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.
July 24, 2015
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: VISA BULLETIN FOR AUGUST 2015
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: VISA BULLETIN FOR AUGUST 2015: LAW OFFICES OF NORKA M. SCHELL BLOG 11 Broadway, Suite 615 New York, NY 10004 Tel. (212)564-1589 / (973)621-9300 Website: w...
VISA BULLETIN FOR AUGUST 2015
LAW OFFICES OF NORKA M. SCHELL BLOG
11 Broadway, Suite 615
New York, NY 10004
Tel. (212)564-1589 / (973)621-9300
Website: www.lawschell.com
FAMILY-SPONSORED PREFERENCES
| Family-Sponsored | All Chargeability Areas Except Those Listed | CHINA-mainland born | INDIA | MEXICO | PHILIPPINES |
| F1 | 01NOV07 | 01NOV07 | 01NOV07 | 15NOV94 | 15MAR00 |
| F2A | 15DEC13 | 15DEC13 | 15DEC13 | 01NOV13 | 15DEC13 |
| F2B | 15NOV08 | 15NOV08 | 15NOV08 | 08APR95 | 22MAY04 |
| F3 | 08APR04 | 08APR04 | 08APR04 | 22APR94 | 22AUG93 |
| F4 | 01DEC02 | 01DEC02 | 01DEC02 | 01MAR97 | 15JAN92 |
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 | 15DEC13 | 01OCT08 | C | C |
| 3rd | 15JUL15 | 01JUN04 | 01JUN04 | 15JUL15 | 01JUN04 |
| Other Workers | 15JUL15 | 01JAN04 | 01JUN04 | 15JUL15 | 01JUN04 |
| 4th | C | C | C | C | C |
| Certain Religious Workers | C | C | C | C | C |
5th
Targeted EmploymentAreas/ Regional Centers and Pilot Programs | C | 01SEP13 | C | C | C |
July 18, 2015
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: THE REASONS FOR EXPANDING THE VISA WAIVER PROGRAM
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: THE REASONS FOR EXPANDING THE VISA WAIVER PROGRAM: LAW OFFICES OF NORKA M. SCHELL BLOG 11 Broadway, Suite 615 New York, NY 10004 Tel. (212)564-1589/ (973)621-9300 Website: www...
THE REASONS FOR EXPANDING THE VISA WAIVER PROGRAM
LAW OFFICES OF NORKA M. SCHELL BLOG
11 Broadway, Suite 615
New York, NY 10004
Tel. (212)564-1589/ (973)621-9300
Website: www.lawschell.com
WHY EXPAND THE VISA WAIVER PROGRAM:
VWP increases international visitation to the United States. Extending the Visa Waiver Program to strong candidates such as Brazil, Poland, Israel, Croatia and other select countries would:
Add 1 million additional visitors to the United States;
Add nearly $10 billion to the U.S. economy; and
Support nearly 60,000 additional American jobs.
Expansion will help local communities. Inbound international travel to the United States is America’s number one service export. Overseas visitors — i.e., international visitors other than those from our next-door neighbors Canada and Mexico — spend an average of nearly $4,500 per trip and generate tax revenue in communities across America without burdening local services, such as public schools and fire departments.
Expansion will support American jobs and economic growth.
International visitors:
Support 1.2 million American jobs, and
Add $180.7 billion annually to the U.S. economy.
Expansion will enhance U.S. security. Visa-free travelers to the United States are pre-screened and pre-approved for entry, resulting in enhanced border security and a more secure customs and entry process.
Expansion does not increase risk of overstay. The overwhelming majority of visa applicants from Brazil and other countries under consideration for Visa Waiver eligibility abide by the terms of their visas, and there is no reason to believe that VWP expansion would change that.
