IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: UNHCR- WOMEN ON THE RUN - FLEE TO FIND REFUGE

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: UNHCR- WOMEN ON THE RUN - FLEE TO FIND REFUGE: LAW OFFICES OF NORKA M. SCHELL'S BLOG 11 BROADWAY, SUITE 615 NEW YORK, NEW YORK 10004 TEL. (212)564-1589 / (973)621-0606 ...

UNHCR- WOMEN ON THE RUN - FLEE TO FIND REFUGE

LAW OFFICES OF NORKA M. SCHELL'S BLOG

11 BROADWAY, SUITE 615

NEW YORK, NEW YORK 10004

TEL. (212)564-1589 / (973)621-0606

WEBSITE: www.lawschell.com

REFUGEES FLEEING EL SALVADOR, GUATEMALA, HONDURAS, AND MEXICO


"Today the world is witness to a global refugee crisis of proportions not seen since World War II. But while most of the international media attention is on the refugees arriving in Europe – from countries such as Syria, Iraq, and Afghanistan – there is another protection crisis unfolding in Central America. Tens of thousands of women – travelling alone or together with their children or other family members – are fleeing a surging tide of violence in El Salvador, Honduras, Guatemala, and parts of Mexico." António Guterres, United Nations High Commissioner for Refugees 

The violence that women are fleeing from in the NTCA stems from increasing territorial control by organized criminal armed groups. Mara Salvatrucha (MS-13) and 18th Street (M-18), the two most powerful gangs in Central America, alongside other groups, engage in brutal killings, assaults, robberies, and widespread extortion. Murder rates in the region are among the highest in the world: according to data from the UN Office on Drugs and Crime, Honduras ranks first, El Salvador fifth, and Guatemala sixth. Impunity for murder and violent crime is widespread, reflecting inadequate government capacity to provide safety, especially for women. In fact, El Salvador, Guatemala, and Honduras rank first, third, and seventh, respectively, for rates of female homicides globally. 

The increasing power of gangs and other criminal groups pose particular dangers for women. Nelly, a young Honduran woman, said: “The gangs treat women much worse than men. They want us to join as members, but then women are also threatened to be gang members’ ‘girlfriends,’ and it’s never just sex with the one; it’s forced sex with all of them. Women are raped by them, tortured by them, abused by them."

Many women living in areas with widespread presence of criminal armed groups fled in part because they were constantly subject to extortion, with escalating physical threats if they were unable to pay. Some women reported they were asked to pay a cuota for working, living, or transiting an area. Others reported being asked to pay ransom for the return of a kidnapped loved.

In NTCA countries, many women were targeted for extortion if they or their family were viewed or perceived as (even moderately) successful. Gloria, a Honduran woman, made and sold small amounts of food from her house. “I had to stop selling tortillas and other foods from my home, because when B18 [a Honduran gang] arrived, they wanted me to pay a certain amount to them, and I could not.” 

In other cases, criminal armed groups in the NTCA learned that women had family or friends in the United States who were sending them money, and demanded that they pay high fees. If women missed payments, they received death threats or direct attacks by the criminal armed groups. Angelica, from Mexico, owed money to a cartel in her area. When she was late on a payment, members of the group “came and took photos of me and my kids, and said they were going to kill me. They even called my mother in New York and told her that I had to pay. So I decided to leave.”

In the NTCA countries, the presence of criminal armed groups is pervasive and difficult for the government to control. Recent estimates suggest that there are 20,000 gang members in El Salvador, 12,000 in Honduras, and 22,000 in Guatemala. Central American “mano dura” (“iron fist”) policies involved large-scale government efforts to crack down on gang violence, but recent data shows their effectiveness has been limited. El Salvador, in particular, is facing the highest rates of murder since the end of the civil war in 1992. Police and their family members are now specifically targeted. Sometimes after the payment of a hefty fee, the loved one was released to the care of the family, but more often than not, the kidnapped family member never returned home.


A full report of the Study Conducted by the United Nations High Commissioner for Refugees is available at http://www.unhcr.org/5630f24c6.html

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: NOVEMBER 2016 VISA BULLETIN UPDATE

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: NOVEMBER 2016 VISA BULLETIN UPDATE: LAW OFFICES NORKA M SCHELL BLOG 11 Broadway, Suite 615 New York, New York 10004 Tel. (212)564-1589/ (973)621-9300 Website: www....

