[Source: http://www.ice.gov/doclib/sevis/pdf/bm1112-05-dmv-timing.pdf]
To: All SEVIS
Users Date: January 17, 2012 Re: Timing is Everything: Getting Your Driver’s License or Social Security Number Number 1112-05
Background
New F, M and J nonimmigrants often apply for a driver’s license or Social Security number (SSN) either too early after entering the United States or without the proper documentation. The purpose of the following information is to highlight best practices for incoming F, M and J nonimmigrants.1
Purpose
One of the first things a new F, M or J nonimmigrant typically wants to do after entering the United States is get a driver’s license or, where appropriate, an SSN. Like many things, however, correct timing is everything. The Student and Exchange Visitor Program wants all F, M or J nonimmigrants eligible for a driver’s license or an SSN to have the easiest experience possible. Following these six simple tips makes the process go much smoother and saves a lot of time in the end:
1. Wait 10 days after you arrive in the United States. You may want to apply for a driver’s license or SSN right away, but be patient. The 10-day wait allows time for all the government databases to update with your arrival information.
2. Know what you are applying for and if you are eligible. While you are waiting, talk with your school’s designated school official (DSO) or sponsor’s responsible officer (RO) or alternate responsible officer (ARO) to learn more about your state’s driving rules and regulations. If you want an SSN, have your DSO or RO/ARO confirm that you are eligible before you apply.
3.Make sure your record in the Student and Exchange Visitor Information System (SEVIS) is up-to-date and in Active status. SEVIS is the database that contains information for all F, M and J nonimmigrants in the United States. A DSO manages an F or M nonimmigrant’s SEVIS record. An RO/ARO manages an exchange visitor’s SEVIS record. The DSO or RO/ARO (whichever applies to you) must place your record in Active status when you report to the school or program. Talk with your DSO or RO/ARO before you apply for a license or SSN to make sure your record is Active in SEVIS. If your record is not Active when you apply, your application will be rejected.
F-1 and M-1 students, J-1 exchange visitors, and accompanying F-2, M-2 or J-2 dependents
4. Check your forms. Check all your forms to make sure your information is correct. This
is data integrity. Data integrity is very important because if you have different
information on different forms, it will cause delays. Specifically, check your Form I-94,
“Arrival/Departure Record,” for handwritten information. If the information on your
Form I-94 is different than on your passport or Form I-20, “Certificate of Eligibility for
Nonimmigrant Student Status,” or Form DS-2019, “Certificate of Eligibility for
Exchange Visitor (J-1) Status,” please see the DMV Fact Sheet for more information.
5. Wait two days after your DSO or RO/ARO activates your record in SEVIS. After
your DSO or RO/ARO activates your record in SEVIS, you should wait at least two
federal business days before you apply for a driver’s license or SSN. This gives all the
databases time to update with your new information.
6. Bring all your paperwork. When you go to the Department of Motor Vehicles (DMV) –
the common name for a state government office that issues driver’s licenses – or to the
Social Security office, remember to bring all your paperwork. For most states, the
paperwork includes these documents:
Form I-20 or Form DS-2019
Form I-94, “Arrival/Departure Record”
Passport (with visa, if applicable)
Proof of legal presence or residence (ask your DSO or RO/ARO what your state
requires)
For an SSN, you must also bring a letter of employment and an endorsed Form I-20 (for
F students). Exchange visitors should consult with their RO/ARO first to make sure the
Social Security Administration requires a letter of employment for the J category.
These six tips should help you get your driver’s license or SSN without having any major
problems. If you are interested in specific details about F-2, M-2 or J-2 dependents, please see
page 8 of the DMV Fact Sheet. Always talk with your DSO or RO/ARO before you try to apply.
Your DSO or RO/ARO may have more information about your particular state. Safe travels!
Learn More
Driving in the United States
http://studyinthestates.dhs.gov/students/resources/driving/
Obtaining a Social Security Number (SSN)
http://studyinthestates.dhs.gov/students/resources/social-security-number/
DMV Fact Sheet
http://www.ice.gov/doclib/sevis/pdf/dmv_factsheet.pdf
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.
January 18, 2012
IMMIGRATION AND POLICY: STATE DEPARTMENT CONTINUES TO REDUCE VISA INTERVIE...
IMMIGRATION AND POLICY: STATE DEPARTMENT CONTINUES TO REDUCE VISA INTERVIE...: http://www.state.gov/r/pa/prs/ps/2012/01/180628.htm YEAR-ON-YEAR DEMAND UP IN CHINA AND BRAZIL: STATE DEPARTMENT CONTINUES TO REDUCE VISA...
January 17, 2012
STATE DEPARTMENT CONTINUES TO REDUCE VISA INTERVIEW WAIT TIMES
http://www.state.gov/r/pa/prs/ps/2012/01/180628.htm
YEAR-ON-YEAR DEMAND UP IN CHINA AND BRAZIL: STATE DEPARTMENT CONTINUES TO REDUCE VISA INTERVIEW WAIT TIMES
Visa processing in Brazil and China jumped more than 50 percent in the first quarter of fiscal year 2012 from the same period in 2011. At the same time, on our missions in China and Brazil decreased the wait for visa interviews. In China, visa interview wait times are only two days at any of our five - processing posts. In Brazil, wait times are down to 15 days in Rio de Janeiro and six days in Brasilia.
