528

Pageviews last month

March 22, 2017

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: 2017 APRIL.BULLETIN VISA

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: 2017 APRIL.BULLETIN VISA: LAW OFFICES OF NORKA M. SCHELL, LLC 11 Broadway, Suite 615 New York, NY 10004 Tel. (212)564-1589 / (973)621-9300 Website:  http...

2017 APRIL.BULLETIN VISA

LAW OFFICES OF NORKA M. SCHELL, LLC

11 Broadway, Suite 615
New York, NY 10004
Tel. (212)564-1589 / (973)621-9300



This bulletin summarizes the availability of immigrant numbers during April for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

FAMILY-SPONSORED PREFERENCES
First: (F1) Unmarried Sons and Daughters of U.S. Citizens:  23,400 plus any numbers not required for fourth preference.
Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents:  114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:
A. (F2A) Spouses and Children of Permanent Residents:  77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents:  23% of the overall second preference limitation.
Third: (F3) Married Sons and Daughters of U.S. Citizens:  23,400, plus any numbers not required by first and second preferences.
Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens:  65,000, plus any numbers not required by first three preferences.
A.  FINAL ACTION DATES FOR FAMILY-SPONSORED
     PREFERENCE CASES
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 authorized for issuance to all qualified applicants; and "U" means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlier than the final action date listed below.)
Family-
Sponsored 
All Chargeability 
Areas Except
Those Listed
CHINA-mainland 
born
INDIAMEXICOPHILIPPINES 
F115OCT1015OCT1015OCT10 22MAY95 15JAN06
F2A08JUN1508JUN1508JUN15 22MAY1508JUN15
F2B15SEP1015SEP1015SEP1022DEC9515JUN06
F315MAY0515MAY0515MAY0508JAN9515SEP94
F408MAY0408MAY0415AUG0315JUN9708SEP93

B.  DATES FOR FILING FAMILY-SPONSORED
     VISA APPLICATIONS
The chart below reflects dates for filing visa applications within a time frame justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the application date in the chart below may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file applications, regardless of priority date.
The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date which is earlier than the listed date may file their application.
Family-
Sponsored 
All Chargeability 
Areas Except
Those Listed
CHINA-
mainland 
born
INDIAMEXICOPHILIPPINES 
F101JAN1101JAN1101JAN1101JUN9501MAY06
F2A22NOV1522NOV1522NOV15 22NOV15 22NOV15
F2B08FEB1108FEB1108FEB1101JUN9601FEB07
F322AUG0522AUG0522AUG0501MAY9501JAN95
F401JUL0401JUL0401MAY0401DEC9701APR94

EMPLOYMENT-BASED PREFERENCES
First:  Priority Workers:  28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
Second:  Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability:  28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.      
Third:  Skilled Workers, Professionals, and Other Workers:  28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "*Other Workers".
Fourth:  Certain Special Immigrants:  7.1% of the worldwide level.
Fifth:  Employment Creation:  7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of Pub. L. 102-395.
A.  FINAL ACTION DATES FOR EMPLOYMENT-BASED
     PREFERENCE CASES
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 authorized for issuance to all qualified applicants; and "U" means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlier than the final action date listed below.)
Employ-
ment
based
All Charge-
ability 
Areas Except
Those Listed
CHINA-
mainland 
born
EL SALVADOR
GUATEMALA
HONDURAS
INDIAMEXICOPHILIPPINES
1stCCCCCC
2ndC15JAN13C22JUN08CC
3rd15FEB17 15AUG1415FEB17 24MAR05 15FEB17  15SEP12
Other Workers15FEB17 01MAR0615FEB17 24MAR0515FEB17 15SEP12
4thCC15JUL15C15JUL15C
Certain Religious WorkersCC15JUL15C15JUL15C
5th
Non-Regional
Center
(C5 and T5)
C22MAY14CCCC
5th
Regional
Center
(I5 and R5)
C22MAY14CCCC

B.  DATES FOR FILING OF EMPLOYMENT-BASED
     VISA APPLICATIONS
The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the application date in the chart may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file, regardless of priority date.
The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date which is earlier than the listed date may file their application.
* Information extracted from U.S. Visas Department of State- Bureau of Consular Affairs at www.travelstate.com 


March 10, 2017

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: Extreme Hardship Waivers

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: Extreme Hardship Waivers: LAW OFFICES OF NORKA M. SCHELL, LLC 11 Broadway, Suite 615 New York, NY 10004 Tel. (212)564-1589 / (973)621-9300 Website: www.lawsc...

Extreme Hardship Waivers

LAW OFFICES OF NORKA M. SCHELL, LLC
11 Broadway, Suite 615
New York, NY 10004
Tel. (212)564-1589 / (973)621-9300
Website: www.lawschell.com 



A. Overview

W​aiver​s​ of inadmissibility​ ​generally ​authorize​ U.S. immigration authorities​ ​to balance​ ​competing policy considerations ​when determining​ ​whether a​ ​foreign national​ should be admitted to the United Sta​tes​ despite his or her inadmis​s​ibility​. ​
On the one hand, the ​foreign national ​has engaged in ​conduct ​that Congress ​considers serious​ enough to​ render ​the ​individual​ ​inadmissible​ to the United States​.​ ​On the other hand, ​Congress specifically​ authoriz​ed waivers of these grounds of inadmissibility ​for those cases in which​ the refusal of admission ​“​would ​result in​ ​extreme hardship​.​”​ ​To meet this ​“extreme hardship” ​requirement,​ ​the applicant must show that refusal of admission ​would ​impose ​more than the usual level of hardship​ that commonly results from family separation​ or relocation​. ​Congress clearly intended the waiver to be applied ​for purposes of​ family unity and ​with ​other humanitarian concerns in mind.​ 

