Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. - U.S. and Canadian Immigration and Nationality Law Newsletter and Updates.
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In This Issue:
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FOR YOUR U.S. AND CANADIAN IMMIGRATION LAW QUERIES PLEASE FEEL FREE TO GIVE US A CALL.

:: 201-670-0006 
(ext. 100)


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HEAR ABOUT YOUR IMMIGRATION LAW ISSUE:

NPZ LAW GROUP - US and CANADA Immigration and Nationality Law Podcast Library is available to you
on . . .
 
 
 
 
 
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PRESS RELEASE: DAVID H. NACHMAN, ESQ.  CONTINUES
 TO SERVE
 AS CHAIR OF THE NJSBA INTERNATIONAL LAW COMMITTEE.


 
  David Nachman, Esq., one of the Managing Attorneys at the
 Immigration
 and Nationality Law Firm of Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. - VISASERVE - continues to serve as Chair of the International Law Section of the New Jersey State Bar Association (NJSBA). 

 
KNOW YOUR RIGHTS!
 

If you are stopped by an Immigration Official or Police Officer; you can choose to ... 
 

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AT NPZ ... WE SPEAK YOUR LANGUAGE:
 
 
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NPZ'S OFFICES*:

NPZ'S NORTHERN NEW JERSEY OFFICE:

VISASERVE Plaza
487 Goffle Road
Ridgewood, NJ 07450
Phone: 201-670-0006 (x107)

Please feel free to ask about our presence in Boston, MA. and in Chicago, IL.

* Please note that our immigration law practice is national and international in scope. We assist our clients throughout the U.S. and throughout the world.

NPZ'S CENTRAL NEW JERSEY OFFICE:
 
907 U.S. Highway
#202 North,
Raritan, NJ   
Phone: 1-866-599-3625

NEW YORK CITY OFFICE:

108 West 39th Street
8th Floor, Suite 800
New York, NY 10018
Phone: 1-866-599-3625 

INDIANA OFFICE:

201 North Illinois Street
16th Floor, South Tower
Indianapolis, IN 46204
Phone: 317-936-6600
 
CANADA AFFILIATED OFFICE:

VISASERVE - Canada
2980 Drew Road
Suite 225
Mississauga, 
ON L4T 0A7
Phone: 905-499-3853

INDIA AFFILIATED OFFICES:

Gujarat Office in India
 
If you are looking for
 a local contact in 
Gujarat (India), please 
call us or send us an 
email at 
and we will point you in the appropriate direction. We have numerous individuals and organizations with 
whom we have relationships in Gujarat and the organizations/persons with whom we work depend upon your demographics in 
Gujarat (India) and the type of case you may 
be calling about. 
 
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Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. (Mailing Address only - Offices
in Mumbai) . 
 
c/o Mr. Shishir Goyal, Authorized Agent 
  201 Nepean House 
85 Nepean Sea Road
Mumbai 400006, India 

Call us at 
201-670-0006 (x100) 
for contact details.  
 
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Shekhar Raj Sharma 

SRS Legal 
A1/134, Safdurjung Enclave,
Lower Ground Floor
New Delhi-29, India 
  
(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)
Dear Readers:
 
The outbreak of the novel corona virus (COVID-19) has been declared a "pandemic" by the World Health Organization (WHO). Numerous countries, including the US, have implemented travel or entry restrictions at ports-of-entry. The proposed changes impact nonimmigrant visa holders as well as certain immigrants. 
 
The outbreak  disrupted immigration services  in the US . The NPZ Immigration and Nationality Lawyers continue to monitor travel  restrictions around the world. Just as we thought that things were returning to the "new normal" ... we heard that USCIS was soon to furlough its staff. Then, this past week, we heard that  USCIS postponed its plan to furlough about 13,400 employees until August 31st. 
 
Thankfully, we are given to understand that the  State Department   will soon resume visa services   on a post-by-post basis at US embassies and consulates around the world. Family of U.S. citizens, students, and emergency travel appointments will resume first. DOS provided no further information about which embassies would reopen first or when services would start again. Perhaps the best news of late ... the  Trump Administration rescinded a policy that would have stripped US visas from foreign students if their courses were entirely online in the Fall. 
 
