By Norka M. Schell, NYC Immigration Lawyer
Law Offices of Norka M. Schell, LLC
Tel. (212)554-1589
Website: www.lawschell.com
A non citizen is inadmissible to the United States if he or she has committed or, in some cases admits to committing, a crime involving moral turpitude (unless the person was under 18 years of age at the time the crime was committed, he or she committed only one crime the penalty for which was less than one year imprisonment and a sentence of six months or less was imposed, and the crime was committed or the person was released from confinement more than five years before applying for admission) or multiple criminal convictions for which the aggregate sentences to confinement were five years or more. A non citizen may be removed from the United States if he or she was inadmissible at the time of entry or upon conviction of the following: (1) a crime involving moral turpitude committed within five years of entry (or 10 years in the case of an offender with certain lawful permanent resident status) and for which a sentence of one year or longer may be imposed; (2) two or more crimes of moral turpitude not arising out of a single scheme; (3) an aggravated felony; (4) a drug offense (other than one involving possession of 30 grams or less of marijuana for one's own use); (5) certain firearms offenses; (7) certain immigration offenses; or (8) a domestic violence offense.
There are some forms of relief available to non citizens with criminal convictions under certain conditions which may include the following:
(1) cancellation of removal for certain permanent resident
(2) former INA section 212(c) relief
(3) asylum
(4) withholding or removal
(5) relief under the Convention Against Torture (CAT)
(6) general nonimmigrant waiver
(7) waiver for certain criminal conduct
(8) the "petty offense" exception
(9) citizenship
Unfortunately, most of the available relief does not eliminate grounds of inadmissibility for a great number of crimes.
Non citizens subject to removal based on convictions for crimes of moral turpitude, aggravated felonies, high speed flight and multiple criminal convictions may avoid removal if granted a "full and unconditional" pardon by the President, the governor of the State, or a constitutionally recognized executive. A pardon will only waive the grounds of removal specifically set forth in INA section 237(a)(2)(A)(v) [8 U.S.C.A. section 1227 (a)(2)(A)(v)] which are crimes of moral turpitude, multiple criminal convictions, aggravated felony, and high speed flight from a DHS checkpoint. No implicit waivers may be read into the statute.
A pardon eliminates the immigration consequences of a given crime for future entries. Therefore, a non citizen who has received a pardon is not deportable as inadmissible at the time of admission for a crime or crimes covered in the pardon.
State of New York Pardon
The authority to issue pardons in the state of New York is vested with the governor. Similar to procedures in other states, the governor is required to report annually on the number of pardons and his or her reasons for granting such. The Board of Parole is charged with advising the governor on clemency cases when so requested. Absent compelling reasons, a pardon will not be considered if there are administrative remedies available. In New York, pardons are only considered for the following reasons: (1) to set aside a conviction in cases of innocence; (2) to relieve collateral disability; or (3) to prevent deportation or permit reentry. An Executive Clemency Bureau within the Division of Parole is charged with screening candidates for eligibility requirements, gathering materials relating to applications, and responding to letters from applicants and other relating tot he application process. In recent years there have been very few pardons granted in New York.
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.
April 28, 2014
A "Conviction" Under Immigration Law
By Norka M. Schell, Immigration Lawyer
Law Offices of Norka M. Schell, LLC
Tel. (212)564-1589
Website: www.lawschell.com
Most crime-related grounds of deportability, as well as some crime-related grounds of inadmissibility, require a conviction in order to make the non citizen deportable or inadmissible. Even where a conviction is not required, the Department of Homeland Security (DHS) may not be able to establish criminal conduct without a conviction.
What is a conviction under immigration law? To determine what is a conviction under immigration law, one must look first to the immigration statute that defines "conviction," added by the Illegal Immigration Reform and Immigration Responsibility Act of 1996 (IIRIRA). A conviction exists where there has been a formal judgement of guilty entered by a court or if adjudication has been withheld, where all of the following elements are present:
(1) a judge or a jury has found the alien guilty or the alien has entered a plea of guilty or nolo contendere or has admitted sufficient facts to warrant a finding of guilty; and
(2) the judge has ordered some form of punishment, penalty, or restraint on the alien's liberty to be imposed.
