IMMIGRATION AND POLICY: Employment Discrimination Claim Settled (Form I-9/...

IMMIGRATION AND POLICY: Employment Discrimination Claim Settled (Form I-9/...: Justice Department settled discrimination claim against Oregon Homecare Provider. ComForcare In-Home Care & Senior Services, a home pr...

Employment Discrimination Claim Settled (Form I-9/ E-Verify)

Justice Department settled discrimination claim against Oregon Homecare Provider. ComForcare In-Home Care & Senior Services, a home provider for sick and elderly patients in Tigard, Ore. The agreement resolve claims that the provider violated the anti-discrimination provision of the Immigration and Nationality Act (INA), when it demanded unnecessary documentation from a newly naturalized citizen in response to an initial mismatch in E-Verify and then refused to hire her when she did not produce it. ion

The investigation stemmed from a charge filed by a naturalized U.S. citizen, who was not allowed to work for ComForce after the company received an initial mismatch in her data in E-Verify, called a tentative non-confirmation.  E-Verify is an Internet-based system run by U.S. Citizenship and Immigration Services (USCIS) that confirms employment eligibility by comparing information from an employee's Form I-9 to from that all new employees must complete upon hire, to data in the Department of Homeland Security's and Social Security Administration's records. 

If an employee receives a tentative non-confirmation, E-Verify requires the employer to provide the employee with a tentative non-confirmation notice offering the employee the choice to contest the mismatch.   If the employee decides to contest the mismatch, the employee must be allowed to work while resolving a tentative non-confirmation, and the rules do not permit an employer to request additional documentation based on a tentative non-confirmation.   ComForcare failed to provide the charging party with written notice of her tentative non-confirmation, as required by E-Verify, demanded that she produce an “alien card” and did not allow her to start working.   When the charging party informed ComForcare that, as a naturalized citizen, she did not possess an alien card, ComForcare demanded her naturalization papers even though she had already produced proper work authorization documents during the Form I-9 process. The investigation also established that ComForcare requested that non-U.S. citizens and persons perceived to be non-U.S. citizens produce specific employment eligibility documents to establish their employment eligibility rather than allowing these individuals to show their choice of valid documentation.  

       Under the settlement agreement, ComForcare will pay approximately $525 in back pay to the charging party and $1,210 in civil penalties to the United States.   ComForcare will also train its human resources staff about employers’ responsibilities to avoid discrimination in the employment eligibility verification process and be subject to reporting and compliance monitoring by the department for eighteen months.  

          “This case illustrates the importance of following E-Verify rules consistently regardless of citizenship status or perceived status, or risk running afoul of the anti-discrimination provision,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division.   “Subjecting naturalized citizens to heightened documentary standards that result in the loss of employment constitutes discrimination, and the Division is fully committed to enforcing the law that prohibits it.”

      The Office of Special Counsel (OSC) for Immigration-Related Unfair Employment Practices is responsible for enforcing the anti-discrimination provision of the INA, which protects work-authorized individuals from employment discrimination on the basis of citizenship status or national origin discrimination, including discrimination in hiring and the employment eligibility verification (Form I-9) process. 

      For more information about protections against employment discrimination under federal immigration law, call our office at (212)564-1589 or visit our website at   www.lawschell.com  or contact OSC’s worker hotline at 1-800-255-7688 (1-800-237-2515, TDD for hearing impaired).

IMMIGRATION AND POLICY: USCIS Will Collect New Immigration Fee On Feb. 1, ...

IMMIGRATION AND POLICY: USCIS Will Collect New Immigration Fee On Feb. 1, ...: United States Immigration and Naturalization (USCIS) announced that starting on Feb. 1, 2013, it will begin collecting a new USCIS Immigra...

USCIS Will Collect New Immigration Fee On Feb. 1, 2013

United States Immigration and Naturalization (USCIS) announced that starting on Feb. 1, 2013, it will begin collecting a new USCIS Immigration Fee of $165 for foreign nationals seeking permanent residence in the United States. The new fee will allow USCIS to recover the costs of processing visas after individuals receive their visa packages from the Department of State (DOS) abroad.

USCIS has worked closely with the DOS to implement the new fee which allows USCIS to recover the costs of processing immigration visas in the United States after immigrant visa holder receive their visa packages from DOS. This includes staff time to handle, file and maintain the immigrant visa package, and the cost of producing and delivering the permanent  resident card. The implementation of this new fee is further detailed in the December 14, 2012 Federal Register notice.

In order to simplify and centralize the payment process, applicants will pay online through the USCIS website after they receive their visa package from DOS and before they depart for the United States. DOS will provide applicants with specific information on how to submit payment when they attend their consular interview. The new fee is in addition to fees charged by DOS associated with an individual's immigrant visa application.

USCIS  processes approximately 35,00 immigrant visa packages each month. Prospective adoptive parents whose child will enter the United States under the Orphan or Hague processes are exempt from the new fee.

For more information contact our offices or visit the USCIS Immigrant Fee website. 

USCIS - Temporary Protected Status Re-registration Period Extended for Haitian Nationals

USCIS - Temporary Protected Status Re-registration Period Extended for Haitian Nationalswww.lawschell.com

USCIS - Temporary Protected Status Re-registration Period Extended for Haitian Nationals

USCIS - Temporary Protected Status Re-registration Period Extended for Haitian Nationals

IMMIGRATION AND POLICY: Visa Bulletin For January 2013

IMMIGRATION AND POLICY: Visa Bulletin For January 2013: Posted by Norka M. Schell, Esq.  www.lawschell.com Family-Sponsored Preferences Family-Sponsored All Charge-ability Areas Except Th...

