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September 1, 2015

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: CONSULAR PROCESSING OR ADJUSTMENT OF STATUS

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: CONSULAR PROCESSING OR ADJUSTMENT OF STATUS: LAW OFFICES OF NORKA M. SCHELL, LLC BLOG 11 Broadway, Suite 615 New York, New York 10004 Tel(s). (212)564-1589/ (973)621-0606 W...

CONSULAR PROCESSING OR ADJUSTMENT OF STATUS

LAW OFFICES OF NORKA M. SCHELL, LLC BLOG

11 Broadway, Suite 615
New York, New York 10004
Tel(s). (212)564-1589/ (973)621-0606

Website: www.lawschell.com 


Under the Immigration and Nationality Act (INA). there are two primary paths to the permanent resident status (a green card). There are known as ConsularProcessing and Adjustment of Status.  

To apply for an immigrant visa, an individual must first be sponsor by a a United States citizen relative, United States lawful permanent resident, or by a prospective employer, and be the beneficiary of an approved petition.

Most immigrants becomes eligible for permanent residence (green card) through a petition filed on his or her behalf by a family member or employer. Others become permanent residents through first obtaining refugee or asylum status, or though a number of other special provisions.

A United States citizen can file an immigrant visa petition for: spouse; son or daughter; parent; and brother and sister. 

A Lawful Permanent Resident can file an immigrant visa petition for: spouse or unmarried son or daughter. 


CONSULAR PROCESSING
An  individual who is the beneficiary of an approved immigrant petition and has an immigrant visa number immediately available may apply a U.S. Department of State consulate abroad for an immigrant visa in order to come to the United Sates and be admitted as a permanent resident. This path is referred to as "consular processing."


ADJUSTMENT OF STATUS
An individual who is already in the United States (in lawful status), can apply for permanent resident status without having to return to his or her home country to complete processing. 

The individual along with his or her immigration lawyer must determine which specific immigrant category best fit to his or her qualifications and/or needs. 

For more information about Consular Processing and Adjustment of Status, please contact our office or visit our website. 



August 14, 2015

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: 2015 SEPTEMBER BULLETIN VISA UPDATE

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: 2015 SEPTEMBER BULLETIN VISA UPDATE: LAW OFFICES OF NORKA M. SCHELL BLOG 11 Broadway, Suite 615 New York, NY 10004 Tel. (212)564-1589 / (973)621-9300 Website www.law...

2015 SEPTEMBER BULLETIN VISA UPDATE


LAW OFFICES OF NORKA M. SCHELL BLOG

11 Broadway, Suite 615
New York, NY 10004
Tel. (212)564-1589 / (973)621-9300



Here is a summary of the availability of immigrant visas during the September 2015 released by the U.S. Department of State.


FAMILY-SPONSORED PREFERENCES
Family-SponsoredAll Chargeability Areas Except Those ListedCHINA-mainland bornINDIAMEXICOPHILIPPINES
F115DEC0715DEC07 15DEC0715NOV9422OCT00
F2A01MAR1401MAR1401MAR1401FEB1401MAR14
F2B22DEC0822DEC0822DEC0815JUL95 08SEP04
F308MAY0408MAY0408MAY0422MAY9415SEP93
F415JAN0315JAN0315JAN0315MAR9701MAR92



EMPLOYMENT-BASED PREFERENCES

Employment- Based
All Chargeability Areas Except Those Listed
CHINA - mainland bornINDIAMEXICOPHILIPPINES
1stCCCCC
2ndC01JAN0601JAN06CC
3rd15AUG1522DEC0422DEC0415AUG1522DEC04
Other Workers15AUG1501JAN0422DEC0415AUG1522DEC04
4thCCCCC
Certain Religious WorkersCCCCC
5th
Targeted
Employment
Areas/
Regional Centers
and Pilot Programs
C22SEP13CCC
LAW OFFICES OF NORKA M. SCHELL BLOG

