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.
September 5, 2017
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 739-0438 and (973) 621-9300: RESCISSION OF DEFERRED ACTION FOR CHILDHOOD ARRIVA...
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 739-0438 and (973) 621-9300: RESCISSION OF DEFERRED ACTION FOR CHILDHOOD ARRIVA...: LAW OFFICES OF NORKA M. SCHELL, LLC 17 STATE STREET, 40 FLOOR SUITE 4000 NEW YORK, NEW YORK 10004 TEL. (212) 258-0713 (973) ...
RESCISSION OF DEFERRED ACTION FOR CHILDHOOD ARRIVALS QUESTIONS AND ANSWERS
LAW OFFICES OF NORKA M. SCHELL, LLC
17 STATE STREET, 40 FLOOR
SUITE 4000
NEW YORK, NEW YORK 10004
TEL. (212) 258-0713
(973) 621-9300
Website: www.lawschell.com
Q. WILL USCIS SHARE THE PERSONAL INFORMATION OF INDIVIDUALS WHOSE PENDING REQUESTS ARE DENIED PROACTIVELY WITH ICE FORM ENFORCEMENT PURPOSE?
- Generally, information provided in DACA requests will not be proactively provided to another law enforcement entities (including ICE and CBP) for the purpose of immigration enforcement proceedings unless the requester poses a risk to national security of safety, or meets the criteria for the issuance of the Notice of Appear of referral to ICE under the criteria. This policy, which may be modified, superseded, or rescinded at any time without notice, is not intended to, does not, and may not be relied upon the create any right or benefit, substantive or procedural, enforceable by law by any party in any administrative, civil or criminal matter.
Q. CAN DEFERRED ACTION RECEIVED PURSUANT TO DACA BE TERMINATED BEFORE IT EXPIRES?
- Yes. DACA is an exercise of deferred action which is a form of prosecutorial discretion. Hence, DHS will continue to exercise its discretionary authority to terminate or deny deferred action at any time when immigration officials determine termination or denial of deferred action is appropriate.
Q. CAN DACA RECIPIENTS WHOSE VALID EAD IS LOST, STOLEN OR DESTROYED REQUEST A NEW EAD DURING THE PHASE OUT?
- If an individual’s still-valid EAD is lost, stolen, or destroyed, they may requests a
replacement EAD by filing a new Form I-765.
Q. WILL DACA RECIPIENTS STILL BE ABLE TO TRAVEL OUTSIDE OF THE UNTID STATES WHILE THEIR DACA IS VALID?
- Effective September 5, 2017, USCIS will no longer approve any new Form I-131, Application for Advance Parole under the standards associated with the DACA program. Those with current advance parole validity period from a previously-approved advance parole application will generally retain the benefit until it expires. However, CBP will retain the authority it has always exercised in determining the admissibility of any person presenting at the border. Further, USCIS retains the authority to revoke or terminate an advance parole document any time.
Q. WHAT HAPPENS TO INDIVIDUALS WHO HAVE PENDING REQUESTS FOR ADVANCE PAROLE TO TRAVEL OUTSIDE IF THE UNITED STATES?
- USCIS will administratively close all pending Form I-131 application for advance parole under standards associated with the DACA program, and will refund all associated fees.
Q. HOW MANY DACA REQUESTS ARE CURRENTLY PENDING THAT WILL
BE IMPACTED BY THIS CHANGE? DO YOU HAVE A BREAKDOWN OF
THESE NUMBERS BY STATE?
There were 106,341 requests pending as of August 20, 2017 – 34,487 initial requests and 71,854 renewals. We do not currently have the state-specific breakouts.
Q. IS THERE A GRACE PERIOD FOR DACA RECIPIENTS WITH EADs THAT
WILL SOON EXPIRE TO MAKE APPROPRIATE PLANS TO LEAVE THE
COUNTRY?
As noted above, once an individual’s DACA and EAD expire – unless is the limited class of beneficiaries above are found eligible to renew their benefits – the individual is no longer considered lawfully present in the United States and is not authorized to work. Persons whose DACA permits will expire between September 5, 2017 and March 5, 2018 are eligible to renew their permits. No persons should lose benefits under this memorandum prior to March 5, 2018 if they properly file a renewal request and associated application for employment authorization.
Q. CAN YOU PROVIDE A BREAKDOWN OF HOW MANY DACA EADS EXPIRES IN 2017, 2018, AND 2019?
From August through December 2017, 201,678 individuals are set to have their DACA/EADs expire. Or these individuals, 55,258 already have submitted requests for renewals of DACA to USCIS.