A conviction does not occur at the time the court accepts the guilty plea, but rather at the "date on which judgment is entered on the docket" which under the Federal R. Crim. P. 32(d)(1) is after sentencing.
Before 1996, the immigration law did not include a definition of "conviction." What state dispositions constituted a conviction was a matter of case law. In a key decision in 1988, Matter of Ozkok, the Board of Immigration Appeals (BIA) ruled that a conviction exits for immigration purposes if a court entered a formal judgment of guilt or, if adjudication of guilt was withheld, where all of the following three elements were present: (1) a judge or jury found the individual guilty, or admitted sufficient facts to warrant a finding of guilty, (2) the judge ordered some form of punishment, penalty, or restraint on the person's liberty to the imposed, and (3) a judgment or adjudication of guilt may be entered if the person violates the terms of the person's probation or fails to comply with the requirements of the court's order, without availability of further proceedings on the question of guilt or innocence.
Thus, even before 1996, the BIA had defined conviction to include some dispositions that did not constitute a formal judgment of guilt, i.e., cases where there was some finding or admission of guilt by where the state deferred formal adjudication and might even eventually dismiss the criminal charges. The BIA did, however, exclude from its "conviction" determination any disposition where adjudication of guilt had been withheld based on fulfillment of certain conditions if a further hearing on guilt or innocence was required if those conditions were not fulfilled.
Under the current statutory definition of conviction, a state disposition is not a conviction under immigration law unless there has some finding, plea, or admission of guilt.
The statutory definition of a conviction under INA section 101(a)(48)(A) requires some form of penalty or punishment to be imposed. The BIA has determined that the imposition of costs and surcharges in a criminal sentence constitutes a "form of penalty or punishment" for purpose of this section.
Where a state allows for the entry of a judgment of guilt under a standard less than "beyond a reasonable doubt" and the state need not provide counsel or a jury, a "criminal conviction" is not a conviction under the INA section 101(a)(48)(A).
While the federal definition of conviction is controlling, a person will not be deemed convicted under the INA if there is a no plea entered under state law.
A conviction vacated for a legal defect (and not due to a rehabilitative statue) is not a conviction for immigration purposes.
Conviction on appeal
Before Congress codified the definition of conviction in 1996, the Supreme Court had required that a conviction be final before it could be used to support a conviction-based ground of deportability. The Board of Immigration Appeals had also found that a conviction does not count for immigration purpose s until direct appellate review has been exhausted of waived. Although some federal reviewing courts have indicated that the statutory definition of conviction added to the immigration statute in 1996 eliminated the finality requirement, other courts have indicated that the finality requirement remains in force.
Even if finality is still required before a conviction may be used to support a conviction based-ground of removability, the Board has held that New York State court's acceptance of a late-filed appeal under N.Y. Crim. Proc. Law section 460.30 does not prevent the conviction from being deemed a valid predicate for a charge of removability. However, in an unpublished decision, the Second Circuit has reversed this decision, stating the BIA misinterpreted New York law and finding that a section 460.30 late appeal is equivalent to any other direct appeal for the purposes of finality. The Second Circuit then remanded for the Board to address, in the first instance, the effect of the IIRIRA's definition of conviction on the traditional finality requirement.
Law Offices of Norka M. Schell, LLC
Tel. (212)564-1589
Website: www.lawschell.com
Most crime-related grounds of deportability, as well as some crime-related grounds of inadmissibility, require a conviction in order to make the non citizen deportable or inadmissible. Even where a conviction is not required, the Department of Homeland Security (DHS) may not be able to establish criminal conduct without a conviction.
