FEBRUARY 2014 VISA BULLETIN

Posted by NYC Attorney Norka M. Schell
Law Offices of Norka M. Schell, LLC - 11 Broadway, Ste. 615 - New York, NY 10004
Tel. (212)564-1589 - Website www.lawschell.com


FAMILY-BASED CATEGORY

Family-Sponsored	All Chargeability Areas Except Those Listed	CHINA-mainland born	INDIA	MEXICO	PHILIPPINES
F1	01JAN07	01JAN07	01JAN07	01OCT93	15AUG01
F2A	08SEP13	08SEP13	08SEP13	01SEP13	08SEP13
F2B	08JUL06	08JUL06	08JUL06	01MAY93	22MAY03
F3	15MAY03	15MAY03	15MAY03	01JUN93	08FEB93
F4	22OCT01	22OCT01	22OCT01	08NOV96	08AUG90

EMPLOYMENT-BASED CATEGORY

Employment- Based	All Chargeability Areas Except Those Listed	China - mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	08JAN09	15NOV04	C	C
3rd	01JUN12	01JUN12	01SEP03	01JUN12	15APR07
Other Workers	01JUN12	01JUN12	01SEP03	01JUN12	15APR07
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th Targeted EmploymentAreas/ Regional Centers and Pilot Programs	C	C	C	C	C

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: BULLETIN VISA 2013

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: BULLETIN VISA 2013: Posted by NYC Attorney Norka M. Schell Law Office of Norka M. Schell, LLC-11 Broadway, Suite 615, New York, NY 10004- Tel. (212)564-1589 We...

BULLETIN VISA DECEMBER 2013

Posted by NYC Attorney Norka M. Schell
Law Office of Norka M. Schell, LLC-11 Broadway, Suite 615, New York, NY 10004- Tel. (212)564-1589 Website www.lawschell.com


FAMILY-BASED CATEGORY

Family-Sponsored	All Chargeability Areas Except Those Listed	CHINA-mainland born	INDIA	MEXICO	PHILIPPINES
F1	15NOV06	15NOV06	15NOV06	22SEP93	01JUL01
F2A	08SEP13	08SEP13	08SEP13	01SEP13	08SEP13
F2B	01MAY06	01MAY06	01MAY06	01APR94	22MAR03
F3	08MAR03	08MAR03	08MAR03	01JUN93	22JAN93
F4	08SEP01	08SEP01	08SEP01	22OCT96	01JUN90

EMPLOYMENT-BASED CATEGORY

Employment- Based	All Chargeability Areas Except Those Listed	China - mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	08NOV08	15NOV04	C	C
3rd	01OCT11	01OCT11	01SEP03	01OCT11	08JAN07
Other Workers	01OCT11	01OCT11	01SEP03	01OCT11	08JAN07
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th Targeted EmploymentAreas/ Regional Centers and Pilot Programs	C	C	C	C	C

Trusted Traveler Program Denials

Posted by Norka M. Schell, NYC Business Immigration Lawyer
Law Offices of Norka M. Schell, LLC
www.lawschell.com

To qualify for one of the U.S. Customs and Border Protection (CBP) Trusted Traveler Programs, all applicants must voluntarily undergo a thorough background check against criminal, law enforcement, customs, immigration, agriculture, and terrorist indices to include biometric fingerprint checks, and a personal interview with a CBP Officer.

 

In the event you are denied or revoked from the SENTRI, NEXUS, FAST or Global Entry programs, you will be provided information in writing detailing the reason for this action.

Individuals who feel that their trusted traveler application was denied due to inaccurate or incomplete information may provide additional documentation to the CBP Trusted Traveler Ombudsman and request reconsideration. Additional information should be sent to the CBP Trusted Traveler Ombudsman at:

 

U.S. Customs and Border Protection
P.O. Box 946
Williston, VT 05495
Attention: CBP Ombudsman

Calls to the Enrollment Centers or correspondence to the Trusted Traveler Ombudsman should contain supporting information that can demonstrate the denial or revocation was based on inaccurate information. 

Having a criminal record or past violation of CBP laws/regulations/policies may render you ineligible for participation in the NEXUS, SENTRI, and Global Entry programs. 

For more information about the Trusted Traveler Program Denials, visit www.cbp.gov.
 

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: USCIS REPORTS THAT A HALF MILLION COMPANIES PARTIC...

