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.
SPONSORED IMMIGRANT'S UNJUST ENRICHMENT: IS THERE A SIXTH WAY TO CUT-OFF A SPONSOR'S OBLIGATION UNDER THE AFFIDAVIT OF SUPPORT (FORM I-864)? BY: Michael Phulwani, Esq., David H. Nachman, Esq. and Rabindra K. Singh, Esq.
DO NOT FALL PRAY TO THE SCAM ARTISTS: IMMIGRATION LAW PRACTITIONERS NATIONWIDE WARN THEIRS CLIENTS AND THE PUBLIC ABOUT IMMIGRATION SCAMS. By: David Nachman, Esq., Michael Phulwani, Esq. and Rabindra Singh, Esq.
WE HAVE TALKED ABOUT ADMINISTRATIVE FIXES TO THE U.S. IMMIGRATION LAW SYSTEM: BUT, WHAT IS EXECUTIVE ACTION?
USCIS EXTENDS DESIGNATION OF SOUTH SUDAN FOR TPS.
PRESIDENT OBAMA DOUBLE DOWNS ON IMMIGRATION FAILURE: ACTION ON IMMIGRATION REFORM POSTPONED.
ARE YOU A FOREIGN STUDENT [F - 1 VISA HOLDER] IN THE U.S.?
U.S. DEPARTMENT OF STATE UPDATE: THE VISA BULLETIN FOR OCTOBER 2014 IS OUT.
THE CANADIAN LAW GROUP AT NACHMAN PHULWANI ZIMOVCAK TRANSFERS IT WORKERS TO CANADA!
LABOUR MARKET IMPACT ASSESSMENT (LMIA) IN THE TEMPORARY FOREIGN WORKER PROGRAM (TFWP).
PERM: Does the Employer or the Employee Have to Pay for the Green Card?
I-140 PRIORITY DATE ESTABLISHED: What is a Priority Date and Why is it Important?
TEANECK INTERNATIONAL FILM FESTIVAL 2014
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.
 
U.S. UNDER 
UNAUTHORIZED
STATUS | SECTION 245(i) | U Visas and Parole-in-Place for Military Family Members.  
 
 
 
- Hardship in America for those who do not have personal identification. Bars to returning to the U.S. for staying in the US in unauthorized status, ID cards to be handed out to illegal immigrants in the State of New York.
- Section 245(i): Out of status immigrants have options to be grandfathered.
- Get a U visa to allow yourself to get back into status from being out of status in the U.S.  
 
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BONA FIDES OF A MARRIAGE | ADOPTIONS | 221(g) ADMINISTRATIVE PROCESSING.  

 

 
  In order to obtain a green card (U.S. lawful permanent residence) based on marriage, you will have to prove that the marriage is bona fide. This means a marriage in which the two people intend, from the start, to establish a life together as husband and wife.
("Husband and husband" and "wife and wife" works, too -- as of the Supreme Court's 2013 decision to strike down the federal "Defense of Marriage Act" (DOMA), same-sex marriages count for U.S. immigration purposes, so long as they are legally valid in the state or country where they were entered into.)
 
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UPCOMING EVENTS

  

NJICLE: Immigration Aspects of Marrying a Foreign National - A Webinar 

 
When:
Tuesday, September 30th, 2014
 
Time:
12:00 PM to 1:40 PM

=============

SHRM CONVENTION: EMPLOYER'S I-9 AUDIT UPDATE

When: 

October, 21st, 2014 at 9:45 AM

 

Where: 

Atlantic City Convention Center, Atlantic City, NJ

 

Speakers: 

David H. Nachman, Esq. and Workplace Enforcement ICE Officer will present. 

 
*******
 
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:: 201-670-0006 (X100)

Dear Readers:

That was really tough talk we heard at the beginning of the summer from President Obama!  It was so tough, in fact, that we all thought that he was going to "go at" immigration reform alone and he was going to ignore the power struggle in Congress. However, as we roll into the Fall, we continue to hope and pray for President Obama to become spiritually enlightened and and to keep his promises about the reform of the U.S. immigration law system. We continue to grow less optimistic.

The recent announcement by the White House that U.S. immigration reform initiative is AGAIN on the back-burner reminds us what a "political football" the "immigration system" really is. Now, it seems like we will have to wait until the middle of November to see if something (anything) is going to happen to cure the immigration problems for the over 11 million individuals in the U.S. without legal immigration status.

As we have previously pointed out, the President has a number of Administrative "fixes" that he can make without the blessing of the Congress. He can, among other things: (1) Expand "prosecutorial discretion" to grant deportation reprieves (e.g., DACA, Parole-in-Place, etc.); (2) Increase green card quotas by NOT counting derivatives toward the fiscal caps on visas currently in existence; (3) Grant work authorization to individuals working in areas of intrinsic merit to the U.S. economy - thereby strengthening our nation's economic infrastructure.