YEAR-ON-YEAR DEMAND UP IN CHINA AND BRAZIL: STATE DEPARTMENT CONTINUES TO REDUCE VISA INTERVIEW WAIT TIMES
Visa processing in Brazil and China jumped more than 50 percent in the first quarter of fiscal year 2012 from the same period in 2011. At the same time, on our missions in China and Brazil decreased the wait for visa interviews. In China, visa interview wait times are only two days at any of our five - processing posts. In Brazil, wait times are down to 15 days in Rio de Janeiro and six days in Brasilia.
January 11, 2012
IMMIGRATION AND POLICY: PROSECUTORIAL DISCRETION
IMMIGRATION AND POLICY: PROSECUTORIAL DISCRETION: Posted by Norka M. Schell, Esq. What is a prosecutorial discretion for immigration purpose? If a person is detained by the the Depar...
PROSECUTORIAL DISCRETION
Posted by Norka M. Schell, Esq.
What is a prosecutorial discretion for immigration purpose?
If a person is detained by the the Department of Homeland Security, or is placed in removal proceedings, his or her lawyer may request that the agency or an officer with enforcement authority to decide whether to enforce a law in the particular case. In its exercise of prosecutorial discretion, the government may decline to institute, administrative close the proceedings and/or may grant the person deferred action status, allowing the person to remain in the United States for a certain period of time, possibly with employment authorization. It is important to know that the government's prosecutorial discretion does not allow it to grant permanent or lawful immigration status, however, to persons who are otherwise ineligible.
Last December, Immigration and Customs Enforcement (ICE) in Baltimore launched a pilot program to review which will review 5,000 non-detained cases currently on it docket to determine which ones should be administratively closed as per instructions from the ICE Office of the Principal Legal Advisor. The pilot program is scheduled to last until January 12, 2012. Given the quick pace of review, ICE Baltimore encourages the attorneys to file requests for administrative closure.
The factors that the government uses in determining whether to exercise prosecutorial discretion favorably for a foreign national are these cases involving foreign national:
- who is a member in good standing of the Coast Guard or Armed Forced of the United States, an honorably discharged veteran of the Cost Guard or Armed Forced of the United States, or the spouse or children of such a member or veteran;
- who is a child, has been in the United States for more than five years, and is either in school or has successfully completed high school (or its equivalent);
- who came to the United States under the age of sixteen, has been in the United States for more than five years, has completed high school (or its equivalent), and is now pursuing or has successfully completed higher education in the United State;
- who is over the age of sixty-five and has been present in the United States for more than ten years;
- who is victim of domestic violence in the United States, human trafficking to the United States; or of any other serious crimes in the United States;
- who has been a lawful permanent resident for ten years or more and has a single, minor conviction for a non-violent offense;
- who suffers from a serious mental or physical condition that would require significant medical or detention resources; or
- who has very long-term presence in the United States, has an immediate family member who is a United States citizen, and has established compelling ties and made compelling contributions to the United States.
An Immigration Judge can and must terminate proceedings when he or she finds that the person is not removable as charged. If proceedings are terminated, these individual could be given deferred action status while waiting for their priority dates to become current, as which allow them to work and qualify for certain public benefit until they are eligible to adjust status.
For more information about about prosecutorial discretion please visit our website at http://www.lawschell.com/ or call our office at (212) 564-1589.
January 3, 2012
IMMIGRATION AND POLICY: FAIRNESS FOR HIGH-SKILLED WORKERS ACT
IMMIGRATION AND POLICY: FAIRNESS FOR HIGH-SKILLED WORKERS ACT: Posted by Norka M. Schell, Esq. http://www.lawschell.com/ The U.S. House of Representative has overwhelmingly passed the...
FAIRNESS FOR HIGH-SKILLED WORKERS ACT
Posted by Norka M. Schell, Esq.
http://www.lawschell.com/
The U.S. House of Representative has overwhelmingly passed the Fairness for High-Skilled Workers Act (H.R. 3012), a bill that should change the way employment-based (EB) green cards are allocated by eliminating country-specific quotas.
If the bill becomes law, it will equalize the waiting times for EB permanent residence, which would result in significant advancement in EB green card availability for India and China and retrogression for certain other countries. The bill would also increase the country-specific quotas for family-based green cards.
The bill will not become law until it passes the Senate and is signed by the President.
Under the current law, no more than seven percent of the total number of EB green cards can be allocated to the natives of any single country. If there are more green card applications than immigrant visa numbers in an EB category for a specific country, the State Department determines a cut-off date for applications. A foreign national whose priority date is earlier than the cut-off date for his EB category and country of birth is eligible to apply for adjustment of status or immigrant visa. A foreign national whose priority date is later than the cut-off must wait in a green card queue until more immigrant visas become available for his country of birth and preference category.
If the bill is enacted, the way EB green cards are allocated would change significantly. The seven percent limit per country would be eliminated in 2015. Instead of separated queues for each country each EB green card category, there would be a eventually a single queue for each employment-based green card.
http://www.lawschell.com/
The U.S. House of Representative has overwhelmingly passed the Fairness for High-Skilled Workers Act (H.R. 3012), a bill that should change the way employment-based (EB) green cards are allocated by eliminating country-specific quotas.
If the bill becomes law, it will equalize the waiting times for EB permanent residence, which would result in significant advancement in EB green card availability for India and China and retrogression for certain other countries. The bill would also increase the country-specific quotas for family-based green cards.
The bill will not become law until it passes the Senate and is signed by the President.