11 Broadway, Suite 615
New York, NY 10004
Tel. (212)564-1589 / (973)621-9300


The U.S. District Court for the District of Colombia significantly curtailed        immigration benefits for foreign students in the United States on F-1 visas. In her opinion in the case Washington Alliance of Technology Workers vs. U.S. Department of Homeland Security, U.S. District Judge Ellen Segal Hovelled        invalidated USCIS’s 2008 17-month Optional Practical Training (OPT) extension rule. DHS argued that it had good cause to publish the regulation in 2008 as an emergency rule because thousands of highly skilled individual educated at U.S.
colleges and universities would otherwise have been forced to leave the U.S.  Judge Hovelled held that DHS failed to show it faced an emergency situation in 2008 that exempted it from carrying out the notice and comment requirement, 
thus making DHS’ rule invalid.

Judge Hovelled stayed her decision until February 12, 2016 because the “immediate vacatur of the 2008 Rule would be seriously disruptive” and “would force ‘thousands of foreign students with work authorizations . . . to scramble to depart the United States.’” 

Unless DHS passes a new rule this decision will adversely affect three key areas of business immigration:

1.  F-1 STEM work authorizations will stop being valid on February 12, 2016. This will affect both F-1 students who currently hold STEM OPT as well as individuals who would be eligible for STEM OPT as of February 12, 2016.
2.  H-1B/F-1 cap gap will no longer be automatic.  DHS will have to formally announce that the H-1B cap is met and then publish a notice in the federal register. This will result in uncertainty for both employers and F-1 students, as “cap Gap” protections will no longer be automatic but will instead depend on affirmative action by DHS.

3.  F-1 students will only be permitted to apply for work authorization while still in school; post- graduation applications will be no longer available.

The litigation continues and hopefully, STEM OPT will not be interrupted. 

August 8, 2015

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: SECURITY ENHANCEMENTS TO THE VISA WAIVER PROGRAM

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: SECURITY ENHANCEMENTS TO THE VISA WAIVER PROGRAM: LAW OFFICES OF NORKA M SCHELL BLOG 11 Broadway, Suite 615 New York, New York 10004 Tel. (212)564-1589 / (973)621-9300 Website: ...

SECURITY ENHANCEMENTS TO THE VISA WAIVER PROGRAM

LAW OFFICES OF NORKA M SCHELL BLOG

11 Broadway, Suite 615
New York, New York 10004
Tel. (212)564-1589 / (973)621-9300

Website: www.lawschell.com


Release Date: August 6, 2015 
For Immediate Release
DHS Press Office
Statement by Secretary Jehn C. Johnson on Intention to Implement Security Enhancements to the Visa Waiver Program
As I have said a number of times now, the current global threat environment requires that we know more about those who travel to the United States. This includes those from countries for which we do not require a visa. Additionally, United Nations Security Council Resolution 2178, adopted last September with our strong support, urges member nations to do more to address the growing threat of foreign terrorist fighters.
Today the U.S. government is taking a significant step toward these objectives.
Our Visa Waiver Program is a valuable program for lawful trade and travel with this Nation’s most trusted partners. Currently, there are 38 participants in the Program. There is more we can do to enhance the security of this valuable program.
Today I announce that the Department of Homeland Security and the Department of State, along with certain other federal agencies, will begin introducing a number of additional or revised security criteria for all participants in the Visa Waiver Program. These criteria will apply to both new and current members of the Program, and current Program members are being consulted about these changes.  
Most significant among the new security requirements: 
  • Required use of e-passports for all Visa Waiver Program travelers coming to the United States,
  • Required use of the INTERPOL Lost and Stolen Passport Database to screen travelers crossing a Visa Waiver country’s borders,
  • Permission for the expanded use of U.S. federal air marshals on international flights from Visa Waiver countries to the United States.
These security enhancements build on changes we made last fall, when we added additional data fields of information in the application (known as the Electronic System for Travel Authorization, or “ESTA”) of those seeking to travel to the United States with Visa Waiver passports.
The security enhancements we announce today are part of this Department’s continuing assessments of our homeland security in the face of evolving threats and challenges, and our determination to stay one step ahead of those threats and challenges. And, it is our considered judgment that the security enhancements we announce today will not hinder lawful trade and travel with our partners in the Visa Waiver Program. These measures will enhance security for all concerned.

