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.
November 19, 2014
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: Naturalization Through Military Service
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: Naturalization Through Military Service: Naturalization Through Military Service Special provisions of the Immigration and Nationality Act (INA) authorize U.S. Citizenship and...
Naturalization Through Military Service
Naturalization Through Military Service
Special provisions of the Immigration and Nationality Act (INA) authorize U.S. Citizenship and
Immigration Services (USCIS) to expedite the application and naturalization process for current
members of the U.S. armed forces and recently discharged members. Generally, qualifying military
service includes service with one of the following branches: Army, Navy, Air Force, Marine Corps,
Coast Guard, certain components of the National Guard and the Selected Reserve of the Ready
Reserve.
In addition, spouses of members of the U.S. armed forces who are or will be deployed may be
eligible for expedited naturalization. Other provisions of the law also allow certain spouses to
complete the naturalization process abroad.
Immigration Services (USCIS) to expedite the application and naturalization process for current
members of the U.S. armed forces and recently discharged members. Generally, qualifying military
service includes service with one of the following branches: Army, Navy, Air Force, Marine Corps,
Coast Guard, certain components of the National Guard and the Selected Reserve of the Ready
Reserve.
In addition, spouses of members of the U.S. armed forces who are or will be deployed may be
eligible for expedited naturalization. Other provisions of the law also allow certain spouses to
complete the naturalization process abroad.
Qualifications
A member of the U.S. armed forces must meet the requirements and qualifications
to become a citizen of the United States. He or she must demonstrate:
to become a citizen of the United States. He or she must demonstrate:
- Good moral character
- Knowledge of the English language
- Knowledge of U.S. government and history (civics), and
- Attachment to the United States by taking an Oath of Allegiance to the U.S. Constitution
For more information on how to become a U.S. Citizen through Military Service, please contact our office to speak with an naturalization attorney.
November 11, 2014
VETERANS DAY
America is stronger because of its history as a nation of immigrants, coming from all parts of the globe.
Let's pay tribute to all those who served and fought, and die for this country, including generations of immigrants.
Immigrants have received the Medal of Honor in every war since the Medal of Honor was first established in 1861. More than 20 percent of Congressional Medal of Honor recipients in the United States wars have been for immigrants. This country is stronger because of its history as a nation of immigrants. https://seeingredaz.files.wordpress.com/2014/11/veterans_day.jpg
Let's pay tribute to all those who served and fought, and die for this country, including generations of immigrants.
Immigrants have received the Medal of Honor in every war since the Medal of Honor was first established in 1861. More than 20 percent of Congressional Medal of Honor recipients in the United States wars have been for immigrants. This country is stronger because of its history as a nation of immigrants. https://seeingredaz.files.wordpress.com/2014/11/veterans_day.jpg
November 10, 2014
DECEMBER 2014 VISA BULLETIN UPDATE
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: DECEMBER 2014 VISA BULLETIN UPDATE: LAW OFFICES OF NORKA M. SCHELL, LLC'S BLOG 11 BROADWAY, SUITE 615 NEW YORK, NY 10004 TEL. (212) 564-1589/ (973) 621-9300 WWW....
DECEMBER 2014 VISA BULLETIN UPDATE
LAW OFFICES OF NORKA M. SCHELL, LLC'S BLOG
11 BROADWAY, SUITE 615
NEW YORK, NY 10004
TEL. (212) 564-1589/ (973) 621-9300
WWW.LAWSCHELL.COM
FAMILY-SPONSORED PREFERENCES
| Family-Sponsored | All Chargeability Areas Except Those Listed | CHINA-mainland born | INDIA | MEXICO | PHILIPPINES |
| F1 | 22JUN07 | 22JUN07 | 22JUN07 | 15AUG94 | 15DEC04 |
| F2A | 22MAR13 | 22MAR13 | 22MAR13 | 01JAN13 | 22MAR13 |
| F2B | 22FEB08 | 22FEB08 | 22FEB08 | 01OCT94 | 15JAN04 |
| F3 | 15DEC03 | 15DEC03 | 15DEC03 | 15NOV93 | 22JUN93 |
| F4 | 22FEB02 | 22FEB02 | 22FEB02 | 01MAR97 | 01JUN91 |
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 | 01JAN10 | 15FEB05 | C | C |
| 3rd | 01NOV12 | 01JUN10 | 01DEC03 | 01NOV12 | 01NOV12 |
| Other Workers | 01NOV12 | 22JUL05 | 01DEC03 | 01NOV12 | 01NOV12 |
| 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 |
November 7, 2014
The H-2B Program
The H-2B program is a program that allows U.S. employers to bring to the United States skilled or unskilled foreign national for which the employer has only a temporary need. A statutory bar exists to the admission in the H-1B category of graduates of foreign medical schools coming to the United States to perform services as members of the medical profession. Started on October 1, 1991, an annual numerical cap of 66,000 was placed on new H-2B admission, with 33,000 to be allocated for employment beginning in the 1st half of the fiscal year (October 1 - March 31) and 33,000 to be allocated for employment beginning in the 2nd half of the fiscal year (April 1 - September 30). Any unused numbers from the first half of the fiscal year will be made available for use by employers seeking to hire H-2B workers during the second half of the fiscal year. There is no "carry over" of unused H-2B numbers from one fiscal year to the next.