Under the current law, no more than seven percent of the total number of EB green cards can be allocated to the natives of any single country. If there are more green card applications than immigrant visa numbers in an EB category for a specific country, the State Department determines a cut-off date for applications. A foreign national whose priority date is earlier than the cut-off date for his EB category and country of birth is eligible to apply for adjustment of status or immigrant visa. A foreign national whose priority date is later than the cut-off must wait in a green card queue until more immigrant visas become available for his country of birth and preference category.
If the bill is enacted, the way EB green cards are allocated would change significantly. The seven percent limit per country would be eliminated in 2015. Instead of separated queues for each country each EB green card category, there would be a eventually a single queue for each employment-based green card.
CHANGED FILING LOCATION FOR FORM I-130
Posted by Norka M. Schell, Esq.
www.LawSchell.com
USCIS changed the filing location for Form I-130, Petition for Alien Relative on January 1, 2012. From now on domestic petitioners must mail their stand-alone I-130 applications to either the Chicago Lockbox or the Phoenix Lockbox, depending on where they reside in the United States.
Note that there will be no change in filing locations when submitting Form I-130 along with Form I-485. Individuals who submit their Form I-130 packages to the incorrect Lockbox location may experience a delay in processing. USCIS NEWS
www.LawSchell.com
USCIS changed the filing location for Form I-130, Petition for Alien Relative on January 1, 2012. From now on domestic petitioners must mail their stand-alone I-130 applications to either the Chicago Lockbox or the Phoenix Lockbox, depending on where they reside in the United States.
Note that there will be no change in filing locations when submitting Form I-130 along with Form I-485. Individuals who submit their Form I-130 packages to the incorrect Lockbox location may experience a delay in processing. USCIS NEWS
USCIS REMINDS SHEEPHERDING INDUSTRY
USCIS has issued a remainder to the sheepherding industry of the upcoming expiration of the one-time accommodation giving them more time to fully transition to the three-year limitation-of-stay requirements for the H-2A nonimmigrant classification.
USCIS announced the limitation-of-stay requirements under the final rule that became effective on January 17, 2009. USCIS granted a one-time accommodation for sheepherders in H-2A status in December 2009 in deference to their industry's poor exemption from the three-year limitation. This exemption did not impact other H-2A categories.
Time spent as an H-2A sheepherder before the final rule became effective has not counted toward the three-year maximum period of stay. Instead, USCIS started the dock on January 17, 2009, for H-2A sheepherders lawfully present in the United States on that date.
All H-2A nonimmigrant workers, including sheepherders, are subject to a three-month departure requirement once they have been in the United States in H-2A status for a maximum three-year period. For example, H-2A sheepherders present in the United States on January 17, 2009, must depart by January 16, 2012, and remain outside the country for at lease three months before being granted H-2A classification again. USCIS NEWS
USCIS announced the limitation-of-stay requirements under the final rule that became effective on January 17, 2009. USCIS granted a one-time accommodation for sheepherders in H-2A status in December 2009 in deference to their industry's poor exemption from the three-year limitation. This exemption did not impact other H-2A categories.
Time spent as an H-2A sheepherder before the final rule became effective has not counted toward the three-year maximum period of stay. Instead, USCIS started the dock on January 17, 2009, for H-2A sheepherders lawfully present in the United States on that date.
All H-2A nonimmigrant workers, including sheepherders, are subject to a three-month departure requirement once they have been in the United States in H-2A status for a maximum three-year period. For example, H-2A sheepherders present in the United States on January 17, 2009, must depart by January 16, 2012, and remain outside the country for at lease three months before being granted H-2A classification again. USCIS NEWS
JUSTICE DEPARTMENT SETTLES ALLEGATIONS OF CITIZENSHIP STATUS DISCRIMINATION AND RETALIATION AGAINST GEORGIA RUG MANUFACTURE
Posted by: Norka M. Schell, Esq.
www.LawSchell.com
"Employers may not treat authorized workers differently during the hiring process based on their national origin or citizenship status. It is illegal when employers take action against workers for asserting their federally protected rights and that type of behavior will be vigorously investigated and prosecuted." Thomas E. Perez.
The Justice Department settled with Garland Sales, Inc., a Georgia rug manufacturer, resolving allegations that it engaged in discrimination by imposing unnecessary documentary requirements on individuals of Hispanic origin when establishing their eligibility to work in the United States, and that it retaliated against a worker for protesting his discriminatory treatment. According to the settlement, Garland has agreed to pay $10,000. in back pay and civil penalties, and to undergo training on proper employment eligibility verification practices. www.justice.gov/opa/pr/2011/December/11-crt-1718.html
www.LawSchell.com
"Employers may not treat authorized workers differently during the hiring process based on their national origin or citizenship status. It is illegal when employers take action against workers for asserting their federally protected rights and that type of behavior will be vigorously investigated and prosecuted." Thomas E. Perez.
The Justice Department settled with Garland Sales, Inc., a Georgia rug manufacturer, resolving allegations that it engaged in discrimination by imposing unnecessary documentary requirements on individuals of Hispanic origin when establishing their eligibility to work in the United States, and that it retaliated against a worker for protesting his discriminatory treatment. According to the settlement, Garland has agreed to pay $10,000. in back pay and civil penalties, and to undergo training on proper employment eligibility verification practices. www.justice.gov/opa/pr/2011/December/11-crt-1718.html
December 23, 2011
SEASON'S GREETING
Dear Clients, Colleagues and Friends,
During the Holiday Season more than ever, our thoughts turn gratefully to those who have make our progress possible.
And in this spirit we say, simply but sincerely,
Thank You and Best Wishes for the Holiday Season and Happy New Year!
