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Nachman, Phulwani, Zimovcak (NPZ) Law Group, P.C. - U.S. and Canadian Immigration and Nationality Newsletter and Update.

5/16/2014
In This Issue:
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.
ARTICLE CONTINUATION: BORDER, ECONOMIC OPPORTUNITY AND IMMIGRATION MODERNIZATION ACT OF 2013 (This will become law only if it is passed by Congress) (PART III).
INTERVIEWS WAIVER UPDATE: WAIVER OF ADJUSTMENT INTERVIEWS FOR CERTAIN FAMILY-BASED PETITIONS.
EXPANDING ENTREPRENEURS IN THE U.S.: ENTREPRENEURS IN RESIDENCE EXPANSION - A NEW USCIS INITIATIVE GAINS FAVOR.
SPRING HAS SPRUNG: CUSTOMS AND BORDER PROTECTION REMINDS TRAVELERS.
IF YOU ARE NOT IN IT . . . YOU CANNOT WIN IT: THE DIVERSITY VISA LOTTERY - THE 2014 RESULTS ARE OUT!
UPDATE FROM DOS: THE NEW JUNE PRIORITY DATES - VISA BULLETIN FOR JUNE 2013.
UPDATE FROM CANADA: CANADIAN GOVERNMENT TO REOPEN NEW PARENT & GRANDPARENT PROGRAM ON JANUARY 2nd, 2014.
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. 

In recent videos, Nachman Phulwani Zimovcak (NPZ) Law Group discuss Comprehensive Immigration Reform (CIR), RPI status, W visa, Dream Act, Registered Provisional Immigrants, Senate Judiciary Committee Mark-up, Blue Card, Agjobs, E-Verify, the new I-9 Form, Consular Processing in India, Administrative Processing c, Entrepreneur Visas, PERM and H-1B cap alternative issues. 

 

  

Comprehensive Immigration Reform, Waivers, W visa, Dream Act, Blue Card, Agjobs, E-Verify, RPI status, E-Verify, Immigration Court Reforms, Due Process, Immigration and Crimes, new I-9 Form, Consular Processing in India, Administrative Processing, Entrepreneur in Residence Program Visas, PERM and H-1B cap alternative issues. 

 

 
Comprehensive Immigration Reform, RPI status, E-Verify, new I-9 Form, FB-4, W visa, Dream Act, Physical presence, casual departure, Blue Card, Agjobs, E-Verify, Visa Bulletin, June, Priority Dates Advancing, Consular Processing in India, Administrative Processing cases, Entrepreneur Visas, PERM and H-1B cap alternative issues.
 
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UPCOMING EVENTS
 
GOPIO - CT in Partnership with NPZ Law Group presents - U.S. Immigration Seminar on June 9th, 2013 in Stamford, CT.  
 
U.S. Immigration Law Update - 2013 
 

When:

June 9th, 2013

  

Where:

Stamford Hampton Inn and Suites

26 Mill River Street, Stamford, CT 06902

 

Time:

12:30 PM  
(Lunch at 12:30 p.m. and Seminar at 1:30 p.m.) 
 
******
 
 NEW JERSEY INSTITUTE FOR CONTINUING EDUCATION (NJICLE): Immigration Basics and Updates Program.
 

When:

June 17th, 2013

  

Where:

The Law Center  

One Constitution Square

New Brunswick, New Jersey

  

Time:

9:00 AM to 4:30 PM 

  


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:: 201-670-0006

:: 
Dear Readers:

The Senate Judiciary Committee (the "Committee") continues mark-up of S. 744, the Border Security, Economic Opportunity, and Immigration Modernization Act. The Committee has completed mark-up of Title One and still has a bit of work to do on Title Four. Then the Committee will review and debate amendments related to Title Three, which addresses "interior enforcement" programs. Title Three addresses compliance programs like E-Verify and it also deals with reforms to the Immigration Court System and Detention.

 

Lying at the heart of the proposed reforms to the Immigration Court Process is the desire to provide a fair process for those facing removal from the U.S. The defects in the present system become all the more poignant given the increasing criminalization of immigration enforcement. Since IMMACT '90, Congress has expanded the types of offenses that can render an individual removable. Congress expanded the categories for mandatory detention without an opportunity for a judge to weigh the equities of a particular case. It is quite troubling that even a minor offense can result in an individual being detained or removed with little or no chance of being able to return to the U.S.

The Immigration Court System requires fine-tuning. It requires the implementation of procedural safeguards - especially "due process". Immigrants facing removal presently do not have a right to appointed counsel or a right to a speedy trial. If a removal order is issued, those subject to an order oftentimes cannot even challenge the removal order in Court. There are potentially severe consequences of removal. For example, persons removed can be separated from family members in the U.S. They may also be removed to a Country where he/she may be persecuted.

 

The reforms that have been proposed to the Immigration Court System in Title Four of S.744 are likely to bring about a much fairer judicial process. It is our hope that, when the Committee takes-up these issues, members will keep in-mind that they have an opportunity to show the world the true "fabric" of American Justice.  

 

America is not just a nation of "immigrants", It is also a nation of "Justice and Fairness". For more information about Comprehensive Immigration Reform (S.744), please feel free to e-mail us at info@visaserve.com or you can always feel free to call us at 201-670-0006 (x107).

ARTICLE CONTINUATION: BORDER, ECONOMIC OPPORTUNITY AND IMMIGRATION MODERNIZATION ACT OF 2013 (This will become law only if it is passed by Congress) (PART III).

 

This is Part III if the series of Articles about the proposed Comprehensive Immigration Reform Bill which is now, commonly referred to as the "Border, Economic Opportunity and Immigration Modernization Act of 2013."

