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October 14, 2014

U.S. VISA BULLETIN FOR NOVEMBER 2014 UPDATE

OFFICES OF NORKA M. SCHELL'S BLOG
Website: www.lawschelll.com
 Tel. (212)564-1589 



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October 2, 2014

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: U.S. VISA BULLETIN FOR OCTOBER 2014 UPDATE

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: U.S. VISA BULLETIN FOR OCTOBER 2014 UPDATE: Offices of Norka M. Schell's Blog  Website:  www.lawschell.com Tel. (212)564-1589 FAMILY-BASED PREFERENCES Family-Sponsore...

U.S. VISA BULLETIN FOR OCTOBER 2014 UPDATE

Offices of Norka M. Schell's Blog 
Tel. (212)564-1589


FAMILY-BASED PREFERENCES
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CHINA - mainland bornINDIAMEXICOPHILIPPINES
1stCCCCC
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3rd01OCT1101APR0915NOV0301OCT1101OCT11
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September 30, 2014

OUR ECONOMY NEEDS HUMAN CAPITAL


Offices of Norka M. Schell's Blog 
Tel. (212)564-1589


Posted by Norka M. Schell, Esq.

Labor Force - in the short run, economic activity determined by demand the degree to which people consume, business invest and government tax and spend.

In the long run, however, economic activity is driven by the supply of resources, and the most critical resource turns out to be human capital. 

The capacity of any economy to expand ever time is a function of growth in the labor force plus the productivity of that labor force. 

Our economy needs human capital, whether we grow it at home or welcome it from abroad. What is happening on our southern borders is humanitarian crises at present, but could become a chronic economic crisis if we don't create a solution that provide a path to citizenship for the men, women and children who are risking their lives to come to this country. 

*This article was extract from The Unsung Economics of Immigration at Forbes.

September 18, 2014

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: PERMISSION TO REAPPLY FOR ADMISSION

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: PERMISSION TO REAPPLY FOR ADMISSION: By Norka M. Schell, Immigration Lawyer Law Offices of Norka M. Schell, LLC Tel. (212)564-1589 Website:  www.lawschell.com Congress impo...

PERMISSION TO REAPPLY FOR ADMISSION

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

Congress imposed harsh restrictions on the re-entry of foreign nationals who have been previously removed with passage of the Illegal Immigration Reform and Immigration Responsibility Act of 1996 (IllRAIR). The Sections 212(a)(9)(A)(i) and (ii) of the Immigration and Nationality Act, as added by IIRAIRA provide that aliens who have been ordered removed may not be readmitted to the United States until they have remained outside the country for a specific period of time: (a) five years or individuals removed through summary exclusion or through removal proceedings initiated upon the person's arrival in the United States; (b) 10 years for those otherwise ordered removed after a deportation hearing or who departed the United States while an order of removal was outstanding; and (c) 20 years for a second or subsequent removal. The bar to readmission is permanent for foreign nationals convicted of an felony. Foreign nationals who wish to return to the United States prior to the passage of required amount of time, as specified in the regulations, must request for a permission to reapply for early admission.

U.S. Citizenship and Immigration Services (USCIS) has broad discretionary authority when it come to evaluating requests for permission to reapply.

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: ALTERNATIVES TO DETENTION

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: ALTERNATIVES TO DETENTION: By Norka M. Schell Law Offices of Norka M. Schell, LLC Tel. (212)564-1589 Website:  www.lawschell.com The government needs to eli...

ALTERNATIVES TO DETENTION

By Norka M. Schell
Law Offices of Norka M. Schell, LLC
Tel. (212)564-1589


The government needs to eliminate mandatory detention except for serious offenders. 

Each year mandatory detention results in the jailing of tens of thousands of people who pose no danger to their communities and are not a flight risk. Feeding this detention system is the mandatory provision of Illegal Immigration Reform and Immigration Responsibility Act of 1996 (IIRAIRA), requiring that most people in deportation proceedings, based on their past offenses, no matter how remote in time, are held in custody, even if they are non-violent and the criminal system has determined they are not a risk to the community. Such a system cannot differentiate between a terrorist and a single mother of U.S. children or a green card holder who's lived here his whole life. The respondent remains in custody until completion of the immigration court case, and pending any appeals to the Board of Immigration Appeals and federal circuit courts, which can easily amount to years of detention. 

In the past few months, the Obama Administration has massively escalated its detention of mothers and children who are fleeing violence and persecution. Within weeks, the Department of Homeland Security will open several thousand new detention beds dedicated to detaining families. These mothers and their children, including many toddlers and babies, are asylum seekers, who have suffered domestic violence, sexual assault, gang violence and other atrocities and are protected under international and U.S. asylum and humanitarian law. The U.S. government is also subjecting them to an aggressive and rapid deportation policy that deprives them of meaningful access to protection.

Even though Department of Homeland Security current only permits individuals to participate in alternatives programs if the individual has already demonstrated the they are not a flight risk or danger to the community, the Department of Homeland Security uses restrictive measures such as electronic devices to monitor participants. Electronic monitoring devices are very restrictive: a recent court decision found that electronic bracelets cause the loss of a 'great deal' of an individual's liberty and require confinement in a specific space such as a private dwelling for approximately 12 hours per day. Currently, all Department of Homeland Security's alternatives to detention programs rely heavily on electronic monitoring devices which seriously restrict an individual's freedom of movement - thereby converting the program into an alternative from of custody rather than an alternative to detention.  