Visa Bulletin For January 2013

Posted by Norka M. Schell, Esq. 
www.lawschell.com


Family-Sponsored Preferences

Family-Sponsored	All Charge-ability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
F1	22DEC05	22DEC05	22DEC05	08JUL93	22DEC97
F2A	22SEP10	22SEP10	22SEP10	01SEP10	22SEP10
F2B	08DEC04	08DEC04	08DEC04	22NOV92	15APR02
F3	22JUN02	22JUN02	22JUN02	08MAR93	08AUG92
F4	08APR01	08APR01	08APR01	22JUL96	15APR89

Employment-Based Preferences

Employment- Based	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	08DEC07	01SEP04	C	C
3rd	01FEB07	22SEP06	08NOV02	01FEB07	15AUG06
Other Workers	01FEB07	01JUL03	08NOV02	01FEB07	15AUG06
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th Targeted EmploymentAreas/ Regional Centers and Pilot Programs	C	C	C	C	C

IMMIGRATION AND POLICY: LAW OFFICES OF NORKA M. SCHELL, LLC

IMMIGRATION AND POLICY: LAW OFFICES OF NORKA M. SCHELL, LLC: Happy Holidays! Wishing clients and friends Happy Holidays and  Best Wishes for the New Year. 11 Broadway, Suite 615 ...

IMMIGRATION, CRIMINAL AND EMPLOYMENT LAW

Posted by Norka M. Schell

www.lawschell.com

The immigration process, including removal, is a civil case. Despite the fact that immigration process is a civil process; criminal law plays an important role in the immigration law context. In the Immigration and Naturalization Act (INA), the criminal grounds of deportability involve crimes of moral turpitude, convictions, aggravated felonies, high speed flight, and failure to register as a sex offender. During a removal proceedings, an Immigration Judge will determined  whether a noncitizen will be removed from the United States because of the effect on immigration status of a guilty plea or a finding of guilt.

Employment law is also relevant in the immigration law context. For example, hiring an undocumented alien is considered a crime. Section of 274A of the INA imposes civil and in some cases criminal sanctions on employers who hire aliens who do not have permission to work in the United States. Lawful permanent residents, temporary permanent residents, asylees, refugees, certain persons incidental to non-immigrant status, and certain other person granted employment authorization may work in the United States. Employers can not discriminate against noncitizen**. 

For more information, please call our firm at (212)564-1589 to speak with an attorney. 

*Representing Clients In Immigration Court, AILA 2009 & 2010 Editions

**Westlaw-Steel on Immigration Law, Aug. 2012

LAW OFFICES OF NORKA M. SCHELL, LLC

Happy Holidays!

Wishing clients and friends Happy Holidays and 

Best Wishes for the New Year.

11 Broadway, Suite 615
New York, New York 10004
Tel. (212)564-1589
Fax (973)621-9300
Website: www.lawschell.com

IMMIGRATION AND POLICY: Matter of Ramiro SANCHEZ-HERBERT, Respondent

IMMIGRATION AND POLICY: Matter of Ramiro SANCHEZ-HERBERT, Respondent: Posted by Norka M.  Schell, Esq.  www.lawschell.com Ramiro Sanchez-Herbert ("respondent") is a citizen of Mexico.  On October 16, 2007...

IMMIGRATION AND POLICY: Matter of Ramiro SANCHEZ-HERBERT, Respondent

IMMIGRATION AND POLICY: Matter of Ramiro SANCHEZ-HERBERT, Respondent: Posted by Norka M.  Schell, Esq.  www.lawschell.com Ramiro Sanchez-Herbert ("respondent") is a citizen of Mexico.  On October 16, 2007...

Matter of Ramiro SANCHEZ-HERBERT, Respondent

Posted by Norka M.  Schell, Esq. 

www.lawschell.com

Ramiro Sanchez-Herbert ("respondent") is a citizen of Mexico. On October 16, 2007, the DHS filed a notice to appear with the Immigration Court charging that Ramiro Sanchez-Herbert as being an alien present in the United States without being admitted or paroled under section 212(a)(6)(A)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(6)(A)(i) (2006).

Ramiro Sanchez-Herbert retained an immigration lawyer to assist him with his immigration proceedings. Ramiro Sanchez-Herbert appeared for his master calendar hearing with his lawyer and conceded removability. The Immigration Judge granted Ramiro Sanchez-Herbert a series of continuances relating to an application for adjustment status and other issues.

The Immigration Judge scheduled Ramiro Sanchez-Herbert’s master calendar hearing for February 3, 2011.  On February 3, 2011, at the master calendar hearing Ramiro Sanchez-Herbert’s lawyer appeared by himself because Ramiro Sanchez-Herbert left the country to Mexico.  The lawyer made a motion to terminate the proceedings, presenting evidence indicating that Ramiro Sanchez-Herbert had voluntarily returned to Mexico. The Department of Homeland Security (DHS) moved for the Immigration Judge to proceed with the hearing in absentia. The Immigration Judge granted Ramiro Sanchez-Herbert’s lawyer's motion to terminate the proceedings. The DHS appealed the Immigration Judge’s decision. The BIA granted the appealed.

Holding ---The Immigration Judge erred in terminating proceedings on the grounds that she did not have jurisdiction. The respondent’s departure from the United States after he was placed in proceedings did not disvest the Immigration Judge of jurisdiction over the proceedings. Once a notice to appear has been filed with the Immigration Court, jurisdiction vests.  As long as the allegations and charges stated in the notice to appear continue to be applicable, the alien remains subject to removal. See Matter of Brown, 18 I&N Dec. 324, 325 (BIA 1982).

An alien does not need to be physically in the United States for the Immigration Judge to retain jurisdiction over pending proceedings and to conduct an in absentia hearing. 

For assistance or information about immigration proceedings, please contact our office at (212)564-1589 to speak with an immigration attorney.

