the bona fides of the marriage.

 
 
* * * *
 
UPCOMING EVENT
 
Employing International Students: Immigration Issues Made Easy
 
When: Wednesday, March 6th, 2013
 
Time: 11:00 a.m. to 12:15 p.m.
 
Where: New Jersey Institute of Technology, Campus Center, 2nd Floor, Room 240 
 
 
 Workshop Details:
 
- Business Immigration Classification (H-1B, O-1, E, J-1)
 
- Working with the International Students Officer at NJIT
 
- Work Options for F-1 International Students
 
- STEM OPT Extensions and Temporary Work Permits
 
- Overview of Employment Verification Procedures
 
- I-9 Completion and Recent Updates
 
- Social Security Mismatch Issues, CIS' E-Verify Program, ICE's

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:: 201-670-0006 (x100)

:: info@visaserve.com

:: www.visaserve.com
Dear Readers: 

 

The exciting news of the week (or perhaps the last 10 years) is that the President made an announcement about his plan (the "Plan") for Comprehensive Immigration Reform (CIR). We are pleased to be able to bring our loyal readers updates about new developments about this Plan as soon as the information becomes available.  

 

Additional recent news is that the USCIS held a stakeholder's teleconference and reviewed its recent accomplishments. The following were some the issues covered at the meeting:

(1) The new I-601A Provisional Unlawful Presence Waiver policy and regulations. As many of our readers are already aware, on January 4th, 2013, the USCIS promulgated a final rule for provisional unlawful presence waivers for certain immediate relatives of U.S. citizens. USCIS hopes to broaden the eligible group from U.S. citizens to Legal Permanent Residents. We remain cautiously optimistic since the new rules are all about the important immigration policy of "family unity".

(2) The USCIS is implementing a Policy Manual to replace the Operating Instructions. As many of our loyal readers are already aware, the USCIS recently launched the implementation of an electronic Policy Manual resource. The goal of this process is to centralize all polices, relevant legislative intent, and precedent cases into one uniform repository.

(3) The Deferred Action and Childhood Arrival Application (DACA) Process marches on. The USCIS Director announced that DACA applications have surpassed the 400,000 mark. Now that the election results are in, applicants may feel a bit more comfortable.

(4) Focus is placed on Precedential Cases by the Director. USCIS Director Mayorkas made reference to the "precedential imprint" of certain cases and continues to stress creating precedent cases for reliability in the interpretation process.

(5) Continued Strength for the EB-5 Program Office. Acknowledging the importance to the U.S. of foreign entrepreneurs, USCIS is continuing to aspire to fully launch an EB-5 Program Office in the next several months. The EB-5 Program continues to be the cornerstone of the "entrepreneur-in-residence" (EIR) program. It is our hope that "leadership" will lead to clearer guidelines for the EIR Program in the E, H and L nonimmigrant visa classifications as well as in the PERM and other green card categories.

(6) Thumb's-up Given for USCIS Customer Service. Since taking the helm, Director Mayorkas has continued to focus on the importance of improving communication with the public, transparency of USCIS policies and improvement of customer services. One way this has happened has been the implementation of the Electronic Immigration System (ELIS) and the Policy Manual. A recent announcement that iCert will provide information about Prevailing Wages and PERM cases for public review encourages us that other administrative organizations are following the lead of the USCIS.

For more information about any of the foregoing, or about recent U.S. and/or Canadian immigration law issues, please feel free to contact us at info@visaserve.com or by calling the NPZ Law Group Team at 201-670-0006 (x100).

PRESS RELEASE FROM INDIA: INDIANS TO BENEFIT FROM OBAMA'S COMPREHENSIVE IMMIGRATION POLICY.

- By Sangeeta Sharma - New Delhi
 
The Obama Administration is all set to fix America's broken immigration system as an understanding has been reached between the Republicans and Democrats to bring about the long over-due Comprehensive Immigration Reforms (CIR) policy into practice to benefit millions of undocumented or illegal migrants in the US.

Stating this, Michael Phulwani and David Nachman, the US Lawyers of NPZ Law Group who are here on an official visit in India, said 'the time has come for President Barack Obama to honour his promises made to his voters including Latinos and Indians who helped him get a second term.' The whole US system is based on the immigration policies and 'this year we are expecting huge changes which will try to fix the broken immigration system,' Mr. Phulwani, who is practicing US Immigration and Nationality Law for the last 35 years, said.

