NPZ LAW GROUP'S U.S. & CANADIAN IMMIGRATION LAW UPDATE (September 2014)

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In This Issue:
YOUR IMMIGRATION LAWYERS, MICHAEL PHULWANI, ESQ. AND DAVID NACHMAN, ESQ. AND LUDKA ZIMOVCAK, ESQ. PROVIDE U.S. IMMIGRATION LAW UPDATES ON TV ASIA AND ITV: VLOG & USCIS NEWS UPDATES ON THE WEB.
U NONIMMIGRANT STATUS CERTIFICATION: A HOOP THAT EVERY U VISA BENEFICIARY NEEDS TO JUMP THROUGH.
THE MANY FACES OF THE ASYLUM PROCESS: APPLYING FOR ASYLUM IN THE UNITED STATES.
WHAT YOU GET AS A CLIENT OF THE IMMIGRATION LAW OFFICES OF THE NPZ LAW GROUP.
DOS ANNOUNCEMENT ABOUT CHINA.
WHEN IS PRESIDENT PLANNING TO ACT ON IMMIGRATION REFORM?
U.S. DEPARTMENT OF STATE UPDATE: THE
Dear Readers:
As the summer draws to a close it seems to clearly be the case that the White House plan for immigration reform took second stage to more burning issues. While it is true that the immigration issue continues to be one that lingers in our minds as a problem that needs to be resolved, other burgeoning geopolitical and national security issues have taken center stage. Our colleagues (as do we) remain cautiously optimistic that some administrative actions by the President may be proposed soon. However, and in the interim, it is business as usual. We continue to battle the unreasonable (and often, unpredictable) backlogs in various family and employment immigration categories as well as the rigid scrutiny of our H- 1Bs that bring highly-skilled labor to the U.S., the L-1 cases that clearly bring economic value (jobs and taxes) to the U.S., the O-1s that bring extraordinary talent, and the E-1/E-2 cases that continue to build economic infrastructure in the U.S. in a variety of ways. We are frustrated by the fact that the House of Representatives fails to see the value of entertaining an overall plan for immigration reform that can balance the importance of national security and securing the borders with the important goal of securing our country's economic superiority for the future. While it seems clearly to be the case that our borders are being flooded by children fleeing their home countries for the U.S., this must be seen as an issue of asylum and refugee-ism. We must remember that they are leaving their families and countries to escape from violence and potential death. The U.S. continues to be a "nation of immigrants". Our strength is in the diversity that we continue to build. Every plan for the development of our country came as a fusion of diversity, productivity, humanitarianism and compromise. It

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VISA BULLETIN FOR SEPTEMBER 2014 IS OUT!
INTRACOMPANY TRANSFER VISAS: L- 1A VISA AND L-1B VISA.
ASYLUM: THE SEVERAL WAYS THAT AN ASYLUM CASE CAN BE MADE IN THE U.S.
HAPPY LABOR DAY.
YOUR IMMIGRATION LAWYERS, MICHAEL PHULWANI, ESQ. AND DAVID NACHMAN, ESQ. AND LUDKA ZIMOVCAK, ESQ., PROVIDE U.S. IMMIGRATION LAW UPDATES ON ITV: VLOG & USCIS NEWS UPDATES ON THE WEB & ON TV.
David Nachman, Esq., Ludka Zimovcak, Esq. and Michael Phulwani, Esq., your Immigration and Nationality Lawyers, continue to bring employment and family- based immigration and nationality news and updates to your TV screen each week on iTV. Watch "YOUR IMMIGRATION LAWYERS" each week on iTV. Please contact us at info@visaserve.com for additional U.S. immigration law information or about how to subscribe to iTV.
seems clear that the infusion of these factors into an immigration plan could help to rekindle considerations for the immigration reform for the Fall. For further information about the ways that immigration reform may assist you, your friends or your family members, please feel free to contact one of the immigration lawyers or immigration attorneys at the Nachman Phulwani Zimovcak (NPZ) Law Group at info@visaserve.com or by calling us at 201-670-0006m (x107).
U NONIMMIGRANT STATUS CERTIFICATION: A HOOP THAT EVERY U VISA BENEFICIARY NEEDS TO JUMP THROUGH.
A foreign national who has been victim of criminal activity may qualify for U Nonimmigrant Status. The U nonimmigrant status (U visa) is set aside for victims of certain crimes who have suffered substantial mental or physical abuse and are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity.
The U visa was established under the Trafficking Victims Protection Act of 2000 (TVPA),[1] and was subsequently reauthorized in 2003, 2005, and 2008 (Trafficking Victims Protection Reauthorization Act, or TVPRA).[2] The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of aliens and other crimes while, at the same time, it aimed at providing humanitarian relief to a vulnerable population, most of which do not have lawful status in the United States. It provides legal status to victims of certain serious crimes who have suffered substantial physical or mental harm and can document cooperation with law enforcement. If favorably adjudicated, the U visa grants permission to remain and work in the U.S. for up to four years, and allows beneficiaries to eventually apply for lawful permanent resident status.
TO READ MORE, PLEASE CLICK HERE . . .
THE MANY FACES OF THE ASYLUM PROCESS: APPLYING FOR ASYLUM IN THE UNITED STATES. By Michael Phulwani, Esq., David Nachman, Esq. and Rabindra Singh, Esq. (statistics courtesy of the American Immigration Council - Washington DC)
Asylum is a protection granted to foreign nationals already in the United States or at the border who meet the international definition of a "refugee." A refugee is defined as a person who has been persecuted or has a well-founded fear of being persecuted "on account of race, religion, nationality, membership in a particular social group, or political opinion."
This definition derives from the United Nations 1951 Convention and 1967 Protocols ("Convention and Protocols")-international agreements to which the United States is a signatory. Congress incorporated this definition into U.S. immigration law in the Refugee Act of 1980. Also, the Convention and Protocols and U.S. law protect the asylum-seeker from "non-refoulement."

