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.
February 24, 2015
Matter of Rosa Isela VELASQUEZ-CRUZ,
Posted by Norka M. Schell, Esq.
Law Offices of Norka M. Schell, LLC
Tel. (212)564-1589 / (973)621-9300
Website: www.lawschell.com
Matter of Rosa Isela VELASQUEZ-CRUZ, Respondent
Decided December 10, 2014
U.S. Department of Justice Executive Office for Immigration Review
Board of Immigration Appeals
An alien’s departure from the United States following a criminal conviction for illegal entry under section 275(a)(1) of the Immigration and Nationality Act, 8 U.S.C. § 1325(a)(1) (2012), interrupts the 10-year period of continuous physical presence required to establish eligibility for cancellation of removal under section 240A(b)(1) of the Act, 8 U.S.C. § 1229b(b)(1) (2012).
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: Matter of Oshane Shaneil CROSS
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: Matter of Oshane Shaneil CROSS: Posted by: Norka M. Schell, Esq Law Offices of Norka M. Schell, LLC Tel. (212)564-1589/ (973)621-9300 Website: www.lawschell.com Matter...
Matter of Oshane Shaneil CROSS
Posted by: Norka M. Schell, Esq
Law Offices of Norka M. Schell, LLC
Tel. (212)564-1589/ (973)621-9300
Website: www.lawschell.com
Matter of Oshane Shaneil CROSS, Respondent
Decided February 12, 2015
U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals
A person born out of wedlock may qualify as a legitimated “child” of his or her biological parents under section 101(c)(1) of the Immigration and Nationality Act, 8 U.S.C. § 1101(c)(1) (2012), for purposes of citizenship if he or she was born in a country or State that has eliminated all legal distinctions between children based on the marital status of their parents or had a residence or domicile in such a country or State (including a State within the United States), if otherwise eligible. Matter of Hines, 24 I&N Dec. 544 (BIA 2008), and Matter of Rowe, 23 I&N Dec. 962 (BIA 2006), overruled in part. Matter of Clahar, 18 I&N Dec. 1 (BIA 1981), and Matter of Goorahoo, 20 I&N Dec. 782 (BIA 1994), reaffirmed.
Law Offices of Norka M. Schell, LLC
Tel. (212)564-1589/ (973)621-9300
Website: www.lawschell.com
Matter of Oshane Shaneil CROSS, Respondent
Decided February 12, 2015
U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals
A person born out of wedlock may qualify as a legitimated “child” of his or her biological parents under section 101(c)(1) of the Immigration and Nationality Act, 8 U.S.C. § 1101(c)(1) (2012), for purposes of citizenship if he or she was born in a country or State that has eliminated all legal distinctions between children based on the marital status of their parents or had a residence or domicile in such a country or State (including a State within the United States), if otherwise eligible. Matter of Hines, 24 I&N Dec. 544 (BIA 2008), and Matter of Rowe, 23 I&N Dec. 962 (BIA 2006), overruled in part. Matter of Clahar, 18 I&N Dec. 1 (BIA 1981), and Matter of Goorahoo, 20 I&N Dec. 782 (BIA 1994), reaffirmed.
February 17, 2015
#IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: AILA President's Response To The Decision by Judge...
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: AILA President's Response To The Decision by Judge...: LAW OFFICES OF NORKA M. SCHELL, LLC 11 Broadway, Suite 615 New York, NY 10004 Tel. (212)564-1589 / (973)621-9300 Website: www...
AILA President's Response To The Decision by Judge Hanen To Temporarily Halt DAPA and the Expansion of DACA
LAW OFFICES OF NORKA M. SCHELL, LLC
11 Broadway, Suite 615
New York, NY 10004
Tel. (212)564-1589 / (973)621-9300
Website: www.lawschell.com
IMMEDIATE RELEASE
February 17, 2015
WASHINGTON, DC -The American Immigration Lawyers Association (AILA) issued the following statement from its President Leslie A. Holman regarding the decision by Texas federal judge Andrew Hanen to grant the request for a temporary injunction against the implementation of President Obama's Deferred Action for Parents of Citizens and Lawful Permanent Residents (DAPA) and the expansion of the Deferred Action for Childhood Arrivals (DACA) initiative.