We remind our readers that we are US and Canadian immigration and nationality lawyers. We are pleased to assist you, your colleagues, your friends, and your family members. Please feel free to contact us at NPZ Law Group or, in the alternative, please feel free to call us anytime at 201-670-0006 (x104).  
IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE) UPDATES SEVP GUIDANCE FOR INTERNATIONAL STUDENTS WHO ARE ATTENDING PROGRAMS FOR THE 2020 FALL SEMESTER.
On July 24th, 2020, ICE issued an update on the Federal guidance for the Fall 2020 semester students which states that the F and M students and schools certified by SEVP should abide by guidance issued in March 2020.
 
The updated guidance enables schools and students to engage in distance learning in excess of regulatory limits due to the public health emergency generated by COVID-19. The March 2020 guidance applies to nonimmigrant students who were actively enrolled at a U.S. school on March 9th and are otherwise complying with the terms of their nonimmigrant status, whether from inside the U.S. or abroad. SEVP will not issue a temporary final rule impacting nonimmigrant students for the Fall school term.  

THE NEW FACE OF DHS: USCIS LAUNCHES AN UPDATED WEBSITE.
On July 21st, 2020, USCIS launched a redesigned uscis.gov website, which USCIS designed with input from applicants, petitioners, and the public. In addition to a new look and feel, USCIS has improved the website to help web visitors better navigate USCIS existing online tools and resources, as well as to file and manage applications and petitions online.
 
USCIS is also making information about its processes easier to find by streamlining the USCIS navigation based on user feedback, data and best practices. The updates will be uniform across all USCIS websites, including, uscis.gov, myUSCIS and Case Status Online. 
 
I-9 FORM UPDFATES FOR HR PROFESSIONALS: DHS EXTENDS FORM I-9 REQUIREMENT FLEXIBILITY. 
The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19.
 
This temporary guidance was set to expire July 19th. Because of ongoing precautions related to COVID-19, DHS has extended this policy for an additional 30 days.
 
On July 24th, 2020, USCIS updated the USCIS Policy Manual with clarifying guidance about the deployment of investment capital under the EB-5 Immigrant Investor Program. It addresses the deployment of capital by a new commercial enterprise before jobs have been created. It also further explains the deployment of capital after an immigrant investor meets the program's job creation requirements.
 
On July 28th, 2020, Acting Secretary of Homeland Security Chad F. Wolf announced that in response to the Supreme Court's decision, the Department of Homeland Security will take action to thoughtfully consider the future of the DACA policy, including whether to fully rescind the program.

In the interim and to address serious concerns with the policy, the Department of Homeland Security will make the following changes to DACA immediately:
  • Reject all initial requests for DACA and associated applications for Employment Authorization Documents;
  • Reject new and pending requests for advanced parole absent exceptional circumstances; and,
  • Limit the period of renewed deferred action granted pursuant to the DACA policy after the issuance of this memorandum to one year.
TO READ MORE, PLEASE CLICK HERE . . . 
DOS VISA BULLETIN UPDATE: VISA BULLETIN FOR AUGUST 2020 - IF YOUR "PRIORITY DATE" IS CURRENT, PLEASE LET US KNOW?
Employment-Based, First Preference (EB-1) Category
 
The EB-1 China and India categories continue to advance. The cutoff date for both is now set at February 8, 2018. The category remains current for all other countries of chargeability.

Employment-Based, Second Preference (EB-2) Category
 
The EB-2 category remains current for all countries of chargeability except India and China. EB-2 India stalls at its cutoff date of July 8, 2009. EB-2 China advances to January 15, 2016.

Employment-Based, Third Preference (EB- 3) Category

The cutoff date for EB-3 India advances to October 1, 2009. It now has a more favorable cutoff date than its EB-2 counterpart. EB-3 China's cutoff date is set at February 15, 2017. All other cutoff dates for the EB-3 category advance to April 1, 2019.

EB-3 Other Workers
 
With the exception of China, the cutoff dates for EB-3 other workers are the same for each country as its respective EB-3 cutoff dates. For China, the cutoff date for EB-3 other workers moves to August 1, 2008.

Employment-Based, Fourth Preference (EB-4) Category
 
The cutoff date for EB-4 Mexico remains stuck at June 15, 2018. Meanwhile, the EB-4 cutoff date for El Salvador, Guatemala, and Honduras moves to April 1, 2017. This category remains current for all other countries of chargeability.