IMMIGRATION AND POLICY: Visa Bulletin For December 2012

IMMIGRATION AND POLICY: Visa Bulletin For December 2012:

Visa Bulletin For December 2012

FAMILY BASED PREFERENCE

Family-Sponsored	All Charge-ability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
F1	01DEC05	01DEC05	01DEC05	01JUL93	08OCT97
F2A	22AUG10	22AUG10	22AUG10	01AUG10	22AUG10
F2B	15NOV04	15NOV04	15NOV04	01NOV92	22MAR02
F3	08JUN02	08JUN02	08JUN02	01MAR93	01AUG92
F4	01APR01	01APR01	01APR01	22JUL96	22MAR89

EMPLOYMENT SPONSORED PREFERENCE

Employment- Based	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	22OCT07	01SEP04	C	C
3rd	22DEC06	01JUL06	01NOV02	22DEC06	15AUG06
Other Workers	22DEC06	01JUL03	01NOV02	22DEC06	15AUG06
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th Targeted EmploymentAreas/ Regional Centers and Pilot Programs	C	C	C	C	C

For detailed information, please visit our site at www.lawschell.com

USICS Holds Stakeholder Engagement on I-601 Waivers

Posted by Norka M. Schell, Esq.

www.lawschell.com 

On November 13, 2012, U.S. Citizenship and Immigration Services' (USCIS') Public Engagement Division held a stakeholder engagement to discuss the transition to centralized lockbox filing of Form I-601, Application for Waiver of Grounds of Inadmissibility, filed by applicants outside the U.S. 

Effective Dec. 5, 2012, applicants in Mexico may no longer file Form I-601, Application for Waiver 
of Grounds of Inadmissibility at the USCIS Ciudad Juarez Field Office or any associated Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal. Applicants in Mexico must now file Form  I-601 and associated Form I-212 with the USCIS Phoenix Lockbox. 

On June 4, 2012, USCIS adopted a comprehensive change to the Form I-601 filing process for waiver applicants located outside the United States requiring that waiver filers located abroad file their waiver application with the USCIS Phoenix Lockbox. For the first 6 months of this change, through Dec. 4, 2012, USCIS made an exception allowing Form I-601 waiver applicants located in 
Mexico the option of filing their Form I-601 applications and any associated Forms I-212, with the USCIS Ciudad Juarez Field Office or with the USCIS Phoenix Lockbox. This exception expired on December 4, 2012. 

The announcement does not affect Form I-601 filings that may be eligible for processing by a USCIS international office due to exceptional and compelling humanitarian reasons or Form I-601 filings with the Havana Field Office for waiver applicants in Cuba. For further information, please call our office at (212)564-1589 or see the USCIS website at www.uscis.gov.

IMMIGRATION AND POLICY: Popsy Pop ice cream company agrees to pay more tha...

IMMIGRATION AND POLICY: Popsy Pop ice cream company agrees to pay more tha...: SOMERDALE, N.J.   -- Popsy Pop LLC in Somerdale has agreed to pay $34,200 in back wages to 55 workers and $48,000 in civil money penaltie...

Popsy Pop ice cream company agrees to pay more than $82,000 in back wages and penalties following US Labor Department investigation

SOMERDALE, N.J. -- Popsy Pop LLC in Somerdale has agreed to pay $34,200 in back wages to 55 workers and $48,000 in civil money penalties after an investigation by the U.S. Department of Labor’s Wage and Hour Division found willful violations of the H-2B provisions of the Immigration and Nationality Act.

The H-2B guest worker program permits employers to temporarily hire nonimmigrants to perform nonagricultural labor or services in the United States. Popsy Pop recruited workers from Eastern Europe, Central and South America and the Caribbean to drive trucks and sell ice cream throughout New Jersey, Pennsylvania and Delaware.

The investigation found that the company misrepresented the number of positions available and dates of need when submitting an application for workers under the H-2B program; misrepresented the wages to be paid when recruiting U.S. workers; placed workers in areas outside the area of intended employment described on the application; failed to pay the workers the offered wage rate indicated on the application; and failed to notify federal agencies — the U.S. Department of Labor and the U.S. Department of Homeland Security — when H-2B workers were separated early from their employment.

H-2B employment must be of a temporary nature, such as a one-time occurrence or for a seasonal or peak load need. The program requires the employer to attest to the Department of Labor that it will offer a wage that equals or exceeds the highest of the prevailing wage, applicable federal minimum wage, state minimum wage or local minimum wage for the occupation in the area of intended employment during the entire period of the approved certification. Additionally, certain recruitment and displacement standards have been established in order to protect similarly employed workers in the United States.

“Employers who bring in foreign workers under the H-2B program must demonstrate they have taken certain steps to recruit U.S. workers and will pay the foreign workers wages that do not have an adverse effect on wage rates for U.S. workers,” said Patrick Reilly, director of the Wage and Hour Division’s Southern New Jersey office. “This investigation revealed that H-2B workers were paid commissions not disclosed to potential U.S. workers during the recruitment period, which is likely to have discouraged them from applying for these positions.”

Under consent findings and an order signed by an administrative law judge of the Department of Labor, which provide for an enhanced compliance program in addition to the back wages and penalties, Popsy Pop agreed to comply fully with all terms of the H-2B program in the future; implement compliance monitoring through a neutral third party to review hiring, employment and payroll practices; and implement an improved program for seeking out qualified U.S. workers to fill jobs. The company also agreed that if it commits any future violations that go uncorrected, it will be subject to an automatic one-year debarment from the H-2B program.

For more information about federal wage laws, call the Law Offices of Norka M. Schell, LLC at (212)564-1589 or the Wage and Hour Division’s toll-free helpline at 866-4US-WAGE (487-9243) or its Southern New Jersey office at 609-538-8310, or visit http://www.dol.gov/whd.

LAW OFFICES OF NORKA M. SCHELL, LLC: Employment Discrimination

IMMIGRATION AND POLICY: Employment Discrimination: "Racial and ethnic distinctions of any sort are inherently suspect and thus call for the the most exacting judicial examination. There ar...

