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UPCOMING NPZ SPEAKING
EVENTS:
AN I-9 FORM ROUNDTABLE FOR HUMAN RESOURCE MANAGERS AND PROFESSIONALS.
When: December 10th, 2015
Time: 12:30 PM
- 2:00 PM
Where:
RSVP BY: December 9th, 2015 [Attendance is FREE but limited]
BERGEN COUNTY BAR ASSOCIATION'S
U.S. IMMIGRATION LAW UPDATE 2015
When: December 7th, 2015
Time: 12:00 PM to 2:00 PM
Where: 15 Bergen St.
Hackensack, NJ 07601
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Quick Links
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:: 201-670-0006 (X100)
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OUR OFFICES:
NEW JERSEY OFFICE:
VISASERVE Plaza
487 Goffle Road
Ridgewood, NJ 07450
Phone: 201-670-0006 (x107)
NEW YORK OFFICE:
108 West 39th Street
8th Floor, Suite 800
New York, NY 10018
Phone: 1-866-599-3625
INDIANA OFFICE:
Indianapolis City Center
201 North Illinois Street
16th Floor, South Tower
Indianapolis, IN 46204
Phone: 317-936-6600
BOSTON AREA OFFICE:
300 Brickstone Square
Suite 201
Andover, Massachusetts
01810
ATT: Call Rabindra Singh, Esq. at 125
INDIA AFFILIATED OFFICE:
Kaival Chalishazar, Adv.
Kaival Chalishazar & Co.
22 Vasant Kunj
New Sharda Mandir Road, Paldi, Ahmedabad 380007, India
ATT: Call Kaival at x130
(This office provides on the ground services to our Indian clients such as India Divorce, India Real Estate Purchase and Sale, Business Sale Purchase, Adoption, Litigation and High Court Complaints.
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OF COUNSEL:
Law Office of Michael Phulwani
F603 Remi Biz Court
Veera Desai Road
Andheri West
Mumbai 400 053, India
ATT: Ask for Sangeeta
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Dear Readers:
The tragic events that occurred in Paris on Friday are confusing and beg many questions. The staff of the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. send deepest condolences to the families of those who perished and wishes for speedy recovery for those that were injured. Everyone was emotionally injured by this senseless incident. Ultimately, we continue to be reminded how important the government screening process continues to be in the immigration and visa application process.
Our office receives inquiries daily from individuals whose cases are held under 221(g) - administrative processing. It is often difficult for many of our clients to understand and/or cope-with the significant wait times when a 221G notification is issued by the U.S. Consulate. However, the work of the U.S. Department of State (DOS) (along with partners in Interpol, the NSA and the CIA, etc.) continues to ensure that individuals who are coming to the U.S. do not have violent and/or malicious intentions toward our nation.
In the wake of the events in Paris (and the mass immigration across Europe by individuals fleeing the war-torn Middle East), there is likely to be a great deal of additional anti-immigration rhetoric promulgated (especially since this is an election year). Under the circumstances, we wish to remind our readers that "immigrants" are not "terrorists". "Terrorists" are "terrorists". In addition, contrary to the vacuous words of Donald Trump, the U.S. continues to be a "nation of immigrants" and immigrants who have come, and continue to come, to U.S. shores make many valuable social, cultural and financial contributions.
To echo President Obama, we stand by the people of France at this difficult time. We pray that France's deep wounds heal swiftly.
For more information about any business or family immigration matter, please feel free to contact any of the U.S. and/or Canadian immigration lawyers at the NPZ Law Group by e-mailing to us at info@visaserve.com or by calling us at 201-670-0006 (x100).
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THE NACHMAN PHULWANI ZIMOVCAK (NPZ) LAW GROUP URGES PROMPT APPEAL TO THE SUPREME COURT OF THE FLAWED FIFTH CIRCUIT DECISION.