Employment-Based, Fifth Preference (EB-5) Category
 
The EB-5 category remains current for all countries of chargeability, other than China and Vietnam. For China, the EB-5 cutoff date moves to August 8, 2015. For Vietnam, the EB-5 cutoff date moves to July 22, 2017.
 
 
CANADIAN IMMIGRATION LAW NEWS .

INTERNATIONAL STUDENTS IN CANADA: APPLYING FOR A STUDY PERMIT FROM OUTSIDE CANADA?
IRCC announced 2-stage process to help international students starting online program from outside Canada. This process will only apply to study permit applications submitted by September 15th, 2020 and for programs starting in spring, summer or Fall 2020. 
 
Until further notice, IRCC issued a public policy to exempt temporary resident applicants applying from within Canada from having to give their biometrics until further notice. The exemption applies to applicants applying for an extension of work permit, a new work permit, an extension of a study permit, a new study permit, a visitor visa, restoration of temporary resident status, and a temporary resident permit.

On July 23rd, 2020, The Minister of Citizenship and Immigration issued 3,343 Invitations to Apply ("ITA") for Permanent Residence under the Express Entry system.

The minimum Comprehensive Ranking Score ("CRS") is currently 445 or higher. This draw only included candidates who adjusted their Canadian Experience Class ("CEC") with Express Entry. The cut-off score was higher by 14 points from the last CEC score of 431. 
 

CHECKOUT VISASERVE'S REGULARLY UPDATED YOUTUBE VIDEO LIBRARY (SOME SELECTIONS BELOW) ABOUT U.S. AND CANADIAN IMMIGRATION LAWS:

"IMMIGRATION NEWS AND VIEWS" - NPZ'S NEW PRACTICAL SERIES ON YOUTUBE ABOUT VARIOUS U.S. AND CANADIAN IMMIGRATION LAW ISSUES.

Check us out at . . .

 
MARRIAGE FIANCE & FAMILY CASES AND THE IMPORTANCE OF A VALID AND LEGALLY SUFFICIENT BIRTH CERTIFICATE.

Birth Certificate - A copy of the applicant's foreign birth certificate or sufficient secondary evidence of birth must be submitted to establish the applicant's country of citizenship for visa chargeability, identity, and existence of derivative relationships.  [2] Each foreign birth certificate must include a certified English translation.  [3] 
Officers should check the  Department of State's Country Reciprocity Schedule to determine availability of birth certificates as well as acceptable secondary evidence of birth for specific countries. Unavailability of Records and the Use of Affidavits - There are certain situations where an applicant may not be able to provide the required primary evidence but may be able to submit secondary evidence. When submitting secondary evidence, an applicant must establish that the required primary document is unavailable or does not exist
BONA FIDES OF MARRIAGE.

Our clients often ask ... what documents are used to help to determine if there is a bona fide marriage?
  1. Photographs that show both spouses together and with family and friends. These photographs can be taken at the wedding, at other functions or events, and throughout their relationship.
  2. Letters between the couple before the marriage, with their postmarked envelope.
  3. Evidence of trips the couple has taken together, including bills and receipts reflecting hotel stays, car rental, plane tickets, postcards sent to family members while on the trip.
  4. Birth certificates of children of the marriage.
  5. Copies of joint income tax returns.
  6. Evidence of joint checking or savings accounts.
  7. Photo ID cards of both spouses with a new card if either spouse has a new married name.
  8. Driver's licenses, credit cards, check cashing cards, employment ID cards, video club memberships, etc. for both parties.
  9. Real property deeds showing joint tenancy.
  10. Apartment lease or a letter from the landlord indicating that both spouses live at the apartment or copies of rent receipts showing both parties' names.
  11. Letter from an employer showing a change in records to reflect the spouses' new marital status.
  12. Letter from an employer showing designation of the spouse as the person to be notified in event of accident, sickness, or other emergency.
  13. Evidence of life insurance policies where the spouse is named as beneficiary.
  14. Evidence of medical or health insurance plans, which name the spouse as a member or beneficiary.
  15. Evidence of correspondence between parties, including letters, birthday and holiday cards, telephone calls, and other correspondence addressed to the parties.
  16. Religious marriage certificate if the couple had a church wedding.
  17. Copies of gas, electric, telephone and other utility bills.
  18. Evidence of joint ownership of an automobile.
  19. Evidence of all major purchases made together, such as stereo, television, refrigerator, washer, dryer, etc.
  20. Pictures of spouse and family.