What is a conviction under immigration law? To determine what is a conviction under immigration law, one must look first to the immigration statute that defines "conviction," added by the Illegal Immigration Reform and Immigration Responsibility Act of 1996 (IIRIRA). A conviction exists where there has been a formal judgement of guilty entered by a court or if adjudication has been withheld, where all of the following elements are present:
(1) a judge or a jury has found the alien guilty or the alien has entered a plea of guilty or nolo contendere or has admitted sufficient facts to warrant a finding of guilty; and
(2) the judge has ordered some form of punishment, penalty, or restraint on the alien's liberty to be imposed.
A conviction does not occur at the time the court accepts the guilty plea, but rather at the "date on which judgment is entered on the docket" which under the Federal R. Crim. P. 32(d)(1) is after sentencing.
Before 1996, the immigration law did not include a definition of "conviction." What state dispositions constituted a conviction was a matter of case law. In a key decision in 1988, Matter of Ozkok, the Board of Immigration Appeals (BIA) ruled that a conviction exits for immigration purposes if a court entered a formal judgment of guilt or, if adjudication of guilt was withheld, where all of the following three elements were present: (1) a judge or jury found the individual guilty, or admitted sufficient facts to warrant a finding of guilty, (2) the judge ordered some form of punishment, penalty, or restraint on the person's liberty to the imposed, and (3) a judgment or adjudication of guilt may be entered if the person violates the terms of the person's probation or fails to comply with the requirements of the court's order, without availability of further proceedings on the question of guilt or innocence.
Thus, even before 1996, the BIA had defined conviction to include some dispositions that did not constitute a formal judgment of guilt, i.e., cases where there was some finding or admission of guilt by where the state deferred formal adjudication and might even eventually dismiss the criminal charges. The BIA did, however, exclude from its "conviction" determination any disposition where adjudication of guilt had been withheld based on fulfillment of certain conditions if a further hearing on guilt or innocence was required if those conditions were not fulfilled.
Under the current statutory definition of conviction, a state disposition is not a conviction under immigration law unless there has some finding, plea, or admission of guilt.
The statutory definition of a conviction under INA section 101(a)(48)(A) requires some form of penalty or punishment to be imposed. The BIA has determined that the imposition of costs and surcharges in a criminal sentence constitutes a "form of penalty or punishment" for purpose of this section.
Where a state allows for the entry of a judgment of guilt under a standard less than "beyond a reasonable doubt" and the state need not provide counsel or a jury, a "criminal conviction" is not a conviction under the INA section 101(a)(48)(A).
While the federal definition of conviction is controlling, a person will not be deemed convicted under the INA if there is a no plea entered under state law.
A conviction vacated for a legal defect (and not due to a rehabilitative statue) is not a conviction for immigration purposes.
Conviction on appeal
Before Congress codified the definition of conviction in 1996, the Supreme Court had required that a conviction be final before it could be used to support a conviction-based ground of deportability. The Board of Immigration Appeals had also found that a conviction does not count for immigration purpose s until direct appellate review has been exhausted of waived. Although some federal reviewing courts have indicated that the statutory definition of conviction added to the immigration statute in 1996 eliminated the finality requirement, other courts have indicated that the finality requirement remains in force.
Even if finality is still required before a conviction may be used to support a conviction based-ground of removability, the Board has held that New York State court's acceptance of a late-filed appeal under N.Y. Crim. Proc. Law section 460.30 does not prevent the conviction from being deemed a valid predicate for a charge of removability. However, in an unpublished decision, the Second Circuit has reversed this decision, stating the BIA misinterpreted New York law and finding that a section 460.30 late appeal is equivalent to any other direct appeal for the purposes of finality. The Second Circuit then remanded for the Board to address, in the first instance, the effect of the IIRIRA's definition of conviction on the traditional finality requirement.
March 14, 2014
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: HIZAM V. KERRY, 12-3810
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: HIZAM V. KERRY, 12-3810: By Norka M. Schell, NYC Immigration Business Lawyer Law Offices of Norka M. Schell, LLC www.lawschell.com The Department of State (DOS) ...