In addition, the U.S. employers must meet two basic requirements in order to bring in skilled or unskilled foreign nationals under the H-2B category:
(1) it must demonstrate that it has only a temporary need for the type of services or skills to be performed by the foreign national and
(2) it must demonstrate that U.S. workers are not available who are unemployed and qualified to fill the position.
In addition, the foreign nationals must themselves a foreign residence that they have no intention of abandoning, and must intend to depart the United States at the of the their temporary stay.
One of the most common uses of the H-2B category is for foreign national entertainers. Under the Department of Labor guidelines all requests for temporary certifications for entertainers must be filed with states employment service offices. In New York is the New York City Alien Employment Certification Office which covers the eastern United States.
For information on the H-2B program, please contact our offices at (212)564-1589 or visit our website at www.lawschell.com
October 30, 2014
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: ARE "VISA" AND "IN STATUS" SYNONYM?
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: ARE "VISA" AND "IN STATUS" SYNONYM?: LAW OFFICES OF NORKA M. SCHELL, LLC'S BLOG 11 BROADWAY, SUITE 615 NEW YORK, NY 10004 TEL. (212) 564-1589/ (973) 621-9300 W...
ARE "VISA" AND "IN STATUS" SYNONYM?
LAW OFFICES OF NORKA M. SCHELL, LLC'S BLOG
11 BROADWAY, SUITE 615
NEW YORK, NY 10004
TEL. (212) 564-1589/ (973) 621-9300
WWW.LAWSCHELL.COM
By Norka M. Schell
The following happened during a casual conversation between to friends.
"I am an immigrant in the United States I entered with a student
visa. A friend of mine asked me if I am "in status". I answered “Yes. I have a visa.” Then I
started thinking - Are the words "VISA" AND "IN STATUS" synonyms?"
No. Status is typically reflected in the visa, but “visa and
status” are two vastly different things.
When someone wishes to
come to the U.S. temporarily (whether for a number of weeks as in the case of a
tourist, an international student or a number of years as in the case of an
H-1B worker), he or she must obtain a “visa” to enter the U.S. When admitted
into the country -at an air, land or sea port, also referred to as port of
entry- the individual obtains a status.
Let’s take the example of
an international student. Before the student arrives in to the United States,
she must apply for a visa at the U.S. embassy abroad. She submits the applications
and the supporting documents. Once the visa application is approved, the
student receives her visa. The “visa” is the adhesive label covering one entire
page of the passport. This is often referred as the “visa stamp.”
Each “visa” has its own
classification. Every “visa classification” has a set of requirements that the
visa holder must follow and maintain. Those who follow the requirements
maintain their status and ensue their ability to remain in the United States. Those
who do not follow the requirements violates their status and are considered “out
of status”. “In Status” means you are in compliance with the requirements of
your visa type under the immigration law.
Therefore, it is important
to understand the concept of immigration status and the consequences of
violating that status.
October 14, 2014
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 |
October 2, 2014
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: U.S. VISA BULLETIN FOR OCTOBER 2014 UPDATE
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: U.S. VISA BULLETIN FOR OCTOBER 2014 UPDATE: Offices of Norka M. Schell's Blog Website: www.lawschell.com Tel. (212)564-1589 FAMILY-BASED PREFERENCES Family-Sponsore...
U.S. VISA BULLETIN FOR OCTOBER 2014 UPDATE
Offices of Norka M. Schell's Blog
Website: www.lawschell.com
Tel. (212)564-1589
FAMILY-BASED PREFERENCES
| Family-Sponsored | All Chargeability Areas Except Those Listed | CHINA-mainland born | INDIA | MEXICO | PHILIPPINES |
| F1 | 22MAY07 | 22MAY07 | 22MAY07 | 22JUN94 | 01SEP04 |
| F2A | 01FEB13 | 01FEB13 | 01FEB13 | 22JUL12 | 01FEB13 |
| F2B | 01NOV07 | 01NOV07 | 01NOV07 | 01AUG94 | 15DEC03 |
| F3 | 01DEC03 | 01DEC03 | 01DEC03 | 22OCT93 | 01JUN93 |
| F4 | 22JAN02 | 22JAN02 | 22JAN02 | 01FEB97 | 08APR91 |
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 | 15NOV09 | 01MAY09 | C | C |
| 3rd | 01OCT11 | 01APR09 | 15NOV03 | 01OCT11 | 01OCT11 |
| Other Workers | 01OCT11 | 22JUL05 | 15NOV03 | 01OCT11 | 01OCT11 |
| 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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