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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June 22, 2012
IMMIGRATION AND POLICY: Changes in U.S. Treaty Trader and Investor Visas (...
IMMIGRATION AND POLICY: Changes in U.S. Treaty Trader and Investor Visas (...: Posted by Norka M. Schell, Esq. US Embassy Press Release Beginning July 1, 2012 the U.S. Mission in Mexico will centralize all E-vis...
Changes in U.S. Treaty Trader and Investor Visas (E visas) Processing
Posted by Norka M. Schell, Esq.
US Embassy Press Release
Beginning July 1, 2012 the U.S. Mission in Mexico will centralize all E-visas adjudications in Mexico at the visa posts. After Jul1, all review of E visa applications in Mexico will occur at the following three posts: U.S. Embassy in Mexico City; U.S. Consulate General in Monterrey; and U.S. Consulate General in Tijuana.
To facilitate and to ensure an efficient, thorough and transparent review of all E visa applications, all submissions of documents in support of the application must be organized and presented in the standardized format as described for E-1s and E-2s on the U.S. Mission website (mexico.state.gov).
Scheduling of appointments and payment of fees will continue to be done through the US Embassy online services and call center. Applicants may continue to choose any one of the our 14 Applicant Service Centers (ASC) throughout Mexico to provide the required biometrics (digital photographs and fingerprints). The ASC will then schedule appointments for interview in one of the three processing posts, Mexico City, Monterrey or Tijuana, based on applicant's preference and appointment availability. Documents in support of the application may be submitted in person at the ASC in Mexico City, Monterrey or Tijuana or mailed directly by the applicant to the visa section which will conduct the interview and adjudicate the visa.
Treaty Trader visas (E-1) and Treaty Investor visa (E-2) are non-immigrant visas for nationals of a country with which the United States maintains a treaty of friendship, commerce and navigation (which includes Mexico) who wish to go to the United States for one of two purposes: to carry on substantial trade, principally between the United States and the treaty country (E-1); or to develop and direct the operations of an enterprise in which the national has invested or is in the process of investing a substantial amount of capital (E-2). For additional information about E visas and detail on how to apply, please visit the U.S. Embassy's website (mexico.usembassy.gov).
US Embassy Press Release
Beginning July 1, 2012 the U.S. Mission in Mexico will centralize all E-visas adjudications in Mexico at the visa posts. After Jul1, all review of E visa applications in Mexico will occur at the following three posts: U.S. Embassy in Mexico City; U.S. Consulate General in Monterrey; and U.S. Consulate General in Tijuana.
To facilitate and to ensure an efficient, thorough and transparent review of all E visa applications, all submissions of documents in support of the application must be organized and presented in the standardized format as described for E-1s and E-2s on the U.S. Mission website (mexico.state.gov).
Scheduling of appointments and payment of fees will continue to be done through the US Embassy online services and call center. Applicants may continue to choose any one of the our 14 Applicant Service Centers (ASC) throughout Mexico to provide the required biometrics (digital photographs and fingerprints). The ASC will then schedule appointments for interview in one of the three processing posts, Mexico City, Monterrey or Tijuana, based on applicant's preference and appointment availability. Documents in support of the application may be submitted in person at the ASC in Mexico City, Monterrey or Tijuana or mailed directly by the applicant to the visa section which will conduct the interview and adjudicate the visa.
Treaty Trader visas (E-1) and Treaty Investor visa (E-2) are non-immigrant visas for nationals of a country with which the United States maintains a treaty of friendship, commerce and navigation (which includes Mexico) who wish to go to the United States for one of two purposes: to carry on substantial trade, principally between the United States and the treaty country (E-1); or to develop and direct the operations of an enterprise in which the national has invested or is in the process of investing a substantial amount of capital (E-2). For additional information about E visas and detail on how to apply, please visit the U.S. Embassy's website (mexico.usembassy.gov).
June 21, 2012
IMMIGRATION AND POLICY: Matter of Isidro-Zamorano
IMMIGRATION AND POLICY: Matter of Isidro-Zamorano: Norka M. Schell, Esq. Cancellation of removal is a form of discretionary relief from removal. To be eligible for cancellation of removal,...
Matter of Isidro-Zamorano
Norka M. Schell, Esq.
Cancellation of removal is a form of discretionary relief from removal. To be eligible for cancellation of removal, an applicant must establish, among other things, “that removal would result in exceptional and extremely unusual hardship to the alien's spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.” For immigration purpose, a “child” is “an unmarried person under twenty-one years of age.”
The Board of Immigration Appeals (BIA or Board) in Matter of Isidro-Zamorano, 25 I. & N. Dec. 829 (B.I.A. June 15, 2012), held that an applicant for cancellation of removal whose son or daughter met the definition of a “child” when the application was filed but turned 21 years of age before the immigration judge (IJ) adjudicated the application on the merits no longer has a qualifying relative under INA § 240A(b)(1)(D).
Isidro-Zamorano is a native and citizen of Mexico who entered the U.S. without inspection on May 1, 1994. His son, who is a U.S. citizen, was born on January 29, 1985. Isidro-Zamorano was caught by Immigration and placed in proceedings. He was found in violation of immigration law. He filed his application for cancellation of removal in 2005 when his son was under the age of 21. His son turned 21 in January 2006 before the cancellation application was adjudicated. The Immigration Judge found that Isidro-Zamorano's son could no longer be a qualifying relative for purposes of establishing the respondent's eligibility for cancellation of removal and denied the application.
Cancellation of removal is a form of discretionary relief from removal. To be eligible for cancellation of removal, an applicant must establish, among other things, “that removal would result in exceptional and extremely unusual hardship to the alien's spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.” For immigration purpose, a “child” is “an unmarried person under twenty-one years of age.”
The Board of Immigration Appeals (BIA or Board) in Matter of Isidro-Zamorano, 25 I. & N. Dec. 829 (B.I.A. June 15, 2012), held that an applicant for cancellation of removal whose son or daughter met the definition of a “child” when the application was filed but turned 21 years of age before the immigration judge (IJ) adjudicated the application on the merits no longer has a qualifying relative under INA § 240A(b)(1)(D).
Isidro-Zamorano is a native and citizen of Mexico who entered the U.S. without inspection on May 1, 1994. His son, who is a U.S. citizen, was born on January 29, 1985. Isidro-Zamorano was caught by Immigration and placed in proceedings. He was found in violation of immigration law. He filed his application for cancellation of removal in 2005 when his son was under the age of 21. His son turned 21 in January 2006 before the cancellation application was adjudicated. The Immigration Judge found that Isidro-Zamorano's son could no longer be a qualifying relative for purposes of establishing the respondent's eligibility for cancellation of removal and denied the application.
June 19, 2012
IMMIGRATION AND POLICY: RELIEF FOR DREAMers
IMMIGRATION AND POLICY: RELIEF FOR DREAMers: Posted by Norka M. Schell, Esq. On June 15, 2012, Secretary Napolitano Announced Deferred Action Process for Young People Who Are Low Enfo...