DISCLAIMER: THE INFORMATION IN THIS BLOG IS PROVIDED FOR GENERAL INFORMATION ONLY. THE OFFICE OF NORKA M. SCHELL, LLC AND/OR ITS MEMBERS AND/OR EMPLOYEES MAKE NO WARRANTY REGARDING THE ACCURACY OF THIS INFORMATION. WHILE SOME OF THE INFORMATION IS ABOUT LEGAL ISSUES, IT IS NOT LEGAL ADVICE.
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November 9, 2011
IMMIGRATION AND POLICY: DHS EXTENDS TPS FOR HONDURAS AND NICARAGUAS
IMMIGRATION AND POLICY: DHS EXTENDS TPS FOR HONDURAS AND NICARAGUAS: By: Norka M. Schell, Esq. On November 4, 2011, U.S. Citizenship and Immigration Services (USCIS) announced the that the DHS Secretary Jane...
IMMIGRATION AND POLICY: "V" Nonimmigrant Visa
IMMIGRATION AND POLICY: "V" Nonimmigrant Visa: The "V" visa is a nonimmigrant visa created to allow families to stay together while waiting for the processing of immigrant visa.
"V" Nonimmigrant Visa
The "V" visa is a nonimmigrant visa created to allow families to stay together while waiting for the processing of immigrant visa.
To qualify for a V visa, a spouse or child (under age 21) of a U.S. lawful permanent resident (LPR) must meet all of the following criteria:
1. The U.S. LPR spouse and/or parent MUST have filed Form I-130, Petition for Alien Relative, with the U.S. Citizenship and Immigration Services (USCIS) on behalf of his or her spouse/child(ren) on or before December 21, 2000;
2.The petition’s priority date must be at least three years old;
3.The priority date must not be current;
4.The applicant must not have already had an immigrant visa interview or be scheduled for an interview;
5.The petition must not already be at a U.S. embassy or consulate for immigrant visa processing; and
6.The applicant must be otherwise eligible as an immigrant.
U.S. embassies and consulates have not issued any V visas for the past several years because applicants with priority dates on or before December 21, 2000, were able to apply for immigrant visas as their priority dates became current. Review the Visa Bulletin for information on the priority dates of petitions for spouses and children of U.S. lawful permanent residents that are currently being processed for immigrant visas.
For more information about "V" Nonimmigrant Visa, see www.travelstate.gov or call the Offices of Norka M. Schell, LLC at (212) 564-1589.
To qualify for a V visa, a spouse or child (under age 21) of a U.S. lawful permanent resident (LPR) must meet all of the following criteria:
1. The U.S. LPR spouse and/or parent MUST have filed Form I-130, Petition for Alien Relative, with the U.S. Citizenship and Immigration Services (USCIS) on behalf of his or her spouse/child(ren) on or before December 21, 2000;
2.The petition’s priority date must be at least three years old;
3.The priority date must not be current;
4.The applicant must not have already had an immigrant visa interview or be scheduled for an interview;
5.The petition must not already be at a U.S. embassy or consulate for immigrant visa processing; and
6.The applicant must be otherwise eligible as an immigrant.
U.S. embassies and consulates have not issued any V visas for the past several years because applicants with priority dates on or before December 21, 2000, were able to apply for immigrant visas as their priority dates became current. Review the Visa Bulletin for information on the priority dates of petitions for spouses and children of U.S. lawful permanent residents that are currently being processed for immigrant visas.
For more information about "V" Nonimmigrant Visa, see www.travelstate.gov or call the Offices of Norka M. Schell, LLC at (212) 564-1589.
November 7, 2011
IMMIGRATION AND POLICY: DHS EXTENDS TPS FOR HONDURAS AND NICARAGUAS
IMMIGRATION AND POLICY: DHS EXTENDS TPS FOR HONDURAS AND NICARAGUAS: By: Norka M. Schell, Esq. On November 4, 2011, U.S. Citizenship and Immigration Services (USCIS) announced the that the DHS Secretary Jane...
DHS EXTENDS TPS FOR HONDURAS AND NICARAGUAS
By: Norka M. Schell, Esq.