NOVEMBER 2016 VISA BULLETIN UPDATE

LAW OFFICES NORKA M SCHELL BLOG

11 Broadway, Suite 615

New York, New York 10004

Tel. (212)564-1589/ (973)621-9300

Website: www.lawschell.com

APPLICATION FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES

Family-Sponsored	All Chargeability Areas Except Those Listed	CHINA-mainland born	INDIA	MEXICO	PHILIPPINES
F1	22FEB08	22FEB08	22FEB08	01DEC94	01JUN02
F2A	15MAY14	15MAY14	15MAY14	01APR14	15MAY14
F2B	08FEB09	08FEB09	08FEB09	22AUG95	01NOV04
F3	15JUN04	15JUN04	15JUN04	15JUN94	08OCT93
F4	01MAR03	01MAR03	01MAR03	01APR97	15JUN92

*NOTE: For November, F2A numbers EXEMPT from per-country limit are authorized for issuance to applicants from all countries with priority dates earlier than 01APR14. F2A numbers SUBJECT to per-country limit are authorized for issuance to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01APR14 and earlier than 15MAY14. (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)

DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS

The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the cut-off date in the chart below may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The cut-off date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file applications, regardless of priority date.

The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date which is earlier than the listed date may file their application.

Family- Sponsored	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
F1	01MAY09	01MAY09	01MAY09	01APR95	01SEP05
F2A	01MAR15	01MAR15	01MAR15	01MAR15	01MAR15
F2B	01JUL10	01JUL10	01JUL10	01APR96	01MAY05
F3	01APR05	01APR05	01APR05	01MAY95	01AUG95
F4	01FEB04	01FEB04	01FEB04	01JUN98	01JAN93

5.  Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows: 

EMPLOYMENT-BASED PREFERENCES

First:  Priority Workers:  28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second:  Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability:  28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.      

Third:  Skilled Workers, Professionals, and Other Workers:  28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "*Other Workers".

Fourth:  Certain Special Immigrants:  7.1% of the worldwide level.

Fifth:  Employment Creation:  7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of Pub. L. 102-395.

APPLICATION FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are authorized for issuance to all qualified applicants; and "U" means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlier than the cut-off date listed below.)

Employment- Based	All Chargeability Areas Except Those Listed	CHINA - mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	01FEB12	01AUG06	C	C
3rd	15AUG15	01JAN12	01APR04	15AUG15	15JUN07
Other Workers	15AUG15	01APR06	01APR04	15AUG15	15JUN07
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th Non-Regional Center (C5 and T5)	C	22NOV13	C	C	C
5th Regional Center (I5 and R5)	C	22NOV13	C	C	C

*Employment Third Preference Other Workers Category:  Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.

DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS

The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the cut-off date in the chart may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The cut-off date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file, regardless of priority date.

The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date which is earlier than the listed date may file their application.

Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 5.A.) this month for filing applications for adjustment of status with USCIS. 

Employment- Based	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	01JAN13	01JUL09	C	C
3rd	01SEP15	01OCT13	01JUL05	01SEP15	01JAN10
Other Workers	01SEP15	01JAN07	01JUL05	01SEP15	01JAN10
4th	C	C	C	C	C
Certain Religious Workers,	C	C	C	C	C
5th Non-Regional Center (C5 and T5)	C	01MAY15	C	C	C
5th Regional Center (I5 and R5)	C	01MAY15	C	C	C

6.  The Department of State has a recorded message with the cut-off date information for Final Application Action which can be heard at:  (202) 485-7699.  This recording is updated on or about the tenth of each month with information on cut-off dates for the following month.

*Information extracted from the Department of State at www.travel.state.com

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

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

VISA BULLETIN FOR OCTOBER 2015

LAW OFFICES OF NORKA M. SCHELL'S BLOG

11 Broadway, Suite 615

New York, New York 10004

Tel. (212)564-1589 / (973)621-9300

Website: www.lawschelll.com 

A. STATUTORY NUMBERS

This bulletin summarizes the availability of immigrant numbers duringOctober for: “Application Final Action Dates” (consistent with prior Visa Bulletins) and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Unless otherwise indicated in this bulletin, individuals seeking to file applications for adjustment of status with U.S. Citizenship and Immigration Services (USCIS) in the Department of Homeland Security must use the “Application Final Action Dates” charts below for determining when they can file such applications. This bulletin may indicate the ability for such individuals to instead use the “Dates for Filing Visa Applications” charts, when USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas. Applicants for adjustment of status may refer to USCIS for additional information by visiting www.uscis.gov/visabulletininfo.

1.  Procedures for determining dates. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; USCIS reports applicants for adjustment of status. Allocations in the charts below were made, to the extent possible, in chronological order of reported priority dates, for demand received by September 9th. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. If it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date announced in this bulletin. If at any time an annual limit were reached, it would be necessary to immediately make the preference category “unavailable”, and no further requests for numbers would be honored.

2.  Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.