HIZAM V. KERRY, 12-3810
By Norka M. Schell, NYC Immigration Business Lawyer
Law Offices of Norka M. Schell, LLC
www.lawschell.com
The Department of State (DOS) has revoked a passport of a man who has lived in the United States since 1989 because the U.S. Embassy decided it has made a mistake by recognized his citizenship in the first place, and now the U.S. Court of Appeals for the Second Circuit on March 12, 2014 "reluctantly" said it was powerless to help Yemeni-born Abdo Hizam, who always believed he was a U.S. citizen until the DOS wrote him in 2011 and said it mistakenly issued a key document believing Hizam's father had been here long enough to confer citizenship on his son. To continue reading click here.
Law Offices of Norka M. Schell, LLC
www.lawschell.com
The Department of State (DOS) has revoked a passport of a man who has lived in the United States since 1989 because the U.S. Embassy decided it has made a mistake by recognized his citizenship in the first place, and now the U.S. Court of Appeals for the Second Circuit on March 12, 2014 "reluctantly" said it was powerless to help Yemeni-born Abdo Hizam, who always believed he was a U.S. citizen until the DOS wrote him in 2011 and said it mistakenly issued a key document believing Hizam's father had been here long enough to confer citizenship on his son. To continue reading click here.
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: APRIL 2014 BULLETIN VISA UPDATE
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: APRIL 2014 BULLETIN VISA UPDATE: Posted by Norka M. Schell, NYC Business Immigration Lawyer Law Offices of Norka M. Schell, LLC Tel. (212)564-1589 www.lawschell.com FAM...
APRIL 2014 BULLETIN VISA UPDATE
Posted by Norka M. Schell, NYC Business Immigration Lawyer
Law Offices of Norka M. Schell, LLC
Tel. (212)564-1589
www.lawschell.com
FAMILY SPONSORED PREFERENCES
Law Offices of Norka M. Schell, LLC
Tel. (212)564-1589
www.lawschell.com
FAMILY SPONSORED PREFERENCES
| Family-Sponsored | All Chargeability Areas Except Those Listed | CHINA-mainland born | INDIA | MEXICO | PHILIPPINES |
| F1 | 22FEB07 | 22FEB07 | 22FEB07 | 01NOV93 | 01NOV01 |
| F2A | 08SEP13 | 08SEP13 | 08SEP13 | 15APR12 | 08SEP13 |
| F2B | 22OCT06 | 22OCT06 | 22OCT06 | 01MAY93 | 08JUN03 |
| F3 | 15JUL03 | 15JUL03 | 15JUL03 | 22JUN93 | 22FEB93 |
| F4 | 22NOV01 | 22NOV01 | 22NOV01 | 22NOV96 | 01OCT90 |
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 | 08MAR09 | 15NOV04 | C | C |
| 3rd | 01OCT12 | 01OCT12 | 15SEP03 | 01OCT12 | 15JUN07 |
| Other Workers | 01OCT12 | 01OCT12 | 15SEP03 | 01OCT12 | 15JUN07 |
| 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 |
March 13, 2014
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: H-1B FISCAL YEAR 2015 CAP SEASON BEGINS ON APRIL 1...
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: H-1B FISCAL YEAR 2015 CAP SEASON BEGINS ON APRIL 1...: By Norka M. Schell, NYC Business Immigration Lawyer Law Offices of Norka M. Schell, LLC Phone (212)564-1589 Website: www.lawschell.com ...
H-1B FISCAL YEAR 2015 CAP SEASON BEGINS ON APRIL 1, 2014
By Norka M. Schell, NYC Business Immigration Lawyer
Law Offices of Norka M. Schell, LLC
Phone (212)564-1589
Website: www.lawschell.com
U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized field, including but not limited to scientist, engineers, or computer programmers. The Fiscal Year (FY) 2015 Cap season begin on April 1, 2014.