VWP is working. Expanding the program would increase its benefits. Visitors from 38 countries currently enjoy secure, visa-free entry into the United States. Updating the VWP eligibility requirements to allow visa-free entry for more travelers from countries closely allied to the United States, including Poland, Israel and Brazil, would boost U.S. economic growth and job creation.*1
---------------------------------
1. See U.S. Travel Association Global Entry available at https://www.ustravel.org/government-affairs/international-policy-issues; Electronic System for Travel Authorization available at http://www.cbp.gov/travel/international-visitors/esta
July 13, 2015
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: LAW OFFICES OF NORKA M. SCHELL BLOG11 Broadway, S...
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: LAW OFFICES OF NORKA M. SCHELL BLOG
11 Broadway, S...: LAW OFFICES OF NORKA M. SCHELL BLOG 11 Broadway, Suite 615 New York, New York 10004 Tel. (212)564-1589 Website: www.lawschell.com...
11 Broadway, S...: LAW OFFICES OF NORKA M. SCHELL BLOG 11 Broadway, Suite 615 New York, New York 10004 Tel. (212)564-1589 Website: www.lawschell.com...
LAW OFFICES OF NORKA M. SCHELL BLOG
11 Broadway, Suite 615
New York, New York 10004
Tel. (212)564-1589
Website: www.lawschell.com
Here is the Department of State summary of the availability of the immigrant numbers during the August 2015.
FAMILY SPONSORED PREFERENCES
| Family-Sponsored | All Chargeability Areas Except Those Listed | CHINA-mainland born | INDIA | MEXICO | PHILIPPINES |
| F1 | 01NOV07 | 01NOV07 | 01NOV07 | 15NOV94 | 15MAR00 |
| F2A | 15DEC13 | 15DEC13 | 15DEC13 | 01NOV13 | 15DEC13 |
| F2B | 15NOV08 | 15NOV08 | 15NOV08 | 08APR95 | 22MAY04 |
| F3 | 08APR04 | 08APR04 | 08APR04 | 22APR94 | 22AUG93 |
| F4 | 01DEC02 | 01DEC02 | 01DEC02 | 01MAR97 | 15JAN92 |
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 | 15DEC13 | 01OCT08 | C | C |
| 3rd | 15JUL15 | 01JUN04 | 01JUN04 | 15JUL15 | 01JUN04 |
| Other Workers | 15JUL15 | 01JAN04 | 01JUN04 | 15JUL15 | 01JUN04 |
| 4th | C | C | C | C | C |
| Certain Religious Workers | C | C | C | C | C |
5th
Targeted EmploymentAreas/ Regional Centers and Pilot Programs | C | 01SEP13 | C | C | C |
July 5, 2015
Matter of Alcibiades Antonio PENA, Respondent
Decided June 16, 2015 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals
An alien returning to the United States who has been granted lawful permanent resident status cannot be regarded as seeking an admission and may not be charged with inadmissibility under section 212(a) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a) (2012), if he or she does not fall within any of the exceptions in section 101(a)(13)(C) of the Act, 8 U.S.C. § 1101(a)(13)(C) (2012). Matter of Koloamatangi, 23 I&N Dec. 548 (BIA 2003), distinguished.
VISA VALIDITY
LAW OFFICES OF NORKA M. SCHELL'S BLOG
11 Broadway, Suite 615
New York, New York 10004
Tel. (212)564-1589
Website: www.lawschell.com
No. If your visa is still valid you can travel to the United States with your two passports, as long as the visa is valid, not damaged, and is the appropriate type of visa required for your principal purpose of travel. (Example: tourist visa, when your principal purpose of travel is tourism). Both passports (the valid and the expired one with the visa) should be from the same country and type (Example: both Uruguayan regular passports, both official passports, etc.). When you arrive at the U.S. port-of-entry (POE, generally an airport or land border) the Customs and Border Protection Immigration Officer will check your visa in the old passport and if s/he decides to admit you into the United States they will stamp your new passport with an admission stamp along with the annotation "VIOPP" (visa in other passport). Do not try to remove the visa from your old passport and stick it into the new valid passport. If you do so, your visa will no longer be valid.
