U.S. & CANADIAN IMMIGRATION LAW UPDATE: CSPA, Renewal of DACA, CIR, NAFTA, TN Applications at the POE.

http://archive.constantcontact.com/fs147/1011188341227/archive/1117653321350.html[6/16/2014 2:43:59 PM]
Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. -
U.S. and Canadian Immigration and Nationality
Newsletter and Update.
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.
"DEFINING
PARTNERSHIP OF
21ST CENTURY": E
VISA POSSIBILITY
FOR INDIAN
CITIZENS?
SOME H-4 VISA
HOLDERS MAY BE
ABLE TO WORK SOON
AND SOME OTHER
U.S....IMMIGRATION
REGULATORY AND
REFORM UPDATES.
THE LONG AWAITED
DACA RENEWAL
PROCESS IS
RELEASED BY THE
USCIS - SEE THE NEW
FORM.
PASSPORT CONTROL
Dear Readers:
In Scialabba v. Cuellar de Osorio, a heavily-divided U.S.
Supreme Court ruled against thousands of aspiring young
immigrants who were included on their parents' visa petitions
as minors, but who turned 21-known as "aging-out" before
visas became available. Aging-out is tantamount to someone
losing his place in the visa line with his parents. In the case,
the majority ruled despite having waited his turn in line, the
mere fact that the child aged-out means that his time was lost
and the case could not be converted into a more appropriate
visa category.

Under the Supreme Court's decision, these young adults now
will likely be separated from family members for years-and in
many cases, decades-to come. The Court's decision rejects
a common-sense approach to the Child Status Protection Act
(CSPA). The irony is that the advice of a bipartisan group of
present and former members of Congress, who explained in
an amicus curiae brief exactly how the law was intended to
reunite families, was not followed. The nine justices issued
four opinions in the case. All agreed that the CSPA
compensates an aged-out child by automatically converting a
parent's original visa petition to the appropriate category and
by allowing an individual retain the "priority date" of the
original visa petition. This benefit means that the aged-out
child can be credited with the time already spent waiting for a
visa with family when entering the line for the new visa. This
prevents them from having to begin again at the back of the
new visa line.

The sole question before the Court was to whom these CSPA
benefits applied. Were all aged-out children entitled to the

UPDATE: CBP
AUTOMATED
PASSPORT CONTROL
INFORMATION AND
FAQ's.
PLEASE BE SURE TO
CHECK YOUR
PRIORITY DATE: THE
VISA BULLETIN FOR
JULY 2014 IS OUT!
NEW CHANGES IN
HIRING
INTERNATIONAL
STUDENTS.
NAFTA APPLICATIONS
AT THE BORDER.
WHAT CAN I BRING
INTO CANADA WITH
ME?
IMMIGRATION NEWS
AND VIEWS: WHY IS
PRESIDENT OBAMA
NOT PUSHING THE
COMPREHENSIVE
IMMIGRATION
REFORM (CIR)?
PRIME MINISTER OF
INDIA, NARENDRA
MODI'S, VISA DENIAL.
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
benefits, no matter what the original visa category, or just
children who originally fell within one visa category-the
children of lawful permanent residents? On the question
before the Court there was little agreement. In particular, the
justices were concerned with the concept of "automatic
conversion." How could one type of petition filed by a
parent's relative-on which the child was originally included-
automatically convert to one that was filed directly on behalf of
the aged-out child? Justice Alito's answer, in his dissenting
opinion, offers a sound solution . . . if there is an appropriate
category to which the petition can convert, it should be
converted; if not, there will not be a conversion.

More importantly, he notes that with respect to the families in
the case, by the time the parents had all become permanent
residents and filed new petitions for their aged-out children,
an appropriate category existed: that for adult children of
lawful permanent residents. Because the aged-out children
now fell within this visa category, Justice Alito would have
held that they were entitled to the CSPA benefit.

Of course, this Court decision means that the President will
have the even harder decision of whether or not to take some
form of administrative action. For additional information about
the CSPA or Aging-Out or about what to do to advance cases
of those whose cases are taking a long time, please feel free
to contact the immigration and nationality lawyers and
attorneys at the NPZ Law Group at info@visaserve.com or
by calling them at 201-670-0006 (x107).
"DEFINING PARTNERSHIP OF 21ST CENTURY": E
VISA POSSIBILITY FOR INDIAN CITIZENS?
On June 5th, 2014, it was announced that India's new Prime Minister,
Narendra Modi, will have a bilateral meeting with the U.S. President
Barack Obama in the last week of September this year. Among other
things, it is a great opportunity for both leaders to discuss the long
pending Bilateral Investment Treaty (BIT) between both the countries.