LAW OFFICES OF NORKA M. SCHELL: DOL Issues Instructions for Business Affected by H...

IMMIGRATION AND POLICY: DOL Issues Instructions for Business Affected by H...: On November 9, 2012, the Department of Labor (DOL) issued the following notice for businesses affected by Hurricane Sandy: Question: Wi...

DOL Issues Instructions for Business Affected by Hurricane Sandy

On November 9, 2012, the Department of Labor (DOL) issued the following notice for businesses affected by Hurricane Sandy:

Question: Will the Office of Foreign Labor Certification (OFLC) allow for extensions or other reasonable case-accommodations in light of the damage done by Hurricane Sandy?

Answer: Yes. We recognize that Hurricane Sandy generated significant damage to businesses up and down the East Coast, closing businesses and offices particularly in New York and New Jersey but impacting other areas as well. The OFLC has established internal procedures that recognize, as a result of the storm, employers and/or their representative(s) may not be able to timely respond to a request for information or documentation, such as an audit, etc. Accordingly, we will individually review requests for extensions of time to respond [to issues] that arise from storm-related conditions, including delays caused as a result of the storm, as well as those delays that may have occurred as a result of storm preparations in the week before the storm.

If you are an employer or an authorized representative and Hurricane Sandy has affected your ability to timely respond to a formal OFLC program inquiry, please use the appropriate e-mail address below to submit your request for an extension of time to respond. The correspondence received from the OFLC notes contact information including mailing addresses and facsimile numbers that may also be used. Also, please follow the OFLC web site at http:// www.foreignlaborcert.doleta.gov/ for additional information.

Email any questions, requests for extensions in replying to audits, etc. from the OFLC Chicago National Processing Center (NPC) related to the H-2A temporary agriculture program, H-2B temporary nonagricultural program, or H-1B specialty occupations program to TLC.chicago@dol.gov (Subject: Hurricane Sandy) or telephone the Chicago NPC at (312) 886-8000.

Email any questions, requests for extensions, etc. related to the issuance of a prevailing wage determination from the OFLC's National Prevailing Wage Center (NPWC) to FLC.PWD@dol.gov (Subject: Hurricane Sandy) or telephone the NPWC at (202) 693-8200.

Email any questions, requests for extensions, etc. related to responding to audits, supervised recruitment instructions, including draft advertisements, etc. related to the permanent labor certification program (PERM) to PermSandy @dol.gov (Subject: Hurricane Sandy) or telephone the Atlanta NPC at (404) 893-0101.

The DOL also reminds individuals affected by Hurricane Sandy and in need of temporary immigration relief measures to visit the U.S. Citizenship and Immigration Services website at http://1.usa.gov/VHXRE0.

IMMIGRATION AND POLICY: Matter of Jaime Enrique VALENZUELA-FELI

IMMIGRATION AND POLICY: Matter of Jaime Enrique VALENZUELA-FELI: Posted by Attorney Norka M. Schell  www.lawschell.com Decided November 16, 2012 U.S. Department of Justice Executive Office for Immig...

Matter of Jaime Enrique VALENZUELA-FELI

Posted by Attorney Norka M. Schell 
www.lawschell.com

Decided November 16, 2012
U.S. Department of Justice
Executive Office for Immigration Review
Board of Immigration Appeals

When the Department of Homeland Security (DHS) paroles a returning lawful permanent resident for prosecution, it need not have all the evidence to sustain its burden of proving that the alien is an applicant for admission but may ordinarily rely on the results of a subsequent prosecution to meet that burden in later removal proceedings. 

Jaime Enrique is a native and citizen of Mexico and a lawful permanent resident (LPR) of the United States. In June 2009, Jaime Enrique was indicted by a grand jury on charges including bulk cash smuggling in violation of 31 U.S.C.§ 5332 (2006). In August 2009, Jaime Enrique travel outside the United States. Upon returning from his trip, he was paroled into the United States for prosecution. In July 2010, Jaime Enrique was convicted of that offense in the United States District Court for the Central District of California and was sentenced to 27 months' imprisonment. 


On May 23, 2011, the DHS served Jaime Enrique with a notice to appear (NTA), charging him as inadmissible under section 212(a)(2)(A)(i)(I) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1182(a)(2)(A)(i)(I) (2006), as an alien who has been convicted  of a crime involving moral turpitude. On July 11, the DHS lodged an additional charge that Jaime Enrique is inadmissible under section 212(a)(2)(A)(i)(II) of the INA as an alien convicted of a controlled substance violation, based on his July 8, 1991, conviction for possession for sale of cocaine in California. 

The Immigration Judge (IJ) found that "the proper time for the government to make its determination as to whether Jaime Enrique was an arriving alien was at the time he sought entry into the United States." In this regard the IJ noted that Jaime Enrique had not then been convicted and that the DHS had, at most, probable cause from an outstanding arrest warrant that he had committed a crime involving moral turpitude based on cash smuggling. Since DHS was likewise unaware of Jaime Enrique's 1991 drug conviction at that time, the IJ concluded that it did not establish by clear and convincing evidence that  LPR Jaime Enrique was seeking admission. IJ therefore ordered that the proceeding be terminated. 

IMMIGRATION AND POLICY: Matter of Jorge Isaac SANCHEZ-LOPEZ

IMMIGRATION AND POLICY: Matter of Jorge Isaac SANCHEZ-LOPEZ: Posted by Attorney Norka M. Schell www.lawschell.com Statutory Provision: Any alien who at any time after admission is convicted of a cri...

Matter of Jorge Isaac SANCHEZ-LOPEZ

Posted by Attorney Norka M. Schell
www.lawschell.com

Statutory Provision: Any alien who at any time after admission is convicted of a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child abandonment is deportable pursuant to section 237(a)(2)(E)(i) of the Immigration and Nationality Act (INA).

