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.
FRAUD, TECHNICAL VIOLATIONS, AND/OR MISREPRESENTATION THAT COULD TRIGGER H-1B VISA REFUSAL OR ADMINISTRATIVE PROCESSING UNDER 221(g) AT A CONSULAR POST.
BETTER LATE THEN NEVER: USCIS SAYS THAT SOME H-4 NONIMMIGRANTS WILL BE ABLE TO WORK VERY SOON.
PRESIDENT DELAYS THE DEPORTATION POLICIES REVIEW - IS CIR BILL THE PRORITY?
PRESIDENT OBAMA URGES CONGRESS TO CONCENTRATE ON AN IMMIGRATION BILL BEFORE THE MID-TERM ELECTIONS.
USCIS ISSUES NEW POLICY ON FORM I-693, MEDICAL REPORTS.
THE VISA BULLETIN FOR JUNE 2014 IS OUT! MORE MIXED NEWS FOR PRIORITY DATE HOPEFULS.
OPTIONS FOR H-1B LOTTERY LOSERS - PART 2.
OPTIONS FOR H-1B LOTTERY LOSERS - PART 3.
PRESS RELEASE: The Immigration Law Offices of Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. Open a New Office in Princeton, New Jersey.
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 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.
 
Deportations | Obama has deported about 2 million people
  
 
 

Deportations: President Obama asked Jeh Johnson to review Deportation policy to make it a more humane process;
Obama, commonly called the "Deporter in Chief", has deported about two million people.  

  

Revised N-400 Form | New Naturalization Form | CBP Launched a new webpage.

  

 
  

Revised N-400 Form: Although the form has changes, the eligibility requirements of Naturalization has not changed.
(I). New questions for compliance with laws... (a) Intelligence reform and terrorism prevention act (IRTPA) of 2004 (b) child soldier preventation act of 2008.
(ii) Clearer instruction on the form for individuals to be able to clearly complete the form (iii) 2D barcode technology used on each page to help USCIS scan for input See www.uscis.gov/n-400

New Naturalization Form is to be used effective May 5th, 2014.

CBP Launched a New webpage on May 1st that offers nonimmigrants access to their I-94 arrival and departure history.
Now individuals can go back 5 years. It used to be that persons needed to do FOIA request to get previous travel information. 

 
=============
 
UPCOMING EVENTS
 
Tri-Boro Community Transformation Presents: Community Immigration Law and Nationality Clinic.
 
When:
Thursday, June 7, 2014
 
Time: 
12:30 PM to 2:30 PM 
 
Where:
Unity Christian Reformed Church, 339 North 11th St Prospect Park, NJ 
 
* * * * * * *
 
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, Sept. 30th, 2014
 
Time:
12:00 PM to 1:40 PM
 
*******
 
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 May there were many new developments in the U.S. immigration law arena. First, 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. (see below). Other regulations have been published in the Federal Register to conform certain highly-technical legal nuances to "reality". We are pleased about the liberalization of the rules of evidence for EB-1(2), Outstanding Researcher and Professor cases. Also, 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, a new policy was promulgated with regard to the submission of medical reports to the USCIS (see below).

As many are aware, there has been a recent focus by President Obama on the issues of immigration enforcement, deportation (removals) and detention. A string of new reports and analyses have resulted in competing reports about the removal/deportation numbers. The question of whether current policies are indiscriminate and inhumane, or whether the Obama Administration is ignoring the law and "can't be trusted" are dominating the politics around the immigration debate.

However, a debate focused exclusively on numbers obscures the simple fact that the deportation process has been transformed drastically over the last two decades. In the past, immigration court hearings were the standard procedure ensuring a basic level of due process, safeguarding against unlawful removals, and permitting noncitizens to pursue legal status if eligible. Today, the vast majority of deportations are happening outside the immigration court system and with almost no due process or access to attorneys. Currently, nearly 75 percent of all removal orders are happening through expedited removal, reinstatement of removal, and stipulated removals.

Two of these procedures, "expedited removal" and "reinstatement of removal", allow immigration officers to serve as both prosecutor and judge-often investigating, charging and making a decision, all within the course of one day. These rapid deportation decisions often fail to take into account many critical factors, including whether the individual is eligible to apply for lawful status in the United States, whether he or she has long-standing ties here, or whether he or she has U.S. citizen family members. Generally, there is no opportunity to consult with counsel and there is no judicial oversight.