3.  INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas:  CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.

4.  Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows: 

FAMILY-SPONSORED PREFERENCES

First: (F1) Unmarried Sons and Daughters of U.S. Citizens:  23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents:  114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. (F2A) Spouses and Children of Permanent Residents:  77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents:  23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of U.S. Citizens:  23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens:  65,000, plus any numbers not required by first three preferences.

A.  APPLICATION FINAL ACTION DATES FOR
     FAMILY-SPONSORED PREFERENCE CASES

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are authorized for issuance to all qualified applicants; and "U" means unauthorized, i.e., numbers are not authorized for issuance. (NOTE:  Numbers are authorized for issuance only for applicants whose priority date isearlier than the cut-off date listed below.) 

Family-Sponsored	All Chargeability Areas Except Those Listed	CHINA-mainland born	INDIA	MEXICO	PHILIPPINES
F1	15JAN08	15JAN08	15JAN08	22NOV94	01JUN01
F2A	15APR14	15APR14	15APR14	01MAR14	15APR14
F2B	15JAN09	15JAN09	15JAN09	01AUG95	01OCT04
F3	22MAY04	22MAY04	22MAY04	08JUN94	01OCT93
F4	08FEB03	08FEB03	08FEB03	22MAR97	01MAY92

*NOTE:  For October, F2A numbers EXEMPT from per-country limit are authorized for issuance to applicants from all countries with priority dates earlier than 01MAR14. F2A numbers SUBJECT to per-country limit are authorized for issuance to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01MAR14 and earlier than 15APR14. (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.) 

B.  DATES FOR FILING FAMILY-SPONSORED
     VISA APPLICATIONS

The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the cut-off date in the chart below may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The cut-off date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file applications, regardless of priority date.

The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date which isearlier than the listed date may file their application.

USCIS has determined that this chart may be used (in lieu of the chart in paragraph 4.A.) this month for filing applications for adjustment of status with USCIS. Applicants for adjustment of status may visitwww.USCIS.gov/visabulletininfo for additional information.

Family- Sponsored	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
F1	01MAY09	01MAY09	01MAY09	01JUL95	01SEP05
F2A	01MAR15	01MAR15	01MAR15	01MAR15	01MAR15
F2B	01JUL10	01JUL10	01JUL10	01JAN96	01JAN05
F3	01APR05	01APR05	01APR05	01OCT96	01AUG95
F4	01FEB04	01FEB04	01FEB04	01MAY98	01JAN93

5.  Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows: 

EMPLOYMENT-BASED PREFERENCES

First:  Priority Workers:  28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second:  Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability:  28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.      

Third:  Skilled Workers, Professionals, and Other Workers:  28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "*Other Workers".

Fourth:  Certain Special Immigrants:  7.1% of the worldwide level.

Fifth:  Employment Creation:  7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of Pub. L. 102-395.

A.  APPLICATION FINAL ACTION DATES FOR
     EMPLOYMENT-BASED PREFERENCE CASES

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are authorized for issuance to all qualified applicants; and "U" means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlierthan the cut-off date listed below.)

Employment- Based	All Chargeability Areas Except Those Listed	CHINA - mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	01JAN12	01MAY05	C	C
3rd	15AUG15	15OCT11	08MAR04	15AUG15	01JAN07
Other Workers	15AUG15	01JAN06	08MAR04	15AUG15	01JAN07
4th	C	C	C	C	C
Certain Religious Workers	U	U	U	U	U
5th Non-Regional Center (C5 and T5)	C	08OCT13	C	C	C
5th Regional Center (I5 and R5)	U	U	U	U	U

*Employment Third Preference Other Workers Category:  Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.

B.  DATES FOR FILING OF EMPLOYMENT-BASED
     VISA APPLICATIONS

The chart below reflects dates for filing visa applications within a time frame justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the cut-off date in the chart may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The cut-off date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file, regardless of priority date.

The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date which is earlier than the listed date may file their application.

USCIS has determined that this chart may be used (in lieu of the chart in paragraph 5.A.) this month for filing applications for adjustment of status with USCIS. Applicants for adjustment of status may visitwww.USCIS.gov/visabulletininfo for additional information.

Employment- Based	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	01MAY14	01JUL11	C	C
3rd	01SEP15	01OCT13	01JUL05	01SEP15	01JAN15
Other Workers	01SEP15	01JAN07	01JUL05	01SEP15	01JAN15
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th Targeted Employment Areas/ Regional Centers and Pilot Programs	C	01MAY15	C	C	C

6.  The Department of State has a recorded message with the cut-off date information for Final Application Action which can be heard at:  (202) 485-7699.  This recording is updated on or about the tenth of each month with information on cut-off dates for the following month.

* Information extracted from http://travel.state.gov/content/visas/english/law-and-policy/bulletin/2016/visa-bulletin-for-october-2015.html