Some people believe that the current stall over U.S. immigration action is President Obama's attempts to garner more support and information from his staff and from others about the issue. We certainly hope that this is, indeed, the case. In the interim, with the exception of the daily hopes and prayers for U.S. immigration reform . . . it seems to be business as usual.

For more information about visas, green cards and the way that potential immigration reform measures may be able to assist you, your staff or your family and/or friends, or for any questions you may have about U.S. or Canadian immigration law, please feel free to contact the U.S. or the Canada immigration lawyers and attorneys at the Nachman Phulwani Zimovcak (NPZ) Law Group by e-mail at info@visaserve.com or by calling our offices at 201-670-0006 (x107).    

SPONSORED IMMIGRANT'S UNJUST ENRICHMENT: IS THERE A SIXTH WAY TO CUT-OFF A SPONSOR'S OBLIGATION UNDER THE AFFIDAVIT OF SUPPORT (FORM I-864)? BY: Michael Phulwani, Esq., David H. Nachman, Esq. and Rabindra K. Singh, Esq. 

The Affidavit of Support under Section 213A of the Immigration and Nationality Act (INA) is required for most family-based and some employment-based immigrants to show that they have adequate means of financial support and are not likely to become public charge.  

 

Immigrants who are deemed likely to become public charges may gain admission to the United States if a sponsor signs United States Citizenship and Immigration Services Form I-864, Affidavit of Support, thereby promising to maintain the sponsored immigrant at no less than 125% of the Federal Poverty Guidelines for the immigrant's household size. See

 8 CFR 213a.2(c)(2).  

 

The Sponsor's promise to maintain the immigrant is intended not only to protect the immigrant from poverty, but to protect the Government from a public burden.

 

TO READ MORE, PLEASE CLICK HERE . . . 

DO NOT FALL PRAY TO THE SCAM ARTISTS: IMMIGRATION LAW PRACTITIONERS NATIONWIDE WARN THEIRS CLIENTS AND THE PUBLIC ABOUT IMMIGRATION SCAMS. By: David Nachman, Esq., Michael Phulwani, Esq. and Rabindra Singh, Esq.  

Immigration practitioners are warning companies and employees to avoid immigration-related scams. Types of scams reported recently include:

 

Scammers targeting people based on foreign-sounding names or based on information gathered about companies hiring many H-1Bs or filing many Labor Condition Applications (LCAs). The scammers can get a lot of information from various websites, labor condition application listings from the Department of Labor (DOL), LinkedIn, social media, and other sources. Scammers are able to collect information in a variety of ways and use it to convince unwitting victims of their purported authenticity.


TO READ DIFFERENT "TYPES OF SCAMS", PLEASE CLICK HERE . . .

WE HAVE TALKED ABOUT ADMINISTRATIVE FIXES TO THE U.S. IMMIGRATION LAW SYSTEM: BUT, WHAT IS EXECUTIVE ACTION?

What is "executive action" and what power does President Obama have to fix our broken immigration system?   

 

Educate yourself with this video in which Law professor Hiroshi Motomura walks us through some of the most common questions about executive action.

 

PLEASE CLICK HERE TO VIEW THE VIDEO . . .

TPS UPDATES: USCIS EXTENDS THE DESIGNATION OF SOUTH SUDANESE FOR TPS.

Secretary of Homeland Security, Jeh Johnson, will re-designate South Sudan for Temporary Protected Status (TPS) and extend the existing TPS designation for the country from November 3rd, 2014, through May 2nd, 2016. This allows eligible nationals of South Sudan (or persons without nationality who last habitually resided in South Sudan) to register or re-register for TPS in accordance with the notice published in the Federal Register.

 

Current South Sudanese beneficiaries seeking to extend their TPS status must re-register during a 60-day period that runs from September 2nd, 2014, through November 3rd, 2014. The U.S. Citizenship and Immigration Services (USCIS) encourages beneficiaries to re-register as soon as possible once the 60-day period begins. USCIS will not accept applications before September 2nd, 2014.

 

FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .

PRESIDENT OBAMA DOUBLES DOWN ON IMMIGRATION FAILURE: ACTION ON IMMIGRATION REFORM POSTPONED.

Washington, DC- The following is a statement from Leslie Holman, President of the American Immigration Lawyers Association (AILA) about President Obama's announced decision to again delay any executive action that would help immigrants, their families, and our economy: "Through this decision to delay, President Obama has broken yet another promise to immigrants, their families, U.S. businesses, and a community largely responsible for his even having a second term.  

 

This President, who has deported more people in 5 years than any other, who has doubled down on the jailing of women and children, who has tried to gut the protections we have for trafficked children, who has failed to curb the unjustified denial of legitimate business applications or provide promised incentives to encourage entrepreneurship, has now joined the House of Representatives in profound failure regarding our immigration system.

 

TO READ MORE, PLEASE CLICK HERE . . . 

