VISA WAIVER PROGRAM (VWP)

LAW OFFICES OF NORKA M. SCHELL, LLC BLOG

11 Broadway, Suite 615

New York, NY 10004

Tel. (212)564-1589 / (973)621-9300

Website: www.lawschell.com

Citizen or National of a VISA WAIVER PROGRAM Designated Country* 

In order for a person to qualify for the Visa Waiver Program, he or she must be a citizen or national of VWP-participant country. 

The following 38 countries are Visa Waiver Program participants:

A Andorra Australia Austria

B Belgium Brunei

C Chile Czech Republic

D Denmark

E Estonia

F Finland France

G Germany Greece

H Hungary

I Iceland Ireland Italy

J Japan

L Latvia Liechtenstein Lithuania Luxembourg

M Malta Monaco

N Netherlands New Zealand Norway

P Portugal

S San Marino Singapore Slovakia Slovenia South Korea Spain Sweden Switzerland

T Taiwan

U United Kingdom

Each Traveler Must have authorization under ESTA

In order to travel without a visa on the VWP, you must have authorization through the Electronic System for Travel Authorization (ESTA) prior to boarding a U.S. bound air or sea carrier. ESTA is the Department of Homeland Security (DHS), Customs and Border Protection's (CBP) automated web-based system to determine eligibility to travel without a visa to the United States for tourism or business. Visit the EATS webpage on the CBP website for more detailed information, to apply for ESTA, and pay the fee.

Travel Must be on an Approved Carrier

If arriving by air or sea, you must be arriving on an approved air or sea carrier. You must also have a round trip ticket indicating return passage to a country outside the United States.

Previous Compliance and No Prior Visa Ineligibilities

If you have had a U.S. visa before or previously traveled to the United States under the VWP or another status, you must have complied with the conditions of previous admissions to the United States, and you must not have previously been found ineligible for a U.S. visa.

Travelers should be aware that by requesting admission under the Visa Waiver Program, they are generally waiving their right to review or appeal a CBP officer’s decision as to their application for admission at the port of entry. See the CBP website for additional details.

Have the Correct Type of Passport

You must have a passport that is valid for at least 6 months after your planned departure from the United States (unless exempted by country-specific agreements). For families, each member of your family, including infants and children, must have his/her own passport. 

* Text was extracted from U.S. Department of State - Bureau of Consular Affairs.

For more information about the Visa Waiver Program, contact our office at (212)564-1589 or visit the Department of State - Bureau of Consular Affairs at website at www.travelstate.gov. 

AMERICA NEEDS A BETTER IMMIGRATION SYSTEM

LAW OFFICES OF NORKA M. SCHELL'S 

11 Broadway, Suite 615

New York, NY 10004

Tel. (212)564-1589/ (973)621-9300

Website: www.lawschell.com

Families are waiting years to reunite with loved ones. Business cannot hire the workers they need. And millions of families and workers have no way to legalize their status. 

America's legal immigration system must be reformed to meet the needs of our families and the economy. Congress must provide sufficient numbers of green cards and nonimmigrant visas for both employment-based and family based categories. Both categories are vital to our national interest, and slots in one category should not be cut to offset an increase in another category. 

Congress must legalize the status of those who are undocumented and give them an opportunity to apply for permanent residence, and ultimately citizenship if they choose. 

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: MAY 2015 VISA BULLETIN

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: MAY 2015 VISA BULLETIN: LAW OFFICES OF NORKA M. SCHELL'S BLOG 11 Broadway, Suite 615 New York, NY 10004 Tel, (212)564-1589/ (973)621-9300 Website: www...

MAY 2015 VISA BULLETIN

LAW OFFICES OF NORKA M. SCHELL'S BLOG

11 Broadway, Suite 615

New York, NY 10004

Tel, (212)564-1589/ (973)621-9300
Website: www.lawschell.com  

                                                

The bulletin, extracted from U.S. Department of States, summarizes the availability of immigrant numbers during May 2015.


FAMILY-SPONSORED PREFERENCES

Family-Sponsored	All Chargeability Areas Except Those Listed	CHINA-mainland born	INDIA	MEXICO	PHILIPPINES
F1	15AUG07	15AUG07	15AUG07	08NOV94	01FEB05
F2A	01SEP13	01SEP13	01SEP13	08AUG13	01SEP13
F2B	15SEP08	15SEP08	15SEP08	01APR95	22APR04
F3	22FEB04	22FEB04	22FEB04	15APR94	15AUG93
F4	01AUG02	01AUG02	01AUG02	15JUL97	22OCT91

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	01JUN12	15APR08	C	C
3rd	01JAN15	01MAY11	15JAN04	01JAN15	01JUL07
Other Workers	01JAN15	15NOV05	15JAN04	01JAN15	01JUL07
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th Targeted Employment Areas/ Regional Centers and Pilot Programs	C	01MAY13	C	C	C

TAX SEASON - BE CAREFUL OF IMMIGRATION SCAMS

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: TAX SEASON - BE CAREFUL OF IMMIGRATION SCAMS: From: U.S. Citizenship and Immigration Services [mailto:uscis@public.govdelivery.com]  To: Dear Stakeholder Monday, March 30, 2015 10:3...

