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UPCOMING EVENT
5th Annual Art Law Symposium Selected Issues in the Art World
When:
September 27, 2018
Time:
3:00 PM - 6:00 PM ET
Where:
New Jersey Law Center
1 Constitution Sq. New Brunswick, NJ 08901
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PRESS RELEASE: DAVID H. NACHMAN, ESQ. APPOINTED AS CHAIR OF THE NJSBA INTERNATIONAL LAW COMMITTEE
The New Jersey State Bar Association (NJSBA) recently announced its appointment of David Nachman, Esq., one of the Managing Attorneys of Nachman Phulwani Zimovcak (NPZ) Law Group, P.C., as Chair of the NJSBA International Law Committee for 2018-2019.
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KNOW YOUR RIGHTS!
If you are stopped by an immigration officer or the police; you can choose to:
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NPZ'S OFFICES*:
NPZ'S NORTHERN NEW JERSEY OFFICE:
VISASERVE Plaza
487 Goffle Road
Ridgewood, NJ 07450
Phone: 201-670-0006 (x107)
Please feel free to ask about our presence in Boston, MA. and in Chicago, IL.
* Please note that our immigration law practice is national and international in scope. We assist our clients throughout the U.S. and throughout the world.
NPZ'S CENTRAL NEW JERSEY OFFICE:
1348 U.S. 202
Neshanic Station
NJ 08853
Phone: 1-866-599-3625
NEW YORK CITY OFFICE:
108 West 39th Street
8th Floor, Suite 800
New York, NY 10018
Phone: 1-866-599-3625
INDIANA OFFICE:
Indianapolis City Center
201 North Illinois Street
16th Floor, South Tower
Indianapolis, IN 46204
INDIA AFFILIATED OFFICES:
Kaival Chalishazar, Adv.
Kaival Chalishazar & Co.
22 Vasant Kunj
New Sharda Mandir Road, Paldi, Ahmedabad 380007, India
ATT: Call Kaival at x107
(This office provides "on the ground" services to our Indian clients such as India Divorce, India Real Estate Purchase and Sale, Business Sale Purchase, Adoption, Litigation and High Court Complaints).
Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. (Mailing Address only - Offices in Ahmadabad)
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c/o Mr. Shishir Goyal, Authorized Agent
201 Nepean House
85 Nepean Sea Road
Mumbai 400006, India
Call us at
201-670-0006 (x104) for contact details.
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Shekhar Raj Sharma
SRS Legal
A1/134, Safdurjung Enclave,
Lower Ground Floor
New Delhi-29, India
(This office provides "on the ground" services to our Indian clients such as India Divorce, India Real Estate Purchase and Sale, Business Sale Purchase, Adoption, Litigation and High Court Complaints)
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Dear Readers:
On August 3rd, 2018, the U.S. District Court for the District of Columbia issued an Order reaffirming the April 24th, 2018 ruling that the government's decision to rescind DACA was unlawful and must be set aside. The decision means that the government must fully restart the DACA program. The court's decision has been on hold for 20 days to permit the government to determine whether it intends to appeal the decision and, if so, to seek a stay pending appeal.
Trump's family separation policy is leaving a growing number of victims in its wake. Hundreds of volunteer immigration lawyers have descended on the border to accompany reunited families to ICE check-ins to ensure that their rights are protected. We continue to seek to raise awareness about due process violations, lack of access to legal counsel, restrictions on asylum seekers, and the need for immigration court reform.
One such encroachment are the attacks on the independence of immigration judges which is being spearheaded by none other than Attorney General Sessions.
On the USCIS front, last week, the agency announced the implementation of the new NTA guidance would be postponed "until operational guidance is issued." Although this is a sign that the logistical issues associated with implementing the memorandum (as written) may be more complicated than USCIS envisioned, we should assume that the policy will eventually move forward.
The Immigration and Nationality Lawyers at NPZ Law Group continue to carefully track the latest court cases and policy changes. We understand that changes are coming "fast and furious" and we continue to remind our readers that if they should have any questions about the ways in which these changes may impact their US immigration status then they should feel free to reach out for us directly.
We remind our readers that we are Immigration and Nationality Lawyers and that we are available to assist you, your friends, your family and/or your colleagues with any US immigration law matters. Please feel free to contact NTA this us by e-mail at
[email protected] or by phoning us at 201-670-0006 (x107).