Pursuant to the California Penal Code (CPC), the "offense of stalking" is a crime of stalking under the INA section 237(a)(2)(E)(i), 8 U.S.C. § 1227(a)(2)(E)(i) (2006).

Jorge Isaac Sanchez-Lopez is a native and citizen of Peru who was admitted to the United States on May 6, 1993, as a lawful permanent resident. On April 19, 2011, he was convicted of stalking in violation of section 646.9(b) of the CPC, for which he was sentenced to a period of 2 years in prison. The Immigration Judge concluded that Jorge Isaac Sanchez-Lopez is removable on the basis of that conviction. He also denied his application for cancellation of removal under section 240A(a) of the Act as a matter of discretion. The Jorge Isaac Sanchez-Lopez has appealed both of these determinations.

In a decision dated March 21, 2012, an Immigration Judge found
Jorge Isaac Sanchez-Lopez removable as an alien convicted of a crime of stalking under section 237(a)(2)(E)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(E)(i) (2006), and denied his application for cancellation of removal under section 240A(a) of the Act, 8 U.S.C. § 1229b(a) (2006). Jorge Isaac Sanchez-Lopez has appeal from the decision. The appeal will be dismissed.

Zhing v. Holder

Zheng, born in1984 in the People’s Republic of China, arrived in the U.S. illegally in 2001. After receiving a Notice to Appear, she filed applications for political asylum, withholding of removal, and protection under the Convention Against Torture, claiming persecution because of her practice of Falun Gong. An IJ rejected Zheng’s applications because her testimony was “rather inconsistent and almost completely unsubstantiated.” The Board affirmed and the Seventh Circuit denied an appeal. Zheng remained in the U.S. and, in 2010, married Jiang, with whom she has two children. In 2011, Zheng sought to reopen proceedings with the Board, based on the birth of her two children and increased enforcement of China’s family planning policy. The Department of Homeland Security opposed Zheng’s motion, arguing that it was not filed within 90 days of entry of a final administrative order of removal (8 U.S.C. 1229a(c)(7)(C)(i)) and was based on changed personal circumstances rather than a change in country conditions. The Board denied the motion. The Seventh Circuit denied review. 

United States v. Oseguera-Madrigal

Defendant appealed his conviction and sentence on a conditional guilty plea for being an alien found in the United States following deportation. The court affirmed the conviction and sentence, holding that the BIA did not err in finding defendant removable based on his conviction for use of drug paraphernalia, which was a conviction "relating to a controlled substance" under 8 U.S.C. 1182(a)(2)(A)(i)(II). The court held that the IJ did not violate due process by failing to inform defendant of the possibility of relief through a waiver of inadmissibility under section 1182(h). The court rejected defendant's contention that the district court abused its discretion and imposed a substantively unreasonable sentence.

IMMIGRATION AND POLICY: STEM Bill Is On The U.S. House of Representative's...

IMMIGRATION AND POLICY: STEM Bill Is On The U.S. House of Representative's...: The bill is a modified version of H.R. 6429, which eliminates the visa lottery by reallocating the 55,000 green cards available under the p...

STEM Bill Is On The U.S. House of Representative's Calender For This Week

The bill is a modified version of H.R. 6429, which eliminates the visa lottery by reallocating the 55,000 green cards available under the program to two new employment-based visa categories, the EB-6 and EB-7. 

The proposed EB-6 category is designed to benefit foreign students holding a PhD in a STEM field (Science, Technology, Engineering, and Mathematics) from a U.S. university. The proposed EB-7 category is designed to benefit foreign students holding both a Master's and baccalaureate degree in a STEM field from a U.S. university. Those with Master's degrees would be granted a green card only after all qualifying PhD petitions have been granted. 

Under this bill, employers who petition to hire these graduates must receive labor certification to help protect American workers. While the bill originally required EB-6 and EB-7 recipients to work for their petitioning employer for an aggregate of five-years, the modified version contains no such requirement. (See H.R. 6429 at §2) Moreover, unlike the original version of the bill, the modified version of H.R. 6429 allows unused green cards under the new EB-6 and EB-7 categories to be rolled over through 2016. As introduced, the bill only provided for the rollover of unused green cards under the proposal through 2014. 

Also among the changes in the modified version is the elimination of a provision prohibiting universities from providing any commission, bonus, or other incentive to a recruiter based on securing enrollments or financial aid of nonimmigrant students. At the same time, the legislation creates a new nonimmigrant student visa category specifically for foreign students seeking to study in a STEM field who may potentially seek an EB-6 or EB-7 green card in the future. Combined, these provisions could hurt American students who intend to study in STEM fields, as they could increase competition for admission, especially since universities benefit significantly from admitting foreign students who pay full tuition. 

The modified Bill includes the V nonimmigrant visa program to allow the spouses and unmarried children of lawful permanent residents to enter the country while they wait for a green card.  The V-visa program granted spouses and unmarried children of green card holders who petitioned to come to the U.S. by December 2000 a V-visa if their application had been pending for more than three years. Because the V-visa applied only to those who petitioned for a green card by 2000, the program essentially sunset after 2003. The new version of H.R. 6429, however, would amend the V-visa program to allow all spouses and children of a green card holder who petition for lawful permanent residence pursuant to such status to wait in the U.S. to receive their green card after spending just one-year on the green card waiting list. While this new provision would prohibit V-visa holders from working in the U.S., it will expedite the immigration process significantly.

U.S. House of Representative will vote on the modified STEAM Bill no sooner than Wednesday.

 

IMMIGRATION AND POLICY: Visa Bulletin for December 2012

IMMIGRATION AND POLICY: Visa Bulletin for December 2012: STATUTORY NUMBERS This bulletin summarizes the availability of immigrant numbers for the Family-Based Preferences and for the Employm...