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In a disappointing but unsurprising decision, a divided panel of the Fifth Circuit Court of Appeals denied the federal government's appeal of the preliminary injunction that has temporarily stopped President Obama's latest deferred action initiatives from being implemented. This decision clears the way for the Obama Administration to take this case to the U.S. Supreme Court. The American Immigration Council urges the Administration to act promptly and seek immediate Supreme Court review.
The deferred action initiatives, announced almost one year ago, in November 2014, include Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and an expansion of Deferred Action for Childhood Arrivals (DACA). Together, these initiatives could provide as many as 5 million immigrants with temporary relief from deportation. The decision today means that the initiatives remain suspended.
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SUMMARY OF THE MAJOR PROVISIONS OF THE RECENTLY PROMULGATED REGULATORY ACTION F-1 OPT STEM EXTENSION.
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On October 19th, 2015, the U.S. Department of Homeland Security (DHS) proposed to amend its F-1 nonimmigrant student visa regulations on optional practical training (OPT) for certain students with degrees in science, technology, engineering, or mathematics (STEM) from U.S. institutions of higher education. The comments are due by November 18th, 2015. In addition to improving the integrity and value of the STEM OPT program, this proposed rule also responds to a court decision that vacated a 2008 DHS regulation on procedural grounds. The proposed rule includes changes to the policies announced in the 2008 rule to further enhance the academic benefit provided by STEM OPT extensions and increase oversight, which will better ensure that students gain valuable practical STEM experience that supplements knowledge gained through their academic studies, while preventing adverse effects to U.S. workers.
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"KNOW BEFORE YOU GO": NPZ LAW GROUP HELPS EASE THE STRESS OF HOLIDAY TRAVEL FOR CERTAIN FOREIGN NATIONALS.
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This the season to be jolly . . . but it is also the season when international travel can be a folly. Many foreign nationals will be traveling outside the U.S. during the holidays. This holiday travel usually extends from the end of December through the middle of January. Of course, for some, holiday travel often seems to entail a visit to the friendly Customs and Border Protection (CBP) Officer. For others, holiday travel may entail a visit to the U.S. Consulate Office in a home or third-country.
The NPZ Law Group has posted many instructional videos on the internet which you can view on YOUTUBE about some of the nuances of international travel and seeking visas at U.S. Consular Offices. We recommend these videos for those who will be traveling. If you do not have time to view those videos, there are a few basic tips that will help to ease any potentially unpleasant international travel/return issues to the United States.
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USCIS WITHDRAWS ITS DRAFT MEMORANDUM ON "THE ROLE AND USE OF INTERPRETERS" FROM WEB.
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On November 10th, 2015, USCIS public engagement division, in an e-mail, announced the deletion of the policy memorandum entitled: "The Role and Use of Interpreters" from the web until further notice. The policy memorandum provided guidance regarding the role and use of interpreters, as well as ensured the consistent use of interpreters who appear before USCIS during certain interviews conducted in domestic field offices.
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DHS ISSUES NEPALI F-1 UPDATE: EADS FOR CERTAIN QUALIFIED NEPALI STUDENTS.
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Recently DHS announced that the Secretary of Homeland Security (Secretary) has suspended certain regulatory requirements for F-1 nonimmigrant students whose country of citizenship is the Federal Democratic Republic of Nepal (hereinafter ''Nepal'') and who are experiencing severe economic hardship as a direct result of the earthquake in the Federal Democratic Republic of Nepal on April 25th, 2015. The Secretary is taking action to provide relief to Nepali citizens who are F-1 students so they may request employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain their F-1 student status.
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THE DECEMBER 2015 VISA BULLETIN: DOS REPORTS DECEMBER 2015 VISA NUMBERS - IS YOUR PRIORITY DATE CURRENT? IF SO, PLEASE LET US KNOW.