When qualification is based on an alien filing a position in a specialty occupation, the position to be filled by the alien must required the services of someone who has the credentials for that specialty occupation. The requirement that an H-1B position be in a specialty occupation can be easily met in most cases because the position involved has already clearly been held by the Service to be in a profession (which is the definitional equivalent of a specialty occupation). In those cases, the employer needs to do little to document the nature of the position. This rule of thumb applies to the following positions: engineers, accountants, lawyers, scientists, librarians, psychologists, financial analysts, systems analysts, architects, teachers, professors, journalists, editors, technical publications writes, management consultants, market research analysts.
There are gray areas around the fringes of some of these occupational titles. For example, there may be "teaching" positions in some private schools or day-care settling that are not documented as specialty occupations. If the setting is marginally related to the traditional school environment, submission of some documentation that professional teaching credentials are required would be a good idea.
The employer must do more than simply name a job title from the above list expect that classification as specialty occupation will follow. The employer must state the degree requirement and also give a description of the job duties that makes it clear that the job title fits the actual duties to be performed by the alien. As long as the job duties described by the employer fit the job title of a specialty occupation, however, the employer in these cases should not need to submit any supporting documentation regarding the nature of the position.
For assistance with your H-1B non-immigrant visa petitions for FY 2015, please contact our office or visit our website.
Law Offices of Norka M. Schell, LLC
Phone (212)564-1589
Website: www.lawschell.com
U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized field, including but not limited to scientist, engineers, or computer programmers. The Fiscal Year (FY) 2015 Cap season begin on April 1, 2014.
When qualification is based on an alien filing a position in a specialty occupation, the position to be filled by the alien must required the services of someone who has the credentials for that specialty occupation. The requirement that an H-1B position be in a specialty occupation can be easily met in most cases because the position involved has already clearly been held by the Service to be in a profession (which is the definitional equivalent of a specialty occupation). In those cases, the employer needs to do little to document the nature of the position. This rule of thumb applies to the following positions: engineers, accountants, lawyers, scientists, librarians, psychologists, financial analysts, systems analysts, architects, teachers, professors, journalists, editors, technical publications writes, management consultants, market research analysts.
There are gray areas around the fringes of some of these occupational titles. For example, there may be "teaching" positions in some private schools or day-care settling that are not documented as specialty occupations. If the setting is marginally related to the traditional school environment, submission of some documentation that professional teaching credentials are required would be a good idea.
The employer must do more than simply name a job title from the above list expect that classification as specialty occupation will follow. The employer must state the degree requirement and also give a description of the job duties that makes it clear that the job title fits the actual duties to be performed by the alien. As long as the job duties described by the employer fit the job title of a specialty occupation, however, the employer in these cases should not need to submit any supporting documentation regarding the nature of the position.
For assistance with your H-1B non-immigrant visa petitions for FY 2015, please contact our office or visit our website.
March 7, 2014
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: RECRUITING FOREIGN NATIONALS
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: RECRUITING FOREIGN NATIONALS: By Norka M. Schell, NYC Business Immigration Lawyer Law Offices of Norka M. Schell, LLC Phone: (212)564-1589 Website: www.lawschell.com...
RECRUITING FOREIGN NATIONALS
By Norka M. Schell, NYC Business Immigration Lawyer
Law Offices of Norka M. Schell, LLC
Phone: (212)564-1589
Website: www.lawschell.com
Foreign nationals, including those who have been (and continue to be) legally present in the United States, are not all automatically authorized to work. Although some foreigner maintain visa statuses that allow them virtually unlimited authorization for employment, others are eligible to work only in certain types of jobs and for certain employers. For instance, H-1B members of a specialty occupation, J-1 exchange visitors, L-1A and L-1B intra-company transferees, O-1 aliens of extraordinary ability, and TN status professionals who are citizens of Canada or Mexico.
Foreign nationals in other visa classification, such as L-2, E-2, and J-2 for spouses of L,E,and J principals, may work provided they apply for, and renew periodically, an Employment Authorization Document from United States Citizenship and Immigration Services ("USCIS").
