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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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UPCOMING EVENT
What HR Professionals Need to Know About Form I-9 Compliance and Business Immigration Compliance In The Trump Administration.
Date:
October 12th, 2020
Time:
1:00 PM to 2:00 PM
Location:
Online
Please feel free to contact us for additional information at [email protected]
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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 . . .
- - - - - - - - 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).
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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 RoadMumbai 400006, India
Call us at
201-670-0006 (x100) for contact details. - - - - - - - - - - - -
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)
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Dear Readers:
In the event that June and July were not exciting enough for you ... we begin to wind-up the "dog days of summer" with: (1) a finding that the DHS Leaders were not authorized to lead at all; and (2) a second H-1B Lottery is run by USCIS for Cap cases for an October 1st start date; and (3) a pro-immigration Vice Presidential pick by Biden; and (4) a back-peddle by the Administration on the President's June 22nd Proclamation; and (5) some interesting judicial "twists and turns" on the Public Chargeability rules. The changes are coming so fast that it is rather dizzying.
When we chose to become immigration lawyers, we did so because we wanted to help our clients to "predict" outcomes for their legal matters. The immigration law landscape for the past three years has been nothing less than total confusion. Our attempts to help our clients predict have been quashed. What we know today is oftentimes changed 180 degrees in a matter of days (or sometimes weeks).
Notwithstanding the confusion, we continue to tell our clients that they need to be "patient and persistent" to get the best possible results that can be achieved. "Patience" because everything has been delayed and "persistent" because nothing in this unfriendly immigration environment is coming without continual follow-up and oftentimes a battle.
We remind our readers that we are US and Canadian immigration lawyers and that we are here to assist you, your staff, your colleagues, your friends and their families to achieve their "American Dreams". For an initial consultation, please feel free to contact the VISASERVE TEAM at [email protected] or by calling us at 201-670-0006 (x104).
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TRUMP'S PRESIDENTIAL PROCLAMATION AND ITS VEILED IMPACT ON FAMILY-BASED IMMIGRATION.
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On April 22nd, 2020, President Trump issued a Presidential Proclamation that suspended the issuance of visas to certain immigrant categories until December 31st, 2020, as a result of the COVID-19 Pandemic. This Proclamation does not impact those beneficiaries who are currently in the United States, however it affects the issuance of visas that would allow certain categories of immigrants from entering the United States. In issuing this Proclamation, the Trump Administration weaponized COVID-19 and stated that it was necessary in order to protect U.S. jobs during a time where the U.S. unemployment rate was skyrocketing. As a result, much of the discussion surrounding this Proclamation involved its impact on employment-based immigration cases. However, there were also significant consequences for family-based immigration cases as a result of this Proclamation.
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USCIS FINAL FEE RULE 2020 - KEY TAKEAWAYS.
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On August 3rd, 2020, The Department of Homeland Security announced a final rule that adjusts fees for certain immigration and naturalization benefit requests to ensure U.S. Citizenship and Immigration Services recovers its costs of services. Unlike most government agencies, USCIS is fee funded. Fees collected and deposited into the Immigration Examinations Fee Account fund nearly 97% of USCIS' budget. The rule, which will be effective October 2nd, 2020, also removes certain fee exemptions, changes fee waiver requirements, alters premium processing time limits, and modifies intercountry adoption processing. Any application, petition, or request postmarked on or after October 2nd, 2020, must be accompanied with the fees set forth in the final rule.
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INJUNCTION OF THE INADMISSIBILITY ON PUBLIC CHARGE GROUNDS FINAL RULE.
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On July 29th, 2020, the U.S. District Court for the Southern District of New York (SDNY) in State of New York, et al. v. DHS, et al. and Make the Road NY et al. v. Cuccinelli, et al. enjoined the Department of Homeland Security (DHS) from enforcing, applying, implementing, or treating as effective the Inadmissibility on Public Charge Grounds Final Rule for any period during which there is a declared national health emergency in response to the COVID-19 outbreak. (84 FR 41292, Aug. 14th, 2019, final rule; as amended by 84 FR 52357, Oct. 2, 2019, final rule correction).
