Section 221(g) of the Immigration and Nationality Act It is often the case when an applicant for a visa is told that a final decision cannot be made on his visa application immediately. In doing so, the consular officer invokes Section 221(g) of the Immigration and Nationality Act and informs the applicant that the case will be put on hold until the applicant’s eligibility for the visa can be determined. This processing “time-out” is taken frequently: approximately one million visa applications were subjected to 221(g) during 2010. Technically, 221(g) is considered a denial; in subsequent visa applications and registration in the Electronic System for Travel Authorization, this must be disclosed. Nevertheless, the overwhelming majority of 221(g) denials are overcome and visas issued. There are, in essence, two types of 221(g) cases: Washington-related “administrative processing”, in which a clearance or approval is required from an interested agency or agencies in Washington, D.C. Post-related, in which the consular officer requires additional time, information, or documentation before making a final visa decision. Clearances from Washington are required when the applicant presents issues of security, criminality, legal questions, technology exports from the US, other admissibility problems, or is from a country of concern. The question of a security “hit” can arise in a variety of situations, such as potential terrorists, individuals who previously worked as military or other attachés in the US for an unfriendly country, even if that work took place decades before, or even individuals who spent time in certain countries (e.g., Iran). To resolve these issues, a Security Advisory Opinion is needed. Often the “hits” arise because the applicant has a common name: other individuals with the same name are blacklisted, causing cases of mistaken identity or prolonged delays. Suspected criminal activity or ties (e.g., Russian mafia) can also lead to prolonged processing to allow for an investigation. In addition, consular officers refer some legal issues, such as certain material misrepresentations made in a visa application, to Washington for a legal advisory opinion. The application will be held in abeyance until receiving guidance from the Visa Office Advisory Opinion section.Administrative Processing - 221g

Administrative Processing - 221g

Filing of I-751 Waiver Application NPZ LAW GROUP, P.C. Attorneys Ridgewood New Jersey

What to do about getting 2 years conditional permanent resident status when there is divorce or divorce case is still pending?

You can file Form I-751 at "any time" if you have a final order of divorce or annulment. That's true even if your conditional green card is not close to its expiration date. But what happens if you haven't yet filed for divorce or your divorce is not yet final?

FOR DETAILED INFORMATION, PLEASE CLICK HERE...

Obama renews call for Senate immigration bill

Obama renews call for Senate immigration bill

“There are a few differences here and there, but the truth of the matter is that the Senate bill has the main components of comprehensive immigration reform that would boost our economy, give us an opportunity to attract more investment and high-skilled workers who are doing great things in places like Silicon Valley and around the country,” Obama said. “So let’s go ahead and get that done.”

Read more: http://www.politico.com/story/2013/12/barack-obama-senate-comprehensive-immigration-reform-bill-101401.html#ixzz2o99eCAZl

Comprehensive Immigration Reform (CIR): Parole in Place & Military Fami...

S. 744-passed senate; stalls in the house; backdrop of prez to get; house no wants to provide citizenship b/c 11 million will vote for Democrats could be end of Rep party; now Boerner puts person in charge of immigration who was with McCain!

Termination of Employment from Employer Sponsored Immigrant Petitions:

H-1B visas are nonimmigrant visas that allow foreign workers in specialized occupations to reside and work in the United States for a limited time period. To qualify, a foreign worker must be sponsored by a U.S. employer. Employers can terminate an H-1B visa worker without penalty; however, doing so causes the employee to immediately lose status to live and work in the United States. Because of the immediate circumstances for the employee, this triggers obligations for the employer. When terminating, the employer must begin by providing clear, unequivocal notification of a "bona-fide termination" to the employee. It must be done in writing and clearly indicate that the employment relationship has been terminated.  

VISA NUMBERS / RETROGRESSION

VISA NUMBERS / RETROGRESSION

Nancy Pelosi: Immigration reform on hold in House

Nancy Pelosi: Immigration reform on hold in House

Democrats have been pushing House Republicans to hold a vote on a landmark immigration reform bill that was passed in June, or try to work on their own immigration legislation. But Republicans have been apprehensive, with the most conservative members opposed to anything that could provide a pathway to citizenship or legalization for undocumented immigrants.