Students or recent graduates holding F-1 status may be eligible to apply for employment authorization in limited situations, but are not automatically entitled to begin employment without first being approved through the school by the USCIS.
Obtaining and maintaining an Employment Authorization Document takes time, employers and foreign nationals should expect to encounter costs and delays in the process.
For assistance with recruiting foreign nationals, please call my office at (212)564-1589.
Law Offices of Norka M. Schell, LLC
Phone: (212)564-1589
Website: www.lawschell.com
Foreign nationals, including those who have been (and continue to be) legally present in the United States, are not all automatically authorized to work. Although some foreigner maintain visa statuses that allow them virtually unlimited authorization for employment, others are eligible to work only in certain types of jobs and for certain employers. For instance, H-1B members of a specialty occupation, J-1 exchange visitors, L-1A and L-1B intra-company transferees, O-1 aliens of extraordinary ability, and TN status professionals who are citizens of Canada or Mexico.
Foreign nationals in other visa classification, such as L-2, E-2, and J-2 for spouses of L,E,and J principals, may work provided they apply for, and renew periodically, an Employment Authorization Document from United States Citizenship and Immigration Services ("USCIS").
Students or recent graduates holding F-1 status may be eligible to apply for employment authorization in limited situations, but are not automatically entitled to begin employment without first being approved through the school by the USCIS.
Obtaining and maintaining an Employment Authorization Document takes time, employers and foreign nationals should expect to encounter costs and delays in the process.
For assistance with recruiting foreign nationals, please call my office at (212)564-1589.
EMPLOYERS' NEED FOR A STRATEGY TO RECRUIT FOREIGN NATIONALS
By Norka M. Schell, NYC Business Immigration Lawyer
Law Offices Of Norka M. Schell, LLC
Tel. (2120564-1589
Website: www.lawschell.com
Although most employers have mastered the recruitment procedures required by the employment laws, few employers has put sophisticated procedure into place relative to recruitment of foreign nationals. United States employers that recruit or receive employment inquires from foreign nationals must master specific issues related to United States Citizenship and Immigration Services ("USCIS") employment authorization, export control licenses, and prohibitions against discrimination. Employers that want to avoid Department of Homeland Security ("DHS") employment authorization and export control issues by not hiring certain foreign nationals must implement sophisticated procedures that do not violate discrimination laws. Employers that decide to hire foreign national affected by DHS and export control requirements also must implement sophisticated procedures related to that hiring.
For questions with regard recruitment of foreign nationals and employment discrimination based on nationality, please contact my office at phone number (212)564-1589.
Law Offices Of Norka M. Schell, LLC
Tel. (2120564-1589
Website: www.lawschell.com
Although most employers have mastered the recruitment procedures required by the employment laws, few employers has put sophisticated procedure into place relative to recruitment of foreign nationals. United States employers that recruit or receive employment inquires from foreign nationals must master specific issues related to United States Citizenship and Immigration Services ("USCIS") employment authorization, export control licenses, and prohibitions against discrimination. Employers that want to avoid Department of Homeland Security ("DHS") employment authorization and export control issues by not hiring certain foreign nationals must implement sophisticated procedures that do not violate discrimination laws. Employers that decide to hire foreign national affected by DHS and export control requirements also must implement sophisticated procedures related to that hiring.
For questions with regard recruitment of foreign nationals and employment discrimination based on nationality, please contact my office at phone number (212)564-1589.
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: UPDATED VISA BULLETIN FOR MARCH 2014
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: UPDATED VISA BULLETIN FOR MARCH 2014: Posted by Norka M. Schell, NYC Business Immigration Lawyer Law Offices Of Norka M. Schell, LLC Phone (2120564-1589 Website : www.lawsche...
