Full NPZ Logo
Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. - 
U.S. and Canadian Immigration and Nationality Law Newsletter and Update - August 15th 2013.
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.
IMMIGRATION REFORM WILL DECREASE THE FEDERAL DEFICIT BY $197 BILLION.
U.S. AND CANADA BEGIN PHASE II OF ENTRY/EXIT PROJECT 2013.
JUDGE DISMISSES SUIT TO END DEPORTATION DEFERRALS.
USICS TRANSFERS WORKLOAD BURDEN TO VARIOUS SERVICE CENTERS.
ICE SEVP ANNOUNCES MORE BENEFITS TO DOMA FOREIGN DEPENDENTS.
SOCIAL NETWORKING ICON BOLSTERS IMMIGRATION REFORM.
SEPTEMBER 2013 VISA BULLETIN IS OUT WITH SOME GOOD NEWS!
CHECK OUT OUR VIDEO SERIES: TIPS FOR PROCESSING IMMIGRATION MARRIAGE CASES.
CHECK OUT OUR VIDEO SERIES: PROVING THE BONA FIDES OF THE MARITAL RELATIONSHIP.
CHECK OUT OUR VIDEO SERIES: INTERNATIONAL CHILD ABDUCTIONS.
WISHING INDIA AND PAKISTAN A...HAPPY INDEPENDENCE DAY!
YOUR IMMIGRATION LAWYERS, MICHAEL PHULWANI, ESQ.  AND DAVID NACHMAN, ESQ., AND LUDKA ZIMOVCAK, 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., and Ludka Zimovcak, 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.  
 
Visa Denials (Fraud or misrepresentation - Waivers & provisional waiver).


There are many reasons why a visa application may be denied. In some instances, the application is denied because necessary information or supporting documents were not submitted by the applicant. In other instances, the application is denied for more serious reasons. An applicant's current and/or past actions, such as drug or criminal activities, as examples, may make the applicant ineligible for a visa. 
If denied a visa, the applicant is given a reason based on the section of law which applies. Visa applicants are also advised by the consular officer if they may apply for a waiver of their ineligibility. Several of the most common reasons for visa ineligibilities are explained below. For more information, review the complete list of visa ineligibilities in the Immigration and Nationality Act (INA), and amended laws.

 F2A Category Being Current & Comprehensive Immigration Reform (If it does not pass),  Family-Based Petitions & Employment-Based Categories.

 
There is good news for spouses and children (unmarried and under the age of 21) of lawful permanent residents, in the FB-2A category, this month! Starting August 1st, 2013 through at least August 31st, 2013, the FB-2A category has a current priority date for nationals all over the world.    
 
This means that all foreign nationals who are the spouse or child (unmarried and under the age of 21) of a green card holder may apply for lawful permanent residence status immediately. 
Quick Links
Join Our Mailing List


Like us on Facebook

Follow us on Twitter

View our profile on LinkedIn

Find us on Google+

Find us on Pinterest

View our videos on YouTube

Visit our blog

View our photos on flickr
- - - - - - - - - - - -

:: 201-670-0006 (X100)

Dear Readers:

In this edition of our electronic publication the NPZ Law Group wants to wish DACA a very Happy Birthday. The one-year anniversary of the start of the Deferred Action for Childhood Arrivals (DACA) program occurred on August 15th 2013. As most of our readers are aware, the DACA program is an initiative by the Obama Administration to provide status to individuals meeting certain criteria who were brought to the U.S. at a young age. 

DACA does not provide permanent lawful status to applicants. Rather, it confers two important advantages to approved applicants: (1) a temporary suspension of removal or deportation; and (2) authorization to work in the US. It was originally estimated that some 900,000 individuals would be immediately eligible for DACA as of the date of the announcement in 2012. 

This analysis of DACA applications, obtained through a Freedom of Information Act (FOIA) request to the Department of Homeland Security (DHS), offers insights into the size, demographics, geographic distribution, age, and year of arrival of applicants. The Brookings Institute provided information on the first 465,509 applications, corresponding to the period August 15th, 2012 to March 22nd, 2013, and accounting for 87 percent of applications through June 30th, 2013. The observations are as follows: 

(1) More than half a million people have applied for DACA through June 2013; 72 percent have been approved, while just 1 percent have been denied. The remaining applications are still under review; and 

(2) The vast majority of applicants were born in Mexico, and 25 other countries of birth have over 1,000 applications; and 

(3) The distribution of DACA applicants by State mirrors settlement patterns of all immigrants; applicants from East Coast states come from a more diverse set of origin countries; and 

(4) More than one-third of DACA applicants were between 15 and 18 years of age. There are fairly even numbers of women and men, but female applicants are slightly older than males. Applicants tend to be younger in newer destination States; and 

(5) Nearly three-quarters of DACA applicants have lived in the United States for at least ten years and nearly one-third were age five or younger at arrival. 

