Nachman Phulwani Zimovcak (NPZ) Law Group - VISASERVE

Products And Services

• US Immigration

  Whether you are looking for temporary work, study or travel opportunities under Nonimmigrant Visas or you are planning to permanently reside in the U.S. through Immigrant Visas, we are here to provide you with unparalleled guidance and expert legal advice. US Immigration, Non-immigrant Visas We assist with: H-1B Visa: For specialty occupations, DOD cooperative research and development project workers, and fashion models. L-1 Visa: For intra-company transferees in managerial or executive roles, or specialized knowledge capacities. O-1 Visa: For individuals with extraordinary ability or achievement in the sciences, arts, education, business, or athletics. TN Visa: For professionals from Canada and Mexico under the North American Free Trade Agreement (NAFTA). E Visas: For traders and investors who conduct substantial trade with the U.S. or invest a significant amount of capital in a U.S. business. And many more. US Immigration, Immigrant Visas: We assist with: Family-Based Visas: For immediate relatives and family members of U.S. citizens or lawful permanent residents. Employment-Based Visas: For different classes of workers including priority workers, professionals holding advanced degrees and persons of exceptional ability, skilled workers, professionals, and unskilled workers.

  Link: US Immigration

• Canadian Immigration

  Canadian immigration programs provide numerous opportunities for individuals who wish to visit Canada temporarily and permanently. Canada continues to introduce new programs and refine the existing ones with goals to improve economic outcomes of entering immigrants, better respond to labor market shortages, and desire to spread new immigrants evenly across Canada. Ways to come to Canada to visit, study, work or live. Economic immigration programs: Most people who successfully apply for permanent residence are chosen through Canada’s economic immigration programs. Express Entry: The first step for most economic immigrants is to submit a profile under Express Entry. In the profile, the person receives ranking points based on their language ability, education, skills and experience. Every two weeks, the candidates with the most points are invited to apply for permanent residence in Canada. Provincial Nominee Program: Provinces (except Quebec) nominate the immigrants they would like, based on criteria they set that address their own needs. Start-up Visa Program: Entrepreneurs with business ideas and the support of Canadian investors can become permanent residents and launch their business here. Caregiver Program: Individuals who have gained experience working in Canada providing in-home care to children, or people with high medical needs, can apply for permanent residence. Family Class immigration: Canadian citizens and permanent residents can sponsor loved ones to join them in Canada. This includes spouses and common-law partners, dependent children, parents and grandparents. Opportunities for living in Canada on a temporary basis: In addition to the opportunities to apply for permanent residence, there are also many avenues to come to Canada on a temporary basis as a tourist, worker, or student. International Students: Canada has one of most generous programs in the world for international students. Canada’s excellent academic institutions currently host more than 400,000 international students. While studying here, most students can gain work experience and, upon graduation, can continue to work in Canada for up to three years. With experience studying and working in Canada, many students apply to immigrate permanently. Temporary workers are also welcomed each year through Canada’s work permit programs. Like students, thousands of workers gain the experience they need in Canada to then apply for permanent residence. Opportunities to work temporarily in Canada include: Temporary Foreign Worker Program: Employers who haven’t been able to find Canadians or Canadian permanent residents for the jobs they have available can get permission to hire workers from other countries for nearly any type of job. International Mobility Program: Some people can be hired by employers without needing permission due to the benefits they will bring to Canada. This includes researchers, certain business people and professionals, workers with specialized knowledge being transferred by their employer to Canada, and others. International Experience Canada: Young people from countries that Canada has agreements with can apply to come to Canada for a working holiday, an internship, or an experience as a young professional.