While investment treaty between India and the U.S. would provide
important protections to U.S. investors in India, it will also certainly
provide a great opportunity to the Indian businessmen to invest and
establish businesses in the United States using E nonimmigrant visa.
Both Washington and New Delhi want to embrace the idea of BIT but
so far they have not been able to reach a common ground and gather
political support.

TO READ MORE, PLEASE CLICK HERE . . .
SOME H-4 VISA HOLDERS MAY BE ABLE TO WORK
SOON AND SOME OTHER U.S. IMMIGRATION
REGULATORY AND REFORM UPDATES.
First, as many of our readers already know, a long-pending regulation
has finally made it to the Federal Register. Soon, certain H-4 spouses
will be able to work in the U.S. Other regulations have been published
in the Federal Register to conform certain highly-technical legal

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.

Ombudsman | How
to effectively
process your L-1B
and H-1B | Request
for Evidence (RFE).
Dealing with CIS
Templates. What is
L-1B "specialized
knowledge"?

-
How to effectively
process your L-1B
and H-1B.
Specialized
knowledge.
- Definition on an
RFE

- Communicating
with the
Ombudsman, when it
is helpful to get a
lawyer to help you
through this process.
Getting help from a
Congressman,
Lawyer or AILA
Liaison.

Deportations and
Removals | Obama
nuances to "reality".

Additionally, we are pleased about the liberalization of the rules of
evidence for EB-1(2), Outstanding Researcher and Professor cases.
Also, in an attempt to conform an obsolete and highly-technical rule to
reality, H-1B1 and E-3 extension filings will be afforded an additional
240 days of work authorization while the extension applications are
pending with the USCIS.

Also, there was a new policy promulgated with regard to the submission
of medical reports to the USCIS. Medical reports from the Civil
Surgeon will be valid for one year from being signed and for one year
after submission.

THE LONG AWAITED DACA RENEWAL PROCESS IS
RELEASED BY THE USCIS - SEE THE NEW FORM.

"Secretary of Homeland Security Jeh Johnson today announced the
process for individuals to renew enrollment in the Deferred Action for
Childhood Arrivals (DACA) program. U.S. Citizenship and Immigration
Services (USCIS) has submitted to the Federal Register an updated
form to allow individuals previously enrolled in DACA, to renew their
deferral for a period of two years.

At the direction of the Secretary, effective immediately, USCIS will
begin accepting renewal requests. USCIS will also continue to accept
requests for DACA from individuals who have not previously sought to
access the program. As of April 2014, more than 560,000 individuals
have received DACA.

FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .
PASSPORT CONTROL UPDATE: CBP AUTOMATED
PASSPORT CONTROL INFORMATION AND FAQ's.
Earlier this month, CBP released information on automated passport
control at U.S borders. Automated Passport Control (APC) is a U.S.
Customs and Border Protection (CBP) program that expedites the
entry process for U.S., Canadian and eligible Visa Waiver Program
international travelers by providing an automated process through
CBP's Primary Inspection area using self-service kiosks to submit
declaration forms and biographic information.

FOR DETAILED INFORMATION ON THE APC PROCESS AND
LOCATIONS OF APC KIOSKS, PLEASE CLICK HERE . . .
PLEASE BE SURE TO CHECK YOUR PRIORITY DATE:
THE VISA BULLETIN FOR JULY 2014 IS OUT!
The Department of State has released its July 2014 Visa Bulletin. The
Philippines EB-3 jumped again. It is now into 2009, which is a two year
jump in the last two months.

Good news for India EB-2. India EB-2 also moved forward. It
progressed four years to September 2008. However, the wait-times are
still significant and we continue to monitor CIR as an alternative here.
Consider whether you or your spouse has a good EB-1 case. As we
handle many EB-1 cases, please feel free to contact us for a quick

has deported about
2 million people.

Deportations: President
Obama asked Jeh
Johnson to review
Removal - Deportation
policy to make it a more
humane process;
Obama, commonly called
the "Deporter in Chief",
has deported about two
million people.

=============

UPCOMING EVENTS

NJICLE: U.S.
Immigration Law
Basics.

When:
Thursday, June 26,
2014

Time:
9:00 AM to 4:30 PM

Where:
NJ Law Center
One Constitution
Square
New Brunswick, NJ

* * * * * * *

NJICLE: Hiring,
Retaining &
Terminating
Foreign Nationals
- A Webinar

When:
Tuesday, September
30th, 2014

Time:
12:00 PM to 1:40 PM

For detailed
evaluation.

The Chinese EB-3 number remains at October 2006. Other EB-3s did
not advance or retrogress. It remains at April 2011. It is not likely to
progress until October, the beginning of the fiscal year.

FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .
CANADIAN IMMIGRATION LAW UPDATES:
NPZ NEWS FROM NORTH OF BORDER.
NEW CHANGES IN HIRING INTERNATIONAL
STUDENTS.
Effective immediately, the Department is ending the Recruitment and
Advertisement Exemption for employers wishing to hire international
students who have graduated from recognized Canadian post-
secondary institutions and whose Post-Graduate Work Permit (PGWP)
is expiring. Employers submitting a labour market opinion (LMO) to
hire an individual transitioning from the PGWP must now ensure that
they meet all of the Program requirements for the applicable stream:

TO READ MORE ON "REQUIREMENTS OF HIGHER AND LOWER
SKILLED OCCUPATION", PLEASE CLICK HERE . . .
NAFTA APPLICATIONS AT THE BORDER: An Article by
Ms. Arifa Serter, a Legal Intern at the Nachman Phulwani
Zimovcak (NPZ) Law Group in the CLG Division.
The North American Free Trade Agreement, otherwise known as
"NAFTA," is a treaty which allows Americans, Canadians, and
Mexicans to work temporarily in one of these three countries for certain
jobs or occupations listed under NAFTA. Going into the U.S.A., a
person applies to secure what is called a "TN visa." The equivalent
visa on the Canadian side is more commonly referred to as a "Work
Permit under NAFTA."

A foreign national can easily apply for the TN Visa, under NAFTA, at
any Point of Entry (i.e. Airport or Land Border). Nonetheless, sufficient
time and energy is required for a successful NAFTA application. As a
Canadian citizen who came to work for a law firm in the U.S.A., I have
personal experience with the preparation and obtaining of a TN visa.

Furthermore, as part of my internship at CLG, I have also assisted in
the preparation of these work permit applications. I know first-hand the
importance of completing the NAFTA application package with great
care and detail.

TO READ MORE ON "PERSONAL EXPERIENCE OF NAFTA
APPLICATION AND TIPS TO APPLY", PLEASE CLICK HERE . . .
WHAT CAN I BRING INTO CANADA WITH ME?
For our clients who have successfully secured a work permit, or
permanent residence, for Canada, the next question often is: "What
can I bring with me when I go?" Here are some useful tips to facilitate
your entry to Canada.

information about
NPZ's immigration
law events, please
click here . . .
*******

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"IMMIGRATION NEWS AND VIEWS" - NPZ'S
NEW PRACTICAL SERIES ON YOUTUBE
ABOUT VARIOUS U.S. AND CANADIAN
IMMIGRATION LAW ISSUES.
WHY IS PRESIDENT OBAMA NOT PUSHING THE
COMPREHENSIVE IMMIGRATION REFORM (CIR)?
While it's a top priority for the president's first term, White House
spokesman Nick Shapiro says "the president has consistently said that
he wants to start the discussion later this year because our immigration
system is broken ... but the economy comes first."
The White House insisted that Thursday's New York Times story
reporting that President Obama would start addressing immigration
"isn't news." Administration officials say the president previously told
members of the Congressional Hispanic Caucus and the Hispanic
Chamber of Commerce that he's always planned to start discussions
on immigration reform this year.
"There are a lot of things on his plate and a lot of pressing issues
relating to the economy. I don't think he expects that it will be done this
year," White House press secretary Robert Gibbs said Thursday.
NEW ECONOMIC OPPORTUNITIES FOR INDIA:
PRIME MINISTER OF INDIA NARENDRA MODI VISA
DENIAL .

- - - - - - - - - - - -
:: 201-670-0006 (X100)
:: info@visaserve.com
:: www.visaserve.com
Both Washington and New Delhi want to embrace the idea of BIT but
so far they have not been able to reach a common ground and gather
political support. The enthusiasm of the United States in
entering a BIT with India can be sensed through a letter sent by the
members Senate India Caucus, U.S. Senate, urging the President
Barack Obama to expedite the ongoing discussions about the treaty
between the U.S. and India. The letter, in pertinent part, states that:
"Many countries have already recognized and acted upon the
incredible economic opportunities India presents. India has completed
investment agreements with 80 countries including all major European
nations, ASEAN, Japan and South Korea. In order to overcome the
competitive disadvantage already facing American companies in the
Indian marketplace, it is imperative that the United States move
forward quickly to negotiate and conclude this treaty..."

U.S. & CANADIAN IMMIGRATION LAW UPDATE: CSPA, Renewal of DACA, CIR, NAFTA, TN Applications at the POE.

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U.S. & CANADIAN IMMIGRATION LAW UPDATE: CSPA, Renewal of DACA, CIR, NAFTA, TN Applications at the POE.