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Publications

October, 2006

LOTTERY, DIVERSIFIED VISAS FOR 2008 REGISTRATION:

One entry is allowed per person.  Spouses and unmarried alien children under 21 must be named.  Each entrant must have a high school education or its equivalent or within the past 5 years had two years of work experience in an occupation requiring at least two years training or experience.

If an applicant wins the lottery he/she if physically in the U.S. must prove that he/she is eligible to adjust.  50,000 diversity visas are available for DV 2008.  No fee is charged for submitting an application.  The period of registration is between October 4, 2006 and ends on December 3, 2006.

The following countries are not eligible for this year’s diversity program:

China    Russia Poland
India   Canada   El Salvador
Pakistan  Mexico    Haiti
South Korea  Brazil    Jamaica
Philippines Colombia Peru
Vietnam Dominican Republic Great Britain

AGGRAVATED FELONIES AND ILLICIT TRAFFICKING IN DRUGS

The Supreme Court of the United States decided last week in its October term that
a state court conviction for possession of a small quantity of illegal drugs may not be treated as an aggravated felony for deportation purposes even though the state defined the trafficking as a felony.  The implications for an alien of a conviction for an aggravated felony means automatic deportation, a denial of the right to appeal and a permanent bar to reenter the U.S.  A drug trafficking crime is defined as any felony punishable under the Controlled Substance Act.  The government’s current view is that any state may define a controlled substance violation as a felony even though the quantity of drugs may be miniscule.  A majority of Supreme Court justices decided that state felonies for drugs shall not be dispositive and only the federal standard of what is an aggravated felony shall apply.  Otherwise, any state could banish any immigrant by labeling minor offenses as felonies.

THE CHILD STATUS PROTECTION ACT- REINTENTION OF PRIORITY DATES

A recent Board of Immigration Appeals (BIA) decision found that a minor child of a beneficiary of a preference petition, who ages out, viz, 21 years or older before the parent’s residence is granted, which resulted in making the child ineligible for the benefits of the parent’s preference, now may retain the earlier priority date of the original petition that enabled the parent to become a permanent resident.  The parent may apply for the child who would be eligible under the second preference as the unmarried son or daughter of the parent who obtained permanent residence.  The son or daughter may recapture the original priority date of the parent’s preference.

DENIAL OF AN APPLICATION/PETITION AFTER OCTOBER 1, 2006 MAY RESULT IN A NOTICE TO APPEAR (NTA) WHICH COULD RESULT IN A PROMPT REMOVAL HEARING

The Associate Director of the United States Citizenship and Immigration Services (USCIS) has ordered that NTA’s should be sent simultaneously with a Notice of Denial if the applicant appears removable and without apparent means of relief.  Before, NTA’s were normally only sent to applicants who appeared to have committed a fraud or to someone who appeared dangerous.  Now, any one who seems to be out of status may be subject to an NTA notice.   Even though the order allows for prosecutional discretion, the increasing stringent surveillance of aliens suggests that immigration officers will issue NTA’s without considering humanitarian concerns.  Hence it is crucial that an application/petition be reviewed carefully before sending it in to the USCIS because even minor mistakes such as incorrectly completing an affidavit of support, or because someone missed a previous appointment for fingerprints for adjustment of status could result in an NTA.

If you need help or advise, call us at 212-944-9420.

Our assistance is only a phone call, or e-mail communication away!

 

New York Immigration Lawyers > Immigration Publications > October 2006
Publications

Featured

GREEN CARD PARDONS FOR UNDOCUMENTED WHO ARE SPOUSES OR CHILDREN OF CITIZENS

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January 2012

EB-5 VISA FOR INVESTORS WHO FORM A NEW ENTERPRISE

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FINALLY - RELIEF FOR MANY UNDOCUMENTED!

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December 2011

J EXCHANGE VISAS

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SKILLED IMMIGRANT VISAS FROM CHINA & INDIA SHOULD DOUBLE IN NUMBERS WITH NEW LAW

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DEPORTATIONS REVIEWED, PROSECUTORIAL DISCRETION

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SELF- PETITIONS - PROVISIONAL RESIDENTS SEPARATED OR DIVORCED FROM U. S. SPOUSES

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November 2011

U VISAS: VICTIMS OF TRAFFICKING AND VIOLENCE

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September 2011

BPARTNERS AND INELIGIBLE FAMILY MEMBERS: B-2 STATUS & EXTENSIONS

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BUSINESS VISAS FOR START UP COMPANIES

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TRAINING VISAS (H-3)

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August 2011

ENTREPRENEURS - SELF PETITIONS

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WAIVERS

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July 2011

REMOVAL, PHYSICAL

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PROSECUTORIAL DISCRETION: FOCUSING ON ENFORCEMENT PRIORITIES

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INVESTORS : IMMIGRANT VISAS: EB-5

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INVESTOR VISAS E-2

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June 2011

NATURALIZATION, WHY & HOW

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CHILD CITIZENSHIP ACT

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ADVANCE PAROLE

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May 2011

O VISAS FOR EXTRAORDINARY ABILITY IN BUSINESS, SCIENCE, ARTS OR ATHLETICS

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SAME SEX MARRIAGE, REPRIEVE OF DEPORTATION

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K-1 FINANCE VISA AND DIVORCE

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April 2011

H-1B PETITIONS FOR FISCAL YEAR 2012

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GUILTY PLEAS TO CRIMES – IMMIGRATION IMPACT

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VAWA- VIOLENCE AGAINST WOMEN ACT

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DETENTION OF IMMIGRANTS

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March 2011

REMOVAL REMEDIES

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U VISA

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February 2011

Asylum Application filed late: What are your options?