Read more: http://www.politico.com/story/2013/12/nancy-pelosi-immigration-reform-101014.html#ixzz2nMSSzx4t

Visa Bulletin December 2013

1. As of November 20th - No additional EB-2 visas will be allocated for EB-2 India for the rest of November. 2. Demand for EB-2 visa number is unprecedented 3. Majority of requests were because of upgrades where beneficiary had EB-3 and upgraded to EB-2. 4. Oppenheimer says that perhaps in August or September 2014, the last two months in FY, EB-2 India will advance to December 2008 as a priority date. 5. Factors that impact EB-2 retrogression are - usage of visa numbers in the EB-1 category that would "drop down" to EB-2; The number of EB-3 to EB-2 upgrades from worldwide and other countries; The number of EB-2 India Visa numbers used for applicants with priority dates before November 2004; and the fact that the total worldwide quote is about 8,000 visa numbers lower than the previous year.

Comprehensive Immigration Reform (CIR): Parole in Place & Military Fami...

S. 744 passed senate; stalled bill in the house; back-drop of President Obama to grant Prosecutorial Discretion; House does not want to provide a path to Citizenship because 11 million undocumented will vote for Democrats could be end of Republican Party; Now Speaker of House puts person in charge of immigration. who was with McCain! What does this all mean?

Comprehensive Immigration Reform (CIR): Parole in Place & Military Fami...

H-1B SEASON IS UPON US . . . WILL THIS YEAR'S ECONOMY BRING A LOTTERY? PLANNING FOR THE H-1B VISA SEASON IS KEY TO BEING ABLE TO CONTINUE YOUR WORK AUTHORIZED STATUS IN THE U.S. NPZ LAW GROUP, P.C. Attorneys Ridgewood New Jersey

It is that time of year again! We always hear the accountants moan and groan about the approaching April 15th deadline each year but, you have to listen a bit more closely and you will hear (and see) the U.S. business immigration lawyers and attorneys manifesting their distaste for the April 1st filing date for "cap" subject H-1B professional and specialty occupation workers.

Well, here we go again . . .

FOR DETAILED INFORMATION, PLEASE CLICK HERE...

Termination of Employment from Employer Sponsored Immigrant Petitions:

Termination of Employment from Employer Sponsored Immigrant Petitions:

Temporary Visas & Employment Based Visas

Temporary Employment Based Visas - OPT and H-1Bs. Green Cards and Visas. Nachman Phulwani Zimovcak (NPZ) Law Group looks out to issues for the April 1st H-1B Filing Date. H-1B Season is upon us and it is never too early to plan for your H-1B nonimmigrant professional and specialty occupation work visa. Consider AC-21 for extending the H-1B beyond the 6 years.

H-3 Trainee: Are Trainees good for you and your business?

H-3 Trainees allow businesses to provide a platform for expanding their businesses abroad using information that their employees can learn in the U.S.

H-3 Trainee: Are Trainees good for you and your business?

Religious Worker Visas: Make Sure You Know What You can and can't do

Religious Worker Visas come in different shapes and sizes. If you feel that you may be the beneficiary of a religious worker visa, please feel free to contact any of the immigration lawyers at the NPZ Law Group.

Religious Worker Visas: Make Sure You Know What You can and can't do

H-1B STAKEHOLDERS MEETING IN NEWARK, NEW JERSEY.

H-1B CAP CASES

L-1A SITE VISITS COMING

H-1B NONIMMIGRANT VISAS: IT IS NEVER TO EARLY TO PLAN FOR APRIL 1ST 2013

Poll indicates support for immigration reform - Seung Min Kim - POLITICO.com

Poll indicates support for immigration reform - Seung Min Kim - POLITICO.com

Politico reports that 52% of those surveyed in a new poll said they would be more likely to support a candidate who backs immigration reform, compared with 18% who said they would be less likely.

Will the H-1B and B-1 Landscape be changed forever? Indian corporation pays record $34 million fine to settle allegations of visa fraud and abuse of immigration processes. NPZ LAW GROUP, P.C. Attorneys Ridgewood New Jersey

Will the H-1B and B-1 Landscape be changed forever? Indian corporation pays record $34 million fine to settle allegations of visa fraud and abuse of immigration processes. NPZ LAW GROUP, P.C. Attorneys Ridgewood New Jersey

How the Infosys Settlement will change the US Immigration Law Arena - Will the H-1B and B-1 Landscape be changed forever? Indian corporation pays record $34 Million in Fines and Penalties.  

