Immigration News Update
© 2013 LAW OFFICES OF NORKA M. SCHELL, LLC. All Rights Reserved.


212-258-0713
Representing clients in 
New York and all over the U.S.

Immigration News Update

THE DIVERSITY IMMIGRANT VISA PROGRAM

by Norka Schell, Attorney on 11/02/17


This section of the website explains the entry process (also called “registration”) for the Diversity Immigrant Visa (DV) Program, which is the first step in pursuing a diversity immigrant visa. Additional steps are covered in subsequent pages, and are displayed on the visual flow chart above.

Please view our video for an introduction to the Diversity Visa program, and step-by-step guidance to help you submit an entry. (Note: minor changes have been made to the DV-2019 entry form, but the instructions provided in the video are still valid.)

Section 203(c) of the Immigration and Nationality Act (INA) provides for a class of immigrants known as “diversity immigrants,” from countries with historically low rates of immigration to the United States. A limited number of visas are available each fiscal year. The DVs are distributed among six geographic regions and no single country may receive more than seven percent of the available DVs in any one year.

For a list of countries/areas by region whose natives are eligible for DV-2019 and DV-2018, please refer to the DV Instructions.

The requirements for the DV program are established by U.S. immigration law. If you are planning to register for the DV program, be sure to look closely at the requirements for this type of visa. 

Information extracted from U.S. Visa - U.S. Department of State - Bureau of Consular Affairs.

Court Order on Presidential Proclamation on Visas (October 17, 2017)

by Norka Schell, Attorney on 10/29/17

On October 17, 2017, the U.S. District Court for the District of Hawaii ordered that the government not enforce or implement Sections 2(a), (b), (c), (e), (g), and (h) of Presidential Proclamation 9645 (P.P.) titled “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or other Public-Safety Threats.”  

In light of this order, visa applicants who are nationals of Chad, Iran, Libya, Syria, Yemen, and Somalia are not subject to any of the restrictions or limitations under the Presidential Proclamation, regardless of whether they have a credible claim of a bonafide relationship with a person or entity in the United States.  Their visa applications will be adjudicated in accordance with the INA, any other applicable immigration laws, and generally applicable visa processing standards, without regard to the Presidential Proclamation or related implementing procedures.  Note that the entry restrictions in Executive Order 13780 have expired by their terms.

IMMIGRATION ATTORNEY IN NEW YORK CITY, NEW YORK

by Norka Schell, Attorney on 09/11/17

ORDER OF SUPERVISION

If you have been placed on an order of supervision, then an attorney from our firm can provide you with substantial information regarding your situation. An order of supervision is issued when an individual has been released from physical custody of the Immigration and Customs Enforcement (ICE). The order marks a waiting period that precedes the obtainment of a final order of removal. This order is usually issued if it is unlikely that the alien can be removed in the near future.

WHAT MUST BE DONE DURING AN ORDER OF SUPERVISION?

If you are under an order of supervision, then there are specific actions that must be taken. This order requires you to periodically report to an immigration officer. It also may require you to obtain permission if you plan to travel out of state. If an order of removal is given, then you may have to obtain necessary travel documents. You will also have to keep the immigration officer informed of any personal information changes made, such as a change of address. There are also rare cases that require a GPS bracelet to be worn at all times. Being subject to an order of supervision is a time of limited freedom for those who are not yet required to be removed from the country.

EXPERIENCED ATTORNEYS IN NEW YORK CITY

If you have been released from the supervision of ICE, then it is important to obtain experienced legal representation for your order of supervision meetings. Our attorneys from will also help you challenge any conditions of your release if you believe such conditions disregard your rights. Our firm has more than 30 years of combined experience that can be used to your case's advantage. If you fail to report to the immigration officer, then you could face severe penalties and your order of supervision can be revoked. For questions or assistance with these situation, contact our office at (212) 258-0713 today!

RESCISSION OF DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA)

by Norka Schell, Attorney on 09/05/17

Press Release                                                            Date: September 5, 2017


1. WHY IS DHS PHASING OUT THE DACA PROGRAM? 
- Taking into consideration the federal court rulings in ongoing litigation, and the September 4, 2017 letter from the Attorney General, it is clear that program should be terminated. As such, the Acting Secretary of Homeland Security rescinded the June 15, 2012 memorandum establishing the DACA program. 

