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.
STATE DEPARTMENT ANNOUNCEMENT: DOS ANNOUNCES U.S. REFUGEE STATUS TO CERTAIN CENTRAL AMERICAN MINORS.
COULD IT BE A "MEXICAN STAND-OFF"? GOP CONSIDERING OPTIONS ON CIR BILL TO BLOCK PRESIDENT'S PROPOSED.
FOR THE PRESIDENT, A PRODUCTIVE TRIP TO CHINA: U.S. & CHINA EXTEND RECIPROCITY FOR SEVERAL NONIMMIGRANT VISAS.
GETTING THE FACTS: FAQS ISSUED FOR THE NEW ARRANGEMENT FOR U.S. & CHINA FOR EXTENDING VARIOUS NONIMMIGRANT VISA CLASSIFICATIONS.
-751 CASES TRANSFERRED: USCIS TRANSFERS I-751 WORKLOAD FROM VSC TO CSC.
THE DECEMBER 2014 VISA BULLETIN IS OUT!!! CHECK OUT YOUR PRIORITY DATE ON THE VISA BULLETIN FOR DECEMBER.
NUNC PRO TUNC - 'NOW FOR THEN" - A NICE IMMIGRATION LAW PROCESSING TOOL!
WHAT DO I DO WHEN MY IMMIGRATION LAW CASE IS DENIED? DO I APPEAL THE IMMIGRATION CASE? MAKE A MOTION TO REOPEN THE CASE? OR, DO I REFILE THE CASE?
HAPPY THANKSGIVING TO ALL OUR READERS!
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.
 
President Obama to use the Administrative Relief to Grant Immigration Benefits (Is this a Change in the  Immigration Laws)?  
 
 
 
 
- Teaneck International Film Festival, November 2014, Ram-Leela Screening.
- Administrative Relief (possible change for immigration laws):
1. Expanding Deferred Action.
a) Applying directly to the local office, not necessarily a last resort.
b) Humanitarian reasons.
c) Policy should set specific criteria to make it easier to qualify.
2. Parole-In-Place.
3. Counting of Visa numbers.
a) Derivatives are currently counted in visa categories.
b) Derivatives should be counted separately.
c) Retroactive counting.
4. Definition of Extreme Hardship.
a) Liberalize the definition of "extreme hardship".
5. Possibility of extending or creating a new 245(i) program?  
 
=============
 
UPCOMING EVENT

  

H-1B COMPLIANCE FOR THE DOL AND EMPLOYER IMMIGRATION AND WAGE AND HOUR SELF-AUDITS.


When: 

December 5th, 2014 at 9:00 AM to 12:00 PM

 

Where: 

Newark Club, One Newark Center, Newark NJ

 

 
*******
 
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:   
 
The REALLY BIG news is that President Obama is poised to announce unilateral reforms to the U.S. immigration law as early as next week. It appears that this will be done through the grant of "Administrative Relief". This information was leaked to the press last week and the news references a "memo" that will be released that will set forth the form(s) that the administrative relief will take (many of which have been discussed in NPZ's prior e-zines). 
 
"Administrative Relief" which is based on prosecutorial discretion (which has its genesis in the Morton Memorandum from 2011), is a broad term-of-the-art that encompasses various forms of temporary relief from Removal from the U.S. that do not formally grant legal immigration status. The U.S. Department of Homeland Security's (DHS's) prosecutorial discretion powers include the ability to refrain from placing a potentially removable persons into proceedings, suspending and/or terminating a proceeding, postponing a Removal, releasing a person from detention, or de-prioritizing the enforcement of a particular immigration law. 
 
Many forms of "prosecutorial discretion" include the grant of work authorization (a work permit). The ability to obtain a work permit in the U.S. is critical to members of various immigrant communities. One recent example of the use of "prosecutorial discretion" was the implementation of the Deferred Action and Childhood Arrivals Program (DACA). It appears that President Obama will be seeking to expand DACA benefits (work and travel authorization) to parents of DACA beneficiaries. This makes sense in light of our Nation's recognition of "Family Unity" as a very strong underlying policy of the U.S. immigration and nationality law. 
 
