Monday, August 27, 2012

NPZ Law Group successfully assists in the return of a child abducted to Canada!


Ridgewood, New Jersey - Aug 24, 2012

A left-behind American father and grandparents of an abducted child recently hired our international lawyer Veronique Malka to aid in securing his immediate return to the U.S.A.. Having been wrongfully removed from his home and taken to Canada, Veronique filed an urgent application under the Hague Convention on the Civil Aspects of International Child Abduction in the proper Canadian court. She made sure the matter was scheduled to be heard within four weeks of it being filed. She then travelled to Ontario for the court hearing.
The child was on his way home to the U.S.A. with his father, by court order, a mere two hours following the close of the hearing!

Unfortunately, international child abductions are on the rise, corresponding to the increase in the rate of marital separations and Divorce. Today, a total of 155 countries are signatories to the Hague Convention. When applied properly and expeditiously, the Hague Convention is a powerful piece of legislation which can lead to the prompt return of an abducted child. The average domestic family lawyer does not know how to conduct a Hague case. At times, even judges hearing such cases need to familiarize themselves with the workings of the Convention in order not to treat the case as a typical domestic matter. A typical mistake made by your local family lawyer is to press charges of international kidnapping against the parent who absconded with the child. The problem which then arises is that the parent may then be barred, under immigration regulations, from returning to the United States or Canada; what then happens to the abducted child who is too young to be sent home without his primary caregiver? Here is an example where the Hague Convention interplays with immigration law. An overly aggressive and uneducated lawyer approach can sometimes be self-defeating.

It is crucial that left-behind parents hire an international lawyer familiar with the tools and pitfalls of the Convention's application. Although the Convention is a relatively short text of law, and reads fairly clearly, its application is governed by an enormous body of caselaw, which changes from country to country. Veronique is licenced as a lawyer in Ontario, Canada and also practices as a foreign legal consultant in New Jersey. She is well versed in the Convention's application in both Canada and the U.S.A.

For more information about the Hague Abductions of Children, please feel free to contact us at:
Veronique Malka
NACHMAN, PHULWANI, ZIMOVCAK LAW GROUP, P.C.
VISASERVE PLAZA
487 GOFFLE ROAD
RIDGEWOOD, NJ 07450
PH: 201-670-0006
E-MAIL ID: info@visaserve.com
veronique_malka@visaserve.com
WEBSITE: www.visaserve.com

Thursday, August 16, 2012

DEFERRED ACTION for Childhood Arrivals [DREAMers] - USCIS to begin accepting requests for consideration of deferred action on August 15, 2012.




DEFERRED ACTION for Childhood Arrivals [DREAMers] - USCIS to begin accepting requests for consideration of deferred action on August 15, 2012.

On June 15, 2012 the Department of Homeland Security formally announced that it will offer deferred action to "DREAMers." For all the promising undocumented youth who call America home this represents the opportunity to come out of the shadows and fully embrace the only country they know.
This announcement was a bold action to provide relief and enable these young people to actively contribute to our society and economy. Immigration lawyers (and others) around the country have also welcomed the Administration's recent announcement that younger immigrants may be eligible for "Deferred Action" and work authorization. The policy will grant qualified immigrants the opportunity to live free from fear of deportation and allow them to work legally. This exciting new development brings hope to immigrants and their families. It is not, however, a permanent fix and does not grant permanent legal status to anyone.
To qualify, an individual must:
  • have arrived in the U.S. when they were under the age of sixteen;
  • have continuously resided in the U.S. for at least five years prior to June 15, 2012 and have been present in the U.S. on June 15, 2012;
  • currently be in school, have graduated from high school, have a GED, or be an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces;
  • not have been convicted of a felony offense, a "significant misdemeanor offense," three or more non-significant misdemeanors, or otherwise pose a threat to national security or public safety; and
  • have been under thirty-one years old on June 15, 2012
The offer of the benefit called "deferred action" will be available to those in proceedings, those with final removal orders, as well as to those who apply affirmatively.
USCIS expects to make all forms, instructions, and additional information relevant to the Deferred Action for Childhood Arrivals process available on August 15, 2012. USCIS will then immediately begin accepting requests for consideration of Deferred Action for Childhood Arrivals.
Individuals who believe they meet the guidelines of this new process should not request consideration of deferred action before August 15, 2012. Requests submitted before August 15, 2012 will be rejected. Unfortunately, this policy may open the door for fraud and deception by so-called "Notarios." In the United States, notarios have no legal background and cannot legally practice law or represent you. An immigrant's case can be delayed by notarios acting in bad faith, resulting in penalties and even deportation.
For more information about the Dreamer initiatives or the Deferred Action for Childhood Arrivals, please feel free to contact us at:
NACHMAN, PHULWANI, ZIMOVCAK LAW GROUP, P.C.
VISASERVE PLAZA
487 GOFFLE ROAD
RIDGEWOOD, NJ 07450
PH: 201-670-0006 (x100)
E-MAIL ID: info@visaserve.com
WEBSITE: www.visaserve.com

Monday, August 6, 2012

DHS Outlines Deferred Action for Childhood Arrivals Process


WASHINGTON—The Department of Homeland Security today provided additional information on the deferred action for childhood arrivals process during a national media call in preparation for the August 15 implementation date.  
On June 15, Secretary of Homeland Security Janet Napolitano announced that certain young people who came to the United States as children and meet other key guidelines may be eligible, on a case-by-case basis, to receive deferred action.  U.S. Citizenship and Immigration Services (USCIS) is finalizing a process by which potentially eligible individuals may request consideration of deferred action for childhood arrivals.
USCIS expects to make all forms, instructions, and additional information relevant to the deferred action for childhood arrivals process available on August 15, 2012. USCIS will then immediately begin accepting requests for consideration of deferred action for childhood arrivals.
Information shared during today’s call includes the following highlights:
  • Requestors – those in removal proceedings, those with final orders, and those who have never been in removal proceedings – will be able to affirmatively request consideration of deferred action for childhood arrivals with USCIS.
  • Requestors will use a form developed for this specific purpose.
  • Requestors will mail their deferred action request together with an application for an employment authorization document and all applicable fees to the USCIS lockbox.
  • All requestors must provide biometrics and undergo background checks.
  • Fee waivers cannot be requested for the application for employment authorization and biometric collection. However, fee exemptions will be available in limited circumstances.
  • The four USCIS Service Centers will review requests.
Additional information regarding the Secretary’s June 15 announcement will be made available onwww.uscis.gov on August 15, 2012. It is important to note that this process is not yet in effect and individuals who believe they meet the guidelines of this new process should not request consideration of deferred action before August 15, 2012. Requests submitted before August 15, 2012 will be rejected. Individuals who believe they are eligible should be aware of immigration scams. Unauthorized practitioners of immigration law may try to take advantage of you by charging a fee to submit forms to USCIS on your behalf. Visit www.uscis.gov/avoidscams for tips on filing forms, reporting scams and finding accredited legal services. Remember, the Wrong Help Can Hurt! An informational brochure and flyer are also available on www.uscis.gov.