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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:
Further to President Obama's Executive Actions issued in November 2014, the U.S. Citizenship and Immigration Service USCIS and the U.S. Department of State (DOS) will allow individuals who were waiting in the cue to be able to "file" their applications to adjust status (i.e., to become a permanent resident or green card holder). Although they will not be able to obtain lawful permanent residency until the visa becomes available, filing the application will allow them to obtain work authorization and travel documents while they wait.
By way of background, people either may apply for an immigrant visa at a U.S. Consulate Office abroad (i.e., with DOS), or, if they are in the United States, and meet certain status and other requirements, they may apply to USCIS to adjust their status. Eligibility depends upon when a visa number will be available. DOS publishes a Visa Bulletin on a monthly basis, which informs people where they are in the cue. When there is more demand then supply for visas, DOS establishes a "cut-off" date, so that only people with earlier priority dates may apply. Visa availability is estimated based-upon the demand.
On October 1st, both DOS and USCIS will utilize a second chart in the visa bulletin which is intended to allow more people to file applications in a given month, based on better estimates as to how many visas are available in the various categories, taking into account the various numerical limits.
However, this step is limited. As caps for particular categories/particular countries are reached, the earlier filing will not be available. The new approach does not change the fact that there are not enough immigrant visas available for all of the people who are currently eligible for them. Only comprehensive immigration reform will solve this issue.
This week, several members of the NPZ Law Group staff will be visiting the Vermont Service Center (VSC) in Essex, Vermont, and will have an opportunity to meet, and chat, with USCIS Officers (and staff) who adjudicate applications and petitions. We continue to find our attendance to be extremely valuable.
Just before the August recess, both chambers of Congress were talking about immigration and holding Committee hearings to look at current immigration enforcement. We are keeping a close eye on the fact that September 30th presents a deadline for passing a spending bill to avert a government shutdown.
September 30th also is the date on which three important visa programs and the E-verify program are due to sunset (or expire), unless they are extended by Congress. These three programs are:
1. The EB-5 Investor Program: The EB-5 program was created in 1990 to stimulate job growth and capital investment. It is the only visa program for investors that leads to permanent residence and it requires that applicants invest $1 million (or $500,000 if the investment is in a rural or high-unemployment area) and create at least 10 jobs.
2. The Conrad 30 Program: This Program, created in 1994, allows certain physicians who trained in the U.S. on J-1 visas to obtain a waiver of the two-year home residence requirement. In exchange for the waiver, the physician must work for at least three years treating medically underserved populations.
3. The Special Immigrant Non-Minister Religious Worker Program: This Program, created in 1990, allows non-ministers or other lay religious workers to come to the U.S.
Additionally, the Pope is visiting the U.S. and the Pope's address of Congress is scheduled for September 24th. It is anticipated that the Pope's address will include a discussion of how the U.S. should treat immigrants and refugees. Last year, he called the surge of Central American children crossing the border into the U.S. a 'humanitarian emergency.'
For ways that the immigration and nationality lawyers and immigration attorneys at the Nachman Phulwani Zimovcak (NPZ) Law Group can assist you, your family members, your friends, or your colleagues, please feel free to give us a call at 201-670-0006 (x107). Alternatively, you can also feel free to e-mail to us at info@visaserve.com
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United States Citizenship and Immigration Services (USCIS), in coordination with the Department of State (DOS), has revised the procedures for determining visa availability for applicants waiting to file for employment-based or family-sponsored preference adjustment of status. The revised process will better align with procedures DOS uses for foreign nationals who seek to become U.S. permanent residents by applying for immigrant visas at U.S. consulates and embassies abroad.
This revised process will enhance the DOS' ability to more accurately predict overall immigrant visa demand and determine the cut-off dates for visa issuance published in the Visa Bulletin. This will help ensure that the maximum number of immigrant visas are issued annually as intended by Congress, and minimize month-to-month fluctuations in Visa Bulletin final action dates.
For more information, or if you believe that you or a friend or colleague may be able to benefit from this recent announcement about the visa bulletin, please feel free to contact the Immigration and Nationality Lawyers at the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. at 201-670-0006 (x107) or by e-mailing us at info@visaserve.com
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NEW CONSIDERATIONS: WHEN TO FILE YOUR ADJUSTMENT OF STATUS APPLICATION FOR FAMILY-BASED OR EMPLOYMENT-BASED PREFERENCE VISAS.
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Are you seeking to adjust your status and become a U.S. permanent resident or green card holder in the U.S. under a family-sponsored or employment-based preference immigrant visa? If you have not yet had a relative or employer file an immigrant visa petition on your behalf, you can learn more about the Adjustment of Status Filing Process. If you already have a petition filed or approved on your behalf, you may have to wait for an available visa in your category (if applicable) before you can file your Form I-485, Application to Register Permanent Residence or Adjust Status. The linked page(s) will help you determine when to file your adjustment of status application.
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Recently USCIS released an ALERT telling all applicants to be cautious about immigration scams and fraudulent USCIS websites.
Before you submit an application, petition, or request with U.S. Citizenship and Immigration Services (USCIS), make sure you are getting the correct information from the right place. Some commercial websites may put you at risk of becoming a victim of an immigration scam. The recent release points out the importance of (1) Making sure you are on the right website; (2) Considering Using the USCIS Electronic Immigration System; (3) Seeking Help From Licensed Attorneys or Organizations Recognized by USCIS or the Department of Justice's Board of Immigration Appeals; (4) Be Careful When Seeking Assistance to Prepare a Form. Many other points should be kept in mind while fling an application, petition or request with USCIS.