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U.S. UNDER
UNAUTHORIZED
STATUS | SECTION 245i | U Visa
- Hardship in America for those who do not have personal identification. Bars to returning to the U.S. for staying in the US in unauthorized status, ID cards to be handed out to illegal immigrants in the State of New York. - Section 245(i): Out of status immigrants have options to be grandfathered.
- Get a U visa to allow yourself to get back into status from being out of status in the U.S.
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BONA FIDES OF A MARRIAGE | ADOPTIONS | 221(g) ADMINISTRATIVE PROCESSING.
In order to obtain a green card (U.S. lawful permanent
In other words, under international law, a country cannot return or expel people to places where their lives or freedoms could be in jeopardy. Asylum status is granted by asylum officers or immigration judges. In FY 2012, 29,484 individuals were granted asylum. There are two asylum processes in the United States: the affirmative process and the defensive process.
TO READ MORE, PLEASE CLICK HERE . . .
WHAT YOU GET AS A CLIENT OF THE IMMIGRATION LAW OFFICES OF THE NPZ LAW GROUP - WE ARE U.S. AND CANADA IMMIGRATION LAWYERS - OUR PRACTICE IS LIMITED TO U.S. AND CANADIAN IMMIGRATION LAW:
At NPZ you get exclusive immigration law expertise. Does the law firm practice immigration law exclusively or does it practice other areas of law in addition to immigration law? At NPZ Law Group, we practice only immigration law. Immigration law is an extremely complex area of the law.
By limiting our practice to immigration law, NPZ Law Group is able to concentrate on what it does and knows best: United States immigration law.
Accessible immigration attorney. Will you be able to contact your lawyer easily? NPZ Law Group provides you with the cell phone number of the immigration lawyer responsible for your case so you can contact your lawyer if an emergency arises. Our firm understands how important each immigration case is to our clients. That makes each case important to NPZ Law Group and assures your case will receive individual attention.
TO READ MORE, PLEASE CLICK HERE . . .
DOS ANNOUNCEMENT ABOUT CHINA: EB-5 UNAVAILABLE FOR REMAINDER FY-2014.
The China Employment Fifth (EB-5) preference category has become "Unavailable" for the remainder of the FY-2014. This action is necessary because the maximum level of numbers which may be made available for use by China EB-5 applicants during FY-2014 has been reached" says Charles Oppenheim, Chief of the DOS Immigrant Visa Control and Reporting Division at the AILA EB-5 Conference.
Department of State Processing: The establishment of a monthly cut-off or "Current" status for a numerically controlled preference category applies to those applicants who were reported documentarily qualified prior to the determination of cut-off dates and allocation of visa numbers for that month.
Therefore, all China EB-5 applicants who have been scheduled for interview at an overseas post based on the original establishment of the August and September cut-off dates would have been allotted visa numbers for potential use by their case. Such applicants will not be impacted by the "Unavailability" of the China EB-5 category for the remainder of FY-2014.
USCIS offices may continue to accept and process China Employment Fifth preference cases and submit them in the normal manner.