THE TIME IS NOW: WHAT PRESIDENT OBAMA SAYS ABOUT COMPREHENSIVE IMMIGRATION REFORM?

 

On January 30th 2013, President Obama called for common sense, comprehensive immigration reform, saying unequivocally that now is the time for action. He noted that most Americans agree that it is time to "fix the system that has been broken for way too long" and that immigration reform will strengthen our economy and our nation's future.

We applaud the President's commitment to key principles at the heart of meaningful immigration reform, starting with an earned path to legal status that eventually could be converted to citizenship for the 11 million undocumented in our communities, and including some key benefits aspects contributing to growth of our nation.


LOOKING INTO THE CRYSTAL BALL: WHAT IS PRESIDENT OBAMA LIKELY TO DO WITH THE U.S. IMMIGRATION LAW DURING HIS SECOND TERM 
 
If you are contemplating applying for an U.S. visa in the near future and you are full of anxiety because of the legislative and administrative changes that will be taking effect during PRESIDENT OBAMA'S next 4 years then you may want to stay tuned for some interesting information.

Based upon what is going on, it seems that 2013 may be the year that the U.S. makes great strides with regard to Comprehensive Immigration Reform (CIR). The prospects for a major overhaul are the best they have been in years.
 
It seems like the U.S. Senate is likely to pass a broad immigration package backed by Democrats (and some moderate Republicans). We would not be surprised if a U.S. immigration bill is signed by President Obama in the fall with support from the House Speaker, John Boehner (R-OH). Why is this likely?

Political tides have been turning since 2007, when a coalition of conservatives and organized labor worked to "deep-six" President George W. Bush's initiatives to allow illegal immigrants to live  and work in the U.S.

USCIS IMMIGRANT FEE EFFECTIVE FROM FEBRUARY 1ST 2013 

 

As we all know, USCIS has implemented a new immigrant fee effective from February 1st 2013. Any applicant who on or after February 1st, 2013 receives an immigrant package from a U.S consulate or embassy abroad must have to pay USCIS Immigrant fee. Not paying the immigrant fee will lead to a delay in receiving the green card from the USCIS.
 
BIPARTISAN FRAMEWORK FOR COMPREHENSIVE IMMIGRATION REFORM [CIR]
 
Nowadays CIR is the main topic echoing in the world of immigration. On January 28th 2013, a bipartisan group of 8 Senators published their views in fixing the country broken immigration system. They set-up the four basic legislative pillars that can help the 11 million undocumented people residing in the U.S. to breathe the fresh-air of U.S. with no fear deportation.
 
 
***THIS INFORMATION IS PROVIDED COURTESY OF AILA - of which David Nachman, Esq. is the state of New Jersey Chapter Chair and Member of the AILA Board of Governors. 
VISA BULLETIN FOR FEBRUARY 2013

 

The February 2013 Visa Bulletin summarizes the availability of immigrant numbers during February. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; U.S. Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible, in chronological order of reported priority dates, for demand received by January 8th.

 

CLICK HERE TO SEE THE HOTLINE RECORDING/ VISA PREFERENCE NUMBERS FOR FEBRUARY 2013 . . .  

 

FOR DETAILED INFORMATION, PLEASE CLICK HERE. . . 

THE NEW PROVISIONAL UNLAWFUL PRESENCE WAIVER, PART I
.  

 

The Secretary of the Department of Homeland Security (DHS) has created a new process that will allow certain spouses, children, and parents of a U.S. citizen (immediate relatives) to apply for a provisional unlawful presence waiver while they are still in the United States and before departing for their immigrant visa interviews abroad.
 
THE CHILD STATUS PROTECTION ACT: NO CHILD LEFT BEHIND.
 
There have been many cases where the parents obtained the immigrant visa, but the children aged out (became over 21), and therefore, the immigrant visa was denied to them.

Some children were lucky and got the immigrant visa with their parents, even after they aged-out, for the reason that they qualified under the Child Status Protection Act (CSPA).
 
H-1B IN A GOOD ECONOMY MAY RESULT IN A LOTTERY: THE H-1B SEASON IS UPON US AGAIN.

 

The 2013 H-1B Season is Upon Us . . . Will This Year's Economy Bring a Lottery? At this juncture, it does not seem likely.

However, as the statistics from last year show, planning in advance of April 1st for the H-1B is the key to being able to continue your authorized work status in the U.S.

It is likely that it need not be said but . . . it is always best to seek competent immigration legal counsel to be able to find a way to legally remain in authorized work status in the U.S.