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: USCIS REPORTS THAT A HALF MILLION COMPANIES PARTIC...: Posted by Norka M. Schell, NYC Business Immigration Attorney Law Offices of Norka M. Schell, LLC Tel. (212)564-1589 www.lawschell.com R...

USCIS REPORTS THAT A HALF MILLION COMPANIES PARTICIPATE IN E-VERIFY

Posted by Norka M. Schell, NYC Business Immigration Attorney
Law Offices of Norka M. Schell, LLC
Tel. (212)564-1589
www.lawschell.com

Release Date: January 23, 2014

WASHINGTON - More than 500,000 companies now use E-Verify, the free online service that allows United States employers to confirm their new employees’ eligibility to work. "Since it was established, E-Verify has experienced exponential growth, increased accuracy and high customer-satisfaction ratings," said Lori Scialabba, Acting Director of U.S. Citizenship and Immigration Services (USCIS). "Participation in E-Verify is largely voluntary, so the fact that half a million companies have signed up demonstrates significant confidence in the program.

Employers using E-Verify find it helps them maintain a legal workforce in a quick, secure and accurate way." Employers who use E-Verify receive a response on an employee’s work authorization status within seconds. 98.8 percent of work-authorized employees are automatically confirmed instantly or within 24 hours, requiring no further employee or employer action. Users gave E-Verify a score of 86 out of 100 on the 2012 American Customer Satisfaction Index (ACSI) survey. The average score for all government agencies was 67. USCIS has worked over the years to strengthen the system’s integrity. These efforts have led to E-Verify agreements with select states' departments of motor vehicles to ensure the authenticity of driver's licenses that employees use as identity documents; the introduction of Self Check, which allows workers to look up their own employment eligibility status and correct their records before they seek employment; and a program that combats identity fraud by locking Social Security numbers suspected of being misused for employment eligibility verification.
E-Verify has experienced significant growth since its establishment in 1996. Annual enrollments increased tenfold during the program’s first 16 years, from 11,474 in fiscal year (FY) 1996 to 111,671 in FY 2012. During FY 2013, employers used E-Verify more than 25 million times.

To commemorate the half-million-participant milestone, USCIS has released "E-Verify for Business Leaders ," a new video that introduces the program’s benefits to prospective users. USCIS has also launched an updated E-Verify website that has more plain-language content and easy-to-follow graphics. The site's new E-Verify History and Milestones page shows the program’s advances through the years.

Contact us at (212)564-1589 for information on the E-Verify Program or visit www.uscis.gov/E-Verify.

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: Making the Case for Comprehensive Immigration Refo...

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: Making the Case for Comprehensive Immigration Refo...: Posted By Attorney Norka M. Schell Law Offices of Norka M. Schell, LLC Tel. (212)564-1589 www.lawschell.com Reform of the permanent...

Making the Case for Comprehensive Immigration Reform in 2014

Posted By Attorney Norka M. Schell

Law Offices of Norka M. Schell, LLC

Tel. (212)564-1589

www.lawschell.com

Reform of the permanent employment-based visa program in 2014 is urgently needed in order for U.S. employers to hire the foreign talent necessary for the American economy to strive and compete in the global economy.There simply are not enough American workers available to meet U.S. employer demands for high-skilled labor in this country. Over half of all science, technology, engineering, and mathematics graduates of American universities are foreign born. Our current system, however, forces most of these graduates to leave the U.S. and apply their valuable skills in other countries, a scenario that is beneficial to all but the United States. Needless to say,foreign countries are not complaining, but are instead poised to take advantage in their increasingly successful attempts to surpass us. Simply put, Congress must pass immigration reform in 2014, so the United States does not lose the competitive economy edge that generations of Americans have worked so hard to achieve. 

 

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: VISA BULLETIN FOR JANUARY 2014

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: VISA BULLETIN FOR JANUARY 2014: Posted by Norka M. Schell, Esquire Law Offices of Norka M. Schell, LLC Phone: (212)564-1589 Website: www.lawschell.com HAPPY 2014! ...

VISA BULLETIN FOR JANUARY 2014

Posted by Norka M. Schell, Esquire
Law Offices of Norka M. Schell, LLC
Phone: (212)564-1589
Website: www.lawschell.com

HAPPY 2014!