Visa Bulletin for December 2012

STATUTORY NUMBERS

This bulletin summarizes the availability of immigrant numbers for the Family-Based Preferences and for the Employment-Based Preferences during the month of December. 

FAMILY-BASED PREFERENCES 

Family-Sponsored	All Charge-ability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
F1	01DEC05	01DEC05	01DEC05	01JUL93	08OCT97
F2A	22AUG10	22AUG10	22AUG10	01AUG10	22AUG10
F2B	15NOV04	15NOV04	15NOV04	01NOV92	22MAR02
F3	08JUN02	08JUN02	08JUN02	01MAR93	01AUG92
F4	01APR01	01APR01	01APR01	22JUL96	22MAR89

EMPLOYMENT-BASED PREFERENCES

Employment- Based	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	22OCT07	01SEP04	C	C
3rd	22DEC06	01JUL06	01NOV02	22DEC06	15AUG06
Other Workers	22DEC06	01JUL03	01NOV02	22DEC06	15AUG06
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th Targeted EmploymentAreas/ Regional Centers and Pilot Programs	C	C	C	C	C

IMMIGRATION AND POLICY: President Obama Remains Steadfast In His Pursuit o...

IMMIGRATION AND POLICY: President Obama Remains Steadfast In His Pursuit o...: By the President of the United States of America  A Proclamation  " Our Nation's story would not be possible without generations of His...

President Obama Remains Steadfast In His Pursuit of Meaningful Immigration Reform On His Second Term

By the President of the United States of America 

A Proclamation " Our Nation's story would not be possible without generations of Hispanics who have shaped and strengthened the fabric of our Union. They have enriched every aspect of our national identity with traditions that stretch across centuries and reflect the many ancestries that comprise the Hispanic community. This month, we celebrate this rich heritage and reflect on the invaluable contributions Hispanics have made to America.

Hispanics have helped shape our communities and expand our country, from laboratories and industry to board rooms and classrooms. They have led movements that pushed our country closer to realizing the democratic ideals of America's founding documents, and they have served courageously as members of our Armed Forces to defend those ideals at home and abroad. Hispanics also serve as leaders throughout the public sector, working at the highest levels of our government and serving on our highest courts.

As we celebrate these hard-fought achievements, we must also remember there is more work to be done to widen the circle of opportunity for the Hispanic community and keep the American dream within reach for all who seek it. From promoting job creation and ensuring Hispanics are represented in the Federal workforce to reshaping our education system to meet the demands of the 21st century, my Administration has built ladders of opportunity. The Department of Homeland Security has lifted the shadow of deportation from talented and patriotic young people who were brought to America as children, giving them a degree of relief so they can continue contributing to our society, and we remain steadfast in our pursuit of meaningful legislative immigration reform.  

Whether we trace our roots to those who came here on the Mayflower, who settled the Southwest centuries ago, or who joined the American family more recently, we share a common belief in the enduring promise of America_the promise that regardless of where we come from or what we look like, each of us can make it if we try. During National Hispanic Heritage Month, as we celebrate the successes of the Hispanic community, let us reaffirm our commitment to extending that promise to all Americans.

To honor the achievements of Hispanics in America, the Congress by Public Law 100-402, as amended, has authorized and requested the President to issue annually a proclamation designating September 15 through October 15 as “National Hispanic Heritage Month.” Proclamation dated on Sept. 14, 2012.

IMMIGRATION AND POLICY: USCIS Warns of Telephone Scam

IMMIGRATION AND POLICY: USCIS Warns of Telephone Scam: U.S. Citizenship and Immigration Services (USCIS) has warned that it recently learned of a new telephone scam where individuals pretend t...

USCIS Warns of Telephone Scam

U.S. Citizenship and Immigration Services (USCIS) has warned that it recently learned of a new telephone scam where individuals pretend to be USCIS employees and aggressively try to get individuals to sign up for a training course led by government officials. USCIS advises that these scammers pressure people to pay for this course and ask them to disclose financial information (i.e., money order, credit card, and bank account details) over the phone. USCIS stresses that it will never call individuals and ask for money for training, products, or forms and that people should not give important personal or financial information over the phone to anyone they do not know or who contacts them unexpectedly. USCIS further stresses that official government websites end in dot gov (.gov), not dot com (.com).www.uscis.gov/avoidscams

IMMIGRATION AND POLICY: Visa Bulletin For November 2012

IMMIGRATION AND POLICY: Visa Bulletin For November 2012: Posted by Norka M. Schell, New York Immigration Attorney Law Offices of Norka M. Schell, LLC EMPLOYMENT-BASED PREFERENCES First :   ...

Visa Bulletin For November 2012

Posted by Norka M. Schell, New York Immigration Attorney
Law Offices of Norka M. Schell, LLC
http://www.lawschell.com/News---Resources.html


EMPLOYMENT-BASED PREFERENCES

First:   Priority Workers:  28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second:  Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability:  28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.      

Third:  Skilled Workers, Professionals, and Other Workers:  28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "*Other Workers".

Fourth:  Certain Special Immigrants:  7.1% of the worldwide level.

Fifth:  Employment Creation:  7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of Pub. L. 102-395.

Employment- Based	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	01SEP07	01SEP04	C	C
3rd	22NOV06	15APR06	22OCT02	22NOV06	08AUG06
Other Workers	22NOV06	01JUL03	22OCT02	22NOV06	08AUG06
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th Targeted EmploymentAreas/ Regional Centers and Pilot Programs	C	C	C	C	C

FAMILY-BASED PREFERENCES 

First:  (F1) Unmarried Sons and Daughters of U.S. Citizens:  23,400 plus any numbers not required for fourth preference.

Second:  Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents:  114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. (F2A) Spouses and Children of Permanent Residents:  77% of the overall second preference limitation, of which 75% are exempt from the per-country limit.