Also wishing DACA a Happy Birthday is Senator Robert Menendez who recently stated: "One year ago, the implementation of DACA served as a monumental first step towards a fairer and more efficient immigration system. Today, over 400,000 young men and women who were kept from enrolling at colleges and universities can finally achieve their full potential, being full participants in American life and full contributors to the American economy through their ingenuity, skills, and hard work. The American people have long realized, and the success of DACA shows us, that revamping our outdated immigration system is the right thing to do. It benefits all of us. Now, Congress must finish the task at hand by passing a permanent solution - comprehensive immigration reform with an earned pathway to citizenship." 

For more information about DACA or the way you or your family members or employers may be able to obtain legal immigration status in the US or Canada, please e-mail the the immigration lawyers at Nachman Phulwani Zimovcak Law Group at info@visaserve.com or call us at 201-670-0006 (x107).
IMMIGRATION REFORM WILL DECREASE THE FEDERAL DEFICIT BY $197 BILLION SAYS REPORT OF THE CBO: Putting Money Where the Mouth is!
Congressional budget analysts said that proposed legislation to overhaul the nation's immigration laws would cut hundreds of billions from the federal deficit over the next two decades.

A long-awaited analysis by the Congressional Budget Office found that the benefits of an increase in legal residents from immigration legislation currently being debated in the Senate - which includes a pathway to citizenship - would far outweigh the costs.

"The findings in this report give proof that implementing smart immigration reform will strengthen the U.S economy . . . creating an immigration system that puts immigrants on a path to citizenship will not only boost wages and entrepreneurship, but will also bring more tax contributions and spending to small businesses in their local economies."

 
U.S. AND CANADA BEGIN PHASE II OF ENTRY/EXIT PROJECT 2013:  Beefing Up Technology at the POE.
The Department of Homeland Security (DHS) announced the implementation of Phase II of the Entry/Exit information system, a commitment of the Beyond the Border Action Plan.
 
Under Phase II, DHS and the Canada Border Services Agency (CBSA) will expand the exchange of biographic entry data collected on third-country nationals (those who are neither citizens of Canada nor of the United States), permanent residents of Canada who are not U.S. citizens, and lawful permanent residents of the United States who are not Canadian citizens, to all automated land ports of entry at the common border, including all major land border crossings. 
 
JUDGE DISMISSES SUIT TO END DEPORTATION DEFERRALS:  What's Happening at the State Level? 

Kris W. Kobach, Kansas Secretary of State, has filed lawsuit in Federal Court seeking to Curb Illegal Immigration.

 

President Obama issued a policy memorandum to defer deportation of young undocumented immigrants and as of July 10th, a total of 562 youths had received deferrals, which allow them to work legally.  

 

Many of the young undocumented immigrants in this category were eligible under the proposed Dream Act.

 

TO READ MORE, PLEASE CLICK HERE . . . 

USICS TRANSFERS THE BURDEN TO VARIOUS CENTERS: Shifts of Workload to Increase Efficiency.  
Recently USCIS announced that it started transferring some of its casework within its service centers to balance the workload processing capacity. Transfer includes various Forms like I-129F, I-130 F2A category, I-821D, I-751. USCIS will be sending a notice to affected applicants with the transfer date and the processing center name that can help the applicant for case inquires.
 
ICE SEVP ANNOUNCES MORE BENEFITS TO DOMA FOREIGN DEPENDENTS: Same Sex Benefits Extended.  
On August 4th, 2013, ICE SEVP announced Form I-20 issuance to same-sex spouses of an F-1 or M-1 nonimmigrants who wish to enter the U.S on dependent visas like F-2 or M-2. The DOS, Bureau of Consular Affairs, has advised all Consulates to issue visas to DOMA beneficiary spouses if their marriage is "recognized in the place of celebration".
 
 
***THIS INFORMATION IS PROVIDED COURTESY OF AILA - of which David Nachman, Esq., one of the Managing Attorneys at NPZ Law Group, is the Former State of New Jersey Chapter Chair and Member of the AILA National Board of Governors.
SOCIAL NETWORKING ICON BACKUPS IMMIGRATION REFORM:  CIR Gets a Boost!  
Recently, famous Social networking site, Facebook CEO, Mark Zuckerberg, expressed his support for the Comprehensive Immigration Reform (CIR) Bill. Mark Zuckerberg joined publicly with tech leaders, civil rights activists and undocumented immigrants to call for a comprehensive overhaul of the nation's immigration policies - an issue he said touches not just silicon valley but "the whole country".

Zuckerberg added that "[t]his is something that we believe is really important for the future of our country - and for us to do what's right". With strong support from all over the country along with entrepreneurs in business, its now the time for the House of Representatives to decide the destiny of the Bill.