FAMILY-SPONSORED UPDATE

Family-Sponsored	All Charge -ability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
F1	08DEC06	08DEC06	08DEC06	22SEP93	01JUL01
F2A	08SEP13	08SEP13	08SEP13	01SEP13	08SEP13
F2B	01JUN06	01JUN06	01JUN06	01APR94	01MAY03
F3	15APR03	15APR03	15APR03	01JUN93	01FEB93
F4	01OCT01	01OCT01	01OCT01	01NOV96	01JUL90

EMPLOYMENT-BASED UPDATE

Employment- Based	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	08DEC08	15NOV04	C	C
3rd	01APR12	01APR12	01SEP03	01APR12	15FEB07
Other Workers	01APR12	01APR12	01SEP03	01APR12	15FEB07
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th Targeted EmploymentAreas/ Regional Centers and Pilot Programs	C	C	C	C	C

DUTY-FREE EXEMPTIONS

Posted by Attorney Norka Schell

Law Offices of Norka M. Schell, LLCTel. (212)564-1589
Website: www.lawschell.com

While you are planning your holidays trip to another, here is some information on Duty-Free Exemption which you should remember.

 

Duty-Free Exemption also called the personal exemption, is the total value of merchandise you may bring back to the United States without having to pay duty. You may bring back more than your exemption, but you will have to pay duty on it. In most cases, the personal exemption is $800.00, but there are some exemptions to this rule.

 

Depending on the countries you visited, your personal exemption will be $200.00; $800.00; or $1,600.00.  There are limits on the amount of alcoholic beverages, cigarettes, cigars, and other tobacco products you may include in your duty-free personal exemption.  

 

Duty-Free Exemptions ($200.00; $800.00; $1,600.00) apply if (a) the items are for personal or household use or intend to be given as gifts; (b) they are in your possession, that is, they accompany you when you return to the United States. Items to be sent later may not be included in your $800.00 duty-free exemption; (c) they are declare to Customs Border Protection (CBP). If you do not declare something that should have been declared, you risk forfeiting it. In in doubt, declare it. (d) you have not used all of your exemption allowance, or used any part of it, in the past 30 days; (e) the items are not prohibited or restricted. Note the embargo prohibition on products from Cuba.

 

Final note. Family members who live in the same home and return together to the United States may combine their personal exemptions. Children and infants are allowed  the same exemption as adults, except for alcoholic beverages and tobacco products.  

 

BIRTH ABROAD OF A U.S. CITIZEN

Posted by Attorney Norka Scheell

Law Offices of Norka M Schell, LLC

Phone: (212)564-1589

 

Birth Abroad of a U.S. Citizen

Most children born abroad to a U.S. citizen parent or parents acquire U.S. citizenship at birth.  As soon as possible after the birth, the U.S. citizen parent should contact the nearest U.S.  Embassy or Consulate.  If the consul determines that the child has acquired U.S. citizenship, a consular officer prepares a Consular Report of Birth Abroad of a Citizen of the United States of America (Form FS-240).  This document is recognized in the United States as proof of acquisition of U.S. citizenship, and it is acceptable evidence of citizenship for obtaining a passport, entering school, and most other purposes.  Failure to document a child promptly as a U.S. citizen may cause hardship for the parents or child later on when attempting to obtain a passport or register for school. 

Religious Discrimination Lawsuit Settled

PRESS RELEASE
11-18-13

 

Albuquerque Hotel Refused Muslim Woman's Request to Wear Head Scarf, Federal Agency Charged

ALBUQUERQUE, N.M. - 704 HTL Operating, LLC and Investment Corporation of America, doing business as MCM Elegante Hotel in Albuquerque, has agreed to settle a religious discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) for $100,000 and other relief, the agency announced today.

The settlement resolves an EEOC lawsuit filed on Sept. 21, 2011, EEOC v. 704 HTL Operating, LLC, and Investment Corporation of America, d/b/a MCM Elegante, 11-cv-00845 JCH/LFG, for alleged religious discrimination against Safia Abdullah, who was hired for a housekeeping position at the hotel. The EEOC's lawsuit charged that this employer would not allow Abdullah to work unless she removed her religious head covering, and fired her when she declined to do so.

Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which makes it unlawful to refuse to hire or discharge any applicant or employee because of religion or religious practices including requesting religious accommodation. The law further provides that employers have a duty to provide reasonable accommodation for sincerely held religious beliefs and practices of applicants and employees, unless doing so would cause an undue hardship. Such accommodations, for example, may include allowing individuals to wear religious clothing or take time off for religious observances.

The EEOC filed suit in U.S. District Court for the District of New Mexico after first attempting to reach a pre-litigation voluntary settlement through its conciliation process. The case was set for trial to commence on Dec. 2, 2013.