"Previous statements by Judge Hanen made it clear that he was pre-disposed against favorable exercises of prosecutorial discretion in the immigration context. Today he affirmed that pre-disposition by temporarily enjoining decision-making in the expansion of DACA and the implementation of DAPA.
"Thus, there is nothing surprising in the fact of the injunction. What is surprising, given this judge, is the narrowness of the ruling. His injunction is not based on constitutional grounds; it is based on procedure, finding flaws under the Administrative Procedure Act. It is almost as if he was desperate for a way to block these initiatives and grasped any straw he could.
"AILA fully expects the federal government to immediately appeal this ruling and to request a stay of the injunction throughout the appeal process so that the initiatives aren't stalled. AILA is confident the federal government will ultimately prevail and that DAPA and expanded DACA will be fully implemented.
"In the meantime, AILA recommends that individuals who are potentially eligible for expanded DACA or DAPA begin preparing to apply: they should begin gathering the necessary documentation and seek good counsel to give themselves the best chance for success and to avoid potential problems. Importantly, they must be wary of 'notarios' who offer legal advice without a license that is unethical and fraudulent.
"Also important to note is that those who were granted DACA already are in no way affected by this ruling so they should apply for their DACA renewal as planned. This ruling only delays the start of DAPA and the expansion of DACA.
"I know that despite this ruling we will continue to make the case that our country deserves an immigration system that works - for families, for businesses, and for the entire nation," concluded Ms. Holman.
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: LAW OFFICES OF NORKA M. SCHELL, LLC11 Broadway, S...
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: LAW OFFICES OF NORKA M. SCHELL, LLC
11 Broadway, S...: LAW OFFICES OF NORKA M. SCHELL, LLC 11 Broadway, Suite 615 New York, NY 10004 Tel. (212)564-1589 / (973)621-9300 Website: www.law...
11 Broadway, S...: LAW OFFICES OF NORKA M. SCHELL, LLC 11 Broadway, Suite 615 New York, NY 10004 Tel. (212)564-1589 / (973)621-9300 Website: www.law...
LAW OFFICES OF NORKA M. SCHELL, LLC
11 Broadway, Suite 615
New York, NY 10004
Tel. (212)564-1589 / (973)621-9300
Website: www.lawschell.com
IMMEDIATE RELEASE
February 17, 2015
Statement by Secretary Jeh C. Johnson Concerning the District Court’s Ruling Concerning DAPA and DACA
I strongly disagree with Judge Hanen’s decision to temporarily enjoin implementation of Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and expanded Deferred Action for Childhood Arrivals (DACA). The Department of Justice will appeal that temporary injunction; in the meantime, we recognize we must comply with it.
Accordingly, the Department of Homeland Security will not begin accepting requests for the expansion of DACA tomorrow, February 18, as originally planned. Until further notice, we will also suspend the plan to accept requests for DAPA.
The Department of Justice, legal scholars, immigration experts and even other courts have said that our actions are well within our legal authority. Our actions will also benefit the economy and promote law enforcement. We fully expect to ultimately prevail in the courts, and we will be prepared to implement DAPA and expanded DACA once we do.
It is important to emphasize what the District Court’s order does not affect.
The Court’s order does not affect the existing DACA. Individuals may continue to come forward and request initial grant of DACA or renewal of DACA pursuant to the guidelines established in 2012.