With the stewardship and reasoned guidance of the Obama Administration, DHS has the capability to expand the use of prosecutorial discretion. In fact, it has done so already by instituting the "Parole-in-Place" Program for military family members. While the details of President Obama's plan still remain vague, it is clear that there are several existing forms of prosecutorial discretion, including existing DHS administrative remedies, that can be expanded. At this point, we urge any individuals who think that they may be able to benefit from the new immigration programs to begin to gather your legal documents. 
 
As soon as the Obama Administration (and DHS) makes a formal announcement about the administrative relief and prosecutorial discretion, the Nachman Phulwani Zimovcak (NPZ) Law Group's immigration lawyers and attorneys will provide more detailed guidance and will conduct consultations about the ways that the programs may be able to serve you, your friends and/or family members, and various members of numerous immigrant communities.

For more information, please feel free to contact the VISASERVE TEAM'S U.S. immigration lawyers or attorneys by e-mail at
info@visaserve.com or by calling us at 201-670-0006 (x107). In the meantime, please be sure to check out our website at http://www.visaserve.com for updates.  

STATE DEPARTMENT ANNOUNCEMENT: DOS ANNOUNCES U.S. REFUGEE STATUS TO CERTAIN CENTRAL AMERICAN MINORS .     

The U.S. State Department (DOS) announced that it is establishing a refugee program in the three Central American countries that were the source of the majority of the unaccompanied alien children who came to the U.S. in waves this summer. DOS also announced that it would have "some flexibility" in increasing the number of refugee visas allocated to the three countries: El Salvador, Honduras and Guatemala.  

 

The new program's stated intention is to provide "a safe, legal and orderly alternative to the dangerous journey" for children from the three nations. The announcement comes as President Obama is set to grant administrative relief to an estimated five million out-of-status immigrants in the U.S.   

 

The program will allow certain parents who are lawfully present in the U.S. to request access to the U.S. Refugee Admissions Program for their children still in one of these three countries. Children who are found ineligible for refugee admission but who are still at risk of harm may be considered for parole on a case-by-case basis.  

 

Applications for this program are initiated in the U.S. Beginning in December, 2014, a parent lawfully present in the U.S., will be able to file Department of State Form DS-7699 requesting a refugee resettlement interview for an unmarried child under 21 in El Salvador, Guatemala, or Honduras.

 

FOR DETAILED INFORMATION, PLEASE CLICK HERE . . . 

COULD IT BE A "MEXICAN STAND-OFF"? GOP CONSIDERING OPTIONS ON CIR BILL TO BLOCK PRESIDENT'S PROPOSED ADMINISTRATIVE RELIEF.    

In a report recently published by Politico, it was revealed that the actions by Republicans on an Immigration Bill have been "behind the scenes". It is reported that the Republicans have been highly-engaged in internal debate on the CIR [Comprehensive Immigration Reform] issue.

It was reported that the Republicans have been focused and engaged on this issue so as to avert the need for the President to unilaterally issue administrative relief. It's now time to see what the next steps will be in the coming days.
Is a "Mexican stand-off" likely?
 

FOR THE PRESIDENT, A PRODUCTIVE TRIP TO CHINA: U.S. & CHINA EXTEND RECIPROCITY FOR SEVERAL NONIMMIGRANT VISA CATEGORIES.    

Beginning in November, 2014, the U.S. and China will begin issuing visas in accordance with a new reciprocal arrangement. This reciprocal arrangement will increase the validity of short-term business and tourist visas and student and exchange visas issued to each other's citizens.  