Q. WHAT WERE THE PREVIOUS GUIDELINES FOR USCIS TO GRANT DACA?
Individuals meeting the following categorical criteria could apply for DACA if they:
• Were under the age of 31 as of June 15, 2012;
• Came to the US before reaching their 16th birthday;
• Have continuously resided in the US since June 15, 2007, up to the present time;
• Were physically present in the US on June 15, 2012, and at the time of making their request for consideration of deferred action with USCIS;
• Had no lawful status on June 15, 2012;
• Are currently in school, have graduated, or obtained a certificate of completion from high school, have obtained a General Educational Development (GED) certificate, or are an
honorably discharged veteran of the Coast Guard of Armed Forced of the United States; and
• Have not been convicted of a felony, significant misdemeanor, three of more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
August 16, 2017
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 739-0438 and (973) 621-9300: VISA BULLETIN FOR SEPTEMBER 2017
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 739-0438 and (973) 621-9300: VISA BULLETIN FOR SEPTEMBER 2017: LAW OFFICES OF NORKA M. SCHELL, LLC 17 State Street, 40 Floor, Suite 4000 New York, NY 10004 Tel. (212)564-1589 / (973)621-9300 W...
August 15, 2017
VISA BULLETIN FOR SEPTEMBER 2017
LAW OFFICES OF NORKA M. SCHELL, LLC
17 State Street, 40 Floor, Suite 4000
New York, NY 10004
Tel. (212) 258-0713 / (973)621-9300
Website: www.lawschell.com
This bulletin summarizes the availability of immigrant numbers during September 2017 for "Final Action Dates" and "Dates for Filing Applications," indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
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. FINAL ACTION DATES FOR FAMILY-SPONSORED
PREFERENCE CASES
PREFERENCE CASES
| Family- Sponsored | All Chargeability Areas Except Those Listed | CHINA-mainland born | INDIA | MEXICO | PHILIPPINES |
| F1 | 01MAY10 | 01MAY10 | 01MAY10 | 01FEB96 | 01JAN07 |
| F2A | 01OCT15 | 01OCT15 | 01OCT15 | 22SEP15 | 01OCT15 |
| F2B | 01NOV10 | 01NOV10 | 01NOV10 | 01JUL96 | 01JAN07 |
| F3 | 08JUL05 | 08JUL05 | 08JUL05 | 08APR95 | 15FEB95 |
| F4 | 01JAN02 | 01JAN02 | 01JAN02 | 15SEP97 | 01JUN94 |
B. DATES FOR FILING FAMILY-SPONSORED
VISA APPLICATIONS
VISA APPLICATIONS
| Family- Sponsored | All Chargeability Areas Except Those Listed | CHINA- mainland born | INDIA | MEXICO | PHILIPPINES |
| F1 | 22JUL11 | 22JUL11 | 22JUL11 | 01APR96 | 08SEP07 |
| F2A | 08APR16 | 08APR16 | 08APR16 | 08APR16 | 08APR16 |
| F2B | 01SEP11 | 01SEP11 | 01SEP11 | 08AUG96 | 22JUL07 |
| F3 | 01DEC05 | 01DEC05 | 01DEC05 | 01MAY95 | 01MAR95 |
| F4 | 15NOV04 | 15NOV04 | 22JUN04 | 08JAN98 | 08FEB95 |
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. FINAL ACTION DATES FOR EMPLOYMENT-BASED
PREFERENCE CASES
| Employ- ment based | All Charge- ability Areas Except Those Listed | CHINA- mainland born | EL SALVADOR GUATEMALA HONDURAS | INDIA | MEXICO | PHILIPPINES |
| 1st | C | 01JAN12 | C | 01JAN12 | C | C |
| 2nd | 01JAN16 | 15MAY13 | 01JAN16 | 22AUG08 | 01JAN16 | 01JAN16 |
| 3rd | C | 01JAN12 | C | 15OCT06 | C | 01NOV15 |
| Other Workers | C | 01JAN04 | C | 15OCT06 | C | 01NOV15 |
| 4th | C | C | 22OCT15 | 22OCT15 | 22OCT15 | C |
| Certain Religious Workers | C | C | 22OCT15 | 22OCT15 | 22OCT15 | C |
| 5th Non-Regional Center (C5 and T5) | C | 15JUN14 | C | C | C | C |
| 5th Regional Center (I5 and R5) | C | 15JUN14 | C | C | C | C |
B. DATES FOR FILING OF EMPLOYMENT-BASED
VISA APPLICATIONS
VISA APPLICATIONS
| Employment- based | All Chargeability Areas Except Those Listed | CHINA- mainland born | INDIA | MEXICO | PHILIPPINES |
| 1st | C | C | C | C | C |
| 2nd | C | 01OCT13 | 01FEB09 | C | C |
| 3rd | C | 01SEP15 | 01JAN07 | C | 01JAN16 |
| Other Workers | C | 01JUN08 | 01JAN07 | C | 01JAN16 |
| 4th | C | C | C | C | C |
| Certain Religious Workers | C | C | C | C | C |
| 5th Non-Regional Center (C5 and T5) | C | 01SEP14 | C | C | C |
| 5th Regional Center (I5 and R5) | C | 01SEP14 | C | C | C |
* Information extracted from the www.travel.state.gov.