Nor does the Court’s order affect this Department’s ability to set and implement enforcement priorities. The priorities established in my November 20, 2014 memorandum entitled “Policies for the Apprehension, Detention and Removal of Undocumented Immigrants” remain in full force and effect. Pursuant to those enforcement priorities, we continue to prioritize public safety, national security, and border security. I am pleased that an increasing percentage of removals each year are of those convicted of crimes. I am also pleased that, due in large part to our investments in and prioritization of border security, apprehensions at the southern border – a large indicator of total attempts to cross the border illegally -- are now at the lowest levels in years.
February 11, 2015
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: VISA BULLETIN FOR MARCH 2015
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: VISA BULLETIN FOR MARCH 2015: LAW OFFICES OF NORKA M. SCHELL, LLC 11 Broadway, Suite 615 New York, NY 10004 Tel. (212)564-1589 / (973)621-9300 Website: www.l...
VISA BULLETIN FOR MARCH 2015
LAW OFFICES OF NORKA M. SCHELL, LLC
11 Broadway, Suite 615
New York, NY 10004
Tel. (212)564-1589 / (973)621-9300
Website: www.lawschell.com
Here is the updated summary of Bulletin Visa for March 2015.
FAMILY-SPONSORED PREFERENCES
| Family-Sponsored | All Chargeability Areas Except Those Listed | CHINA-mainland born | INDIA | MEXICO | PHILIPPINES |
| F1 | 01AUG07 | 01AUG07 | 01AUG07 | 22OCT94 | 01FEB05 |
| F2A | 22JUN13 | 22JUN13 | 22JUN13 | 22MAY13 | 22JUN13 |
| F2B | 08JUL08 | 08JUL08 | 08JUL08 | 01JAN95 | 22MAR04 |
| F3 | 22JAN04 | 22JAN04 | 22JAN04 | 22FEB94 | 01AUG93 |
| F4 | 15MAY02 | 15MAY02 | 15MAY02 | 01JUN97 | 08SEP91 |
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 | 01SEP10 | 01JAN07 | C | C |
| 3rd | 01JUN14 | 22OCT11 | 01JAN04 | 01JUN14 | 01JUN14 |
| Other Workers | 01JUN14 | 15AUG05 | 01JAN04 | 01JUN14 | 01JUN14 |
| 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 |
January 14, 2015
NYC BUSINESS IMMIGRATION LAWYER #VISA BULLETIN FOR FEBRUARY 2015
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: VISA BULLETIN FOR FEBRUARY 2015: LAW OFFICES OF NORKA M. SCHELL, LLC 11 Broadway, Suite 615 New York, NY 10004 ...
VISA BULLETIN FOR FEBRUARY 2015
LAW OFFICES OF NORKA M. SCHELL, LLC
11 Broadway, Suite 615
New York, NY 10004
Tel. (212)564-1589/ (973)621-9300
Website www.lawschell.com
The following summary is the visa numbers availability for February 2015 by the Department of State.
FAMILY-SPONSORED PREFERENCES
| Family-Sponsored | All Chargeability Areas Except Those Listed | CHINA-mainland born | INDIA | MEXICO | PHILIPPINES |
| F1 | 22JUL07 | 22JUL07 | 22JUL07 | 01OCT94 | 08JAN05 |
| F2A | 08MAY13 | 08MAY13 | 08MAY13 | 22APR13 | 08MAY13 |
| F2B | 22MAY08 | 22MAY08 | 22MAY08 | 15DEC94 | 22FEB04 |
| F3 | 01JAN04 | 01JAN04 | 01JAN04 | 15JAN94 | 15JUL93 |
| F4 | 15APR02 | 15APR02 | 15APR02 | 22APR97 | 08AUG91 |
EMPLOYMENT-BASED PREFEENCES
| Employment- Based |
All Chargeability Areas Except Those Listed
| CHINA - mainland born | INDIA | MEXICO | PHILIPPINES |
| 1st | C | C | C | C | C |
| 2nd | C | 15MAR10 | 01SEP05 | C | C |
| 3rd | 01JAN14 | 01SEP11 | 22DEC03 | 01JAN14 | 01JAN14 |
| Other Workers | 01JAN14 | 15AUG05 | 22DEC03 | 01JAN14 | 01JAN14 |
| 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 |
For more information on the availability of visa numbers and priority dates,please contact the Law Offices of Norka M. Schell, LLC at (212)564-1589. Thank you.