UPDATED VISA BULLETIN FOR MARCH 2014
Posted by Norka M. Schell, NYC Business Immigration Lawyer
Law Offices Of Norka M. Schell, LLC
Phone (2120564-1589
Website: www.lawschell.com
Family-Sponsored Preferences
Employment-Based Preferences
Law Offices Of Norka M. Schell, LLC
Phone (2120564-1589
Website: www.lawschell.com
Family-Sponsored Preferences
| Family-Sponsored | All Chargeability Areas Except Those Listed | CHINA-mainland born | INDIA | MEXICO | PHILIPPINES |
| F1 | 01FEB07 | 01FEB07 | 01FEB07 | 15OCT93 | 15AUG01 |
| F2A | 08SEP13 | 08SEP13 | 08SEP13 | 15APR12 | 08SEP13 |
| F2B | 01SEP06 | 01SEP06 | 01SEP06 | 01MAY93 | 08JUN03 |
| F3 | 15JUN03 | 15JUN03 | 15JUN03 | 08JUN93 | 15FEB93 |
| F4 | 08NOV01 | 08NOV01 | 08NOV01 | 15NOV96 | 01SEP90 |
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 | 15FEB09 | 15NOV04 | C | C |
| 3rd | 01SEP12 | 01SEP12 | 15SEP03 | 01SEP12 | 01MAY07 |
| Other Workers | 01SEP12 | 01SEP12 | 15SEP03 | 01SEP12 | 01MAY07 |
| 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 |
February 19, 2014
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: DACA RENEWAL
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: DACA RENEWAL: Posted by Norka M. Schell, NYC Business Immigration Lawyer Law Offices of Norka M. Schell, LLC Tel. (212)564-1589 Website: www.lawsche...
DACA RENEWAL
Posted by Norka M. Schell, NYC Business Immigration Lawyer
Law Offices of Norka M. Schell, LLC
Tel. (212)564-1589
Website: www.lawschell.com
If you were granted deferred action for childhood arrival (DACA) prior to August 15, 2012, or if you
were granted DACA by U.S. Immigration and Customs Enforcement prior to August
15, 2012 or are a DACA recipient with an employment authorization document
(EAD) that will expire in the next 120 days, you must apply for DACA renewal to
avoid any lapse in your employment authorization or accrual of unlawful
presence in the United States.
For more information, please contact the Law Offices of Norka M. Schell, LLC at (212)564-1589 or visit the USCIS website at www.uscis.gov.
February 10, 2014
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: MARCH 2014 VISA BULLETIN UPDATED
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: MARCH 2014 VISA BULLETIN UPDATED: Posted by Norka M. Schell, NYC Immigration Lawyer Law Offices of Norka M. Schell, LLC Tel. (212) 564-1589 www.lawschell.com FAMILY-SPO...
MARCH 2014 VISA BULLETIN UPDATED
Posted by Norka M. Schell, NYC Immigration Lawyer
Law Offices of Norka M. Schell, LLC
Tel. (212) 564-1589
www.lawschell.com
FAMILY-SPONSORED PREFERENCES
Law Offices of Norka M. Schell, LLC
Tel. (212) 564-1589
www.lawschell.com
FAMILY-SPONSORED PREFERENCES
| Family-Sponsored | All Chargeability Areas Except Those Listed | CHINA-mainland born | INDIA | MEXICO | PHILIPPINES |
| F1 | 01FEB07 | 01FEB07 | 01FEB07 | 15OCT93 | 15AUG01 |
| F2A | 08SEP13 | 08SEP13 | 08SEP13 | 15APR12 | 08SEP13 |
| F2B | 01SEP06 | 01SEP06 | 01SEP06 | 01MAY93 | 08JUN03 |
| F3 | 15JUN03 | 15JUN03 | 15JUN03 | 08JUN93 | 15FEB93 |
| F4 | 08NOV01 | 08NOV01 | 08NOV01 | 15NOV96 | 01SEP90 |
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 | 15FEB09 | 15NOV04 | C | C |
| 3rd | 01SEP12 | 01SEP12 | 15SEP03 | 01SEP12 | 01MAY07 |
| Other Workers | 01SEP12 | 01SEP12 | 15SEP03 | 01SEP12 | 01MAY07 |
| 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 |
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