These procedures were implemented as part of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) in 1996, when Congress established streamlined deportation procedures that allow the government to deport (or "remove") certain noncitizens from the United States without a hearing before an immigration judge. The failure to provide a fair process to those facing expulsion from the United States and the lack of procedural safeguards deprives countless individuals of basic due process.

 

One of the hallmarks of the U.S. justice system is the right to have a day in court before an impartial decision-maker (commonly referred to a due process"), yet the vast majority of immigrants who are removed never see the inside of a courtroom. For additional information about U.S. immigration and nationality law issues, please feel free to contact the U.S. immigration and nationality lawyers at the NPZ Law Group at 201-670-0006 (x107).

FRAUD, TECHNICAL VIOLATIONS, AND/OR MISREPRESENTATION THAT COULD TRIGGER H-1B VISA REFUSAL OR ADMINISTRATIVE PROCESSING UNDER 221(g) AT A CONSULAR POST - By: Michael Phulwani, Esq., David H. Nachman, Esq. and Rabindra K. Singh, Esq.

Upon approval of H-1B petition by the USCIS[ii], foreign nationals residing abroad may need to go to the U.S. Consulate/Embassy to get an H-1B visa stamped into their passport before they can travel to and enter the United States. Before going for the visa interview, it is very important for a visa applicant to understand the purpose of the visa interview, the discretionary powers vested in the Consular Officers, and most importantly the kind of fraud, technical violations and/or misrepresentation that could result in visa refusal or administrative processing.

 

First and foremost, it is very important to understand that although Consular Officers cannot re-adjudicate petitions approved by the USCIS, Consular Officers can certainly review the petitions to determine the eligibility of visa applicants. Consular Officers, thus, are vested with wide and discretionary powers. Till date, there is no set mechanism in-place by which a foreign national, applying for a visa abroad, can challenge a Consular Officer's unfavorable exercise of discretion.

 

TO READ MORE ON "ADMINISTRATIVE PROCESSING UNDER 221(g)", PLEASE CLICK HERE . . .

BETTER LATE THEN NEVER: USCIS SAYS THAT SOME H-4 NONIMMIGRANTS WILL BE ABLE TO WORK VERY SOON.

The spouses of some H-1B visa holders could receive work authorization in the U.S., according to a proposed rule change announced by the Department of Homeland Security (DHS). This change, finds its genesis in President Obama's initiative to strengthen entrepreneurship and retain talent.  

 

Deputy Secretary Alejandro Mayorkas stated: "These steps will help the U.S. maintain competitiveness with other countries in our efforts to attract the best and the brightest high-skilled workers from around the world to support companies here at home. Businesses continue to need these high-skilled workers, and these rules ensure we do not cede the upper hand to other countries competing for the same talent."

 

TO READ MORE, PLEASE CLICK HERE . . . 

PRESIDENT DELAYS DEPORTATION POLICY REVIEW - IS CIR REALLY BEING GIVEN A PRORITY?     

Recently, White House officials state that President Barack Obama delayed the completion of a Department Homeland Security [DHS] review of U.S deportation policies for about four months. This action seems to be an indication of President Obama's efforts to preserve the chance of Congressional action on Immigration Reform.  

 

President Obama is seeking to preserve what the White House sees as a narrow window in June and July in which Congress could conceivably act before Washington's focus becomes consumed by the November midterm elections."The President really wants to maximize the opportunity to get a permanent solution enacted" said Cecilia Munoz, the Director of the White House's Domestic Policy Council.

 

TO READ MORE, PLEASE CLICK HERE ON THE ARTICLE PUBLISHED BY "FOX NEWS LATINO" . . .

PRESIDENT OBAMA URGES CONGRESS TO CONCENTRATE ON AN IMMIGRATION BILL BEFORE THE MID-TERM ELECTIONS.      

Since the beginning of the year 2014, President Obama has been making efforts to try to get Congress to focus on passage of an immigration reform bill. Recently the President urged Congress to focus on the passage of a Bill before the midterm elections.  

 

The President stated that Congress has a very narrow window to act on the CIR bill and to work to strengthen the Nation's Immigration System.

 

TO READ MORE, PLEASE CLICK HERE . . .

USCIS ISSUES A NEW POLICY ON FORM I-693 MEDICAL EXAMINATION SUBMISSIONS.    