On November 4, 2011, U.S. Citizenship and Immigration Services (USCIS) announced the that the DHS Secretary Janet Napolitano has extended the designations of Honduras and Nicaragua for temporary protected status (TPS) for 18 months from the current expiration date of January 5, 2012, to July 5, 2013. There are approximately 64,000 nationals of Honduras and 3,000 nationals of Nicaragua (aliens having no nationality who last habitually resided in these countries) who may be eligible for registration. The extension of the TPS designations of Honduras and Nicaragua is effective January 6, 2012, and will remain in effect through July 5, 2012.
The 60-day reregistration period begins November 4, 2011, and will remain in effect until January 5, 2012.
On November 4, 2011, U.S. Citizenship and Immigration Services (USCIS) announced the that the DHS Secretary Janet Napolitano has extended the designations of Honduras and Nicaragua for temporary protected status (TPS) for 18 months from the current expiration date of January 5, 2012, to July 5, 2013. There are approximately 64,000 nationals of Honduras and 3,000 nationals of Nicaragua (aliens having no nationality who last habitually resided in these countries) who may be eligible for registration. The extension of the TPS designations of Honduras and Nicaragua is effective January 6, 2012, and will remain in effect through July 5, 2012.
The 60-day reregistration period begins November 4, 2011, and will remain in effect until January 5, 2012.
ALABAMA IMMIGRATION LAW SPARKS DOJ INVESTIGATION
Alien students can be specially vulnerable during periods of political crises. Not even a child is exempted from the hostility of those who opposes the undocumented alien population. On November 04, 2011the Department of Justice (DOJ) sent a letter to Alabama School reminding them that states cannot deny a child public access to education based on immigration status. The DOJ also requested information regarding enrollment practices to determine whether each school district is in compliance with federal law and whether further action is warranted.
The Alabama School Superintendent must send to the DOJ the requested information no later than November 14, 2011. www.hufingtonpost.com/2011/11/02/alabama-immigration-law-s_n_1071657.html
The Alabama School Superintendent must send to the DOJ the requested information no later than November 14, 2011. www.hufingtonpost.com/2011/11/02/alabama-immigration-law-s_n_1071657.html
IMMIGRATION AND POLICY: REMOVAL PROCEEDINGS
IMMIGRATION AND POLICY: REMOVAL PROCEEDINGS: By: Norka M. Schell, Esq.
REMOVAL PROCEEDINGS
By: Norka M. Schell, Esq.
Jose, from Columbia, applied for adjustment of status. At the interview, the USCIS officer learns that Joe made a false claim to U.S. citizenship last December by showing a U.S. citizen birth certificate to qualify for a social security number. Jose is placed in removal proceedings.
Raul, from Mexico, crossed the border into Texas without documents and met up with a smuggler, who agree to drive him to New York. A few miles from the border, their car was stopped by border patrol agents and Raul was placed in removal proceedings.
Maria, from India, entered the United States with a tourist visa and has remainded beyond her authorized stay. Maria may be placed in removal proceedings because she violated her tourist status.
You probably know someone who was placed in removal proceedings. But what is "removal proceeding"?
A removal proceed is an immigration court hearing before the immigration judge to determine whether a non citizen will be removed from the United Sates because of a violation of an immigration law.
The Immigration and Nationality Act (“INA”) expressly charges the Attorney General (“AG”) with the administration and enforcement” of the immigration laws. More specifically, it gives the “AG” both the power and the duty “to control and guard the boundaries and border of the United States against the illegal entry of aliens.” The “AG” has authorized the Department of Homeland Securuty ("DHS") employee who bears the title “immigration officer” to exercise those and other powers. Immigration officers include all immigration inspectors at the border, all border patrol agents, all investigators, and many others. The “AG” may also deputize properly trained state employers to perform investigation, apprehension, and detention functions.
DHS does not bring removal proceedings against every alien whom it suspects of being deportable. For one things, it recognizes that there are certain cases in which extraordinary sympathetic factors would make removal unconscionable. For another, DHS could not remove all deportable aliens even if it wanted to. Removal proceedings require apprehension, investigation, processing, possibly detention, prosecution, adjudication, removal, and record-keeping. Like any other government agency, DHS has limited resources. It has to decide how it can most effectively allocate those resources between law enforcement functions and other functions, and within law enforcement.