TAX SEASON - BE CAREFUL OF IMMIGRATION SCAMS

From: U.S. Citizenship and Immigration Services [mailto:uscis@public.govdelivery.com] 

To: Dear Stakeholder

Monday, March 30, 2015 10:38 AM 

Subject: USCIS Message: Be Careful of Immigration Scams 

During Tax Season please help us spread this message in immigrant communities.This time of year, when you file your income tax returns before the April 15 federal deadline, U.S. Citizenship and Immigration Services (USCIS) urges you to be careful if a tax preparer offers to also help you prepare and file your immigration forms. 

Individuals and businesses that prepare tax returns may not be authorized to assist you with immigration services. 

The only people authorized to give you legal advice on immigration are licensed attorneys and representatives accredited by the Board of Immigration Appeals. Attorneys and accredited representatives are the only ones authorized to: 

• Explain which immigration options may be available to you; 
• Advise you about which forms to submit; and 
• Communicate with USCIS about your case. 

Visit uscis.gov/avoidscams or uscis.gov/eviteestafas to learn how to recognize and avoid immigration scams and find authorized legal services. 

If you believe you have been the victim of a scam involving a tax preparer, please report this scam to the Federal Trade Commission at ftccomplaintassistant.gov. 

Kind Regards, 

USCIS Public Engagement Division 

Please do not reply to this message. 

Contact us at Public.Engagement@uscis.dhs.gov or USCISIGAOutreach@uscis.dhs.gov with any questions. 

To learn more about the Public Engagement Division, visit us online at uscis.gov/outreach.

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: ABT, et al., v. U.S. Citizenship and Immigration, ...

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: ABT, et al., v. U.S. Citizenship and Immigration, ...: LAW OFFICES OF NORKA M. SCHELL BLOG 11 Broadway, Suite 615 New York, New York 10004 Tel. (212)564-1589/ (973)621-9300 Website: ...

ABT, et al., v. U.S. Citizenship and Immigration, Class Action Lawsuit Settlement

LAW OFFICES OF NORKA M. SCHELL BLOG

11 Broadway, Suite 615

New York, New York 10004

Tel. (212)564-1589/ (973)621-9300

Website: www.lawschell.com

March 15, 2015

Posted by Norka M. Schell

As part of a settlement of the class action lawsuit, ABT, et al., v. U.S. Citizenship and Immigration Services, et al., 11-cv-02108 (W.D. Wash.), U.S. Citizenship and Immigration Services (USCIS) and the Executive Office for Immigration Review (EOIR) have agreed to change certain procedures that will affect the eligibility of some asylum applicants for employment authorization documents (EAD). A full description of these changes can be found in the ABT Settlement Agreement www.uscis.gov

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: APRIL 2015 VISA BULLETIN UPDATES

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: APRIL 2015 VISA BULLETIN UPDATES: LAW OFFICES OF NORKA M. SCHELL BLOG 11 Broadway, Suite 615 New York, NY 10004 Tel. (212)564-1589 / (973)621-9300 Website: www.l...

APRIL 2015 VISA BULLETIN UPDATES

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

The following is the summary of the Visa Bulletin for April which was provided by the Department of State.

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	01APR11	01SEP07	C	C
3rd	01OCT14	01JAN11	08JAN04	01OCT14	01OCT14
Other Workers	01OCT14	15AUG05	08JAN04	01OCT14	01OCT14
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

FAMILY-BASED PREFERENCES

Family-Sponsored	All Chargeability Areas Except Those Listed	CHINA-mainland born	INDIA	MEXICO	PHILIPPINES
F1	01AUG07	01AUG07	01AUG07	01NOV94	01FEB05
F2A	01AUG13	01AUG13	01AUG13	08JUL13	01AUG13
F2B	22AUG08	22AUG08	22AUG08	01FEB95	01APR04
F3	08FEB04	08FEB04	08FEB04	01APR94	08AUG93
F4	15JUN02	15JUN02	15JUN02	08JUL97	22SEP91

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: VISA BULLETIN FOR MARCH 2015

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: VISA BULLETIN FOR MARCH 2015: LAW OFFICES OF NORKA M. SCHELL, LLC 11 Broadway, Suite 615 New York, NY 10004 Tel. (212)564-1589 / (973)621-9300 Website www.la...