In addition to monetary relief for Ms. Abdullah, the consent decree settling the suit provides for other important relief, including an injunction prohibiting future discriminatory practices; institution of policies and procedures to address religious discrimination and retaliation; training for employees of MCM, and managers and human resource officials of both defendants on religious discrimination; and posting a notice advising employees of their rights under Title VII.

"Employers should be aware that they have a duty to provide reasonable accommodation to employees' religious beliefs and practices," said Regional Attorney Mary Jo O'Neill of the EEOC's Phoenix District Office, which has jurisdiction over Arizona, Colorado, Wyoming, New Mexico and Utah. "Wearing a religious head covering is a common religious practice which employers can usually accommodate without any undue hardship."

EEOC Area Director Derick Newton of the Commission's Albuquerque office said, "Religious discrimination continues to be a high priority for the EEOC, and we take this issue very seriously."

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.

RUIZ-IBANEZ v. HOLDER

Posted by Attorney Norka M. Schell
Law Offices of Norka M. Schell
Tel. (212))564-1589

Petitioner Raul Ruiz-Ibanez, an alien who was admitted to the United States on July 13, 1982, with IR2 immigration status (Immediate Relative - Unmarried Child Under 21 Years of Age of a United States Citizen). He was under a final order of removal from the United States, because he pleaded  guilty of a felony without knowing of the immigration consequences in his immigration status. He filed  a petition for a writ of habeas corpus pursuant to 28 U.S.C. sec. 224 seeking release from detention in the custody  of United States Department of Homeland Security, Immigration and Customs Enforcement ("DHS"), pending the execution of a final immigration order of removal.

'On November 6, 2013, the New York Supreme Court, Appellant Division ruled that due process compels state court judges to warn defendants in criminal proceedings who are not U.S. citizens that pleading guilty to a felony may result in their deportation. The court found that “deportation is a plea consequence of such tremendous importance, grave impact and frequent occurrence that a defendant is entitled to notice. Due process compels a trial court to apprise a defendant that, if the defendant is not an American citizen, he or she may be deported as a consequence of a guilty plea to a felony.” The court partially overruled the 1995 case of People v. Ford , which held that a court’s failure to advise a defendant of the possibility of deportation never affects the validity of a guilty plea.

When Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) in 1996, many more minor crimes became grounds for automatic deportation. Moreover, Congress largely stripped prosecutors of the discretionary ability to prevent the deportation of noncitizens who pled guilty to such crimes, making deportation “practically inevitable,” regardless of whether people have been here legally for many years, have U.S. citizen family members or children, or make significant contributions to their communities. Many immigrants, both documented and undocumented, who are deported due to criminal convictions have pled guilty, often without advice about the immigration consequences or any legal representation at all."

National Class Action Lawsuit on Work Authorization for Asylum Seekers.

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: THE NATIONAL CLASS ACTION LAWSUIT ON WORK AUTHORIZ...: For Immediate Release Posted by Immigration Attorney Norka Schell Federal Judge Approves Settlement Agreement in National Class...

THE NATIONAL CLASS ACTION LAWSUIT ON WORK AUTHORIZATION FOR ASYLUM SEEKERS IS FINALLY APPROVED!

For Immediate Release

Posted by Immigration Attorney Norka Schell

Federal Judge Approves Settlement Agreement in National Class Action Lawsuit on
Work Authorization for Asylum Seekers

November 5, 2013

Washington, D.C. – On Monday, November 4, U.S. District Court Judge Richard Jones ordered the final approval of a nationwide class action settlement agreement. The settlement will help ensure that asylum seekers, who have fled persecution in their home countries, are not unlawfully prevented from working and supporting their families while the government adjudicates their cases. The changes will commence on December 3, 2013.
The agreement stems from a case filed in December 2011 by the American Immigration Council and the Northwest Immigrant Rights Project (NWIRP), with co-counsel from the Seattle law firm Gibbs Houston Pauw and the Massachusetts Law Reform Institute. The complaint challenged widespread problems with the “asylum clock”—the system government agencies use to determine when immigrants who have applied for asylum may obtain permission to work lawfully in the United States.

The case, filed on behalf of asylum seekers around the country, alleged that the current system unlawfully denies asylum applicants the opportunity to obtain employment authorization if their asylum applications have been pending for six months or more. Some end up waiting several months or years for the government to make a decision on their asylum applications. Indeed, one plaintiff from China had been waiting nearly 10 years for his case to be resolved.