For some time DHS policy has been to refrain from initiating removal proceedings in certain unusually compassionate cases. That policy has been given different names over the years: “prosecutorial discretion”, “nonpriority status”, and deferred action”. Whatever the name, the theory has been that the case is simply put on the back burner. Technically DHS remains free to proceed against the alien in the future if its workload or its priorities changes; realistically, since the actual reason for holding back is the presence of exceptionally sympathetic factors, relief will typically be permanent unless those individual factors change.
Once removal proceeding starts, the Immigration Judge acquires jurisdiction over the case. At that point the DHS no longer has the discretion not to prosecute; it may file a motion to dismiss (without prejudice), but is up to the immigration judge whether to grant the motion.
Individuals in removal proceedings are called "respondents". Respondents in proceedings have a right to be represented by counsel at their own expenses; right to be advised of eligibility for relief; and right to due process.
Unfortunately, most respondents face removal proceedings unrepresented and an increasing number are detained. If a respondent is unrepresented, the likelihood of him avoiding deportation is much smaller than it is for those who have the resources to retain counsel.
If you would like more information on removal proceendings, call the Offices of Norka M. Schell, LLC at (212) 564-1589.
Jose, from Columbia, applied for adjustment of status. At the interview, the USCIS officer learns that Joe made a false claim to U.S. citizenship last December by showing a U.S. citizen birth certificate to qualify for a social security number. Jose is placed in removal proceedings.
Raul, from Mexico, crossed the border into Texas without documents and met up with a smuggler, who agree to drive him to New York. A few miles from the border, their car was stopped by border patrol agents and Raul was placed in removal proceedings.
Maria, from India, entered the United States with a tourist visa and has remainded beyond her authorized stay. Maria may be placed in removal proceedings because she violated her tourist status.
You probably know someone who was placed in removal proceedings. But what is "removal proceeding"?
A removal proceed is an immigration court hearing before the immigration judge to determine whether a non citizen will be removed from the United Sates because of a violation of an immigration law.
The Immigration and Nationality Act (“INA”) expressly charges the Attorney General (“AG”) with the administration and enforcement” of the immigration laws. More specifically, it gives the “AG” both the power and the duty “to control and guard the boundaries and border of the United States against the illegal entry of aliens.” The “AG” has authorized the Department of Homeland Securuty ("DHS") employee who bears the title “immigration officer” to exercise those and other powers. Immigration officers include all immigration inspectors at the border, all border patrol agents, all investigators, and many others. The “AG” may also deputize properly trained state employers to perform investigation, apprehension, and detention functions.
DHS does not bring removal proceedings against every alien whom it suspects of being deportable. For one things, it recognizes that there are certain cases in which extraordinary sympathetic factors would make removal unconscionable. For another, DHS could not remove all deportable aliens even if it wanted to. Removal proceedings require apprehension, investigation, processing, possibly detention, prosecution, adjudication, removal, and record-keeping. Like any other government agency, DHS has limited resources. It has to decide how it can most effectively allocate those resources between law enforcement functions and other functions, and within law enforcement.
For some time DHS policy has been to refrain from initiating removal proceedings in certain unusually compassionate cases. That policy has been given different names over the years: “prosecutorial discretion”, “nonpriority status”, and deferred action”. Whatever the name, the theory has been that the case is simply put on the back burner. Technically DHS remains free to proceed against the alien in the future if its workload or its priorities changes; realistically, since the actual reason for holding back is the presence of exceptionally sympathetic factors, relief will typically be permanent unless those individual factors change.
Once removal proceeding starts, the Immigration Judge acquires jurisdiction over the case. At that point the DHS no longer has the discretion not to prosecute; it may file a motion to dismiss (without prejudice), but is up to the immigration judge whether to grant the motion.
Individuals in removal proceedings are called "respondents". Respondents in proceedings have a right to be represented by counsel at their own expenses; right to be advised of eligibility for relief; and right to due process.
Unfortunately, most respondents face removal proceedings unrepresented and an increasing number are detained. If a respondent is unrepresented, the likelihood of him avoiding deportation is much smaller than it is for those who have the resources to retain counsel.
If you would like more information on removal proceendings, call the Offices of Norka M. Schell, LLC at (212) 564-1589.