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January 2011

CONSULAR VISA PROCESSING

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PROSECUTORIAL DISCRETION

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VOLUNTARY DEPARTURE - WHAT HAPPENS IF AN ALIEN FAILS TO LEAVE?

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December 2010

DRIVING WITHOUT A LICENSE AND STOPPED BY POLICE

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H-1B VISA AVAILABILITY SOON TO CLOSE

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APPEALS TO THE BOARD OF IMMIGRATION

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November 2010

J-1 WAIVER OF THE TWO YEAR FOREIGN RESIDENCE REQUIREMENT FOR EXCHANGE VISITORS

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CO-SPONSORSHIP, AFFIDAVITS OF SUPPORT

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WORK AUTHORIZATION

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DERIVATIVE CITIZENSHIP FOR CHILDREN BORN ABROAD

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October 2010

CITIZENSHIP APPLICATIONS

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T and U VISAS, REVISIONS TO THESE PROGRAMS

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APPEALS OR MOTIONS TO REOPEN AND RECONSIDER IN ASYLUM CASES AND JUDICIAL REVIEW

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DEPORTATIONS: SHIFT IN U.S. POLICY

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September 2010

RELIGIOUS IMMIGRANT WORKERS

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INTRA-COMPANY TRANSFEREE (L-1)

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PARDON REVIEW PANEL

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August 2010

TEMPORARY VISITORS (B-1 BUSINESS, B-2 PLEASURE) AND EXTENSIONS OF STAY

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BATTERED SPOUSES, PARENTS AND CHILDREN

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FIANCE(E) OF U.S. CITIZEN (K-1)

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July 2010

GREEN CARDS, NEW, SECURE AND PRIVATE, VALID FOR TEN YEARS

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DEPORTATION ORDERS MAY BE REOPENED

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June 2010

NATURALIZATION

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May 2010

Help for Immigration cases in Arizona

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April 2010

H-1B WORK VISAS

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March 2010

U.S. CITIZENSHIP FOR FOREIGN BORN & ADOPTED CHILDREN

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February 2010

TEMPORARY PROTECTED STATUS (TPS)

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ASYLUM

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January 2010

EXTENSION OF STAY AND CHANGE OF STATUS

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December 2009

GREEN CARDS

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November 2009

H-1B, SPECIALTY OCCUPATION

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October 2009

ASYLUM WAIVER APPLICATION

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September 2009

TPS DENIALS MAY NOW BE APPEALED TO AN IMMIGRATION JUDGE

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August 2009

INTRA-COMPANY TRANSFEREES (L-1)

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ASYLUM FOR BATTERED WOMEN

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July 2009

DEATH OF A U.S. PETITIONER:

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June 2009

ARRESTS OF UNDOCUMENTED ALIENS

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May 2009

CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS

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April 2009

VISITORS AND BUSINESS VISAS

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March 2009

RAIDS AND ROUNDUPS, IMMIGRATION

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February 2009

SPECIALTY OCCUPATION H-1

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January 2009

DEPORTATION ORDERS REOPENED

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December 2008

DIVORCE DOES NOT AUTOMATICALLY INVALIDATE

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November 2008

WHAT WE MAY EXPECT FROM PRESIDENT-ELECT OBAMA’S FIRST TERM

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CANADA OR MEXICO THREE YEAR PROFESSIONAL WORK VISAS

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October 2008

NEW BUSINESS START UP: L OR E VISAS

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September 2008

EXTENSIONS OF TEMPORARY STATUS

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August 2008

CHILDREN OF U.S. CITIZENS

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July 2008

MOTIONS TO REOPEN BASED ON CHANGE OF CIRCUMSTANCES AND NEW EVIDENCE

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June 2008

CHILD STATUS PROTECTION ACT, RECENT REVISIONS

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SPECIALIZED KNOWLEDGE FOR INTRA-COMPANY TRANSFEREES

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May 2008

EXTRAORDINARY ABILITY

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LABOR CASES - HIGHER EDUCATION

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April 2008

PAROLED ALIENS, ARE ELIGIBLE FOR GREEN CARD

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March 2008

IMMIGRANT, PUBLIC BENEFITS

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February 2008

IMMIGRATION INJUSTICE CORRECTION

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January 2008

FAST ACTION FOR IMMIGRATION DELAYS

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December 2007

BATTERED SPOUSE OR CHILD

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REVIEW OF GREEN CARD DENIAL

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November 2007

DIVERSITY VISA PROGRAM, 2009 LOTTERY

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September 2007

DETENTION AND REMOVAL, HELP AVAILABLE

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August 2007

A WAY TO OBTAIN RESIDENCE

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July 2007

EMPLOYMENT VISAS

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June 2007

IMMIGRATION REFORM

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