Law Offices of Norka M. Schell, LLC
www.LawSchell.com
During the Holiday Season more than ever, our thoughts turn gratefully to those who have make our progress possible.
And in this spirit we say, simply but sincerely,
Thank You and Best Wishes for the Holiday Season and Happy New Year!
Law Offices of Norka M. Schell, LLC
www.LawSchell.com
December 18, 2011
SUPREME COURT: UNANIMOUS DECISION
JUDULANG v. HOLDER, Dec. 12, 2011: the BIA's policy for applying INA 212(c) in deportation case -- the "comparable grounds" rule -- is arbitrary and capricious under Adminstrative Procedure Act. http://ww.supremecourt.gov/opinions/11pdf/10-694.pdf
December 16, 2011
IMMIGRATION AND POLICY: ANCHOR BABIES IS NOW AN OFFENSIVE TERM
ANCHOR BABIES IS NOW AN OFFENSIVE TERM: How do you define babies born to illegal aliens mothers within the United States? "Anchor baby." As per the Wikipedia the term anchor ba...
ANCHOR BABIES IS NOW AN OFFENSIVE TERM
How do you define babies born to illegal aliens mothers within the United States?
"Anchor baby." As per the Wikipedia the term anchor baby means " having a U.S. citizen child confers immigration benefits on the parents and extended family as immigration does allow a U.S. citizen child to sponsor his or her."
The American Heritage dictionary initially defined the term as "a child born to a non citizen mother in a country that grants automatic citizenship to children born on its soil, specially such a child born to parents seeking to secure eventually citizenship for themselves and often other members of their family."
After a long debate on the meaning of the term "anchor baby" the American Heritage Dictionary revised its definition in the lastes edition. Anchor baby now means " Offensive used as a disparaging term for a child born to a noncitizen mother in a country that grants automatic citizenship to children born on its soil, especially when the child's birthplace is thought to have been chosen in order to improve the mother's or other relatives chances of securing eventually citizenship."
"Anchor baby." As per the Wikipedia the term anchor baby means " having a U.S. citizen child confers immigration benefits on the parents and extended family as immigration does allow a U.S. citizen child to sponsor his or her."
The American Heritage dictionary initially defined the term as "a child born to a non citizen mother in a country that grants automatic citizenship to children born on its soil, specially such a child born to parents seeking to secure eventually citizenship for themselves and often other members of their family."
After a long debate on the meaning of the term "anchor baby" the American Heritage Dictionary revised its definition in the lastes edition. Anchor baby now means " Offensive used as a disparaging term for a child born to a noncitizen mother in a country that grants automatic citizenship to children born on its soil, especially when the child's birthplace is thought to have been chosen in order to improve the mother's or other relatives chances of securing eventually citizenship."
November 9, 2011
IMMIGRATION AND POLICY: DHS EXTENDS TPS FOR HONDURAS AND NICARAGUAS
IMMIGRATION AND POLICY: DHS EXTENDS TPS FOR HONDURAS AND NICARAGUAS: By: Norka M. Schell, Esq. On November 4, 2011, U.S. Citizenship and Immigration Services (USCIS) announced the that the DHS Secretary Jane...
IMMIGRATION AND POLICY: "V" Nonimmigrant Visa
IMMIGRATION AND POLICY: "V" Nonimmigrant Visa: The "V" visa is a nonimmigrant visa created to allow families to stay together while waiting for the processing of immigrant visa.
"V" Nonimmigrant Visa
The "V" visa is a nonimmigrant visa created to allow families to stay together while waiting for the processing of immigrant visa.
To qualify for a V visa, a spouse or child (under age 21) of a U.S. lawful permanent resident (LPR) must meet all of the following criteria:
1. The U.S. LPR spouse and/or parent MUST have filed Form I-130, Petition for Alien Relative, with the U.S. Citizenship and Immigration Services (USCIS) on behalf of his or her spouse/child(ren) on or before December 21, 2000;
2.The petition’s priority date must be at least three years old;
3.The priority date must not be current;
4.The applicant must not have already had an immigrant visa interview or be scheduled for an interview;
5.The petition must not already be at a U.S. embassy or consulate for immigrant visa processing; and
6.The applicant must be otherwise eligible as an immigrant.
U.S. embassies and consulates have not issued any V visas for the past several years because applicants with priority dates on or before December 21, 2000, were able to apply for immigrant visas as their priority dates became current. Review the Visa Bulletin for information on the priority dates of petitions for spouses and children of U.S. lawful permanent residents that are currently being processed for immigrant visas.
For more information about "V" Nonimmigrant Visa, see www.travelstate.gov or call the Offices of Norka M. Schell, LLC at (212) 564-1589.
To qualify for a V visa, a spouse or child (under age 21) of a U.S. lawful permanent resident (LPR) must meet all of the following criteria:
1. The U.S. LPR spouse and/or parent MUST have filed Form I-130, Petition for Alien Relative, with the U.S. Citizenship and Immigration Services (USCIS) on behalf of his or her spouse/child(ren) on or before December 21, 2000;
2.The petition’s priority date must be at least three years old;
3.The priority date must not be current;
4.The applicant must not have already had an immigrant visa interview or be scheduled for an interview;
5.The petition must not already be at a U.S. embassy or consulate for immigrant visa processing; and
6.The applicant must be otherwise eligible as an immigrant.