 

***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 

F-1 REMINDER AND UPDATE: ARE YOU A FOREIGN STUDENT [F - 1 VISA HOLDER] IN THE U.S.?

It is very important to remember that you must maintain your nonimmigrant student (F-1). When it comes to your studies, follow the four rules below to have success in your classes and ensure that you maintain your student visa status:

 

1. Attend and pass all your classes. If school is too difficult, speak with your designated school official (DSO) immediately. There may be alternatives or adjustments to your studies that can help.

 

2. If you believe that you will be unable to complete your program by the end date listed on your Form I-20, "Certification of Eligibility for Nonimmigrant Student Status" talk with your DSO about requesting a possible program extension.

 

3. You must take a full course of study each term. If you cannot study full time, contact your DSO immediately.

 

4. Do not drop (i.e., stop going to) a class without speaking with your DSO first.


Remember that your DSO is a resource and should be the first person you talk to if you have any questions about the legal requirements for furthering your studies in the United States.

 

FOR MORE INFORMATION, PLEASE VISIT DHS WEBSITE BY CLICKING HERE . . .

U.S. DEPARTMENT OF STATE UPDATE: THE VISA BULLETIN FOR OCTOBER 2014 IS OUT!

The Department of State has released the October 2014 Visa Bulletin. This is the first Visa Bulletin of the 2015 U.S. Fiscal Year, which begins October 1st, 2014. The Philippines EB-3 has again shown substantial progression. It is now at October 2011, which is a four year jump in the last four months. It remains consistent with the "All Other" EB-3 date. India EB-2 is still at May 2009. India EB-3 remains stuck in November 2003. The Chinese EB-3 number continued to move dramatically and inconsistently and it is now at April 2009.
 
 CANADIAN IMMIGRATION LAW UPDATES: NPZ NEWS FROM NORTH OF BORDER.

THE CANADIAN LAW GROUP TRANSFERS IT WORKERS TO CANADA!

The Canadian Law Group is pleased to announce that it continues to successfully transfer high-level IT workers from foreign countries like Israel, to Canada. This is indeed a success, considering the recent changes to intra-company transfer law.
 

LABOUR MARKET IMPACT ASSESSMENT (LMIA) IN THE TEMPORARY FOREIGN WORKER PROGRAM (TFWP): A BENEFIT OR DISADVANTAGE?

The Temporary Foreign Worker Program (TFWP) governs the hiring of foreign workers to work in Canada temporarily. Plainly stated, the objective of the TFWP is to ensure the recruitment of foreign workers as a last resort, when no Canadians are available to do the job. In order for a Canadian employer to hire a foreign worker, a Labor Market Impact Assessment (LMIA) must therefore be approved by the Government.
 
"IMMIGRATION NEWS AND VIEWS" - NPZ'S NEW PRACTICAL SERIES ON YOUTUBE ABOUT VARIOUS U.S. AND CANADIAN IMMIGRATION LAW ISSUES.
PERM: Does the Employer or the Employee Pay?

An employer must not seek or receive payment of any kind for any activity related to obtaining permanent labor certification, including payment of the employer's attorneys' fees, whether as an 
incentive or inducement to filing, or as a reimbursement for costs incurred in preparing or filing a permanent labor certification application, except when work to be performed by the alien in connection with the job opportunity would benefit or accrue to the person or entity making the payment, based on 
that person's or entity's established business relationship with the employer.  
I-140 PRIORITY DATE ESTABLISHED.


Priority date is a United States immigration concept - it is the date when a principal applicant first reveals his intent of immigration to the US government. For family-sponsored applicants, the priority date is the date an immigration petition, filed on behalf of him or her, is received by the United States Citizenship and Immigration Services (USCIS). For employment-based immigration beneficiaries, the priority date is the date an immigration petition is filed at USCIS, under categories where a labor certification is not required, or when the United States Department of Labor receives a labor certification application, under categories where a labor certification is required. In all cases, the priority dates are not established until USCIS approves the immigration petition. The date establishes one's place in the queue for a family-sponsored or employment-based or permanent residency permit (also known as "green card") application.Once a priority date is established through the approval of an I-140 immigrant preference petition, the beneficiary is entitled to keep that priority date for all subsequently filed I-140 petitions, irrespective of the employer, occupation, preference category, or location.

NACHMAN PHULWANI ZIMOVCAK (NPZ) LAW GROUP CONTINUES TO SPONSOR BOLLYWOOD CINEMA AT THE TEANECK INTERNATIONAL FILM FESTIVAL IN NOVEMBER - EROS FILMS, NPZ LAW GROUP AND TIFF ARE PLEASED TO SCREEN
THE BOLLYWOOD BLOCKBUSTER AT THE TEANECK MOVIE CINEMA ON CEDAR LANE IN THE AFTERNOON ON NOVEMBER 9TH . . .