“Under the settlement agreement, the process for getting work permits will be more transparent and fair, and the government will be more accountable for errors in determining asylum seekers’ eligibility for work authorization,” according to Mary Kenney, Senior Staff Attorney with the American Immigration Council.
“We are very excited that after the Court’s order, we are only four weeks away from changes that will help thousands of asylum seekers, people who were placed in desperate circumstances, unable to seek employment to support themselves and their families while waiting for their asylum applications to be resolved,” said Chris Strawn, director of the asylum unit at NWIRP.

Among the benefits of the settlement: asylum seekers with Immigration Court cases may now present their asylum applications to the Court immediately, without having to wait months for an initial hearing before an Immigration Judge; certain asylum seekers whose cases have been pending on appeal will now be able to obtain work authorization when the Board of Immigration Appeals remands their cases to an Immigration Judge; asylum seekers and their attorneys will be provided with more effective notice so that they do not inadvertently accept hearing dates which preclude work authorization.

The successful conclusion of this lawsuit will bring clarity and accountability to a problem that has plagued the asylum process for decades and has impacted thousands of immigrants trapped in a cycle of delay and denial of the right to work.

For more information about the settlement, please contact my offices at (212)564-1589 or visit my website at www.lawschell.com 

Government Shutdown and Immigration Courts

Despite of the government shutdown, immigration courts nationwide are continuing to adjudicate detained cases. Court functions that support the detained caseload will continue, but other functions are suspended.

During the government shutdown, the Office of the Chief Administrative Hearing Officer will maintain its ability to issue subpoenas and accept for filing any complaints that must be filed to comply with statutory deadlines.

#IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: VISA BULLETIN FOR OCTOBER 2013

#IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: VISA BULLETIN FOR OCTOBER 2013: FAMILY-SPONSORED PREFERENCES Family-Sponsored All Charge-ability Areas Except Those Listed CHINA- mainland born INDIA MEXICO PHI...

VISA BULLETIN FOR OCTOBER 2013

FAMILY-SPONSORED PREFERENCES

Family-Sponsored	All Charge-ability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
F1	01OCT06	01OCT06	01OCT06	22SEP93	01JUN01
F2A	08SEP13	08SEP13	08SEP13	01SEP13	08SEP13
F2B	01MAR06	01MAR06	01MAR06	08MAR94	08FEB03
F3	22JAN03	22JAN03	22JAN03	22MAY93	01JAN93
F4	08AUG01	08AUG01	08AUG01	15OCT96	22MAR90

EMPLOYMENT-SPONSORED PREFERENCES

Employment- Based	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	15SEP08	15JUN08	C	C
3rd	01JUL10	01JUL10	22SEP03	01JUL10	15DEC06
Other Workers	01JUL10	22SEP04	22SEP03	01JUL10	15DEC06
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th Targeted Employment Areas/ Regional Centers and Pilot Programs	C	C	C	C	C

USCIS APPROVED 10,000 U-VISAS FOR VICTIMS OF CRIME

Posted by Norka M. Schell, NYC Immigration Lawyer

  FOR IMMEDIATE RELEASE

 United States Citizen and Immigration Services said on his website "Each year 10,000 visas are available for victims of crime who have suffered substantial mental or physical abuse and are willing to help law enforcement authorities to investigate or prosecute those crimes. The U-Visa requires certification of assistance from law enforcement.

 The U-Visa program was created by Congress to strengthen the law enforcement community is ability to investigate and prosecute cases of domestic violence, sexual assault, human trafficking, and other crimes while offering protection to victims. More than 76,000 victims and their family members have received U-visa since the program was implemented.

 USCIS will continue to accept U-Visa petitions and process them in order in which they are received. USCIS will resume issuing U Visa on October 1, 2013, the first day of fiscal year 2014 and is when visas will be available again." See www.uscis.gov

 For information on U-Visa, please give us a call at (212)564-1589 or visit our website at www.lawschell.com

FACILITATING PARENTAL INTERESTS IN THE COURSE OF CIVIL IMMIGRATION ENFORCEMENT

Posted by NYC Immigration Lawyer Norka M. Schell
Law Offices of Norka M. Schell, LLC
Tel. (212) 564-1589
Website: www.lawschell.com


A removal proceeding is an immigration court hearing to determine whether a non-citizen will be removed from the United States. Under the immigration laws, all persons who are not citizens of the United States may be removed from this country if she falls within one of the grounds of inadmissibility or deportability contained in the Immigration and Nationality Act. Even lawful permanent residents may lose their residency status and be removed from the United States if they violate certain immigration law provisions. 