 
THE SEPTEMBER 2013 VISA BULLETIN IS OUT WITH GOOD NEWS FOR MANY:  Priority Dates Seem to be Moving Along.  
FAMILY-sponsored:

F2A:
This category was made "Current" in an effort to generate new demand for the upcoming fiscal year. Information received during discussions with the National Visa Center and U.S. Citizenship and Immigration Services indicates that this action is already having the intended result. Therefore, it is likely that a cut-off will be imposed for October. This cut-off is unlikely to have any negative impact on those who have already initiated action on their case prior to the announcement of the October cut-off dates.

EMPLOYMENT-based:

SECOND: India:
This cut-off date has been advanced significantly more than originally expected, based on the projection that there would be "otherwise unused" numbers under the overall Employment Second preference annual limit. This is the result of a decrease in Employment First preference number use, and a similar decrease in Employment Second preference demand for most other countries during the past two months. It is expected that such movement will generate a very significant amount of new India demand during the coming months.

THIRD: The Employment-based Third preference cut-off date for most countries was advanced at an extremely rapid pace in April through July in an effort to generate demand. Historically such movements have resulted in a dramatic increase in applicant demand for numbers within a few months. At this time there is no indication that the expected increase is materializing or will do so in the near future. This has resulted in significant movements in the September cut-off for all countries.

It is unlikely that there will be any forward movement of most Employment-based cut-off dates during the next couple of months. In addition, a sudden surge in demand could require the retrogression of a cut-off date at any time. Such action would be required if it appears that such number use could impact visa availability under the FY-2014 annual limits."

"IMMIGRATION NEWS AND VIEWS" - NPZ'S NEW PRACTICAL SERIES ON YOUTUBE ABOUT VARIOUS U.S. AND CANADIAN IMMIGRATION LAW ISSUES.
CHECK OUT OUR VIDEO SERIES: "MARRIAGE CASES"


"After the recent decision by the Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally married couples are implemented swiftly and smoothly. To that end, effective immediately, the DHS Secretary directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse."
CHECK OUT OUR VIDEO SERIES: BONA FIDES OF THE MARITAL RELATIONSHIP


If you are filing for a green card based on Marriage to a U.S. Citizen or Lawful Permanent Resident, USCIS requires that you provide evidence that the marriage is bona fide or genuine.
Your marriage must be valid where the marriage took place. In order to document this you should provide a copy of the marriage certificate.
Unless you have a valid excuse for living apart, it is expected that a married couple live together. In order to provide proof of this you should provide a lease agreement that has both of your names on it. If you own the home, the mortgage should include both names. Copies of joint utility bills such as water and electricity should also be included. If you do not have these or you would like to provide more proof, an affidavit of a friend or relative could also state that they know that the two of you live together.
If the marriage is genuine it is likely that you have a romantic relationship. You can document this by including copies of love letters, cards, photos of the two of you together and affidavits from friends or family. It is more helpful if these items show several different instances throughout the relationship.
Married couples are generally expected to commingle their finances. You should include copies of joint bank accounts, joint credit card accounts, and tax returns which show that you are a married couple.
You should include letters from each of you and from two friends or family members that can attest to your relationship. They should explain how they know you, what they know about your relationship and that they believe your relationship to be genuine. It is helpful if they mention specific things they know to support their assertion, such as the fact that they have gone on double dates or that you have met eachother's families. Letters from U.S. Citizens and LPRs are preferable to Foreign Nationals.
You should include copies of photos. Do not just include wedding photos. Include photos from different events and time periods throughout the relationship. Include photos of the two of you alone and with eachother's friends and family.
If either one of you have been previously married, you will need to include the divorce decree.

CHECK OUT OUR VIDEO SERIES: INTERNATIONAL CHILD ABDUCTIONS

The term international child abduction is generally synonymous with international parental kidnapping, child snatching, and child stealing. However, the more precise legal usage of international child abduction originates in private international law and refers to the illegal removal of children from their home by an acquaintance or family member to a foreign country. In this context, "illegal" is normally taken to mean "in breach of custodial rights" and "home" is defined as the child's habitual residence. As implied by the "breach of custodial rights," the phenomenon of international child abduction generally involves an illegal removal that creates a jurisdictional conflict of laws whereby multiple authorities and jurisdictions could conceivably arrive at seemingly reasonable and conflicting custodial decisions with geographically limited application. Such a result often strongly affects a child's access and connection to half their family and may causes the loss of their former language, culture, name and nationality, it violates numerous children's rights, and can cause severe psychological and emotional trauma to the child and family left behind.
WISHING INDIA AND PAKISTAN A 
HAPPY INDEPENDENCE DAY!!! 
- NPZ Law Group, P.C. Team