July 14, 2017
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: VISA BULLETIN FOR AUGUST 2017
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: VISA BULLETIN FOR AUGUST 2017: LAW OFFICES OF NORKA M. SCHELL, LLC 11 Broadway, Suite 615 New York, New York 10004 Tel. (212) 564-1589 Website: www.lawschell.co...
VISA BULLETIN FOR AUGUST 2017
LAW OFFICES OF NORKA M. SCHELL, LLC
11 Broadway, Suite 615
New York, New York 10004
Tel. (212) 564-1589
Website: www.lawschell.com
The Visa Bulletin for August 2017 summarizes the availability of immigrant numbers during August for: "Final Action Dates" and "Dates for Filing Applications," indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
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. FINAL ACTION DATES FOR FAMILY-SPONSORED
PREFERENCE CASES
Family-
Sponsored |
All Chargeability
Areas Except Those Listed |
CHINA-mainland
born |
INDIA
|
MEXICO
|
PHILIPPINES
|
F1
|
22DEC10
|
22DEC10
|
22DEC10
|
01FEB96
|
15OCT06
|
F2A
|
22SEP15
|
22SEP15
|
22SEP15
|
01SEP15
|
22SEP15
|
F2B
|
01NOV10
|
01NOV10
|
01NOV10
|
01JUL96
|
08DEC06
|
F3
|
08JUL05
|
08JUL05
|
08JUL05
|
08APR95
|
22JAN95
|
F4
|
08MAY04
|
08MAY04
|
22SEP03
|
15SEP97
|
08APR94
|
B. DATES FOR FILING FAMILY-SPONSORED
VISA APPLICATIONS
Family-
Sponsored |
All Chargeability
Areas Except Those Listed |
CHINA-
mainland born |
INDIA
|
MEXICO
|
PHILIPPINES
|
F1
|
22JUL11
|
22JUL11
|
22JUL11
|
01APR96
|
08SEP07
|
F2A
|
08APR16
|
08APR16
|
08APR16
|
08APR16
|
08APR16
|
F2B
|
01SEP11
|
01SEP11
|
01SEP11
|
08AUG96
|
22JUL07
|
F3
|
01DEC05
|
01DEC05
|
01DEC05
|
01MAY95
|
01FEB95
|
F4
|
15NOV04
|
15NOV04
|
22JUN04
|
08JAN98
|
08FEB95
|
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. FINAL ACTION DATES FOR EMPLOYMENT-BASED
PREFERENCE CASES
|
Employ-
ment based |
All Charge-
ability Areas Except Those Listed |
CHINA-
mainland born |
EL SALVADOR
GUATEMALA HONDURAS |
INDIA
|
MEXICO
|
PHILIPPINES
|
|
1st
|
C
|
01JAN12
|
C
|
01JAN12
|
C
|
C
|
|
2nd
|
01APR15
|
22APR13
|
01APR15
|
22JUL08
|
01APR15
|
01APR15
|
|
3rd
|
C
|
01JAN12
|
C
|
15JUL06
|
C
|
01JUN15
|
|
Other Workers
|
C
|
01JAN04
|
C
|
15JUL06
|
C
|
01JUN15
|
|
4th
|
C
|
C
|
15SEP15
|
15SEP15
|
15SEP15
|
C
|
|
Certain Religious Workers
|
C
|
C
|
15SEP15
|
15SEP15
|
15SEP15
|
C
|
|
5th
Non-Regional Center (C5 and T5) |
C
|
15JUN14
|
C
|
C
|
C
|
C
|
|
5th
Regional Center (I5 and R5) |
C
|
15JUN14
|
C
|
C
|
C
|
C
|
B. DATES FOR FILING OF EMPLOYMENT-BASED
VISA APPLICATIONS
|
Employment-
based |
All Chargeability
Areas Except Those Listed |
CHINA-
mainland born |
INDIA
|
MEXICO
|
PHILIPPINES
|
|
1st
|
C
|
C
|
C
|
C
|
C
|
|
2nd
|
C
|
01OCT13
|
01FEB09
|
C
|
C
|
|
3rd
|
C
|
01SEP15
|
01JAN07
|
C
|
01JAN16
|
|
Other Workers
|
C
|
01JUN08
|
01JAN07
|
C
|
01JAN16
|
|
4th
|
C
|
C
|
C
|
C
|
C
|
|
Certain Religious Workers
|
C
|
C
|
C
|
C
|
C
|
|
5th
Non-Regional Center (C5 and T5) |
C
|
01SEP14
|
C
|
C
|
C
|
|
5th
Regional Center (I5 and R5) |
C
|
01SEP14
|
C
|
C
|
C
|
* Information extracted from www.travel.state.gov/
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