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EB-5 VISA (ENTREPRENEURS OR INVESTORS) - COMPLETE ROAD MAP OF THE APPLICATION PROCESS.
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Congress created the EB-5 immigrant investor visa category in the Immigration Act of 1990 in the hopes of attracting foreign capital to the US and creating jobs for American workers in the process. The overall advantage of the EB-5 visa category is that it allows the beneficiary to engage in commercial enterprise anywhere in the US subject only to some restriction in the pilot program targeting certain areas.
In general, the EB-5 Visa is an employment-based immigrant visa category that provides permanent resident status in the United States. EB-5 visas are issued through the U.S. Immigrant Investor Program, which is overseen by the U.S. Citizenship & Immigration Services (USCIS). The Program allows foreign nationals the opportunity to become conditional permanent residents for a period of two years upon making an investment of $500,000 or $1 million. For the Investor Visa process in a "regional center", the investment must be in a "new commercial enterprise" that is located in a designated Targeted Employment Area and must create at least ten new jobs for U.S. workers, either directly or indirectly. Once the job creation requirement is met, the conditions are removed and investors obtain unconditional permanent residency.
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USCIS ISSUES REVISED FINAL GUIDANCE ON UNLAWFUL PRESENCE FOR STUDENTS AND EXCHANGE VISITORS.
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U.S. Citizenship and Immigration Services (USCIS) has published a revised final policy memorandum (PDF, 129 KB) related to unlawful presence after considering feedback received during a 30-day public comment period that ended June 11th, 2018. Under the revised final policy memorandum, effective August 9th, 2018, F and M and J nonimmigrants who fall out of status and timely file for reinstatement of that status will have their accrual of unlawful presence suspended while their application is pending.
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SAMANTHA'S TIPS: IMMIGRATION COURT 101.
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Samantha Chasworth, Esq. joins NPZ Law Group and focuses on Deportation and Removal Practice. In this very difficult immigration environment our Immigration and Nationality Lawyers are finding that Removal/Deportation support is more important than ever. Samantha shares some basic Immigration Court pointers:
1. Although you have a hearing notice, it is a good idea to check your hearing date.
To do this, you will need a phone and your A#. Call the Immigration Court Hotline at 1-800-898-7180 and follow the prompts. If you are a Spanish-speaker, you can even have this information read to you in Spanish. I recommend checking your hearing date about once a week.
2. You MUST go to your scheduled hearing on time.
You should always go to your Immigration Court hearings. Even if you are scared, the outcome will absolutely be worse if you do not show up, or if you arrive late. This is because if you are not present at the time the Immigration Judge calls your case, you will be ordered removed from the United States.
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This article covers the most FAQs on EB-5 Visa that can help the applicant to understand the process and its basic requirements.
What are the filing procedures for the EB-5 visa?
An applicant for the EB-5 visa must file Form I-526, Immigrant Petition by Alien Entrepreneur with the appropriate regional USCIS Service Center including fees and evidence supporting the application as described in this article.
What are the basic requirements for the EB-5 visa?
There are three basic requirements as follows:
* First, the alien must establish a business or invest in an existing business that was created or restructured after November 19,1990
* Second, the alien must have invested $1 million ($500,000 in some cases) in the business
* Third, the business must create full-time employment for at least 10 US workers
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FORM I-9 INSPECTION OVERVIEW.
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On November 6th, 1986, the enactment of the Immigration Reform and Control Act required employers to verify the identity and employment eligibility of their employees and created criminal and civil sanctions for employment related violations. Section 274A (b) of the Immigration and Nationality Act (INA), codified in 8 U.S.C. § 1324a (b), requires employers to verify the identity and employment eligibility of all individuals hired in the United States after November 6, 1986. 8 C.F.R. § 274a.2 designates the Employment Eligibility Verification Form I-9 (Form I-9) as the means of documenting this verification. Employers are required by law to maintain for inspection original Forms I-9 for all current employees. In the case of former employees, retention of Forms I-9 are required for a period of at least three years from the date of hire or for one year after the employee is no longer employed, whichever is longer.
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DOS VISA BULLETIN UPDATE: VISA BULLETIN FOR SEPTEMBER 2018 - IF YOUR "PRIORITY DATE" IS CURRENT PLEASE LET US KNOW?