STUDENT VISAS TO H-1B VISAS AND H-1B FILINGS

Student Visas to H-1B visas:

OPT (Optional Practical Training) transferring to H-1B, CAP H-1B, CAP exemption, STEM visas, Employers filing or sponsoring while on OPT (Optional Practical Training), 

H-1B Filings:

Cap Gap, EAD and working during Cap Gap, Fees paid by employers and employees, Requirements for H-1B, Education and Experience requirements, Employer or Company requirements, Prevailing Wage, LCA issues

UPDATE ABOUT H-1B AND B-1 VISAS: THE INFOSYS CASE.

http://www.youtube.com/v/xylETl-Phcs?version=3&autohide=1&showinfo=1&autohide=1&feature=share&autoplay=1&attribution_tag=VXu_0gwaNYimeQOgRKQMqg

The Indian company Infosys has reached a record $34 million settlement with federal prosecutors in Texas, to settle "allegations of systemic visa fraud and abuse of immigration processes."

UPDATE ABOUT H-1B AND B-1 VISAS: THE INFOSYS CASE.

STUDENT VISAS TO H-1B VISAS AND H-1B FILINGS

STUDENT VISAS TO H-1B VISAS AND H-1B FILINGS

http://www.youtube.com/v/isI04KF0DlA?version=3&autohide=1&autohide=1&autoplay=1&showinfo=1&feature=share&attribution_tag=F7pxNCkObVUe9tenQ2fyYQ

Pre-Population of Section 1 by Electronic I-9 Programs Is Prohibited

H-1B TRANSFERS

H-1B Transfers: The H-1B is not actually transferred from one employer to another when an individual changes a job, however. While we understand what people mean when they refer to an H1B transfer, we take this opportunity to explain the concept.

H-1B Audits

H-1B AUDITS 

 

The USDOL audit procedure begins with the receipt of a letter from the USDOL Wage and Hour Division addressed to a specific person in the company's management requesting the production of certain documents relating to H-1B visas filed by the company.  

The Beacon: Applying for Citizenship? What to Know and Bring to Your Naturalization Interview

The Beacon: Applying for Citizenship? What to Know and Bring to Your Naturalization Interview

Applying for naturalization is part of a life-changing process. CIS has developed several tools to assist you. In addition to a Citizenship Resource Center, they have resources that help you understand what to submit with your application and what to bring to your interview. These tools include A Guide to Naturalization, a “Thinking About Applying for Naturalization?” 

H-1B (Portability or Premium Process)

H-1B TRANSFERS

The H-1B is not actually transferred from one employer to another when an individual changes a job, however. While we understand what people mean when they refer to an H1B transfer, we take this opportunity to explain the concept.

USCIS: USCIS Efforts in Florida Lead to Successful sentencing of Fake Immigration Attorney

USCIS: USCIS Efforts in Florida Lead to Successful sentencing of Fake Immigration Attorney

According to court documents, Constantinou presented herself to immigrants in the Tampa Bay and Orlando areas as an attorney who could assist them with immigration proceedings with the U.S. government. In reality, Constantinou is not a licensed attorney.

REMITTANCE SCHEME

The Hispanic Day Parade 2013 New York City

Border-Coaching: How Lawyers Should Advise their Clients about Entering ...

E-Verify is Currently Unavailable

E-Verify is Currently Unavailable

E-Verify is Currently Unavailable

U.S. Citizenship and Immigration Services sent this bulletin at 10/01/2013 10:46 AM EDT E-Verify is currently unavailable due to a government shutdown.
While E-Verify is unavailable, you will not be able to access your E-Verify account. As a result, you will be unable to:

• Enroll any company in E-Verify
• Verify employment eligibility
• View or take action on any case
• Add, delete or edit any User ID
• Reset passwords
• Edit your company information
• Terminate an account
• Run reports
• View 'Essential Resources.' Please note that all essential resources may be found by visiting www.dhs.gov/e-verify.

PERM: Does the Employer or the Employee Pay?

PERM: Does the Employer or the Employee Pay?

Food Festival 2013@

Great job JUSA! Although the weather was a little iffy the event was awesome!!! Nice taste of Japan/Korea in Paramus, New Jersey!

California gives immigrants driver's licenses - News-Sentinel.com

California gives immigrants driver's licenses - News-Sentinel.com

Democratic Gov. Jerry Brown signed the bill in front of a cheering crowd of immigrants and their supporters, predicting other parts of the country will follow the example set by the nation's most populous state.
The licenses, which are expected to become available no later than January 2015, will carry a special designation on the front and a notice stating that the document is not official federal identification and cannot be used to prove eligibility for employment or public benefits.

