IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: U.S. SUPREME COURT WILL HEAR TWO CASES WITH SIGNIF...

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: U.S. SUPREME COURT WILL HEAR TWO CASES WITH SIGNIF...: On the first Monday of October, 10/06/2014, the U.S. Supreme Court opened its new term. For this new term, the  Supreme Court Justices deci...

U.S. SUPREME COURT WILL HEAR TWO CASES WITH SIGNIFICANT IMPLICATIONS FOR U.S. IMMIGRATION LAW

On the first Monday of October, 10/06/2014, the U.S. Supreme Court opened its new term. For this new term, the Supreme Court Justices decided to hear two cases with significant implications for U.S. immigration law - Melloudi v. Holder and Kerry v. Din.

Mellouli v. Holder, will answer the question of whether a noncitizen—even a green card holder—can be mandatorily detained and deported for possessing drug paraphernalia, even absent proof that the paraphernalia is related to a controlled substance. 

Moones Mellouli— a lawful permanent resident who earned two master’s degrees and worked as an actuary—was arrested while driving in Kansas. After the arrest, he was caught in jail with four tablets of Adderall, a controlled substance, in his sock. In 2010, he pled down to misdemeanor “possession of drug paraphernalia,” a charge that did not make reference to a controlled substance. In 2012, however, ICE arrested Mellouli and sought to deport him for violating a state law “relating to a controlled substance.”

Kerry v. Din, revisits the doctrine of “consular nonreviewability,” under which U.S. State Department consular officials’ decisions regarding immigration law are virtually unreviewable in courts. Even when immigration officials grant a visa petition, the State Department can still deny the actual visa for almost any reason at all. 

This scenario happened to Amber and Victor Ramirez of Kankakee, Illinois, in 2011. USCIS granted Amber’s petition for a visa for Victor, her spouse. Victor then traveled to the U.S. consulate in Juarez, Mexico to obtain the visa. The US consulate refused, however, saying only there was “reason to believe” Victor might engage in illegal activity in the United States.

Stay tuned. 

PRESIDENT OBAMA RENEWS HIS PROMISE TO USE HIS EXECUTIVE POWER TO KEEP FIGHTING FOR IMMIGRATION REFORM

Speaking to the Congressional Hispanic Caucus Institute, last week President Obama promise he will keep fighting for immigration reform. As Congress is unlikely to agree on immigration reform any time soon President Obama intends to us his power as President to take executive action after the 2014 election, but before the end of the year. 

Although the President has face strong resistance from many in the Latino community for his decision to delay the announcement until after the election (but before the end of the year-or so he promises), he was still greeted with cheers and introduced by an enthusiastic Senator Menendez (D-NJ). The President acknowledged the anger in his speech, "Now, I know there's deep frustration in many communities around the country right now. And I understand that frustration because I share it. I know the pain of families torn apart because we live with a system that's broken. But if anybody wants to know where my heart is or whether I want to have this fight, let me put those questions to rest right now. I am not going to give up this fight until it gets done."

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: U.S. VISA BULLETIN FOR NOVEMBER 2014 UPDATE

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: U.S. VISA BULLETIN FOR NOVEMBER 2014 UPDATE: OFFICES OF NORKA M. SCHELL'S BLOG Website: www.lawschelll.com  Tel. (212)564-1589  FAMILY-BASED PREFERENCES Family-Spon...

U.S. VISA BULLETIN FOR NOVEMBER 2014 UPDATE

OFFICES OF NORKA M. SCHELL'S BLOG

Website: www.lawschelll.com

 Tel. (212)564-1589 

FAMILY-BASED PREFERENCES

Family-Sponsored	All Chargeability Areas Except Those Listed	CHINA-mainland born	INDIA	MEXICO	PHILIPPINES
F1	08JUN07	08JUN07	08JUN07	08JUL94	01NOV04
F2A	01MAR13	01MAR13	01MAR13	22SEP12	01MAR13
F2B	01JAN08	01JAN08	01JAN08	08SEP94	01JAN04
F3	08DEC03	08DEC03	08DEC03	01NOV93	08JUN93
F4	08FEB02	08FEB02	08FEB02	15FEB97	01MAY91

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	08DEC09	15FEB05	C	C
3rd	01JUN12	01JAN10	22NOV03	01JUN12	01JUN12
Other Workers	01JUN12	22JUL05	22NOV03	01JUN12	01JUN12
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