Department of Homeland Security's current alternatives to detention programs have not yet taken advantage of the community-based alternative programs run by non-governmental, state or local agencies that utilize less restrictive means to ensure program compliance. Community-based alternatives programs that provide case management services, legal orientation for participants and facilitate access to counsel have been shown to substantially increase program compliance without the extensive use of electronic monitoring. 

Detention deprives individuals of their most fundamental rights to liberty and for many individuals such as the mothers and their children, and for many immigrants and asylum-seekers, this extreme measure is often unnecessary.



















September 2, 2014

IMMIGRATION-RELATED EMPLOYMENT DISCRIMINATION CLAIM

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

Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Tuesday, September 2, 2014
Justice Department Settles Immigration-Related Employment Discrimination Claim Against a Restaurant Management Company
The Justice Department announced today that it reached an agreement with Culinaire International, a catering and restaurant management company headquartered in Houston, Texas, resolving a claim that Culinaire engaged in citizenship discrimination during the employment eligibility reverification process in violation of the Immigration and Nationality Act (INA).    

The Justice Department’s investigation found that Culinaire required lawful permanent resident employees to produce a new Permanent Resident Card when their prior card expired, even though the Form I-9 and E-Verify rules prohibit this practice.   Lawful permanent residents have permanent work authorization in the United States, even after their permanent resident cards expire.   The INA’s anti-discrimination provision prohibits employers from placing additional documentary burdens on work-authorized employees during the employment eligibility verification process based on their citizenship status.  

“Employers cannot discriminate against workers by requiring them to produce more documents than necessary in the employment eligibility verification and reverification processes,” said Acting Assistant Attorney General Molly Moran for the Civil Rights Division.   “The department applauds Culinaire’s willingness to resolve this matter expeditiously and its commitment to changing its past documentary practices.”

Under the settlement agreement, Culinaire will pay $20,460 in civil penalties to the United States; undergo training on the anti-discrimination provision of the INA; establish a $40,000 back pay fund to compensate potential economic victims; revise its employment eligibility reverification policies; and be subject to monitoring of its employment eligibility verification practices for 20 months.
           
The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) within the Justice Department is responsible for enforcing the anti-discrimination provision of the INA.   Among other things, the statute prohibits citizenship status and national origin discrimination in hiring, firing or recruitment or referral for a fee, unfair documentary practices, retaliation and intimidation.  

For more information about protections against employment discrimination under immigration laws, call OSC’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call OSC’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired).

Applicants or employees who believe they were subjected to different documentary requirements based on their citizenship status, immigration status, or national origin, or discrimination based on their citizenship status, immigration status, or national origin in hiring, firing, or recruitment or referral for a fee should contact OSC’s worker hotline for assistance.  

August 14, 2014

VISA BULLETIN FOR SEPTEMBER 2014

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


FAMILY-SPONSORED PREFERENCES
Family-SponsoredAll Chargeability Areas Except Those ListedCHINA-mainland bornINDIAMEXICOPHILIPPINES
F101MAY0701MAY07 01MAY0701JUN9401AUG04
F2A01JAN1301JAN1301JAN1322APR1201JAN13
F2B01SEP0701SEP0701SEP0715MAY94 01DEC03
F315NOV0315NOV0315NOV0315OCT9322MAY93
F401JAN0201JAN0201JAN0222JAN9715MAR91


EMPLOYMENT-BASED PREFERENCES
Employment- Based
All Chargeability Areas Except Those Listed
CHINA - mainland bornINDIAMEXICOPHILIPPINES
1stCCCCC
2ndC08OCT0901MAY09CC
3rd01APR1101NOV0808NOV0301APR1101APR11
Other Workers01APR1122JUL0508NOV0301APR1101APR11
4thCCCCC
Certain Religious WorkersCCCCC
5th
Targeted
Employment
Areas/
Regional Centers
and Pilot Programs
CCCCC

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: ASYLUM AND WITHHOLDING OF REMOVAL DEFENSES

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: ASYLUM AND WITHHOLDING OF REMOVAL DEFENSES: Posted By Attorney Norka M. Schell Law Offices of Norka M. Schell, LLC Tel. (212) 564-1589 Website:  http://www.lawschell.com/asylum.html...

August 5, 2014

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

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: BULLETIN VISA FOR AUGUST 2014: Posted by Norka M. Schell, NYC Immigration Lawyer Law Offices of Norka M. Schell, LLC Tel. (212)564-1589' Website: www.lawschell.com ...

BULLETIN VISA FOR AUGUST 2014

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


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July 29, 2014

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: THE B-2 VISITOR FOR PLEASURE

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: THE B-2 VISITOR FOR PLEASURE: The B-2 "Visitor for Pleasure" visa, along with the Visa Waiver Program, are the most widely used vehicles for entry into the Unit...

THE B-2 VISITOR FOR PLEASURE

The B-2 "Visitor for Pleasure" visa, along with the Visa Waiver Program, are the most widely used vehicles for entry into the United States. 

The B-2 visitor visa has many specific uses, but more importantly it also has specific situations where its use is expressly prohibited. The fact that this visa is obtained overseas without the United States Immigration and Citizenship Services ("USCIS") approval means that an immigrant lawyer is rarely involved. 

The B-2 visa category can be one of the most complex and difficult to address because the issues and factors involved in the decision are almost entirely subjective. Moreover, the decision of the consul occurs far from the immigration lawyer, and is not subject to review or formal appeal. If the reason fro the denial is known, applicants my present "better" evidence  in subsequent visa applications.