 

The Bill was introduced in the Congress after the Gang of Eight, a Bipartisan group of Senators, agreed on various provisions of the Bill. The Bill is now pending before the Senate Judiciary Committee for consideration and mark-up.

 

In Parts I & II of the this article, we discussed Legalization of undocumented aliens who entered the U.S. before December 30th, 2011 and the provisions relating to Family and Employment-based immigrants eliminating the backlogs, elimination of the forth preference category for brothers and sisters of US Citizens, elimination of the Diversity Lottery program, and various other provisions of the proposed new law. In this part of the article, we continue to provide information about the provisions relating to Temporary Visas. 

 

FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .

 

To Read the Border, Economic Opportunity and Immigration Modernization Act of 2013 - Part - I, Click Here . . .    

 

To Read the previous article, Border, Economic Opportunity and Immigration Modernization Act of 2013 - Part-II, Please click here.

 

For more information about the proposed Comprehensive Immigration Reform Bill, please e-mail us at info@visaserve.com or contact the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C.  by phone at 201-670-0006 (x100). Please feel free to visit our CIR page at www.visaserve.com for up-to-date information about Comprehensive Immigration Reform.
INTERVIEW WAIVERS UPDATE: WAIVER OF ADJUSTMENT INTERVIEWS FOR CERTAIN FAMILY-BASED PETITIONS.

 

In October 2012, USCIS announced that it was transferring certain filings from the four USCIS service centers to either a field office or the National Benefits Center (NBC) in order to balance the workload and processing times. As part of this workload shift, USCIS transferred interview-waivable family-based Forms I-485 from the California Service Center (CSC) to the NBC.

 

Under 8 CFR §245.6, USCIS may waive the interview for an applicant for adjustment of status. NBC's decision to waive the interview for certain cases is based on standards set at the national level, and includes adjustment categories in which there is normally enough evidence to make a decision without an interview.

 

TO READ MORE ON A CASE-BY-CASE BASIS FOR A WAIVER OF THE INTERVIEW, PLEASE CLICK HERE . . .  

EXPANDING ENTREPRENEURS IN THE U.S.: ENTREPRENEURS IN RESIDENCE EXPANSION - A NEW USCIS INITIATIVE.

 

With the completion of one year, USCIS reveals the progress of its Entrepreneurs in Residence ("EIR") Program. As per the USCIS, EIR has received positive feedback from around the globe. Those participating in the EIR program are strengthening the U.S economy.

As per USCIS Director Mayorkas: "In the 15 months since we started the initiative, we have seen positive results based on the combined talent of private sector experts and our own internal experts and we are eager to expand this concept to other industries we serve".

The USCIS reports that nearly 30,000 people have visited the Entrepreneur's Pathways seeking to start a business in the U.S
.

 

FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .  

SPRING HAS SPRUNG: CUSTOMS AND BORDER PROTECTION REMINDS TRAVELERS ABOUT  UPCOMING LONG WEEKENDS. 

 

With the onset of Spring and the coming start to the summer, Customs and Border Protection (CBP) at Blue Water Bridge alerts all travelers traveling over the Victoria Day (May 17th - 20th) and Memorial Day (May 24th - 27th) weekends to carry necessary required documents at the U.S port of entry.

As per CBP,
all travelers, including U.S. and Canadian citizens, need to present documentary proof of citizenship. These documents include a Passport, U.S. Passport Card, trusted traveler card (NEXUS, Global Entry, SENTRI or FAST) or an Enhanced Driver's License. Children under the age of 16 can present an original or copy of their birth certificate.

All of us at NPZ wish that you enjoy the weather and travel safely and efficiently! 
 
IF YOU ARE NOT IN IT . . . YOU CANNOT WIN IT: THE DIVERSITY VISA LOTTERY - THE 2014 RESULTS ARE OUT!!!!!

 

The Diversity Lottery provides immigration visas/green cards to individuals who are under-represented in the overall mix of immigrants coming to the United States.

Each year several million people apply for a visa under this program. Only the winners of the lottery are notified.
 
From May 1st, 2013, Diversity Visa Lottery - 2014 results were made available online for all applicants.

Our readers should take note that the elimination of the Diversity Lottery is one provision subsumed in the proposed new Immigration Reform Bill (see above).  
 
UPDATE FROM DOS: THE NEW JUNE PRIORITY DATES - VISA BULLETIN FOR JUNE 2013.

 

The Visa Bulletin summarizes the availability of immigrant numbers during the month of June.  

   

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. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000.  

 

The worldwide level for annual employment-based preference immigrants is at least 140,000.

 

Our readers are reminded that the priority dates are likely to advance significantly if the new CIR becomes the law as there are many provisions that are likely to accelerate both family and employment-based immigration visa processing (see above).  

 

FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .  

CANADIAN IMMIGRATION LAW UPDATES: NPZ NEWS FROM NORTH OF THE BORDER.
UPDATE FROM CANADA: CANADIAN GOVERNMENT TO REOPEN NEW PARENT & GRANDPARENT PROGRAM ON JANUARY 2nd, 2014.
 

On May 10th, 2013 the Government of Canada made an announcement that it would be reopening its Parent and Grandparent Program ("PGP) starting on January 2nd, 2014. Until that times, the Canadian government hopes to cut-down on the backlog and wait times in the program to about half.

 

"The Action Plan for Faster Family Reunification is on track to meet the goals of cutting in half the backlog and wait times in the Parent and Grandparent program," said Citizenship, Immigration and Multiculturalism Minister Jason Kenney.

 

FOR DETAILED INFORMATION ABOUT THE CANADIAN IMMIGRATION PROGRESS, PLEASE CLICK HERE . . .