  Link: Canadian Immigration

• Removal and Deportation

  Removal hearings are conducted to determine whether certain aliens are subject to removal from the country. The distinction between exclusion and deportation proceedings has been eliminated, and aliens subject to removal from the United States are now all placed in removal proceedings. Thus, the removal proceeding is now generally the sole procedure for determining whether an alien is inadmissible, deportable or eligible for relief from removal. Removal and Deportation Lawyer New Jersey The Department of Homeland Security (DHS), which absorbed the functions of the Immigration and Naturalization Service (INS), is responsible for commencing a removal proceeding. If the DHS alleges a violation of immigration laws, it has the discretion to “serve” the alien with a charging document, known as a Notice to Appear. This document orders the individual to appear before an Immigration Judge, and advises him or her of, among other things: Nature of the proceedings against the individual; Individual’s alleged acts that violated the law; Individual’s right to a lawyer; and Consequences of failing to appear at scheduled hearings. Removal proceedings generally require an Immigration Judge to make two findings: (1) a determination of the alien’s removability from the United States, and (2) whether the alien is eligible for a form of relief from removal. Defenses to Deportation and Relief From Removal There are a number of possible avenues by which to avoid deportation in a given situation. The determination of whether a person qualifies to use one of these defenses or other forms of relief is very technical and is something your attorney will be prepared to evaluate. You should contact NPZ Law Group to discuss your specific situation. For now, here is some basic information on a few of the ways in which removal may be avoided: Waivers of inadmissibility and removal:One common reason for removal is that the person was inadmissible at the time he or she entered the U.S. If such a person can show that removal would result in extreme hardship to him or herself or a close family member, then a waiver may be granted allowing the person to remain in the U.S. The family members must be lawful permanent residents or citizens of the U.S. (INA §212). Cancellation of removal:Scroll down this page to read about cancellation of removal for permanent and nonpermanent residents. Adjustment of status:A deportable alien who is the parent, spouse, widow or child of a U.S. Citizen may be eligible to apply for adjustment to the status of lawful permanent resident (LPR). Those who obtained conditional permanent residence based on marriage, or the marriage of a parent, and later had their status terminated may be eligible to renew their applications for adjustment of status to permanent residence once deportation proceedings are underway. Asylum:You may be eligible to apply for asylum if you fear harm in your country because of your race, religion, national, actual or suspected political opinion, or membership in a social group (such as a clan, family, homosexuals, women opposed to certain practices, etc.). You cannot obtain asylum if you have a conviction for an aggravated felony on your record. Withholding of removal:Similar to asylum but more difficult to obtain. You must show that your life or freedom would be threatened in your home country due to your race, religion, nationality, political opinion or membership in a particular group. Registry:You can get a green card through registry if you came to the U.S. before January 1, 1972, and have lived here ever since. You must have good moral character and not have certain criminal convictions that would prevent you from being admitted to the U.S. Voluntary departure:If no other defenses or forms of relief are available, the alien should apply for voluntary departure. This avoids stigma and does not prevent the person from seeking legal reentry to the U.S. at a later time. Most people are eligible for voluntary removal if three conditions are met: (1) the deportation is not based on aggravated grounds; (2) the applicant can afford to pay for the departure; and (3) good moral character was exhibited for the last five years. Cancellation of Removal for Permanent Residents and Nonpermanent Residents INA §240A(a) allows the Attorney General (usually an Immigration Judge or the Board of Immigration Appeals) to cancel the removal of a lawful permanent resident from the U.S. if: He has been an LPR for a minimum of five years; He has resided continuously in the U.S. for a minimum of seven years after being admitted to the U.S. in any status (prior to the institution of removal proceedings); He has not been convicted of an aggravated felony; He is not inadmissible from the U.S. on security grounds. The following classes of persons are ineligible for cancellation of removal: (1) Certain crewmen; (2)