January 6, 2015
VISA BULLETIN FOR EMPLOYMENT-BASED PREFERENCES FOR
LAW OFFICES OF NORKA M. SCHELL, LLC
11 Broadway, Suite 615
New York, NY 10004
Tel. (212)564-1589
Website: www.lawschell.com
Summary from the Department of State of the availability of immigrant numbers for Employment-Based Preferences during January 2015.
| Employment- Based |
All Chargeability Areas Except Those Listed
| CHINA - mainland born | INDIA | MEXICO | PHILIPPINES |
| 1st | C | C | C | C | C |
| 2nd | C | 01FEB10 | 15FEB05 | C | C |
| 3rd | 01JUN13 | 01MAR11 | 15DEC03 | 01JUN13 | 01JUN13 |
| Other Workers | 01JUN13 | 22JUL05 | 15DEC03 | 01JUN13 | 01JUN13 |
| 4th | C | C | C | C | C |
| Certain Religious Workers | C | C | C | C | C |
5th
Targeted Employment Areas/ Regional Centers and Pilot Programs | C | C | C | C | C |
FAMILY-SPONSORED PREFERENCES VISA BULLETIN FOR JANUARY 2015
LAW OFFICES OF NORKA M. SCHELL, LLC
11 Broadway, Suite 615
New York, NY 1004
Tel. (212)564-1589
Website: www.lawschell.com
The following is a summary from the U.S. Department of State of the availability of the immigrant visa numbers for Family-Sponsored Preferences during the month of January 2015.
FAMILY-SPONSORED PREFERENCES
| Family-Sponsored | All Chargeability Areas Except Those Listed | CHINA-mainland born | INDIA | MEXICO | PHILIPPINES |
| F1 | 08JUL07 | 08JUL07 | 08JUL07 | 15SEP94 | 22DEC04 |
| F2A | 15APR13 | 15APR13 | 15APR13 | 22FEB13 | 15APR13 |
| F2B | 01APR08 | 01APR08 | 01APR08 | 01NOV94 | 01FEB04 |
| F3 | 22DEC03 | 22DEC03 | 22DEC03 | 15DEC93 | 08JUL93 |
| F4 | 22MAR02 | 22MAR02 | 22MAR02 | 22MAR97 | 15JUL91 |
December 30, 2014
Minimum Standards for Driver’s Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 37
RIN 1601–AA74
[Docket No. DHS–2006–0030]
Minimum Standards for Driver’s Licenses and
Identification Cards Acceptable by Federal Agencies for Official Purposes
AGENCY: Office of the Secretary, DHS.
ACTION: Final rule.
SUMMARY: Pursuant
to REAL ID regulations, beginning December 1, 2014, federal agencies may not
accept State-issued driver’s licenses or identification cards for official
purposes from individuals born after December 1, 1964, unless the license or
card is REAL ID-compliant and was issued by a compliant State as determined by
DHS.
Also, beginning December 1, 2017, federal agencies may
not accept driver’s licenses or identification cards for official purposes from
any individual unless the card is REAL ID-compliant and was issued by a
compliant State as determined by DHS. This final rule changes both document
enrollment dates to October 1, 2020.
Nothing in this rule affects the prohibition against federal
agencies accepting for official purposes licenses and identification cards
issued by noncompliant States, pursuant to the REAL ID Act and in accordance to
the phased enforcement schedule.
DATES: Effective on December 29, 2014.
FOR FURTHER INFORMATION CONTACT: Ted Sobel, Director,
Office of State-Issued Identification Support, Screening Coordination Office,
Department of Homeland Security, Washington, DC 20528, (202) 282–9570.
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