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents:  23% of the overall second preference limitation.

Third:  (F3) Married Sons and Daughters of U.S. Citizens:  23,400, plus any numbers not required by first and second preferences.

Fourth:  (F4) Brothers and Sisters of Adult U.S. Citizens:  65,000, plus any numbers not required by first three preferences.

Family-Sponsored	All Charge-ability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
F1	01NOV05	01NOV05	01NOV05	22JUN93	01JUL97
F2A	15JUL10	15JUL10	15JUL10	22JUN10	15JUL10
F2B	08OCT04	08OCT04	08OCT04	15OCT92	15FEB02
F3	01JUN02	01JUN02	01JUN02	15FEB93	22JUL92
F4	22MAR01	15MAR01	22MAR01	08JUL96	01MAR89

WHAT ARE THE BENEFITS AND RESPONSIBILITIES OF CITIZENSHIP?

Posted by NY Immigration Attorney Norka M. Schell

Law Offices of Norka M. Schell, LLC www.lawschell.com

United States Department of Justice

Immigration & Naturalization Service

A Guide to Naturalization

 

Benefits

 

The Constitution and laws of the United States give many rights to both citizens and non-citizens living in the United States. However, some rights are only for citizens, such as:

• Voting. Only U.S. citizens can vote in Federal elections. Most States also restrict the right to vote, in most elections, to U.S. citizens.

• Bringing family members to the United States. Citizens generally get priority when petitioning to bring family members permanently to this country.

• Obtaining citizenship for children born abroad. In most cases, a child born abroad to a U.S. citizen is automatically a U.S. citizen.

• Traveling with a U.S. passport. A U.S. passport allows you to get assistance from the U.S. government when overseas.

• Becoming eligible for Federal jobs. Most jobs with government agencies require U.S. citizenship.

• Becoming an elected official. Many elected offices in this country require U.S. citizenship.

• Showing your patriotism. In addition, becoming a U.S. citizen is a way to demonstrate your commitment to your new country.

The above list does not include all the benefits of citizenship, only some of the more important ones.

 

Responsibilities

 

To become a U.S. citizen you must take the Oath of Allegiance. The oath includes several promises you make when you become a U.S. citizen, including promises to:

• Give up all prior allegiance to any other nation or sovereignty;

• Swear allegiance to the United States;

• Support and defend the Constitution and the laws of the United States; and

• Serve the country when required.

U.S. citizens have many responsibilities other than the ones mentioned in the Oath. Citizens have a responsibility to participate in the political process by registering and voting in elections. Serving on a jury is another responsibility of citizenship. Finally, America becomes stronger when all of its citizens respect the different opinions, cultures, ethnic groups, and religions found in this country. Tolerance for differences is also a responsibility of citizenship.

When you decide to become a U.S. citizen, you should be willing to fulfill the responsibilities of citizenship. We hope you will honor and respect the freedoms and opportunities citizenship gives you. At the same time, we hope you become an active member of your community. It is by participating in your community that you truly become an American. 

For information on how to become a U.S. citizen, please contact our offices at (212)564-1589. 

NY Law Offices of Norka M. Schell, LLC IMMIGRATION AND POLICY: Gonzalez v. Arizona

IMMIGRATION AND POLICY: Gonzalez v. Arizona: Posted by NY Attorney Norka M. Schell Law Offices of Norka M. Schell, LLC www.lawschell.com Arizona residents and Indian tribes ...

Gonzalez v. Arizona

Posted by NY Attorney Norka M. Schell

Law Offices of Norka M. Schell, LLC

www.lawschell.com

Arizona residents and Indian tribes filed actions challenging validity of proposition requiring prospective voters in Arizona to present documentary proof of citizenship in order to register to vote and requiring registered voters to present proof of identification in order to cast ballot at polls. Actions were consolidated. The United States District Court for the District of Arizona, Roslyn O. Silver, J., entered judgment in state's favor, and plaintiffs appealed.

Holding: 

The Court of Appeals held that: (1) Arizona's requirement that prospective voters provide documentary proof of citizenship was superseded by National Voter Registration Act (NVRA); (2) law of the case doctrine did not bar panel from reconsidering issue following remand from earlier decision; (3) requirement that voters provide proof of identification before voting at polls did not violate Voting Rights Act (VRA); and (4) requirement that voters show identification at polls was not poll tax.

Circuit Judge Ikuta wrote the Opinion:

" Proposition 200 requires prospective voters in Arizona to present documentary proof of citizenship in order to register to vote,  Ariz. Rev. Stat. Sections 16-152, 16-166,  and requires registered voters to present proof of identification in order to cast a ballot at the polls, Ariz. Rev. Stat. Sec. 16-579. This appeal raises the questions whether Proposition 200 violates the Voting Rights Act § 2, 42 U.S.C. Sec. 1973, is unconstitutional under the Fourteenth or Twenty-fourth Amendments of the Constitution, or is void as inconsistent with the National Voter Registration Act (NVRA), 42 U.S.C. Sec. 1973gg et seq. We hold that the NVRA supersedes Proposition 200's voter registration procedures, and that Arizona's documentary proof of citizenship requirement for registration is therefore invalid. We reject the remainder of Appellants' arguments". Affirmed in part and reversed in part.

IMMIGRATION AND POLICY: USCIS Launches Spanish Version of I-9 Central

IMMIGRATION AND POLICY: USCIS Launches Spanish Version of I-9 Central: Posted by: NY Immigration Attorney Norka M. Schell Law Offices of Norka M. Schell, LLC www.lawschell.com As you all already know,  ...