  Link: Removal and Deportation

• Humanitarian

  The Secretary of Homeland Security may designate a foreign country for TPS due to conditions in the country that temporarily prevent the country’s nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately. USCIS may grant TPS to eligible nationals of certain countries (or parts of countries), who are already in the United States. Eligible individuals without nationality who last resided in the designated country may also be granted TPS. Temporary Protected Status Lawyer New Jersey The Secretary may designate a country for TPS due to the following temporary conditions in the country: • Ongoing armed conflict (such as civil war) • An environmental disaster (such as earthquake or hurricane), or an epidemic • Other extraordinary and temporary conditions During a designated period, individuals who are TPS beneficiaries or who are found preliminarily eligible for TPS upon initial review of their cases (prima facie eligible): • Are not removable from the United States • Can obtain an employment authorization document (EAD) • May be granted travel authorization Once granted TPS, an individual also cannot be detained by DHS on the basis of his or her immigration status in the United States. Does Temporary Protected Status Prevent You From Doing Anything? TPS is a temporary benefit that does not lead to lawful permanent resident status or give any other immigration status. However, registration for TPS does not prevent you from: • Applying for nonimmigrant status • Filing for adjustment of status based on an immigrant petition • Applying for any other immigration benefit or protection for which you may be eligible PLEASE NOTE: To be granted any other immigration benefit you must still meet all the eligibility requirements for that particular benefit. An application for TPS does not affect an application for asylum or any other immigration benefit and vice versa. Denial of an application for asylum or any other immigration benefit does not affect your ability to register for TPS, although the grounds of denial of that application may also lead to denial of TPS. TPS Eligibility Requirements To be eligible for TPS, you must: • Be a national of a country designated for TPS, or a person without nationality who last habitually resided in the designated country; • File during the open initial registration or re-registration period, or you meet the requirements for late initial filing during any extension of your country’s TPS designation (Late initial filers see ‘Filing Late’ section below); • Have been continuously physically present (CPP) in the United States since the effective date of the most recent designation date of your country; and • Have been continuously residing (CR) in the United States since the date specified for your country. The law allows an exception to the continuous physical presence and continuous residence requirements for brief, casual and innocent departures from the United States. When you apply or re-register for TPS, you must inform USCIS of all absences from the United States since the CPP and CR dates. USCIS will determine whether the exception applies in your case. You may NOT be eligible for TPS or to maintain your existing TPS if you: • Have been convicted of any felony or two or more misdemeanors committed in the United States; • Are found inadmissible as an immigrant under applicable grounds in INA section 212(a), including non-waivable criminal and security-related grounds; • Are subject to any of the mandatory bars to asylum. These include, but are not limited to, participating in the persecution of another individual or engaging in or inciting terrorist activity; • Fail to meet the continuous physical presence and continuous residence in the United States requirements; • Fail to meet initial or late initial TPS registration requirements; or • If granted TPS, you fail to re-register for TPS, as required, without good cause. The U nonimmigrant status (U visa) is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000. The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of aliens and other crimes, while also protecting victims of crimes who have suffered substantial mental or physical abuse due to the crime and are willing to help law enforcement authorities in the investigation or prosecution of the criminal activity. The legislation also helps law enforcement agencies to better serve victims of crimes.

  Link: Humanitarian

• I-9 Forms and Audits

  Form I-9 is used for verifying the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must ensure proper completion of Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens. Both employees and employers (or authorized representatives of the employer) must complete the form. On the form, an employee must attest to his or her employment authorization. The employee must also present his or her employer with acceptable documents evidencing identity and employment authorization. The employer must examine the employment eligibility and identity document(s) an employee presents to determine whether the document(s) reasonably appear to be genuine and to relate to the employee and record the document information on the Form I-9. I-9 Employment Eligibility Verification Lawyers Submission of the information required in this form is voluntary. However, an individual may not begin employment unless this form is completed, since employers are subject to civil or criminal penalties if they do not comply with the Immigration Reform and Control Act of 1986. All employees, citizens and noncitizens, hired after November 6, 1986, must complete Section 1 of this form at the time of hire, which is the actual beginning of employment. The employer is responsible for ensuring that Section 1 is timely and properly completed. Employers must complete Section 2 by examining evidence of identity and employment eligibility within three (3) business days of the date employment begins. If employees are authorized to work, but are unable to present the required document(s) within three business days, they must present a receipt for the application of the document(s) within three business days and the actual document(s) within ninety (90) days. However, if employers hire individuals for a duration of less than three business days, Section 2 must be completed at the time employment begins. Employers must record: document title issuing authority document number expiration date, if any the date employment begins Employers must sign and date the certification. Employees must present original documents. Employers may, but are not required to, photocopy the document(s) presented. These photocopies may only be used for the verification process and must be retained with the I-9. However, employers are still responsible for completing the I-9. Employers must complete Section 3 when updating and/or reverifying the I-9. Employers must reverify employment eligibility of their employees on or before the expiration date recorded in Section 1. Employers CANNOT specify which document(s) they will accept from an employee. The immigration law firm of NPZ Law Group, assists human resources professionals in connection with the implementation of employment verification programs or Form I-9 audits. Our services relating to employment eligibility verification include: Providing on-site training for human resources staff on the appropriate methodologies for filling out and retaining the I-9 Form Form I-9 verification and employer sanctions Audits and process development Immigration-related visa compliance issues for human resources professionals Counseling employees and employers on their rights under the Immigration Reform and Control Act. Unfair immigration-related employment discrimination policies Prevailing wage compliance issues National origin and citizen discrimination complaints Social Security mismatch issues Immigration-related litigation Form I-9 Inspection Overview On November 6, 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. READ MORE . . . . I-9 Audits The number of I-9 audits are increasing. In just one day, 652 businesses nationwide were served with Notices of Inspection (NOIs) by the U.S. Immigration and Customs Enforcement (ICE). They affect every employer, whether you have foreign nationals working for you or U.S. citizens.

  Link: I-9 Forms and Audits