NPZ Attorneys Travel to India in November 2013

http://myemail.constantcontact.com/Nachman-Phulwani-Zimovcak--NPZ--Law-Group--P-C--s-Immigration-Update-.html?soid=1011188341227&aid=4ne5ddXhC0s

http://myemail.constantcontact.com/Nachman-Phulwani-Zimovcak--NPZ--Law-Group--P-C--s-Immigration-Update-.html?soid=1011188341227&aid=4ne5ddXhC0s

Nachman Phulwani Zimovcak (NPZ) Law Group's September Electronic Newsletter provides updates to U.S. and Canadian Immigration Law Issues. For additional information and/or questions about recent developments in the immigration law arena, please feel free to e-mail to us at info@visaserve.com 

Immigration must help economy - The Hill - covering Congress, Politics, Political Campaigns and Capitol Hill | TheHill.com

Immigration must help economy - The Hill - covering Congress, Politics, Political Campaigns and Capitol Hill | TheHill.com

Any comprehensive immigration reform has to make sense for the U.S. economy, and that means making sure our system prioritizes workers who can fill or create much needed jobs. Some of our country’s biggest industries are driven by immigrants, and we should do everything we can to facilitate growth and innovation in those sectors so that we stay globally competitive. Immigration has always been part of our national framework, and a smart, sustainable immigration policy would be a win-win for U.S. citizens and foreign-born Americans alike.

Read more: http://thehill.com/opinion/op-ed/325607-immigration-must-help-economy#ixzz2gUFc8GCs
Follow us: @thehill on Twitter | TheHill on Facebook

Government Shutdown Does Not Impact Our Ability To Work for Our Immigrat...

A NOTE TO OUR CLIENTS - While the government of the greatest country in the world has to close, Nachman Phulwani Zimovcak (NPZ) Law Group are still working hard on the preparation of your U.S. and Canadian immigration law cases! The U.S. government's respite is NOT a respite for us or the preparation of your cases!

Government Shutdown Does Not Impact Our Ability To Work for Our Immigrat...

Government Shutdown Does Not Impact Our Ability To Work for Our Immigrat...

CITIZENSHIP & NATIONALITY ISSUES, TRIP TO INDIA IN NOVEMBER 2013

CITIZENSHIP & NATIONALITY ISSUES, TRIP TO INDIA IN NOVEMBER 2013

CITIZENSHIP & NATIONALITY ISSUES, TRIP TO INDIA IN NOVEMBER 2013

Foreign Languages Speak: American Sign Language

Nachman Phulwani Zimovcak (NPZ) Law Group are Immigration Lawyers and Immigration Attorneys with offices in NY, NJ and with affiliated offices in Canada and India. NPZ assists clients worldwide with immigration to the U.S. and Canada speaking many foreign languages including, but not limited to, Spanish, Hindi, Gujarati, Tamil, Slovak, German, French, Nepalese, Japanese, Korean, American Sign Language (ASL) and Indian Sign Language.

Advance Parolo for DACA recipients

TRIP TO INDIA, U.S. CITIZENSHIP AND NATIONALITY

VISA BULLETIN FOR OCTOBER 2013, TRIP TO INDIA IN NOVEMBER 2013

VISA BULLETIN FOR OCTOBER 2013, TRIP TO INDIA IN NOVEMBER 2013

Immigration & you - Episode I - Diwali Stamp, Congresswoman Carolyn Maloney

Immigration & you - Episode I - Diwali Stamp, Congresswoman Carolyn Maloney

PRESS RELEASE: TAKING AIM AT FALSE CLAIMS TO U.S. CITIZENSHIP - DHS & DOS Seek to Amend Policies For False Claims by Minors. NPZ LAW GROUP, P.C. Attorneys Ridgewood New Jersey

Ridgewood, N.J. - One of the major reasons that Citizenship is denied to applicants is because they have made a "false claim to U.S. Citizenship".

Nachman Phulwani Zimovcak Law Group, P.C., an international Immigration Law Firm (with Offices in NY, NJ and affiliated offices in Canada and Mumbai) recently heard that the U.S. Department of Homeland Security (DHS) and the U.S. Department of State (DOS) have stated that they will amend the Field Manual and the Foreign Affairs Manual to reflect the following position:

(1) Only a knowingly false claim can support a charge that an individual is inadmissible under section 212(a)(6)(C)(ii) of the Immigration and Nationality Act. The individual claiming not to know that the claim to citizenship was false has the burden of establishing this affirmative defense by the appropriate standard of proof (for applicants for admission or adjustment, "clearly and beyond doubt").

TO READ MORE, PLEASE CLICK HERE...

The "I" Visa: Foreign Media Representatives

Obama: Senate immigration bill would pass House if it got a vote - Washington Times

Obama: Senate immigration bill would pass House if it got a vote - Washington Times

President Obama said Sunday the immigration reform bill that passed in the Senate would get through the Republican-controlled House if leadership put it up for a vote.