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residence) based on marriage, you will have to prove that the marriage is bona fide. This means a marriage in which the two people intend, from the start, to establish a life together as husband and wife. ("Husband and husband" and "wife and wife" works, too -- as of the Supreme Court's 2013 decision to strike down the federal "Defense of Marriage Act" (DOMA), same- sex marriages count for U.S. immigration purposes, so long as they are legally valid in the state or country where they were entered into.)
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UPCOMING EVENT NJICLE: Immigration Aspects of Marrying a Foreign National - A Webinar
When:
Tuesday, September 30th, 2014
Time:
12:00 PM to 1:40 PM
For detailed information about NPZ's immigration law events, please click here . . .
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However, instead of being acted upon immediately, those cases will be held in the Visa Office's "Pending Demand" file until October 1, 2014. ***THIS INFORMATION IS PROVIDED COURTESY OF AILA - of which David Nachman, Esq., one of the Managing Attorneys at NPZ Law Group, is an AILA Mentor, a Former State of New Jersey AILA Chapter Chair and a present Member of the AILA National Business Immigration Committee
WHEN IS PRESIDENT PLANNING TO ACT ON IMMIGRATION REFORM?
A question that has been causing many of us to scratch our heads is "when President Obama will act on Immigration Reform?". According to Reuters report, on August 28th, 2014, President Obama said that he still planned to take steps on his own to improve the U.S immigration system but that his timeline for taking action has been affected by the need to deal with a flood of migrant children from central America.
We still keep wondering when the President will act. Obama also said that "some of these things do affect timelines, and we're just going to be working through as systematically as possible in order to get this done,"
TO READ MORE, PLEASE CLICK HERE . . .
U.S. DEPARTMENT OF STATE UPDATE: THE VISA BULLETIN FOR SEPTEMBER 2014 IS OUT!
The U.S. Department of State (DOS) has released the September 2014 Visa Bulletin. This is the twelfth and final Visa Bulletin of the 2014 US Fiscal Year, which began on October 1st, 2013. The October 2014 Visa Bulletin will begin the 2015 Fiscal Year.
The Philippines EB-3 jumped again. It is now at April 2011, which is a four year jump in the last four months. India EB-2 also moved forward steadily. It progressed to May 2009. The Chinese EB-3 number remained at November 2008. The "All Other" EB-3 held steady as well. It remains at April 2011.
FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .
"IMMIGRATION NEWS AND VIEWS" - NPZ'S NEW PRACTICAL SERIES ON YOUTUBE ABOUT VARIOUS U.S. AND CANADIAN IMMIGRATION LAW ISSUES.
INTRACOMPANY TRANSFER VISAS: THE L-1A VISA AND L-1B VISA.

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BORDER WAIT TIMES The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company which does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one. The employer must file a Form I-129, Petition for a Nonimmigrant Worker [http://www.uscis.gov/I-129], with fee, on behalf of the employee. The following information describes some of the features and requirements of the L-1 nonimmigrant visa program. General Qualifications of the Employer and EmployeeTo qualify for L-1 classification in this category, the employer must: Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); andCurrently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary's stay in the United States as an L-1. While the business must be viable, there is no requirement that it be engaged in international trade. Doing business means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad.
ASYLUM: THE SEVERAL WAYS THAT AN ASYLUM CASE CAN BE MADE IN THE U.S. Every year people come to the United States seeking protection

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- - - - - - - - - - - -
:: 201-670-0006 (X100)
:: info@visaserve.com
:: www.visaserve.com
because they have suffered persecution or fear that they will suffer persecution due to: RaceReligionNationalityMembership in a particular social groupPolitical opinionIf you are eligible for asylum you may be permitted to remain in the United States. To apply for Asylum, file a Form I-589, Application for Asylum and for Withholding of Removal, within one year of your arrival to the United States. There is no fee to apply for asylum. You may include your spouse and children who are in the United States on your application at the time you file or at any time until a final decision is made on your case. To include your child on your application, the child must be under 21 and unmarried. For more information see our Form I-589, Application for Asylum and for Withholding of Removal page on our website at http://www.visaserve.com
HAPPY LABOR DAY....