On August 23, 2013, the Obama Administration issued an administrative Directive for the U.S. Immigration and Customs Enforcement (ICE) officers which will facilitate parental interests in the course of civil immigration enforcement activities. 

The Directive establishes ICE policy and procedures to address the placement, monitoring, accommodations, and removal of certain alien parents. The Directive is particularly concerned with the placement, monitoring, accommodation, and removal of alien parents or legal guardians who are: 

1. primary caretakers of minor children without regard to the dependent's citizenship;

2. parent and legal guardians who have a direct interest in family court involving a minor or child welfare proceedings in the United States; and 

3. parents or legal guardians whose minor children are U.S. citizens or lawful permanent residents. 

The Directive is intended to complement the immigration enforcement priorities and prosecutorial discretion previously issued, as well as other related detention standards and policies that govern the intake, detention, and removal of alien parents. The security and safety of any ICE employee, detainee, ICE detention staff or member of the public will be paramount in the exercise of the procedures and requirements of this Directive. 

ICE personnel is advised to ensure that the agency's immigration enforcement activities do not unnecessarily disrupt the parent rights of both alien parents or legal guardians of minor children. Particular attention should be paid to immigration enforcement activities involving: 

1. parents or legal guardians who are primary caretakers; 

2. parents or legal guardians who have a direct interest in family court or child welfare proceedings;

3. parents or legal guardians whose minor children are physically present in the United States and are U.S. citizens or lawful permanent residents.  

ICE will maintain a comprehensive process for identifying, placing, monitoring, accommodating, and removing alien parents or legal guardians of minor children while safeguarding their parental rights.

The Field Office Directors (FODs) is specifically advised to continue to weigh whether an exercise of prosecutorial discretion may be warranted for a given alien and shall consider all relevant factors in this determination, including whether the alien is a parent or legal guardian of a U.S. citizen or lawful permanent resident minor, or is a primary caretaker of a minor.  While the FODs may exercise prosecutorial discretion at any stage of an enforcement proceeding, it is general preferable to exercise such discretion as early in the case or proceeding as possible. 

The identification whether an alien is a parent or legal guardian may be sought at any time during the alien's arrest, processing or identification. If an alien is found to be a parent or legal guardian of a U.S. citizen or legal permanent resident minor, or a primary caretaker of a minor, the FODs should reevaluate any custody determination for the alien to the extent permitted by the law in accordance with the existing ICE policy. 

This Directive could help help the thousands of children of undocumented immigrants who are in adult detention facilities while their parents undergo deportation proceedings. 

If you are facing removal proceedings and would like to consult with us about your relief from removal or any immigration matter, please call our Manhattan immigration office at (212) 564-1589 to schedule you personal consultation with our Immigration Lawyers.

VISA BULLETIN FOR SEPTEMBER 2013

Posted by NYC Business Immigration Lawyer Norka M. Schell
Law Offices of Norka M. Schell, LLC
Tel. (212)564-1589
Website: www.lawschell.com


FAMILY-BASED PREFERENCES

Family-Sponsored	All Charge-ability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
F1	15SEP06	15SEP06	15SEP06	08SEP93	08MAY01
F2A	C	C	C	C	C
F2B	15FEB06	15FEB06	15FEB06	22FEB94	22JAN03
F3	22JAN03	22JAN03	22JAN03	15MAY93	22DEC92
F4	22JUL01	22JUL01	22JUL01	08OCT96	15FEB90

EMPLOYMENT-BASED PREFERENCES

Employment- Based	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	08AUG08	15JUN08	C	C
3rd	01JUL10	01JUL10	22SEP03	01JUL10	01DEC06
Other Workers	01JUL10	15JUN04	22SEP03	01JUL10	01DEC06
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th Targeted EmploymentAreas/ Regional Centers and Pilot Programs	C	C	C	C	C

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: EMPLOYERS WHO UNLAWFULLY HIRE UNAUTHORIZED ALIENS ...

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: EMPLOYERS WHO UNLAWFULLY HIRE UNAUTHORIZED ALIENS ...: By  NYC Business Immigration Lawyer Norka M. Schell       Law Offices of Norka M. Schell, LLC      Tel. (212)564-1589              ...

State-by-State Reports: The Economic Benefits of Fixing Our Broken Immigration System | The White House

Posted by NYC Business Immigration Lawyer News

State-by-State Reports: The Economic Benefits of Fixing Our Broken Immigration System | The White House