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This month's visa bulletin also includes some short-term predictions for FY19.
Employment-Based, First Preference (EB-1) Category
The cutoff dates for EB-1 India and China hold fast at January 1st, 2012. For all other countries of chargeability, EB-1 advances to June 1st, 2016.
Employment-Based, Second Preference (EB-2) Category
In September, EB-2 India retrogresses to January 1st, 2007. For all other countries of chargeability, this category retrogresses to a January 1st, 2013 cutoff date.
In the October 2018 Visa Bulletin, which will be the first visa bulletin of FY19, EB-2 India should return to a cutoff date of March 15th, 2009, and then see advancement of about one-to-two weeks per month. For EB-2 China, the cutoff date should return to March 1st, 2015, but then see very little movement in the short-term.
Employment-Based, Third Preference (EB-3) Category
EB-3 India falls back all the way to a January 1st, 2003 cutoff date. EB-3 China advances to November 1, 2014. EB-3 for all other countries of chargeability retrogresses to a November 1st, 2016 cutoff date.
Again, this retrogression is only temporary. These categories will return to the dates in the August 2018 Visa Bulletin at the start of FY19. EB-3 China is then expected to advance by up to five weeks per month. EB-3 India, unfortunately, will see "slow movement pending receipt of demand from recent advances."
The cutoff dates for the EB-3 other workers category match those of the standard EB-3 category for all countries, except China. EB-3 other workers for China has a May 1st, 2007 cutoff date.
Employment-Based, Fifth Preference (EB-5) Category
The EB-5 category remains current for all countries of chargeability, with the exception of China and Vietnam. The cutoff date for these two countries remains at August 1st, 2014.
For the beginning of FY19, EB-5 China is expected to advance by up to one week per month. Meanwhile, EB-5 Vietnam should see steady forward movement.
In the coming months, the EB-5 category should remain current for all other countries of chargeability. However, there are indications that, at some point during FY19, a cutoff date will need to be established in the EB-5 category for India, South Korea, Taiwan, and Brazil.
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NPZ ASSISTS FOREIGN NATIONALS IN THE GREATER SOUTH AMERICA AND SPANISH COMMUNITY - OUR STAFF SPEAKS SPANISH AND MANY OTHER LANGUAGES.
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1. Incluso si usted tiene un aviso de audiencia, es una buen idea para chequear su fecha de audiencia.
Para hacer esto, necesita un teléfono, y su número A. Puedes llamar la Línea Directa del Corte de Inmigración a 1-800-898-7180 y siga las instrucciones. Si usted habla español, puede hacer que esta información le lea en Español. Recomiendo de chequear su fecha de audiencia aproximadamente una vez a semana.
TO READ MORE, PLEASE CLICK HERE . . .
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NPZ ASSISTS FOREIGN NATIONALS IN THE GREATER BRAZILIAN AND PORTUGESE COMMUNITY - OUR STAFF SPEAKS PORTUGUESE AND MANY OTHER LANGUAGES.
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Por que muitos diplomatas se opõem à deportação de beneficiários do TPS?
O presidente dos Estados Unidos, Donald Trump, continua com a sua aparente meta de deportação de milhares de pessoas que detêm o Status de Proteção Temporária (TPS na sigla em inglês). O governo Trump continua com essas ações, apesar da oposição de vários diplomatas de carreira.
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CHECKOUT VISASERVE'S REGULARLY UPDATED YOUTUBE VIDEO LIBRARY (SOME SELECTIONS BELOW) ABOUT U.S. AND CANADIAN IMMIGRATION LAWS:
"IMMIGRATION NEWS AND VIEWS" - NPZ'S NEW PRACTICAL SERIES ON YOUTUBE ABOUT VARIOUS U.S. AND CANADIAN IMMIGRATION LAW ISSUES.
Check us out at . . .
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I-751: LIFTING THE CONDITIONS IN A MARRIAGE CASE.
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Your permanent residence status is conditional if it is based on a marriage that was less than 2 years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or adjustment of your status to permanent residence.
Your status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States. To remove these conditions you must file Form I-751, Petition to Remove Conditions on Residence.
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HAPPY INDEPENDENCE DAY
TO
PAKISTAN AND INDIA!!!
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