July 31, 2015

ADEMO v. LYNCH



LAW OFFICES OF NORKA M. SCHELL BLOG

11 Broadway, Suite 615
New York, New York 10004
Tel. (212)564-1589 / (973)621-9300

Website: www.lawschell.com 



A person who is granted asylum (often called an "asylee") has the immediate legal right to live and work in the United States.

While asylum is a relative secure immigration status to have in the United State, there are certain limitation and responsibilities which come with the status. 

Some asylees who who are applying fro a green card will have to submit additional paperwork along with their applications, for example, if an asylee has been convicted of certain crimes, or was forced to make misrepresentation in an initial visa application in order to escape persecution, that person must apply for a "waiver of inadmissibility" to qualify for lawful permanent resident status. Certain crimes and misrepresentation can legally bar a person from obtaining lawful permanent status, and in some instances can lead to revocation of a person's asylum status.  This is what happened to Mr. Ademo. 

Mr. Ademo travel from Etiopia, and entered the U.S. in 2002. He carried a valid Ehiopian passport and non-immigrant visitor's visa issued under the name of Hiko. Shortly thereafter, he sought asylum. He asserted that the Ehiopian government persecuted him on account of his political opinion, and that he had a well-founded fear of persecution if he were returned. Mr. Ademo claimed that he was detained and beaten because of his membership in ithe Oromo ethnic group and in retaliation for his support of an organization called the Oromo Liberation Front. Mr. Ademo admitted that he traveled under a false name and the Immigration Judge expressed concern about his testimony that he was allowed to leaved jail to take a school finishing exam during a period of alleged persecution, but granted he his application for asylum. In July 2006, however, newly discovered evidence relating to Mr. Ademo's identity. The Immigration judge granted the motion. Ultimately, the Board of Immigration Appeals denied Mr. Ademo application for asylum, withholding of removal, and protection under the Convention Against Torture. See Ademo v. Lynch, No. 13-2621 (8th Cir. 2015) decided on July 30, 2015.


July 24, 2015

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: VISA BULLETIN FOR AUGUST 2015

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: VISA BULLETIN FOR AUGUST 2015: LAW OFFICES OF NORKA M. SCHELL BLOG 11 Broadway, Suite 615 New York, NY 10004 Tel. (212)564-1589 / (973)621-9300 Website: w...

VISA BULLETIN FOR AUGUST 2015




LAW OFFICES OF NORKA M. SCHELL BLOG

11 Broadway, Suite 615
New York, NY 10004
Tel. (212)564-1589 / (973)621-9300

Website: www.lawschell.com 



FAMILY-SPONSORED PREFERENCES

Family-SponsoredAll Chargeability Areas Except Those ListedCHINA-mainland bornINDIAMEXICOPHILIPPINES
F101NOV0701NOV07 01NOV0715NOV9415MAR00
F2A15DEC1315DEC1315DEC1301NOV1315DEC13
F2B15NOV0815NOV0815NOV0808APR95 22MAY04
F308APR0408APR0408APR0422APR9422AUG93
F401DEC0201DEC0201DEC0201MAR9715JAN92



EMPLOYMENT-BASED PREFERENCES

Employment- Based
All Chargeability Areas Except Those Listed
CHINA - mainland bornINDIAMEXICOPHILIPPINES
1stCCCCC
2ndC15DEC1301OCT08CC
3rd15JUL1501JUN0401JUN0415JUL1501JUN04
Other Workers15JUL1501JAN0401JUN0415JUL1501JUN04
4thCCCCC
Certain Religious WorkersCCCCC
5th
Targeted
Employment
Areas/
Regional Centers
and Pilot Programs
C01SEP13CCC

July 18, 2015

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: THE REASONS FOR EXPANDING THE VISA WAIVER PROGRAM

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: THE REASONS FOR EXPANDING THE VISA WAIVER PROGRAM: LAW OFFICES OF NORKA M. SCHELL BLOG 11 Broadway, Suite 615 New York, NY 10004 Tel. (212)564-1589/ (973)621-9300 Website: www...