U.S. embassies and consulates have not issued any V visas for the past several years because applicants with priority dates on or before December 21, 2000, were able to apply for immigrant visas as their priority dates became current. Review the Visa Bulletin for information on the priority dates of petitions for spouses and children of U.S. lawful permanent residents that are currently being processed for immigrant visas.
For more information about "V" Nonimmigrant Visa, see www.travelstate.gov or call the Offices of Norka M. Schell, LLC at (212) 564-1589.
November 7, 2011
IMMIGRATION AND POLICY: DHS EXTENDS TPS FOR HONDURAS AND NICARAGUAS
IMMIGRATION AND POLICY: DHS EXTENDS TPS FOR HONDURAS AND NICARAGUAS: By: Norka M. Schell, Esq. On November 4, 2011, U.S. Citizenship and Immigration Services (USCIS) announced the that the DHS Secretary Jane...
DHS EXTENDS TPS FOR HONDURAS AND NICARAGUAS
By: Norka M. Schell, Esq.
On November 4, 2011, U.S. Citizenship and Immigration Services (USCIS) announced the that the DHS Secretary Janet Napolitano has extended the designations of Honduras and Nicaragua for temporary protected status (TPS) for 18 months from the current expiration date of January 5, 2012, to July 5, 2013. There are approximately 64,000 nationals of Honduras and 3,000 nationals of Nicaragua (aliens having no nationality who last habitually resided in these countries) who may be eligible for registration. The extension of the TPS designations of Honduras and Nicaragua is effective January 6, 2012, and will remain in effect through July 5, 2012.
The 60-day reregistration period begins November 4, 2011, and will remain in effect until January 5, 2012.
On November 4, 2011, U.S. Citizenship and Immigration Services (USCIS) announced the that the DHS Secretary Janet Napolitano has extended the designations of Honduras and Nicaragua for temporary protected status (TPS) for 18 months from the current expiration date of January 5, 2012, to July 5, 2013. There are approximately 64,000 nationals of Honduras and 3,000 nationals of Nicaragua (aliens having no nationality who last habitually resided in these countries) who may be eligible for registration. The extension of the TPS designations of Honduras and Nicaragua is effective January 6, 2012, and will remain in effect through July 5, 2012.
The 60-day reregistration period begins November 4, 2011, and will remain in effect until January 5, 2012.
ALABAMA IMMIGRATION LAW SPARKS DOJ INVESTIGATION
Alien students can be specially vulnerable during periods of political crises. Not even a child is exempted from the hostility of those who opposes the undocumented alien population. On November 04, 2011the Department of Justice (DOJ) sent a letter to Alabama School reminding them that states cannot deny a child public access to education based on immigration status. The DOJ also requested information regarding enrollment practices to determine whether each school district is in compliance with federal law and whether further action is warranted.
The Alabama School Superintendent must send to the DOJ the requested information no later than November 14, 2011. www.hufingtonpost.com/2011/11/02/alabama-immigration-law-s_n_1071657.html
The Alabama School Superintendent must send to the DOJ the requested information no later than November 14, 2011. www.hufingtonpost.com/2011/11/02/alabama-immigration-law-s_n_1071657.html
IMMIGRATION AND POLICY: REMOVAL PROCEEDINGS
IMMIGRATION AND POLICY: REMOVAL PROCEEDINGS: By: Norka M. Schell, Esq.
REMOVAL PROCEEDINGS
By: Norka M. Schell, Esq.
Jose, from Columbia, applied for adjustment of status. At the interview, the USCIS officer learns that Joe made a false claim to U.S. citizenship last December by showing a U.S. citizen birth certificate to qualify for a social security number. Jose is placed in removal proceedings.
Raul, from Mexico, crossed the border into Texas without documents and met up with a smuggler, who agree to drive him to New York. A few miles from the border, their car was stopped by border patrol agents and Raul was placed in removal proceedings.
Maria, from India, entered the United States with a tourist visa and has remainded beyond her authorized stay. Maria may be placed in removal proceedings because she violated her tourist status.
You probably know someone who was placed in removal proceedings. But what is "removal proceeding"?
A removal proceed is an immigration court hearing before the immigration judge to determine whether a non citizen will be removed from the United Sates because of a violation of an immigration law.
The Immigration and Nationality Act (“INA”) expressly charges the Attorney General (“AG”) with the administration and enforcement” of the immigration laws. More specifically, it gives the “AG” both the power and the duty “to control and guard the boundaries and border of the United States against the illegal entry of aliens.” The “AG” has authorized the Department of Homeland Securuty ("DHS") employee who bears the title “immigration officer” to exercise those and other powers. Immigration officers include all immigration inspectors at the border, all border patrol agents, all investigators, and many others. The “AG” may also deputize properly trained state employers to perform investigation, apprehension, and detention functions.
DHS does not bring removal proceedings against every alien whom it suspects of being deportable. For one things, it recognizes that there are certain cases in which extraordinary sympathetic factors would make removal unconscionable. For another, DHS could not remove all deportable aliens even if it wanted to. Removal proceedings require apprehension, investigation, processing, possibly detention, prosecution, adjudication, removal, and record-keeping. Like any other government agency, DHS has limited resources. It has to decide how it can most effectively allocate those resources between law enforcement functions and other functions, and within law enforcement.
For some time DHS policy has been to refrain from initiating removal proceedings in certain unusually compassionate cases. That policy has been given different names over the years: “prosecutorial discretion”, “nonpriority status”, and deferred action”. Whatever the name, the theory has been that the case is simply put on the back burner. Technically DHS remains free to proceed against the alien in the future if its workload or its priorities changes; realistically, since the actual reason for holding back is the presence of exceptionally sympathetic factors, relief will typically be permanent unless those individual factors change.
