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September 16, 2017

NYC IMMIGRATION LAWYER - Phone (212) 258-0713 and (973) 621-9300: WAIVER OF INADMISSIBILITY

NYC IMMIGRATION LAWYER - Phone (212) 258-0713 and (973) 621-9300: WAIVER OF INADMISSIBILITY: LAW OFFICES OF NORKA M. SCHELL, LLC 17 STATE STREET, STE. 4000 NEW YORK, NEW YORK 10004 TEL. (212) 258-0713 / (973) 621-9300 ...

WAIVER OF INADMISSIBILITY

LAW OFFICES OF NORKA M. SCHELL, LLC

17 STATE STREET, STE. 4000
NEW YORK, NEW YORK 10004

TEL. (212) 258-0713 / (973) 621-9300

WWW.LAWSCHELL.COM 

People immigrating to the United States, including those who want to move to New York, often face several challenges, when they are considered inadmissible, immigration is not even an option. However many people benefit from working with a skillful immigration lawyer in New York. A knowledgeable immigration lawyer can evaluate the situation and help determine if the immigrant can apply for the waiver. 

A waiver of inadmissibility, if granted, can allow an immigrant to enter the United States. 

Working with an experienced immigration lawyer can make a difference. And here is why. 

1. U.S. based immigration lawyers are familiar with the U.S. Immigration Laws and how the law works.

2. It could make the difference whether the immigrant is able to find a waiver. 

3. The application process go more smoothly

If you need to work with a skillful, experienced lawyer, contact the Law Offices of Norka M. Schell, LLC at (212) 258-0713 to schedule your personal consultation. 

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 739-0438 and (973) 621-9300: NY LAW OFFICES OF NORKA M. SCHELL, LLC17 STATE ST...

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - NY LAW OFFICES OF NORKA M. SCHELL, LLC
17 STATE ST...
: NY LAW OFFICES OF NORKA M. SCHELL, LLC 17 STATE STREET, STE. 4000 NEW YORK, NEW YORK 10004 TEL. (212) 258-0713 / (973) 621-9300 ...
NY LAW OFFICES OF NORKA M. SCHELL, LLC

17 STATE STREET, STE. 4000
NEW YORK, NEW YORK 10004

TEL. (212) 258-0713 / (973) 621-9300




OCTOBER 2017 VISA BULLETIN

This bulletin summarizes the availability of immigrant numbers during October 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. 

Unless otherwise indicated on the U.S. Citizenship and Immigration Services (USCIS) website at www.uscis.gov/visabulletininfo, individuals seeking to file applications for adjustment of status with USCIS in the Department of Homeland Security must use the “Final Action Dates” charts below for determining when they can file such applications. When USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, USCIS will state on its website that applicants may instead use the “Dates for Filing Visa Applications” charts in this Bulletin. 

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
Family-
Sponsored 
All Chargeability 
Areas Except
Those Listed
CHINA-mainland 
born
INDIAMEXICOPHILIPPINES 
F122DEC1022DEC1022DEC1001MAR9601JAN07
F2A22OCT1522OCT1522OCT1515OCT1522OCT15
F2B08NOV1008NOV1008NOV10 15JUL9601JAN07
F322JUL0522JUL0522JUL0522APR95 22FEB95
F408MAY0408MAY0401OCT0301OCT9701JUN94

B.  DATES FOR FILING FAMILY-SPONSORED
     VISA APPLICATIONS
Family-
Sponsored 
All Chargeability 
Areas Except
Those Listed
CHINA-
mainland 
born
INDIAMEXICOPHILIPPINES 
F101JAN1201JAN1201JAN1201NOV9601OCT07
F2A01NOV1601NOV1601NOV1601NOV1601NOV16
F2B01SEP1101SEP1101SEP1101JAN9701SEP07
F301DEC0501DEC0501DEC0501OCT9515JUN95
F415NOV0415NOV0422JUN0408FEB9801MAR95

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
Employ-
ment
based
All Charge-
ability 
Areas Except
Those Listed
CHINA-
mainland 
born
EL SALVADOR
GUATEMALA
HONDURAS
INDIAMEXICOPHILIPPINES
1stCCCCCC
2nd22MAY13C15SEP08CC
3rdC01JAN14C15OCT06 01DEC15
Other WorkersC01JAN0615OCT0601DEC15
4thCC01NOV15 C01MAR16 C
Certain Religious WorkersCC01NOV15C01MAR16C
5th
Non-Regional
Center
(C5 and T5)
C22JUN14CCCC
5th
Regional
Center
(I5 and R5)
C22JUN14CCCC