VISA BULLETIN FOR MARCH 2015

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

The following is a summary of the Department of State Visa Bulletin for immigrant numbers in March 2015.

FAMILY-SPONSORED PREFERENCES MARCH 2015

Family-Sponsored	All Chargeability Areas Except Those Listed	CHINA-mainland born	INDIA	MEXICO	PHILIPPINES
F1	01AUG07	01AUG07	01AUG07	22OCT94	01FEB05
F2A	22JUN13	22JUN13	22JUN13	22MAY13	22JUN13
F2B	08JUL08	08JUL08	08JUL08	01JAN95	22MAR04
F3	22JAN04	22JAN04	22JAN04	22FEB94	01AUG93
F4	15MAY02	15MAY02	15MAY02	01JUN97	08SEP91

EMPLOYMENT-BASED PREFERENCES MARCH 2015

Employment- Based	All Chargeability Areas Except Those Listed	CHINA - mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	01SEP10	01JAN07	C	C
3rd	01JUN14	22OCT11	01JAN04	01JUN14	01JUN14
Other Workers	01JUN14	15AUG05	01JAN04	01JUN14	01JUN14
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

For information on how to apply for family-based visa and/or employment-based visa, please contact our office to speak with our immigrant visa lawyer. 

Matter of Rosa Isela VELASQUEZ-CRUZ,

Posted by Norka M. Schell, Esq.
Law Offices of Norka M. Schell, LLC
Tel. (212)564-1589 / (973)621-9300
Website: www.lawschell.com

Matter of Rosa Isela VELASQUEZ-CRUZ, Respondent 
Decided December 10, 2014 
U.S. Department of Justice Executive Office for Immigration Review 
Board of Immigration Appeals 

An alien’s departure from the United States following a criminal conviction for illegal entry under section 275(a)(1) of the Immigration and Nationality Act, 8 U.S.C. § 1325(a)(1) (2012), interrupts the 10-year period of continuous physical presence required to establish eligibility for cancellation of removal under section 240A(b)(1) of the Act, 8 U.S.C. § 1229b(b)(1) (2012). 

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: Matter of Oshane Shaneil CROSS

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: Matter of Oshane Shaneil CROSS: Posted by: Norka M. Schell, Esq Law Offices of Norka M. Schell, LLC Tel. (212)564-1589/ (973)621-9300 Website: www.lawschell.com Matter...

Matter of Oshane Shaneil CROSS

Posted by: Norka M. Schell, Esq
Law Offices of Norka M. Schell, LLC
Tel. (212)564-1589/ (973)621-9300
Website: www.lawschell.com

Matter of Oshane Shaneil CROSS, Respondent 
Decided February 12, 2015 
U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals 

A person born out of wedlock may qualify as a legitimated “child” of his or her biological parents under section 101(c)(1) of the Immigration and Nationality Act, 8 U.S.C. § 1101(c)(1) (2012), for purposes of citizenship if he or she was born in a country or State that has eliminated all legal distinctions between children based on the marital status of their parents or had a residence or domicile in such a country or State (including a State within the United States), if otherwise eligible. Matter of Hines, 24 I&N Dec. 544 (BIA 2008), and Matter of Rowe, 23 I&N Dec. 962 (BIA 2006), overruled in part. Matter of Clahar, 18 I&N Dec. 1 (BIA 1981), and Matter of Goorahoo, 20 I&N Dec. 782 (BIA 1994), reaffirmed. 

#IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: AILA President's Response To The Decision by Judge...

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: AILA President's Response To The Decision by Judge...: LAW OFFICES OF NORKA M. SCHELL, LLC 11 Broadway, Suite 615 New York, NY 10004 Tel. (212)564-1589 / (973)621-9300 Website: www...

AILA President's Response To The Decision by Judge Hanen To Temporarily Halt DAPA and the Expansion of DACA

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

IMMEDIATE RELEASE

February 17, 2015

WASHINGTON, DC -The American Immigration Lawyers Association (AILA) issued the following statement from its President Leslie A. Holman regarding the decision by Texas federal judge Andrew Hanen to grant the request for a temporary injunction against the implementation of President Obama's Deferred Action for Parents of Citizens and Lawful Permanent Residents (DAPA) and the expansion of the Deferred Action for Childhood Arrivals (DACA) initiative.

"Previous statements by Judge Hanen made it clear that he was pre-disposed against favorable exercises of prosecutorial discretion in the immigration context. Today he affirmed that pre-disposition by temporarily enjoining decision-making in the expansion of DACA and the implementation of DAPA.