Once removal proceeding starts, the Immigration Judge acquires jurisdiction over the case. At that point the DHS no longer has the discretion not to prosecute; it may file a motion to dismiss (without prejudice), but is up to the immigration judge whether to grant the motion.
Individuals in removal proceedings are called "respondents". Respondents in proceedings have a right to be represented by counsel at their own expenses; right to be advised of eligibility for relief; and right to due process.
Unfortunately, most respondents face removal proceedings unrepresented and an increasing number are detained. If a respondent is unrepresented, the likelihood of him avoiding deportation is much smaller than it is for those who have the resources to retain counsel.
If you would like more information on removal proceendings, call the Offices of Norka M. Schell, LLC at (212) 564-1589.
Jose, from Columbia, applied for adjustment of status. At the interview, the USCIS officer learns that Joe made a false claim to U.S. citizenship last December by showing a U.S. citizen birth certificate to qualify for a social security number. Jose is placed in removal proceedings.
Raul, from Mexico, crossed the border into Texas without documents and met up with a smuggler, who agree to drive him to New York. A few miles from the border, their car was stopped by border patrol agents and Raul was placed in removal proceedings.
Maria, from India, entered the United States with a tourist visa and has remainded beyond her authorized stay. Maria may be placed in removal proceedings because she violated her tourist status.
You probably know someone who was placed in removal proceedings. But what is "removal proceeding"?
A removal proceed is an immigration court hearing before the immigration judge to determine whether a non citizen will be removed from the United Sates because of a violation of an immigration law.
The Immigration and Nationality Act (“INA”) expressly charges the Attorney General (“AG”) with the administration and enforcement” of the immigration laws. More specifically, it gives the “AG” both the power and the duty “to control and guard the boundaries and border of the United States against the illegal entry of aliens.” The “AG” has authorized the Department of Homeland Securuty ("DHS") employee who bears the title “immigration officer” to exercise those and other powers. Immigration officers include all immigration inspectors at the border, all border patrol agents, all investigators, and many others. The “AG” may also deputize properly trained state employers to perform investigation, apprehension, and detention functions.
DHS does not bring removal proceedings against every alien whom it suspects of being deportable. For one things, it recognizes that there are certain cases in which extraordinary sympathetic factors would make removal unconscionable. For another, DHS could not remove all deportable aliens even if it wanted to. Removal proceedings require apprehension, investigation, processing, possibly detention, prosecution, adjudication, removal, and record-keeping. Like any other government agency, DHS has limited resources. It has to decide how it can most effectively allocate those resources between law enforcement functions and other functions, and within law enforcement.
For some time DHS policy has been to refrain from initiating removal proceedings in certain unusually compassionate cases. That policy has been given different names over the years: “prosecutorial discretion”, “nonpriority status”, and deferred action”. Whatever the name, the theory has been that the case is simply put on the back burner. Technically DHS remains free to proceed against the alien in the future if its workload or its priorities changes; realistically, since the actual reason for holding back is the presence of exceptionally sympathetic factors, relief will typically be permanent unless those individual factors change.
Once removal proceeding starts, the Immigration Judge acquires jurisdiction over the case. At that point the DHS no longer has the discretion not to prosecute; it may file a motion to dismiss (without prejudice), but is up to the immigration judge whether to grant the motion.
Individuals in removal proceedings are called "respondents". Respondents in proceedings have a right to be represented by counsel at their own expenses; right to be advised of eligibility for relief; and right to due process.
Unfortunately, most respondents face removal proceedings unrepresented and an increasing number are detained. If a respondent is unrepresented, the likelihood of him avoiding deportation is much smaller than it is for those who have the resources to retain counsel.
If you would like more information on removal proceendings, call the Offices of Norka M. Schell, LLC at (212) 564-1589.
October 27, 2011
IMMIGRATION AND POLICY: No Relief for Inadmissible Alien Under the Preside...
IMMIGRATION AND POLICY: No Relief for Inadmissible Alien Under the Preside...: Criminal activity can affect an alien's immigration status in various ways. It can constitute a ground for inadmissibility or a ground for d...
No Relief for Inadmissible Alien Under the President Obama's Proclamation
Criminal activity can affect an alien's immigration status in various ways. It can constitute a ground for inadmissibility or a ground for deportability or both. It can destroy an alien's statutory eligibility for various forms of affirmative relief from removal. It can determine whether an alien will be detained while removal proceedings are pending. It can make a person ineligible for naturalization. And it can weigh against the favorable exercise of administrative discretion n a whole range of contexts.
On August 8, 2011, President Barack Obama issued a presidential proclamation suspending the entry as immigrants and nonimmigrants of persons who have participated in serious violations of human rights and humanitarian law and those who engage in other related abuses. Specifically, entry is suspended for:
1. Any alien planned, ordered, assisted, aided, and abetted, committed, or otherwise participated in including through command responsibility, widespread, or systematic violence against any civilian population based in whole or in part on race, color, descent, sex, disability, membership in an indigenous group, language, religion, political opinion, national origin, ethnicity, membership in particular social group, birth, or sexual orientation or gender identity or who attempted or conspired to do so.
2. Any alien who planned, ordered, aided or abetted, committed, or otherwise participated in, including through command responsibility, war crimes, crimes against humanity or other serious violations of human rights or who attempted or conspired to do so.
What do you think are the rationales for having such a proclamation?