B.  DATES FOR FILING OF EMPLOYMENT-BASED
     VISA APPLICATIONS
Employ-
ment
based
All Charge-
ability
Areas 
Except
Those 
Listed
CHINA-
mainland 
born
EL 
SALVADOR
GUATEMALA
HONDURAS
INDIAMEXICO PHILIPPINES 
1stCCCCCC
2ndC15NOV13C08FEB09 CC
3rdC01SEP15C01JAN08C01AUG16
Other WorkersC01JUN08C01JAN08C01AUG16
4thCC15APR16CCC
Certain Religious WorkersCC15APR16CCC
5th
Non-Regional
Center
(C5 and T5)
C01OCT14CCCC
5th
Regional
Center
(I5 and R5)
C01OCT14CCCC
* Information extracted from the U.S. Visa - U.S. Department of State -Bureau of Consular Affairs. 

September 5, 2017

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 739-0438 and (973) 621-9300: RESCISSION OF DEFERRED ACTION FOR CHILDHOOD ARRIVA...

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 739-0438 and (973) 621-9300: RESCISSION OF DEFERRED ACTION FOR CHILDHOOD ARRIVA...: LAW OFFICES OF NORKA M. SCHELL, LLC 17 STATE STREET, 40 FLOOR SUITE 4000 NEW YORK, NEW YORK 10004 TEL. (212) 258-0713  (973) ...

RESCISSION OF DEFERRED ACTION FOR CHILDHOOD ARRIVALS QUESTIONS AND ANSWERS

LAW OFFICES OF NORKA M. SCHELL, LLC

17 STATE STREET, 40 FLOOR
SUITE 4000
NEW YORK, NEW YORK 10004

TEL. (212) 258-0713 
(973) 621-9300

 Website: www.lawschell.com 


Q. WILL USCIS SHARE THE PERSONAL INFORMATION OF INDIVIDUALS WHOSE PENDING REQUESTS ARE DENIED PROACTIVELY WITH ICE FORM ENFORCEMENT PURPOSE?

- Generally, information provided in DACA requests will not be proactively provided to another law enforcement entities (including ICE and CBP) for the purpose of immigration enforcement proceedings unless the requester poses a risk to national security of safety, or meets the criteria for the issuance of the Notice of Appear of referral to ICE under the criteria. This policy, which may be modified, superseded, or rescinded at any time without notice, is not intended to, does not, and may not be relied upon the create any right or benefit, substantive or procedural, enforceable by law by any party in any administrative, civil or criminal matter.

Q. CAN DEFERRED ACTION RECEIVED PURSUANT TO DACA BE TERMINATED BEFORE IT EXPIRES?

- Yes. DACA is an exercise of deferred action which is a form of prosecutorial discretion. Hence, DHS will continue to exercise its discretionary authority to terminate or deny deferred action at any time when immigration officials determine termination or denial of deferred action is appropriate.

Q. CAN DACA RECIPIENTS WHOSE VALID EAD IS LOST, STOLEN OR DESTROYED REQUEST A NEW EAD DURING THE PHASE OUT? 

- If an individual’s still-valid EAD is lost, stolen, or destroyed, they may requests a
replacement EAD by filing a new Form I-765.

Q. WILL DACA RECIPIENTS STILL BE ABLE TO TRAVEL OUTSIDE OF THE UNTID STATES WHILE THEIR DACA IS VALID? 

- Effective September 5, 2017, USCIS will no longer approve any new Form I-131, Application for Advance Parole under the standards associated with the DACA program. Those with current advance parole validity period from a previously-approved advance parole application will generally retain the benefit until it expires. However, CBP will retain the authority it has always exercised in determining the admissibility of any person presenting at the border. Further, USCIS retains the authority to revoke or terminate an advance parole document any time.

Q. WHAT HAPPENS TO INDIVIDUALS WHO HAVE PENDING REQUESTS FOR ADVANCE PAROLE TO TRAVEL OUTSIDE IF THE UNITED STATES?

- USCIS will administratively close all pending Form I-131 application for advance parole under standards associated with the DACA program, and will refund all associated fees.

Q. HOW MANY DACA REQUESTS ARE CURRENTLY PENDING THAT WILL 
BE IMPACTED BY THIS CHANGE? DO YOU HAVE A BREAKDOWN OF 
THESE NUMBERS BY STATE? 

There were 106,341 requests pending as of August 20, 2017 – 34,487 initial requests and 71,854 renewals. We do not currently have the state-specific breakouts.