2. WHAT IS GOING TO HAPPEN TO CURRENT DACA HOLDERS?
- Current DACA recipients will be permitted to retain both the period of deferred action and their employment authorization documents (EADs) until they expire, unless terminated or revoked. DACA benefits are generally valid for two years from the date of issuance.

3. WHAT HAPPENS TO INDIVIDUALS WHO CURRENTLY HAVE AN INITIAL DACA REQUEST PENDING?
- Due to the anticipated costs and administrative burdens associated with rejecting all pending initial requests, USCIS will adjudicate - on an individual, case-by-case basis -all properly filed DACA initial requests and associated applications for EADs that have been accepted as of September 5, 2017.

4. WHAT HAPPENS TO INDIVIDUALS WHO CURRENTLY HAVE A REQUEST FOR RENEWAL OF DACA PENDING?

- Due to the anticipated costs and administrative burdens associated with rejecting all pending renewal requests, USCIS adjudicate - on an individual, case-by-case basis- properly filed pending DACA renewal requests and associated applications for Employment Authorization Documents from current beneficiaries that have been accepted as of September 5, 2017, and from current beneficiaries whose benefits will expire between September 5, 2017 and March 5, 2018 that have been accepted as of October 5, 2017. USCIS will reject all new requests to renew DACA and associated applications for EAD filed after October 5, 2017.

5- IS THERE STILL TIME FOR CURRENT DACA RECIPIENTS TO FILE A REQUEST TO RENEW THEIR DACA? 

- USCIS will only accept renewal requests and associated applications for EADs for the class of individuals described above in the the time period described above. 

6. WHAT HAPPENS WHEN AN INDIVIDUAL'S DACA BENEFITS EXPIRE OVER THE COURSE OF THE NEXT TWO YEARS? WILL INDIVIDUALS WITH EXPIRED DACA BE CONSIDERED ILLEGALLY PRESENT IN THE COUNTRY? 

- Current law does not grant any legal status for the class of individuals who are current recipients of DACA. Recipients of DACA are currently unlawfully present in the United States with their removal deferred. When their period of deferred action expires or terminated, their removal will no longer be deferred and they will no longer be eligible for lawful employment. 

Only US Congress has the authority to amend the existing immigration laws.

7.  ONCE AN INDIVIDUAL'S DACA EXPIRES, WILL THEIR CASE BE REFERRED TO ICE FOR ENFORCEMENT PURPOSE?

- Information provided to USCIS in DACA requests will not be proactively provided to ICE and CBP for the purpose of immigration enforcement proceedings, unless the requester meets the criteria of the issuance of a Notice To Appear or a referral to ICE under the criteria set forth in USCIS's Notice to Appear guidance. This policy, which may be modified, suspended, or rescinded at any time with out notice, is not intended to, does not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable by law by any party in any administrative, civil, or criminal matter. 

To be continued 

USCIS ALERTS THOSE AFFECTED BY HURRICANE HARVEY

by Norka Schell, Attorney on 08/31/17

USCIS offers immigration services that may help people affected by unforeseen circumstances, including disasters such as Hurricane Harvey.

The following measures may be available on a case-by-case basis upon request:

  • Changing a nonimmigrant status or extending a nonimmigrant stay for an individual currently in the United States. Failure to apply for the extension or change before expiration of your authorized period of admission may be excused if the delay was due to extraordinary circumstances beyond your control;
  • Re-parole of individuals previously granted parole by USCIS;
  • Expedited processing of advance parole requests;
  • Expedited adjudication of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
  • Expedited adjudication of employment authorization applications, where appropriate;
  • Consideration of fee waivers due to an inability to pay;
  • Assistance for those who received a Request for Evidence or a Notice of Intent to Deny but were unable to submit evidence or otherwise respond in a timely manner;
  • Assistance if you were unable to appear for a scheduled interview with USCIS;
  • Expedited replacement of lost or damaged immigration or travel documents issued by USCIS, such as a Permanent Resident Card (Green Card); and
  • Rescheduling a biometrics appointment.

Note: When making a request, please explain how the impact of Hurricane Harvey created a need for the requested relief. Call the National Customer Service Center at 800-375-5283.