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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:
The biggest news on everyone's radar is the fact that it looks like the USCIS fees will be going up (in some cases significantly) on October 2nd.
We continue to work diligently with NPZ clients and our new prospective clients to file their cases with celerity to try to save them a little money.
Further to previous reports, litigation of immigration cases appears to be somewhat productive. A recent injunction will allow for diversity visas to move forward and to be issued prior to September 30th. If you are the beneficiary of an approved diversity lottery visa, you will need to act fast.
On the flipside, a recent injunction was dissolved and we are awaiting further guidance on the prospective use of the I-944 Form in connection with adjustment of status applications. Stay tuned.
While 70% of the USCIS workforce averted a furlough, news out of some of the district offices seems to indicate that some furloughs are moving forward nevertheless. We will continue to keep our readers posted as furloughs could potentially impact the speed at which cases are being handled in various jurisdictions.
For Human Resource Managers, an additional accommodation for "virtual" employment eligibility verification (Form I-9 completion) was extended until November 19th. For any questions about the use of this I-9 Form methodology, please feel free to contact us. We remind our readers that we are immigration and nationality lawyers (US and Canada) and we assist our clients with the full spectrum of immigration and nationality services. Please feel free to contact us by emailing us at [email protected] or by contacting us by phone at 201-670-0006 (x100). We invite the opportunity to assist you, your friends, your colleagues, and your family members.
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EXCEPTIONS TO PRESIDENTIAL PROCLAMATION 10014. By David H. Nachman, Esq. and Samantha Chasworth, Esq.
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President Trump issued a Presidential Proclamation on April 22nd, 2020 suspending visa issuance to certain immigrant categories initially for 60 days, and then extended until December 31st, 2020 as a result of the COVID-19 Pandemic and its impact on the U.S. labor market. This Proclamation does not impact beneficiaries who were present in the United States on April 23rsd, 2020, possessed a valid immigrant visa on April 23rd, 2020, or who applied for entry to the U.S. on a valid travel document.
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USCIS OFFERS INCREASED FLEXIBILITY FOR VISA PROCESSING IN RESPONSE TO COVID-19.
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In response to the coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services is extending the flexibility it announced on March 30th, 2020, to assist applicants, petitioners, and requestors who are responding to certain:
- Requests for Evidence;
- Continuations to Request Evidence (N-14);
- Notices of Intent to Deny;
- Notices of Intent to Revoke;
- Notices of Intent to Rescind and Notices of Intent to Terminate regional investment centers;
- Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant;
- Filing date requirements for Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA); or
- Filing date requirements for Form I-290B, Notice of Appeal or Motion.
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USCIS LAUNCHES NEW SAVE INITIATIVE: ENABLING AGENCIES TO ENSURE MORE EFFECTIVE COMPLIANCE WITH FEDERAL LAWS.
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U.S. Citizenship and Immigration Services announced the launch of a new Systematic Alien Verification for Entitlements (SAVE) initiative that will enable agencies that administer federal means-tested benefits to ensure more effective compliance with federal laws, regulations, and policies related to financial support of aliens by their sponsors and agency reimbursement.
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FORM I-9 REQUIREMENTS DEAL-UP FLEXIBILITY EXTENDED FOR AN ADDITIONAL 30 DAYS.
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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 September 19th. Because of ongoing precautions related to COVID-19, DHS has extended this policy for an additional 30 days.
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Effective August 28th, as it becomes safe to resume more consular operations at each U.S. mission, posts are authorized to give K visa cases high priority. Applicants should check the website of their nearest U.S. Embassy or Consulate for updates on what services that post is currently able to offer. The I-129F Petition for Alien Fiancé(e) is typically valid for four months; however, consular officers may revalidate the I-129F petition in four month increments. For most cases impacted by the suspension of routine visa services or COVID-19 travel restrictions it will not be necessary to file a new I-129F petition.
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On September 4th, 2020, the U.S. District Court in the District of Columbia ruled in Gomez v. Trump that the Department must make good-faith efforts to expeditiously process and adjudicate DV-2020 diversity visa applications by September 30th, 2020 notwithstanding Presidential Proclamation 10014. Therefore, DV-2020 applicants may be processed in embassies and consulates where local health conditions and post resources allow.
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The Department of State (DOS) has temporarily expanded the ability of consular officers to waive the in-person interview requirement for individuals applying for nonimmigrant visas in the same classification.
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On September 1st, 2020, The Department of Homeland Security announced the imminent publication of a Notice of Proposed Rulemaking that proposes expanding department authorities and methods for collecting biometrics that will establish a defined regulatory purpose for biometrics.
With the proposed changes, DHS would modernize biometrics collection and authorize expanded use of biometrics beyond background checks to include identity verification, secure document production and records management.
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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.
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INTERPRETING CHANGES TO BLANKET L STANDARDS AND PREPARING APPLICANTS FOR INTERVIEW.
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The Blanket L is an oral application. A visa will not be issued based solely on the company support letter. Each applicant must be able to concisely and articulately explain the intended job duties in the U.S. as well as his or her qualifications for the role. When preparing a Blanket L applicant, it is essential to clearly explain the legal standard and criteria for the category. In addition, the applicant must be able to explain how he or she satisfy the criteria.
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DOS VISA BULLETIN UPDATE: VISA BULLETIN FOR SEPTEMBER 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 advance to March 1, 2018. The category remains current for all other countries of chargeability.
Employment-Based, Second, Third, and Fourth Preference (EB-2, EB-3, EB-4) Categories
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 a bit to August 15, 2015. For Vietnam, the EB-5 cutoff date advances to August 1, 2017.
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CANADIAN IMMIGRATION LAW NEWS.
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NEW MEASURES - POST-GRADUATION WORK PERMIT ELIGIBILITY FOR STUDENTS BEGINNING PROGRAMS ONLINE.
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Many prospective international students who would like to study in Canada this fall are facing uncertainty due to travel restrictions. Immigration, Refugees and Citizenship Canada recognizes this, and will continue to ensure that Canada's immigration programs are flexible to respond to these uncertainties with 3 new measures on post-graduation work permit eligibility for students beginning programs online.
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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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TO OUR OBSERVANT CLIENTS AND THEIR FAMILIES - WE WANT TO WISH YOU ALL A VERY HAPPY ROSH HASHANAH - WISHING YOU A SAFE AND HAPPY AND HEALTHY NEW YEAR!
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