Read more: http://www.washingtontimes.com/news/2013/sep/15/obama-senate-immigration-bill-would-pass-house-if-/?utm_source=AILA+Mailing&utm_campaign=252b6893cd-AILA8_9_17_13&utm_medium=email&utm_term=0_3c0e619096-252b6893cd-287735621#ixzz2fCioJBlY
Follow us: @washtimes on Twitter

ASYLUM: THE SEVERAL WAYS THAT AN ASYLUM CASE CAN BE MADE IN THE U.S.

I-751: Lifting the Conditions in a Marriage Case

I-751: Lifting the Conditions in a Marriage Case

I-751: Lifting the Conditions in a Marriage Case

What To Expect at your Marriage Interview - I-130/I-485.

L-1A and E1-3 as compared to: EB-5 Types of Investor Visas for the Green...

CBP to Rollout New Arrival / Departure-Record Process for Foreign Visitors

Form I-9 Update: Platinum Builders of Central Florida, Inc.

Announcement: New Information on DOS Transition to Electronic DS-260

The DS-260, Online Immigrant Visa Application & Registration, and DS-261, Choice of Address and Agent, are fully integrated online electronic visa application forms used to collect the necessary application information from persons seeking immigrant visas. These online forms are completed and submitted online to the Department of State via the Internet through the Consular Electronic Applications Center (CEAC).

F2A Category being Current & Comprehensive Immigration Reform (If it doe...

There is good news for spouses and children (unmarried and under the age of 21) of lawful permanent residents, in the FB-2A category, this month! Starting August 1st, 2013 through at least August 31st, 2013, the FB-2A category has a current priority date for nationals all over the world.

Visa Denials

There are many reasons why a visa application may be denied. In some instances, the application is denied because necessary information or supporting documents were not submitted by the applicant. In other instances, the application is denied for more serious reasons. An applicant's current and/or past actions, such as drug or criminal activities, as examples, may make the applicant ineligible for a visa.

 

The Working of the Hague Convention

The Hague Convention on the Civil Aspects of International Child Abduction, or Hague Abduction Convention is a multilateral treaty developed by the Hague Conference on Private International Law that provides an expeditious method to return a child internationally abducted by a parent from one member nation to another.

Can I anticipate Travel and/or Consular Wait times?

Can I anticipate Travel and/or Consular Wait times?:

- High Season
- Timing
- F- Visa processing
- H-1B Visa Processing
- Summer Vacation
- Spring break
- Northern Border
- CBP
- Customers and Border Protection
- Port of Entry
- Visa
- Immigration
- Transfer

Immigration Options for Victims of Crimes: The U Visa

How Does One Become Eligible for U Nonimmigrant Status? - There are four statutory eligibility requirements. The individual must: The individual must have suffered substantial physical or mental abuse as a result of having been a victim of a qualifying criminal activity. The individual must have information concerning that criminal activity. Must have been helpful, is being helpful in the investigation or prosecution of the crime. The criminal activity violated U.S. laws

Global Gujarati Conference 2013 - Aug. 30, 31 & Sept. 1st

    Friends Of Gujarat proudly presents Global Gujarati Conference 2013- Come & Join this 3 Day event and make a pledge to make a Glittering Gujarat.
Powering the noble cause is Friends of Gujarat, a non-profit organization based in US and founded and headed by Mr. Kirit Patel. He along with the group of other highly motivated and passionate Gujarat's founded this organization with the vision of making its a Vehicle for giving back to our motherland and facilitate cultural and business exchange between Gujarat is in India and US.Friends of Gujarat seeks to nurture and nourish the future generation of Gujarat by providing for the needy with the belief that future Gujarat talent shoult not be squandered for want of resources & opportunities. As an organization our endeavor is to assist deserving Gujarat is in India in matters of education, business & finance, law & healthcare and if required, to help them become part of the ever growing Gujarat community in US

Announcement: New Information on DOS Transition to Electronic DS-260

Immigration Enforcement Policy Change a Win for Kids | First Focus Campaign for Children

Immigration Enforcement Policy Change a Win for Kids | First Focus Campaign for Children

The ICE reforms respond to a growing crisis for children, as immigration enforcement actions have intensified in recent years. The nonpartisan Human Impact Partners estimated earlier this year that more than 150,000 U.S. citizen children were affected by a parent’s detention or deportation in 2012, and the Applied Research Center has estimated that 5,100 children with a detained or deported parent are currently living in state foster care systems.

What do I do if I lose my immigration documents abroad?