June 19, 2015
Kerry v Din - Supreme Court Decision
Din petitioned to have her husband, Berashk, a resident citizen of Afghanistan and former civil servant in the Taliban regime, classified as an “immediate relative” entitled to priority immigration status. Din’s petition was approved, but Berashk’s visa application was ultimately denied. A consular officer informed Berashk that he was inadmissible under 8 U.S.C. 1182(a)(3)(B), which excludes aliens who have engaged in “[t]errorist activities,” but provided no further information. Unable to obtain a more detailed explanation, Din filed suit. The district court dismissed her complaint. The Ninth Circuit reversed, holding that Din had a protected liberty interest in her marriage that entitled her to review of the denial of Berashk’s visa and that the government deprived her of that liberty interest without due process when it denied Berashk’s visa application without providing a more detailed explanation of its reasons. The Supreme Court vacated and remanded, with Justices Roberts, Scalia, and Thomas concluding that the government did not deprive Din of any constitutional right entitling her to due process of law. Justices Kennedy and Alito found no need to decide whether Din had a protected liberty interest, because, even assuming she did, the notice she received satisfied due process.
Date of this Opinion: June 15, 2015
June 13, 2015
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: VISA BULLETIN FOR JULY 2015 UPDATE
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: VISA BULLETIN FOR JULY 2015 UPDATE: LAW OFFICES OF NORKA M. SCHELL'S BLOG 11 Broadway, Suite 615 New York, New York 10004 Tel. (212)564-1589 Website: www.la...
VISA BULLETIN FOR JULY 2015 UPDATE
LAW OFFICES OF NORKA M. SCHELL'S BLOG
11 Broadway, Suite 615
New York, New York 10004
Tel. (212)564-1589
Website: www.lawschell.com
The following is the summary of the visas numbers available for July 2015.
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.
On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are available for all qualified applicants; and "U" means unavailable, i.e., no numbers are available. (NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)
| Family-Sponsored | All Chargeability Areas Except Those Listed | CHINA-mainland born | INDIA | MEXICO | PHILIPPINES |
| F1 | 01OCT07 | 01OCT07 | 01OCT07 | 15NOV94 | 15MAR00 |
| F2A | 08NOV13 | 08NOV13 | 08NOV13 | 15SEP13 | 08NOV13 |
| F2B | 15OCT08 | 15OCT08 | 15OCT08 | 08APR95 | 15MAY04 |
| F3 | 15MAR04 | 15MAR04 | 15MAR04 | 22APR94 | 22AUG93 |
| F4 | 22OCT02 | 22OCT02 | 22OCT02 | 01MAR97 | 08DEC91 |
NOTE: For July, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 15SEP13. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 15SEP13 and earlier than 08NOV13. (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)
5. Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows:
EMPLOYMENT-BASED PREFERENCES
First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.
Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "*Other Workers".
Fourth: Certain Special Immigrants: 7.1% of the worldwide level.
Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of Pub. L. 102-395.
On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are available for all qualified applicants; and "U" means unavailable, i.e., no numbers are available. (NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)
| Employment- Based |
All Chargeability Areas Except Those Listed
| CHINA - mainland born | INDIA | MEXICO | PHILIPPINES |
| 1st | C | C | C | C | C |
| 2nd | C | 01OCT13 | 01OCT08 | C | C |
| 3rd | 01APR15 | 01SEP11 | 01FEB04 | 01APR15 | U |
| Other Workers | 01APR15 | 01JAN06 | 01FEB04 | 01APR15 | U |
| 4th | C | C | C | C | C |
| Certain Religious Workers | C | C | C | C | C |
5th
Targeted EmploymentAreas/ Regional Centers and Pilot Programs | C | 01SEP13 | C | C | C |
U.S. Department of State June 9, 2015
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