Generally, all applicants filing for adjustment of status to that of a lawful permanent resident must submit Form I-693 completed by a designated civil surgeon. Form I-693 is used to report results of a medical examination to USCIS. 

 

Starting June 1st, 2014, USCIS will limit the validity period for all Forms I-693, Report of Medical Examination and Vaccination Record, to one year from the date of submission to USCIS. Applicants must also submit Form I-693 to USCIS within one year of the immigration medical examination. USCIS will also provide additional ways to submit Form I-693.  

 

As outlined in policy alert PA-2014-005, this updated policy applies to any Form I-693 supporting a benefit application that USCIS adjudicates on or after June 1st, 2014.

 

FOR DETAILED INFORMATION, PLEASE CLICK HERE . . . 

THE VISA BULLETIN FOR JUNE 2014 IS OUT! MORE MIXED NEWS FOR PRIORITY DATE HOPEFULS.  

Recently, the U.S. Department of State (DOS) released the June 2014 Visa Bulletin. The Philippines EB-3 continued to move steadily. It is now into 2008.  

 

The Chinese EB-2 and EB-3 are no longer inverted. The Chinese EB-3 moved all the way back to October 2006. It remains to be seen if the Chinese EB-2 and EB-3 categories will swap places again in the beginning of the next fiscal year, which is October 1, 2014.


The "All Other" EB-3 category moved back as well. It is now at April 2011. It is not likely to progress until the beginning of the next fiscal year. The Indian numbers basically remained the same. For more information about Priority Dates and how long it may take for you to get your green card please e-mail us at info@visaserve.com . . .

 

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.


CONSIDER SOME H-1B ALTERNATIVES: NPZ IMMIGRATION LAWYERS DISCUSS OPTIONS FOR H-1B LOTTERY LOSERS - PART 2.

 

In addition to our previous video about options that are available for those that did not wine the H-1B lottery, we propose considerations of the E-1, E-2 and the E-3. We also suggest the possibility of looking at the O-1 visa for those who are extraordinary in the arts, sciences and in business. The L-1 visa may be another option to consider.

CONSIDER MORE H-1B ALTERNATIVES: NPZ IMMIGRATION LAWYERS DISCUSS
MORE OPTIONS FOR H-1B LOTTERY LOSERS - PART 3.
 
 
If you tried to get an H-1B on April 1st and you did not win the H-1B lottery please consider some other options that may or may not be available to you. Consider: E-2 INVESTOR; O-1 VISA FOR EXTRAORDINARY ABILITY; L-1A and L-1B INTRACOMPANY TRANSFERS. Our two other videos on YOUTUBE also help guide you about some of the other nonimmigrant visas that may be available to you if you did not win the H-1B lottery. We have also sought to discuss some of the issues with the L-1B specialized knowledge intracompany transfer visas.  

 

PRESS RELEASE: The Immigration Law Offices of Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. Open a New Office in Princeton, New Jersey.   

 

FOR IMMEDIATE RELEASE

Ridgewood, NJ - June 1st, 2014 - The Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. - also commonly known as VISASERVE - will open a branch office at Overlook Corporate Center in Princeton, New Jersey, on June 1st 2014 to provide U.S. and Canadian Immigration Law Support services for the Firm's existing and new central NJ clients. 

David Nachman, Esq., one of the Managing Attorneys at the NPZ Law Group (known as "VISASERVE") stated: "Our new Princeton Office will expand our Firm's business and family immigration law exposure in a growing Hi-Tech and expanding business immigration market in Central NJ".

 

Michael Phulwani, Esq., one of the other Managing Attorneys stated: "The State of New Jersey continues to provide a solid foundation for growing businesses and for entrepreneurial endeavors". Ludka Zimovcak, Esq., one of the other Managing Attorneys stated: "NPZ is pleased to be able to continue to assist businesspersons, entrepreneurs and highly-skilled foreign national workers to continue to contribute to our State's economic infrastructure". 

NPZ's Princeton Office will enable the NPZ Law Group to provide close and personal legal services to new and burgeoning national and international businesses along the Route 1 corridor - from New Brunswick to Trenton. The U.S. and Canadian Immigration Lawyers at the NPZ Law Group continue to provide Business and Family Immigration Law services as well as Consular Processing guidance to its clients throughout the U.S. and the world.  

For more information, or to speak to one of our immigration and nationality professionals, please feel free to e-mail us at 
info@visaserve.com or you can call us at 201-670-0006 (x107).