B. What is ​Extreme Hardship​ ​

The ​term​ ​“extreme hardship” is not ​expressly ​defined in the ​Immigration and Nationality Act (​INA​)​, in ​Department of Homeland Security (​DHS​)​ regulations, or in case law​ ​(although ​DHS regulations ​and certain ​Board of Immigration Appeals (BIA)​ decisions​ ​have provided ​some relevant ​guidance with respect to ​what may constitute extreme hardship ​in certain contexts). ​A​s the U.S. Supreme Court ​recognized​ in ​INS v. Jong Ha Wang​, “[t]​hese​ words are not self-explanatory, and reasonable men could easily differ as to their construction. But the [INA] commits their definition in the first instance to the Attorney General [and the Secretary of Homeland Security] a​nd [their] delegates.​”​ 
Therefore​, “[t]he Attorney General [and the Secretary of Homeland Security] and [their] delegates have the authority to construe ‘extreme hardship’ narrowly should they deem it wise to do so.”​  Conversely, “[a] restrictive view of extreme hardship is not mandated either by the Supreme Court or by [the BIA] case law.”​ 
USCIS​ recognizes​ that at least some degree of hardship to qualifying relative​s​ exists in most, if not all, cases in which ​individual​s​ with the requisite relationship​s​ ​are ​denied admission​. ​Importantly, t​o be considered “extreme,” the hardship must exceed ​that which is usual or expected.​  But e​xtreme​ ​hardship ne​ed not​ be unique​,​  n​or ​is ​the standard ​as​ ​demanding as the ​statutory ​“exceptional and extremely unusual hardship” standard​ that​ is​ generally applicable to ​non-​lawful permanent resident​ ​cancellation of removal.​ 

January 31, 2017

2017 BULLETIN VISA

LAW OFFICES OF NORKA M. SCHELL, LLC

11 Broadway, Suite 615
New York, NY 10004
Tel. (212)564-1589
       (973)621-9300

Website: www.lawschell.com 


This bulletin summarizes the availability of immigrant numbers during February for: “Final

Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants 

should be notified to assemble and submit required documentation to the National Visa 

Center.

FAMILY-SPONSORED PREFERENCES
First: (F1) Unmarried Sons and Daughters of U.S. Citizens:  23,400 plus any numbers not required for fourth preference.
Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents:  114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:
A. (F2A) Spouses and Children of Permanent Residents:  77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents:  23% of the overall second preference limitation.
Third: (F3) Married Sons and Daughters of U.S. Citizens:  23,400, plus any numbers not required by first and second preferences.
Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens:  65,000, plus any numbers not required by first three preferences.
A.  FINAL ACTION DATES FOR FAMILY-SPONSORED
     PREFERENCE CASES
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 authorized for issuance to all qualified applicants; and "U" means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlier than the final action date listed below.)
Family-
Sponsored 
All Chargeability 
Areas Except
Those Listed
CHINA-mainland 
born
INDIAMEXICOPHILIPPINES 
F122FEB1022FEB1022FEB1008MAY9501DEC05
F2A15APR1515APR1515APR1501APR1515APR15
F2B08JUL1008JUL1008JUL1008NOV9508APR06
F322MAR0522MAR0522MAR0515DEC9408SEP94
F408FEB0422JAN0415JUN0322MAY9722JUN93
22MAR05
22MAR05

B.  DATES FOR FILING FAMILY-SPONSORED
     VISA APPLICATIONS
The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the application date in the chart below may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file applications, regardless of priority date.
The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date which is earlier than the listed date may file their application.
Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 4.A.) this month for filing applications for adjustment of status with USCIS. 
Family-
Sponsored 
All Chargeability 
Areas Except
Those Listed
CHINA-
mainland 
born
INDIAMEXICOPHILIPPINES 
F101JAN1101JAN1101JAN1101JUN9501MAY06
F2A22NOV1522NOV1522NOV15 22NOV15 22NOV15
F2B08FEB1108FEB1108FEB1101JUN9601FEB07
F322AUG0522AUG0522AUG0501MAY9501JAN95
F401JUL0401JUL0401MAY0401DEC9701APR94
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.
A.  FINAL ACTION DATES FOR EMPLOYMENT-BASED
     PREFERENCE CASES
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 authorized for issuance to all qualified applicants; and "U" means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlier than the final action date listed below.)
Employ-
ment
based
All Charge-
ability 
Areas Except
Those Listed
CHINA-
mainland 
born
EL SALVADOR
GUATEMALA
HONDURAS
INDIAMEXICOPHILIPPINES
1stCCCCCC
2ndC15NOV12C15APR08CC
3rd01OCT16 01OCT1301OCT16 22MAR05 01OCT1615OCT11
Other Workers01OCT16 01DEC0501OCT16 22MAR0501OCT1615OCT11
4thCC15JUL15C15JUL15C
Certain Religious WorkersCC15JUL15C15JUL15C
5th
Non-Regional
Center
(C5 and T5)
C15APR14CCCC
5th
Regional
Center
(I5 and R5)
C15APR14CCCC

B.  DATES FOR FILING OF EMPLOYMENT-BASED
     VISA APPLICATIONS
Employment-
based
All Chargeability 
Areas Except
Those Listed
CHINA-
mainland 
born
INDIAMEXICO PHILIPPINES 
1stCCCCC
2ndC01MAR1322APR09 CC
3rdC01MAY1401JUL05C01SEP13
Other WorkersC01AUG0901JUL05C01SEP13
4thCCCCC
Certain Religious WorkersCCCCC
5th
Non-Regional
Center
(C5 and T5)
C15JUN14CCC
5th
Regional
Center
(I5 and R5)
C15JUN14CCC