Q. IS THERE A GRACE PERIOD FOR DACA RECIPIENTS WITH EADs THAT 
WILL SOON EXPIRE TO MAKE APPROPRIATE PLANS TO LEAVE THE 
COUNTRY? 

As noted above, once an individual’s DACA and EAD expire – unless is the limited class of beneficiaries above are found eligible to renew their benefits – the individual is no longer considered lawfully present in the United States and is not authorized to work. Persons whose DACA permits will expire between September 5, 2017 and March 5, 2018 are eligible to renew their permits. No persons should lose benefits under this memorandum prior to March 5, 2018 if they properly file a renewal request and associated application for employment authorization.

Q. CAN YOU PROVIDE A BREAKDOWN OF HOW MANY DACA EADS EXPIRES IN 2017, 2018, AND 2019?

From August through December 2017, 201,678 individuals are set to have their DACA/EADs expire. Or these individuals, 55,258 already have submitted requests for renewals of DACA to USCIS.


Q. WHAT WERE THE PREVIOUS GUIDELINES FOR USCIS TO GRANT DACA?

Individuals meeting the following categorical criteria could apply for DACA if they:
Were under the age of 31 as of June 15, 2012;
Came to the US before reaching their 16th birthday;
Have continuously resided in the US since June 15, 2007, up to the present time;
Were physically present in the US on June 15, 2012, and at the time of making their request for consideration of deferred action with USCIS;
Had no lawful status on June 15, 2012;
Are currently in school, have graduated, or obtained a certificate of completion from high school, have obtained a General Educational Development (GED) certificate, or are an
        honorably discharged veteran of the Coast Guard of Armed Forced of the United States; and
Have not been convicted of a felony, significant misdemeanor, three of more other misdemeanors, and do not otherwise pose a threat to national security or public safety. 






August 15, 2017

VISA BULLETIN FOR SEPTEMBER 2017

LAW OFFICES OF NORKA M. SCHELL, LLC

17 State Street, 40 Floor, Suite 4000
New York, NY 10004

Tel. (212) 258-0713 / (973)621-9300


This bulletin summarizes the availability of immigrant numbers during September 2017 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
Family-
Sponsored 
All Chargeability 
Areas Except
Those Listed
CHINA-mainland 
born
INDIAMEXICOPHILIPPINES 
F101MAY1001MAY1001MAY1001FEB9601JAN07
F2A01OCT1501OCT1501OCT1522SEP1501OCT15
F2B01NOV1001NOV1001NOV10 01JUL9601JAN07
F308JUL0508JUL0508JUL0508APR95 15FEB95
F401JAN0201JAN0201JAN0215SEP9701JUN94

B.  DATES FOR FILING FAMILY-SPONSORED
     VISA APPLICATIONS
Family-
Sponsored 
All Chargeability 
Areas Except
Those Listed
CHINA-
mainland 
born
INDIAMEXICOPHILIPPINES 
F122JUL1122JUL1122JUL1101APR9608SEP07
F2A08APR1608APR1608APR16 08APR16 08APR16
F2B01SEP1101SEP1101SEP1108AUG9622JUL07
F301DEC0501DEC0501DEC0501MAY9501MAR95
F415NOV0415NOV0422JUN0408JAN9808FEB95

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
Employ-
ment
based
All Charge-
ability 
Areas Except
Those Listed
CHINA-
mainland 
born
EL SALVADOR
GUATEMALA
HONDURAS
INDIAMEXICOPHILIPPINES
1stC01JAN12C01JAN12CC
2nd01JAN16 15MAY1301JAN1622AUG0801JAN1601JAN16
3rdC01JAN12C15OCT06 01NOV15
Other WorkersC01JAN0415OCT0601NOV15
4thCC22OCT15 22OCT1522OCT15 C
Certain Religious WorkersCC22OCT1522OCT15 22OCT15C
5th
Non-Regional
Center
(C5 and T5)
C15JUN14CCCC
5th
Regional
Center
(I5 and R5)
C15JUN14CCCC

B.  DATES FOR FILING OF EMPLOYMENT-BASED
     VISA APPLICATIONS
Employment-
based
All Chargeability 
Areas Except
Those Listed
CHINA-
mainland 
born
INDIAMEXICO PHILIPPINES 
1stCCCCC
2ndC01OCT1301FEB09 CC
3rdC01SEP1501JAN07C01JAN16
Other WorkersC01JUN0801JAN07C01JAN16
4thCCCCC
Certain Religious WorkersCCCCC
5th
Non-Regional
Center
(C5 and T5)
C01SEP14CCC
5th
Regional
Center
(I5 and R5)
C01SEP14CCC

* Information extracted from the www.travel.state.gov.