THE REASONS FOR EXPANDING THE VISA WAIVER PROGRAM




LAW OFFICES OF NORKA M. SCHELL BLOG

11 Broadway, Suite 615
New York, NY 10004
Tel. (212)564-1589/ (973)621-9300

Website: www.lawschell.com 




WHY EXPAND THE VISA WAIVER PROGRAM:

VWP increases international visitation to the United States. Extending the Visa Waiver Program to strong candidates such as Brazil, Poland, Israel, Croatia and other select countries would:

Add 1 million additional visitors to the United States;

Add nearly $10 billion to the U.S. economy; and

Support nearly 60,000 additional American jobs.

Expansion will help local communities. Inbound international travel to the United States is America’s number one service export. Overseas visitors — i.e., international visitors other than those from our next-door neighbors Canada and Mexico — spend an average of nearly $4,500 per trip and generate tax revenue in communities across America without burdening local services, such as public schools and fire departments.

Expansion will support American jobs and economic growth.
International visitors:

Support 1.2 million American jobs, and

Add $180.7 billion annually to the U.S. economy.

Expansion will enhance U.S. security. Visa-free travelers to the United States are pre-screened and pre-approved for entry, resulting in enhanced border security and a more secure customs and entry process.

Expansion does not increase risk of overstay. The overwhelming majority of visa applicants from Brazil and other countries under consideration for Visa Waiver eligibility abide by the terms of their visas, and there is no reason to believe that VWP expansion would change that.

VWP is working. Expanding the program would increase its benefits. Visitors from 38 countries currently enjoy secure, visa-free entry into the United States. Updating the VWP eligibility requirements to allow visa-free entry for more travelers from countries closely allied to the United States, including Poland, Israel and Brazil, would boost U.S. economic growth and job creation.*1 













---------------------------------
1. See U.S. Travel Association Global Entry available at https://www.ustravel.org/government-affairs/international-policy-issues; Electronic System for Travel Authorization available at http://www.cbp.gov/travel/international-visitors/esta







July 13, 2015

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: LAW OFFICES OF NORKA M. SCHELL BLOG11 Broadway, S...

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: LAW OFFICES OF NORKA M. SCHELL BLOG
11 Broadway, S...
: LAW OFFICES OF NORKA M. SCHELL BLOG 11 Broadway, Suite 615 New York, New York 10004 Tel. (212)564-1589 Website: www.lawschell.com...
LAW OFFICES OF NORKA M. SCHELL BLOG

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


Here is the Department of State summary of the availability of the immigrant numbers during the August 2015.


FAMILY SPONSORED PREFERENCES
Family-SponsoredAll Chargeability Areas Except Those ListedCHINA-mainland bornINDIAMEXICOPHILIPPINES
F101NOV0701NOV07 01NOV0715NOV9415MAR00
F2A15DEC1315DEC1315DEC1301NOV1315DEC13
F2B15NOV0815NOV0815NOV0808APR95 22MAY04
F308APR0408APR0408APR0422APR9422AUG93
F401DEC0201DEC0201DEC0201MAR9715JAN92


EMPLOYMENT-BASED PREFERENCES
Employment- Based
All Chargeability Areas Except Those Listed
CHINA - mainland bornINDIAMEXICOPHILIPPINES
1stCCCCC
2ndC15DEC1301OCT08CC
3rd15JUL1501JUN0401JUN0415JUL1501JUN04
Other Workers15JUL1501JAN0401JUN0415JUL1501JUN04
4thCCCCC
Certain Religious WorkersCCCCC
5th
Targeted
Employment
Areas/
Regional Centers
and Pilot Programs
C01SEP13CCC