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YEMEN TPS ANNOUNCEMENT: TPS UPDATES AND ANNOUNCEMENT: TEMPORARY PROTECTED STATUS FOR YEMEN
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On September 3rd, 2015, USCIS issued a press release stating that
Secretary of Homeland Security, Jeh Johnson, has decided to designate Yemeni nationals for the Temporary Protected Status (TPS) for 18 months
due to the ongoing armed conflict within the country. As a result of Yemen's designation for TPS, eligible nationals of Yemen residing in the United States may apply for TPS with U.S. Citizenship and Immigration Services (USCIS).
TPS designation for Yemen is effective September 3rd, 2015, and will be in effect through March 3rd, 2017. The designation means that, during the designated period, eligible nationals of Yemen (and people without nationality who last habitually resided in Yemen) who are approved for TPS will not be removed from the United States and may receive an Employment Authorization Document (EAD).
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CBP ANNOUNCEMENT ABOUT UPGRADES: CBP LAUNCHES A REDESIGNED ESTA WEBSITE FOR VISA WAIVER PROGRAM VISITORS.
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On September 10th, CBP announced the launch of redesigned ESTA website for Visa Waiver Program visitors to apply for an Electronic System for Travel Authorization (ESTA) prior to traveling to the United States. The new website makes the process of applying for an ESTA more user-friendly and will improve and better facilitate the experience for VWP travelers wishing to visit the United States. The website has new and improved functionality and navigation capabilities including some updated features such as access to frequently asked questions (an FAQ). At any time during the application process, a site user can change the page into 23 different languages, group features have also been moved to the beginning of the application making it easier for families and groups to submit applications at once.
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THE OCTOBER VISA BULLETIN: CAN YOU NOW FILE FOR AOS BEFORE YOUR PRIORITY DATE IS CURRENT?
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A new
monthly visa bulletin summarizes the availability of immigrant numbers during October for: "Application Final Action Dates" (consistent with prior Visa Bulletins) and "Dates for Filing Applications," indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
Unless otherwise indicated, individuals seeking to file applications for adjustment of status with U.S. Citizenship and Immigration Services (USCIS) must use the "Application Final Action Dates" charts below for determining when they can file such applications. This bulletin may indicate the ability for such individuals to use the "Dates for Filing Visa Applications" charts, when USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas.
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SE HABLA ESPANOL - OUR STAFF SPEAKS SPANISH (AND MANY OTHER LANGUAGES).
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Reconociendo la necesidad de las empresas de los Estados Unidos en contratar y retener a los trabajadores estadounidenses nacidos en el extranjero altamente cualificados, sobre todo de la India y China, que permanecen atrapados en la misma empresa durante años con el fin de obtener una tarjeta de residencia basada en el empleo (tarjeta verde o "green card"), el Departamento de Seguridad de Estado (DHS) está trabajando en una propuesta de norma que permitirá a determinados beneficiarios de una Petición de Inmigrante para Trabajadores Extranjeros (Formulario I-140) que ya esté aprobada, para obtener un Documento de Autorización de Empleo (EAD), y participar en avances en las ciencias naturales. Se espera que el DHS publique la regla propuesta durante el primer trimestre del nuevo año fiscal que comienza el 1 de octubre de 2015. -
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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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US IMMIGRATION AND NATIONALITY LAW UPDATES: NPZ VISA UPDATES, CROSS CHARGEABILITY - VISA BULLETIN UPDATES, IS YOUR GREEN CARD PRIORITY DATE CURRENT? IF SO PLEASE LET US KNOW.
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Priority dates:
* A lot of movement for most preference categories in the family preference category.
* Employment based 1st preference is current.
* Employment 2nd preference is current for all other countries except India, China and Philippines.
* Employment 3rd preference is almost current for all other countries except India, China, and Philippines.
* Employment 4th preference is current for everyone.
* Employment 5th preference is current for everyone.
Cross Chargeability:
* Individuals who are in a category that is either progressing slowly or has retrogressed should consider cross chargeability. This is done if a spouse is from another country that is progressing normally or is current.
Filing Immigrant Visa Petitions or not:
* If cross chargeability is not available and person is considering filing a petition or not filing, it is encouraged to file a petition. Priority dates are always subject to change and once in the system, if there is positive movement, a person can take advantage of changes which include CIR.
* Disadvantage of filing is that no casual travel can be done due to the issue of 214(b). The issue of intent has been made once an immigrant visa is filed, therefore applications for non-immigrant visa applications may be difficult to obtain. Alternate option would be to file non-immigrant visa applications such as visitor or student visas before filing an I-130 petition. This would allow for travel back and forth while petition is pending.
ID's being issued to Illegal Immigrants:
* Certain states are issuing driver license's and Id cards.
* Obama administration has stated that preferences should be made towards prosecution of illegal immigrants through prosecutorial discretion. Those with serious crimes should be on the top priority including terrorists, and those will only immigration infractions should be on the bottom of the list.
* Talks of immigration reform and addressing illegal immigration, as well as reforming legal immigration programs. Suggestions should have a balance of addressing both.
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HOW TO APPLY FOR A VISA AT THE U.S. CONSULATE ON INDIA. AN INSTRUCTIVE VIDEO.
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HOW TO APPLY FOR A VISA AT THE U.S. CONSULATE ON INDIA. AN INSTRUCTIVE VIDEO.
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