On August 8, 2011, President Barack Obama issued a presidential proclamation suspending the entry as immigrants and nonimmigrants of persons who have participated in serious violations of human rights and humanitarian law and those who engage in other related abuses. Specifically, entry is suspended for:
1. Any alien planned, ordered, assisted, aided, and abetted, committed, or otherwise participated in including through command responsibility, widespread, or systematic violence against any civilian population based in whole or in part on race, color, descent, sex, disability, membership in an indigenous group, language, religion, political opinion, national origin, ethnicity, membership in particular social group, birth, or sexual orientation or gender identity or who attempted or conspired to do so.
2. Any alien who planned, ordered, aided or abetted, committed, or otherwise participated in, including through command responsibility, war crimes, crimes against humanity or other serious violations of human rights or who attempted or conspired to do so.
What do you think are the rationales for having such a proclamation?
September 28, 2011
IMMIGRATION AND POLICY: EMPLOYMENT CREATION IMMIGRATION CLASSIFICATION
IMMIGRATION AND POLICY: EMPLOYMENT CREATION IMMIGRATION CLASSIFICATION: BY: NORKA M. SCHELL, ESQ. Immigrant investors are entrepreneurial and create jobs in the United States. WHAT IS THE EB-5 VISA? Th...
EMPLOYMENT CREATION IMMIGRATION CLASSIFICATION
BY: NORKA M. SCHELL, ESQ.
Immigrant investors are entrepreneurial and create jobs in the United States.
WHAT IS THE EB-5 VISA?
The EB-5 visa category is one of the five employment-related bases for obtaining permanent residence in the United States. It refers to EB-5 immigrant classification because it is the fifth employment-related basis listed in the Immigration and Nationality Act (INA). The EB-5 was crated by Congress in 1990. Of the approximately 10,000 visa that are available yearly for this preference, 3,000 are reserved for entrepreneurs who invest in targeted employment areas and 3,000 visa is set aside for entrepreneurs who immigrate through a regional center pilot program.
WHAT ARE THE BENEFITS FOR THE INVESTORS?
The EB-5 visa category allows qualifying investor, and any accompanying or following to join spouses and children, to obtain lawful permanence status if the qualifying investor meets the statutory requirements.
WHAT ARE THE STATUTORY REQUIREMENTS?
(1) Be one in which the investor has invested or in the process of investing at least $1 million ( or at list $500.000 if investing in a "targeted employment area;"
(2) Benefit the U.S. economy;
(3) Create full-time employment for at least 10 US workers.
Moreover, the investor must have at least a policy-making role in the enterprise.
WHAT IS THE ALTERNATIVE TO EB-5 immigrant investor category?
An alternative to the EB-5 immigrant investor category, there is the Treaty Trader (E-1) and Treaty Investor (E-2) visa.
The E-1 and E-2 are for a national for a country with which the U.S. maintains treaty of commerce and navigation who is coming to the United States to carry on substantial trade, including trade of services or technology, principally between United States and the treaty country, or to develop and direct the operations of an enterprises in which the national has invested, or is in the process of investing a substantial amount of capital, under the provisions of the INA.
Immigrant investors are entrepreneurial and create jobs in the United States.
WHAT IS THE EB-5 VISA?
The EB-5 visa category is one of the five employment-related bases for obtaining permanent residence in the United States. It refers to EB-5 immigrant classification because it is the fifth employment-related basis listed in the Immigration and Nationality Act (INA). The EB-5 was crated by Congress in 1990. Of the approximately 10,000 visa that are available yearly for this preference, 3,000 are reserved for entrepreneurs who invest in targeted employment areas and 3,000 visa is set aside for entrepreneurs who immigrate through a regional center pilot program.
WHAT ARE THE BENEFITS FOR THE INVESTORS?
The EB-5 visa category allows qualifying investor, and any accompanying or following to join spouses and children, to obtain lawful permanence status if the qualifying investor meets the statutory requirements.
WHAT ARE THE STATUTORY REQUIREMENTS?
(1) Be one in which the investor has invested or in the process of investing at least $1 million ( or at list $500.000 if investing in a "targeted employment area;"
(2) Benefit the U.S. economy;
(3) Create full-time employment for at least 10 US workers.
Moreover, the investor must have at least a policy-making role in the enterprise.
WHAT IS THE ALTERNATIVE TO EB-5 immigrant investor category?
An alternative to the EB-5 immigrant investor category, there is the Treaty Trader (E-1) and Treaty Investor (E-2) visa.
The E-1 and E-2 are for a national for a country with which the U.S. maintains treaty of commerce and navigation who is coming to the United States to carry on substantial trade, including trade of services or technology, principally between United States and the treaty country, or to develop and direct the operations of an enterprises in which the national has invested, or is in the process of investing a substantial amount of capital, under the provisions of the INA.
September 15, 2011
CONVICTION UNDER IMMIGRATION LAW By: Norka M. Sc...
IMMIGRATION AND POLICY: CONVICTION UNDER IMMIGRATION LAW
By: Norka M. Sc...: CONVICTION UNDER IMMIGRATION LAW By: Norka M. Schell Attorney-at-Law Was there ever a conviction? And, if so, what subsequent su...
By: Norka M. Sc...: CONVICTION UNDER IMMIGRATION LAW By: Norka M. Schell Attorney-at-Law Was there ever a conviction? And, if so, what subsequent su...
CONVICTION UNDER IMMIGRATION LAW
By: Norka M. Schell
Attorney-at-Law
Was there ever a conviction? And, if so, what subsequent subsequent developments might erase that conviction?