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On August 14th, 2020, USCIS began notifying employers and their immigration attorneys about the results of a second lottery for the FY 2021 H-1B cap. Applicants should login to their USCIS online account and check the status of their H-1B registration accounts for new selections. The newly selected registrations have notices that say, "August 2020 Selection of Reserve Registration" and indicate a filing period of 8/17/2020 - 11/16/2020. USCIS is expected to issue an official announcement about the SECOND LOTTERY, which could disclose the number of H-1B quota slots that remained available. Stay tuned for additional updates.
If you have any questions or need additional information relating to the 2nd round in the H-1B selection process, please contact us anytime by email at [email protected]
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The Government Accountability Office (GAO) found that, under the Federal Vacancies Reform Act of 1998, current Acting DHS Secretary, Chad Wolf, and current Senior Official Performing the Duties of DHS Deputy Secretary, Kenneth Cuccinelli, were named to their positions by reference to an invalid order of succession. GAO found:
Upon Secretary Kirstjen Nielsen's resignation on April 10th, 2019, the official who assumed the title of Acting Secretary had not been designated in the order of succession to serve upon the Secretary's resignation. Because the incorrect official assumed the title of Acting Secretary at that time, subsequent amendments to the order of succession made by that official were invalid and officials who assumed their positions under such amendments, including Chad Wolf and Kenneth Cuccinelli, were named by reference to an invalid order of succession.
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On August 11th, 2020, USCIS announced that it will automatically extend parole, and employment authorization if applicable, for parolees who timely applied for Commonwealth of the Northern Mariana Islands (CNMI) long-term resident status.
This specific extension of parole applies only to current parolees who timely filed Form I-955, Application for CNMI Long-Term Resident Status, and Form I-765, Application for Employment Authorization, and whose applications remain pending on August 17th. USCIS will automatically extend their parole (and employment authorization, if applicable) without interruption through December 31st, 2020, or the date that USCIS makes a final decision on the parolee's Form I-955 and Form I-765, whichever is earlier.
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DOS VISA BULLETIN UPDATE: VISA BULLETIN FOR AUGUST 2020 - IF YOUR "PRIORITY DATE" IS CURRENT, PLEASE LET US KNOW?
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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.
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CANADIAN IMMIGRATION LAW NEWS.
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INTERNATIONAL STUDENTS IN CANADA: APPLYING FOR A STUDY PERMIT FROM OUTSIDE CANADA?
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IRCC announced a 2-stage process to help international students starting online programs from outside Canada. This process will only apply to study permit applications submitted by September 15th, 2020 and for programs starting in the Spring, Summer or Fall 2020.
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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 a 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.
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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 . . .
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MARRIAGE FIANCE & FAMILY CASES AND THE IMPORTANCE OF A VALID AND LEGALLY SUFFICIENT BIRTH CERTIFICATE.
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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
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FOR U.S. IMMIGRATION PURPOSES WHEN APPLYING FOR THE GREEN CARD THROUGH MARRIAGE IT IS IMPORTANT TO PROVE THE BONA FIDES OF THE MARRIAGE RELATIONSHIP IN THE PAPERS AND AT THE INTERVIEW.
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Our clients often ask ... what documents are used to help to determine if there is a bona fide marriage?
- 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.
- Letters between the couple before the marriage, with their postmarked envelope.
- 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.
- Birth certificates of children of the marriage.
- Copies of joint income tax returns.
- Evidence of joint checking or savings accounts.
- Photo ID cards of both spouses with a new card if either spouse has a new married name.
- Driver's licenses, credit cards, check cashing cards, employment ID cards, video club memberships, etc. for both parties.
- Real property deeds showing joint tenancy.
- 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.
- Letter from an employer showing a change in records to reflect the spouses' new marital status.
- Letter from an employer showing designation of the spouse as the person to be notified in event of accident, sickness, or other emergency.
- Evidence of life insurance policies where the spouse is named as beneficiary.
- Evidence of medical or health insurance plans, which name the spouse as a member or beneficiary.
- Evidence of correspondence between parties, including letters, birthday and holiday cards, telephone calls, and other correspondence addressed to the parties.
- Religious marriage certificate if the couple had a church wedding.
- Copies of gas, electric, telephone and other utility bills.
- Evidence of joint ownership of an automobile.
- Evidence of all major purchases made together, such as stereo, television, refrigerator, washer, dryer, etc.
- Pictures of spouse and family.
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