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The USCIS recently posted an announcement on its website informing adjustment of status applicants that they must use the "Application Final Action Dates" chart in the DOS Visa Bulletin for December 2015 for employment-based filings. The USCIS stated that family-sponsored adjustment of status applicants may use the "Dates for Filing Visa Applications" chart in the December 2015 Visa Bulletin. Contrary to the tremendous criticism, this announcement seems to clearly indicate that the new methodology for designation of when the Adjustment of Status filing must be made is "here to stay".
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SE HABLA ESPANOL - OUR STAFF SPEAKS SPANISH AND MANY OTHER LANGUAGES.
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COMUNICADO DE PRENSA - PARA DIFUSIÓN INMEDIATA: En una decisión decepcionante, pero poco sorprendente, un panel dividido de la Corte del Quinto Circuito de Apelaciones rechazó la apelación de la medida cautelar que ha detenido temporalmente últimas iniciativas de acción diferida del presidente Obama de ser implementado por el gobierno federal. Esta decisión despeja el camino para que el gobierno de Obama debe tomar este caso a la Corte Suprema de los Estados Unidos. El Consejo de Inmigración estadounidense insta a la Administración a actuar con prontitud y buscar una inmediata revisión de la Corte Suprema.
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"IMMIGRATION NEWS AND VIEWS" - NPZ'S NEW PRACTICAL SERIES ON YOUTUBE ABOUT VARIOUS U.S. AND CANADIAN IMMIGRATION LAW ISSUES.
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214B CONSULATE DENIAL | ADMINISTRATIVE PROCESSING | SECTION 221G HOLD | PREPARING FOR MEETINGS WITH THE CONSULAR OFFICERS.
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Biggest Concerns On the Denial Process
* They don't seem to spend the time it's a very quick interview
* They quickly assess the person without looking at the documents
* The Officer does not even acknowledge the documents
* As an example: an individual's traveling to the United States and they're coming on a visitor's visa, and maybe they have an invitation letter maybe they have proof, an invitation letter, bank accounts, have a lease, proof of assets and ownership etc....
* Even a letter of the employer that states that they are going to be coming to the US temporarily, and then returning back home
* The Officer looks at the person and asks them a couple of questions, and then they send them away and deny the case, which is very frustrating
214B Denial at the Consulate -
* When a nonimmigrant visa application such as visitor visa or tourist visa application does not meet the US visa requirements, the US visa application may be denied.
* Problem with this is it's up to the officer's discretion whether or not he believes you are going to stay for how long you indicated.
* Therefore if he or she doesn't like the way you look, or gain some form of trust then you are automatically given this denial.
Why does this occur?
* When people come for a visa outside the consulate you see 1000 people waiting in line
* They must deny or approve 100 applications within a few hours
* There have been previous cases where tax returns were false papers, also because many immigrants will try an come with a large amount of documents, and the consulate does not have time to verify each document to make sure that it is accurate
Tips for avoiding 214B Denial
* You have to be ready, articulate, as well as logical.
* We spend time coaching our clients so we can understand what it is that may be asked and have them ready to answer any questions
Administrative Processing under 221G
* Also known as Security Advisory Opinion (SAO), is the time period during which visa applications undergo additional review outside of the "normal" \visa processing times.
* Administrative processing takes place after the visa interview.
* The Administrative process has long pending processes because of the limited resources and staff.
* There needs to be more money, more administration, and more officers to be able to speed up this process
Section 221G
* Section 221(g) of the Immigration and Nationality Act is also a common reason for visa refusals.
* A refusal under Section 221(g) means that the applicant failed to submit some information or a document, or that some further review by the Embassy is required.
* When an applicant is refused under Section 221(g), the consular officer gives him or her a letter that explains what, if anything, the applicant needs to do.
Meeting with the Consular Officers
* Will highlight the frustrations of our clients and the public that brings frustration to us
* And the open channel of communication is extremely valuable
* If you go there complaining they shut down immediately however If you go there respectfully then they're much more willing to listen
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