Common to several deportability grounds is a requirement that the alien have been "convicted" of a certain. Some difficult problems of great practical importance can arise in determining whether the action a court has taken amounts to "conviction" for deportation purpose. A conviction for immigration purpose must be a final judgment of guilt.
Under the INA section 101(a)(48)(A), the term "conviction" means, with respect to an alien, a formal judgement of guilt of the alien entered by a court, or if adjudication of guilt has been withheld, where--
(i) a judge or 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 guilt, and
(ii) 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 judgement is entered on the docket" which under the Federal R. Crim. P. 32(d)(1) is after sentencing.
Under the Immigration and Nationality Act ("INA"), an alien will be found deportable if convicted of certain crimes, for instance: general crimes; drug offenses; crimes relating to firearms; miscellaneous crimes; and crimes of domestic violence, stalking, or violation of a protective order.
General Crimes are: crime of moral turpitude (CIMTs); multiple criminal convictions; aggravated felonies; high speed flight; and failure to register as a sex offender.
Miscellaneous Crimes are: espionage; sabotage; treason and sedition; Mmilitary selective service act; trading with the Enemy Act; Sections of the U.S. Code dealing with threats against the president and against successors to the presidency; the prohibiting expeditions against friendly nations; the section of the INA relating to importation of foreign nationals for immoral purposes; and the section of the INA relating to travel documentation requirements.
Many states now employ some method of ameliorating the consequences of a conviction. The procedures vary from state to state and include provisions for annulling or setting aside the conviction, permitting withdrawal of plea, sealing the records after completion of a sentence or probation, and deferring adjudication of guilt with dismissal of proceedings following a probationary period. Many states have more than one ameliorative provision, some apply only to youthful or first offenders, and others being available to the convicted population at large.
Outcomes that do not constitute a conviction under immigration law
Conviction vacated on the merits;
Acquittal or finding of not guilty;
Conviction that is not final;
Conviction from which the defendant has taken an appeal of right that is still pending, or for which the time to file a notice of appeal has not expired;
Nolle Prosequi;
Refusal to prosecute;
Certain Pre-Plea/Diversionary Program;
State counterpart of the Federal First Offender Act (FFOA);
Conviction in proceedings in the U.S. that do not require proof of guilt beyond a reasonable doubt or otherwise comport with standard criminal proceedings; withholding of adjudication where no criminal penalty or punishment is imposed; juvenile delinquency finding.
Erasing a Conviction
The validity of a criminal conviction may not be collaterally attacked in removal proceedings. However, there are various post-conviction remedies that can be pursued in the court that entered the conviction.
If you would like addition information on conviction under immigration law, please contact my office at (212) 564-1589.
By: Norka M. Schell
Attorney-at-Law
Was there ever a conviction? And, if so, what subsequent subsequent developments might erase that conviction?
Common to several deportability grounds is a requirement that the alien have been "convicted" of a certain. Some difficult problems of great practical importance can arise in determining whether the action a court has taken amounts to "conviction" for deportation purpose. A conviction for immigration purpose must be a final judgment of guilt.
Under the INA section 101(a)(48)(A), the term "conviction" means, with respect to an alien, a formal judgement of guilt of the alien entered by a court, or if adjudication of guilt has been withheld, where--
(i) a judge or 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 guilt, and
(ii) 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 judgement is entered on the docket" which under the Federal R. Crim. P. 32(d)(1) is after sentencing.
Under the Immigration and Nationality Act ("INA"), an alien will be found deportable if convicted of certain crimes, for instance: general crimes; drug offenses; crimes relating to firearms; miscellaneous crimes; and crimes of domestic violence, stalking, or violation of a protective order.
General Crimes are: crime of moral turpitude (CIMTs); multiple criminal convictions; aggravated felonies; high speed flight; and failure to register as a sex offender.
Miscellaneous Crimes are: espionage; sabotage; treason and sedition; Mmilitary selective service act; trading with the Enemy Act; Sections of the U.S. Code dealing with threats against the president and against successors to the presidency; the prohibiting expeditions against friendly nations; the section of the INA relating to importation of foreign nationals for immoral purposes; and the section of the INA relating to travel documentation requirements.
Many states now employ some method of ameliorating the consequences of a conviction. The procedures vary from state to state and include provisions for annulling or setting aside the conviction, permitting withdrawal of plea, sealing the records after completion of a sentence or probation, and deferring adjudication of guilt with dismissal of proceedings following a probationary period. Many states have more than one ameliorative provision, some apply only to youthful or first offenders, and others being available to the convicted population at large.
Outcomes that do not constitute a conviction under immigration law
Conviction vacated on the merits;
Acquittal or finding of not guilty;
Conviction that is not final;
Conviction from which the defendant has taken an appeal of right that is still pending, or for which the time to file a notice of appeal has not expired;
Nolle Prosequi;
Refusal to prosecute;
Certain Pre-Plea/Diversionary Program;
State counterpart of the Federal First Offender Act (FFOA);
Conviction in proceedings in the U.S. that do not require proof of guilt beyond a reasonable doubt or otherwise comport with standard criminal proceedings; withholding of adjudication where no criminal penalty or punishment is imposed; juvenile delinquency finding.
Erasing a Conviction
The validity of a criminal conviction may not be collaterally attacked in removal proceedings. However, there are various post-conviction remedies that can be pursued in the court that entered the conviction.
If you would like addition information on conviction under immigration law, please contact my office at (212) 564-1589.
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