"Thus, there is nothing surprising in the fact of the injunction. What is surprising, given this judge, is the narrowness of the ruling. His injunction is not based on constitutional grounds; it is based on procedure, finding flaws under the Administrative Procedure Act. It is almost as if he was desperate for a way to block these initiatives and grasped any straw he could.

"AILA fully expects the federal government to immediately appeal this ruling and to request a stay of the injunction throughout the appeal process so that the initiatives aren't stalled. AILA is confident the federal government will ultimately prevail and that DAPA and expanded DACA will be fully implemented.

"In the meantime, AILA recommends that individuals who are potentially eligible for expanded DACA or DAPA begin preparing to apply: they should begin gathering the necessary documentation and seek good counsel to give themselves the best chance for success and to avoid potential problems. Importantly, they must be wary of 'notarios' who offer legal advice without a license that is unethical and fraudulent.

"Also important to note is that those who were granted DACA already are in no way affected by this ruling so they should apply for their DACA renewal as planned. This ruling only delays the start of DAPA and the expansion of DACA.

"I know that despite this ruling we will continue to make the case that our country deserves an immigration system that works - for families, for businesses, and for the entire nation," concluded Ms. Holman.

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: LAW OFFICES OF NORKA M. SCHELL, LLC11 Broadway, S...

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

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

IMMEDIATE RELEASE

February 17, 2015

Statement by Secretary Jeh C. Johnson Concerning the District Court’s Ruling Concerning DAPA and DACA

I strongly disagree with Judge Hanen’s decision to temporarily enjoin implementation of Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and expanded Deferred Action for Childhood Arrivals (DACA). The Department of Justice will appeal that temporary injunction; in the meantime, we recognize we must comply with it.

Accordingly, the Department of Homeland Security will not begin accepting requests for the expansion of DACA tomorrow, February 18, as originally planned. Until further notice, we will also suspend the plan to accept requests for DAPA.

The Department of Justice, legal scholars, immigration experts and even other courts have said that our actions are well within our legal authority. Our actions will also benefit the economy and promote law enforcement. We fully expect to ultimately prevail in the courts, and we will be prepared to implement DAPA and expanded DACA once we do.

It is important to emphasize what the District Court’s order does not affect.

The Court’s order does not affect the existing DACA. Individuals may continue to come forward and request initial grant of DACA or renewal of DACA pursuant to the guidelines established in 2012.

Nor does the Court’s order affect this Department’s ability to set and implement enforcement priorities. The priorities established in my November 20, 2014 memorandum entitled “Policies for the Apprehension, Detention and Removal of Undocumented Immigrants” remain in full force and effect. Pursuant to those enforcement priorities, we continue to prioritize public safety, national security, and border security. I am pleased that an increasing percentage of removals each year are of those convicted of crimes. I am also pleased that, due in large part to our investments in and prioritization of border security, apprehensions at the southern border – a large indicator of total attempts to cross the border illegally -- are now at the lowest levels in years.

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: VISA BULLETIN FOR MARCH 2015

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: VISA BULLETIN FOR MARCH 2015: LAW OFFICES OF NORKA M. SCHELL, LLC 11 Broadway, Suite 615 New York, NY 10004 Tel. (212)564-1589 / (973)621-9300 Website: www.l...

VISA BULLETIN FOR MARCH 2015

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 

Here is the updated summary of Bulletin Visa for March 2015. 

FAMILY-SPONSORED PREFERENCES

Family-Sponsored	All Chargeability Areas Except Those Listed	CHINA-mainland born	INDIA	MEXICO	PHILIPPINES
F1	01AUG07	01AUG07	01AUG07	22OCT94	01FEB05
F2A	22JUN13	22JUN13	22JUN13	22MAY13	22JUN13
F2B	08JUL08	08JUL08	08JUL08	01JAN95	22MAR04
F3	22JAN04	22JAN04	22JAN04	22FEB94	01AUG93
F4	15MAY02	15MAY02	15MAY02	01JUN97	08SEP91

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	01SEP10	01JAN07	C	C
3rd	01JUN14	22OCT11	01JAN04	01JUN14	01JUN14
Other Workers	01JUN14	15AUG05	01JAN04	01JUN14	01JUN14
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

NYC BUSINESS IMMIGRATION LAWYER #VISA BULLETIN FOR FEBRUARY 2015

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: VISA BULLETIN FOR FEBRUARY 2015:                                                   LAW OFFICES OF NORKA M. SCHELL, LLC 11 Broadway, Suite 615 New York, NY 10004 ...