 

Chinese applicants, who qualify for a B nonimmigrant visa (NIV), may now be issued a multiple-entry visa for up to 10 years for business and tourist travel. In the same way, a U.S. citizen eligible for a Chinese short-term business and tourist visa, should also receive a multiple-entry visa valid for up to 10 years.  Qualified U.S. students may receive student residency permits valid up to five years, depending on the length of their educational program.

 

This new policy, once again, reaffirms the "golden rule of diplomacy" which is "do unto others as they do unto you".    

 

FOR DETAILED INFORMATION, PLEASE CLICK HERE . . . 

GETTING THE FACTS: FAQS ISSUED FOR THE NEW ARRANGEMENT FOR U.S. & CHINA FOR EXTENDING VARIOUS NONIMMIGRANT VISAS.

U.S. and Chinese citizens who regularly travel back and forth between the U.S. and China will benefit from the longer validity by not having to apply and pay the application fee every year.   

 

Businesses in both countries, including the tourism industry, will benefit from increased travel, investment, and business development opportunities between the two countries.

 
The FAQs include information about application fees, processing times, eligibility criteria and more.

 

TO READ ALL THE "FAQs", PLEASE CLICK HERE . . . 

I-751 CASES TRANSFERRED: USCIS TRANSFERS I-751 WORKLOAD FROM VSC TO CSC.

USCIS recently began transferring some casework from the Vermont Service Center to the California Service Center to balance workloads. The affected casework includes the Form I-751, Petition to Remove the Conditions of Residence.  

 

If your case was transferred, you will receive a transfer notice. The original receipt number will not change and the transfer will not delay the processing of the case. 

 

If you have filed Form I-751 and the USCIS sends you any notice, such as a request for evidence, please read the notice carefully. Make sure you respond to the service center that sent you the notice.   

 

FOR DETAILED INFORMATION, PLEASE CLICK HERE . . . 

THE DECEMBER 2014 VISA BULLETIN IS OUT!!! CHECK OUT YOUR PRIORITY DATE ON THE VISA BULLETIN FOR DECEMBER 2014.

The U.S. Department of State (DOS) has released its December 2014 Visa Bulletin. The Visa Bulletin sets out per-country priority date cutoffs that regulate the flow of adjustment of status (AOS) and consular immigrant visa applications. Foreign nationals may file applications to adjust their status to that of permanent residents or to obtain approval of immigrant visas at a U.S. embassy or consulate abroad, provided that their priority dates are prior to the respective cutoff dates specified by the DOS.

The December Visa Bulletin shows that cut-off dates in the EB-2 India category remain severely backlogged. Cut-off dates in EB-3 for the Rest of the World and China advance by five months, and EB-3 China is now ahead of EB-2 China.

 

FOR MORE 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.
NUNC PRO TUNC - "NOW FOR THEN" - A NICE IMMIGRATION LAW PROCESSING TOOL!

 

The Nunc Pro Tunc concept is an excellent tool to allow individuals who have fallen out of status by no fault of their own to regain status in the United States. Of course, this methodology should not be undertaken without proper legal counsel. 
WHAT DO I DO WHEN MY IMMIGRATION LAW CASE IS DENIED? DO I APPEAL THE IMMIGRATION CASE? MAKE A MOTION TO REOPEN THE CASE? OR, DO I   REFILE THE CASE?

 

What is the strategy to use if your U.S. immigration law case is denied by the USCIS? APPEAL THE IMMIGRATION CASE? MOTION TO REOPEN? REFILE THE CASE? - Many immigration lawyers and immigration attorneys tend to disagree about what is the best way to proceed. 
HAPPY THANKSGIVING TO ALL OUR READERS.

Prayers of thanks and special thanksgiving ceremonies are common among almost all religions after harvests and at other times. The Thanksgiving holiday's history in North America is rooted in English traditions dating from the Protestant Reformation. It also has aspects of a harvest festival, even though the harvest in New England occurs well before the late-November date on which the modern Thanksgiving holiday is celebrated.