USCIS Launches Spanish Version of I-9 Central

Posted by: NY Immigration Attorney Norka M. Schell

Law Offices of Norka M. Schell, LLC

www.lawschell.com

As you all already know,  in May 2011 the U.S. Citizenship and Immigration Service (USCIS) launched the I-9 Central, a free online resource center that gives employers and employees simple one-click access to resources, tips, and guidance to properly complete Form I-9, Employment Eligibility Verification, and better understand the Form I-9 process.  At the  I-9 Central, employers and employees can find information on employer and employee rights and responsibilities, step-by-step instructions for completing the form, and acceptable documents for establishing identity and employment authorization. 

Now the USCIS launched the Spanish version of  the Central I-9 and it is available at www.uscis.gov/I-9Central/Espanol. At the site, users will find the Handbook for Employers: Instructions for Completing Form I-9 (M-274), Employee's Rights, How to Prevent Discrimination and E-Verify Self Check (a free service that allows workers and job seekers in the U.S. to check their own employment eligibility status online).

If you have questions or need legal assistance with regard employment issues, please contact our office at call me at (212)564-1589. 

IMMIGRATION AND POLICY: Unfair Immigration Related Employment Practices

IMMIGRATION AND POLICY: Unfair Immigration Related Employment Practices: Posted by the NY Immigration Attorney Norka M. Schell NY Law Offices of Norka M. Schell, LLC www.lawchell.com An agreement was reach...

Unfair Immigration Related Employment Practices

Posted by the NY Immigration Attorney Norka M. Schell

NY Law Offices of Norka M. Schell, LLC

www.lawchell.com

An agreement was reached between the Department of Justice (DOJ), Tuscany Hotel and Casino LLC (Tuscany) in Las Vegas, Nevada.  Settling a lawsuit alleging that the company violated INA § 274 B, which bars unfair immigration-related employment practices. 

The DOJ, in a case filed in May 2012, alleged that Tuscany treated noncitizens differently from U.S. citizens during the employment eligibility verification and reverification process. The complaint alleged that Tuscany required noncitizen employees to provide more or different documents or information than it required from citizen employees during the initial employment eligibility verification process and then used the documents or information that it gathered to impose improper document requests on noncitizens during the reverification process as a condition of continued employment. 

The complaint further alleged that Tuscany subjected noncitizen employees' documents to a heightened review process by senior human resources representatives that was not applied to documents presented by U.S. citizens.

Under the terms of the settlement agreement, Tuscany will pay $49,000 in civil penalties to the U.S. government and full back pay to a victim. Tuscany also agreed to: 

(1) implement new employment eligibility verification policies and procedures that treat all employees equally regardless of citizenship status, 

(2) conduct training for its human resources staff on their responsibility to avoid discrimination in the employment eligibility verification process, and 

(3) be subject to reporting and monitoring requirements.

For more information on above topic, please contact our New York Office at (212) 564-1589.

IMMIGRATION AND POLICY: Employee Rights Tookkit

IMMIGRATION AND POLICY: Employee Rights Tookkit: Posted by the NY Immigration Attorney Norka M. Schell Employee Rights Toolkit U.S. Citizenship and Immigration Services (USCIS) has an...

Employee Rights Tookkit

Posted by the NY Immigration Attorney Norka M. Schell

Employee Rights Toolkit

U.S. Citizenship and Immigration Services (USCIS) has announced that it has released a new online “Employee Rights Toolkit” to increase awareness about employee rights during the employment eligibility verification process. This toolkit, designed for workers, worker advocates, and other stakeholders, contains a variety of educational materials, such as E-Verify employee rights videos, informative fliers, brochures, and posters. It also contains information about USCIS multilingual engagement opportunities and guidance on avoiding immigration scams or the unauthorized practice of immigration law and videos, audios, and handouts about Self Check, a free online service of E-Verify that allows workers to check their own employment eligibility status. 

Most of the materials are available in English and Spanish. The entire toolkit may be viewed online at http://1.usa.gov/PnX3XM 

IMMIGRATION AND POLICY: Visa Bulletin for November 2012

IMMIGRATION AND POLICY: Visa Bulletin for November 2012: Posted by the New York Immigration Attorney Norka M. Schell NY Law Offices of Norka M. Schell, LLC www.lawschell.com             ...

Visa Bulletin for November 2012

Posted by the New York Immigration Attorney Norka M. Schell
NY Law Offices of Norka M. Schell, LLC
www.lawschell.com

                        Visa Bulletin for November 2012

Family Priority Date 

F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 22JUN10.

 F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 22JUN10 and earlier than 15JUL10. 

All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.

Employment Preference Categories 

The Employment First Preference category remained current for all chargeability areas. 

The Second Preference cutoff for all areas except China mainland-born and India are now current. The cut-off for China mainland-born advanced six weeks to September 1, 2007. The cut-off for India remained at September 1, 2004.

The Employment Third Preference category for Mexico and Worldwide advanced one month to stand at November 22, 2006. The cut-off for the Philippines advanced one week to August 8, 2006. The cutoff date for India also advanced one week to stand at October 22, 2002. The cutoff for mainland-born China advanced 10 weeks to April 15, 2006. For the Third Preference Other Workers category, the Worldwide and Mexico dates advanced one month to November 22, 2006. The Philippines cutoff date advanced one week to August 8, 2006. China mainland-born advanced over one week to stand at July 1, 2003. The cutoff date for India advanced one week to October 22, 2002.

The Fourth Preference categories are now all current as is the Fifth Preference. 

Important Note:

Immigrant visa numbers in the diversity visa (DV) category are now available to qualified DV-2013 applicants chargeable to all regions and eligible countries as follows (visas are available only for applicants with DV lottery rank numbers below the cutoff number): Africa: 13,900, except Egypt: 6,600, Ethiopia: 9,100, and Nigeria: 8,500; Asia: 2,350; Europe: 7,000; North America (Bahamas): 2; Oceania: 400; South America and the Caribbean: 500. 

For  more information please view our website news and resources or contact the New York Law Offices of Norka M. Schell, LLC at (212) 564-1589.