1

Alternative Methodologies

for Marriage Cases

(Green Card Through

Marriage to a U.S. Citizen)

Presented by:

David H. Nachman, Esq., Michael Phulwani, Esq., Ludka Zimovcak, Esq. and

Rabindra K. Singh, Esq.

2

Family Based Immigration

• A U.S. citizen or Green Card holder can sponsor his or her close family members for Lawful Permanent Residence.

• Immediate relatives are spouses of U.S. citizens, unmarried children of U.S. citizens and parents of U.S. citizens. There is no quota.

Spouses of U.S. citizens. (the fastest way to a Green Card.)

Minor children (under age 21) of U.S. citizens.

Parents of U.S. citizens (petitioner must be at least 21 years old).

Spouses of deceased U.S. citizens who were married at least two years prior to their U.S. citizen spouse’s death and who file within two years of the death anniversary of the spouse and while still unmarried.

A child born after the issuance of an immediate relative visa, but before the visa is used to apply for admission to the U.S.

3

The Family Preference System

• The Family Preference (or quota) System allows (1) Adult children and brothers and sisters of U.S. citizens; and (2) Spouses and unmarried children of Green Card Holders into the U.S.

First Preference. Unmarried adult children (21+ years) of U.S. Citizens.

Second Preference (2A). Spouses and minor children of Green Card holders.

Second Preference (2B). Unmarried adult children of Green Card holders.

Third Preference. Married adult children of U.S. Citizens.

Fourth Preference. Brothers and Sisters of U.S. Citizens.

4

Ways to Obtain a Green Card

Through Marriage To a U.S. Citizen

K-3 Nonimmigrant Visa - Marriage to a U.S. Citizen

K-1 Nonimmigrant Visa - Fiancé of a U.S. Citizen

I-130 Petition, Marriage to U.S. Citizen and Consular Processing

I-130 Petition and Adjustment of Status (AOS) in the U.S.

5

K-3 Nonimmigrant Visa -

Marriage to a U.S. Citizen

Case requires foreign national to be married to a

U.S. Citizen either in the U.S. or abroad.

Marriage must be “bona fide” under laws of

jurisdiction where parties were married.

Pending I-130 petition.

No need to prepare a Affidavit of Support (I-864)

which requires U.S. Tax Returns.

6

K-3 Nonimmigrant Visa

Application Requirements

• “Bona fide” marriage to a U.S. Citizen.

• Filing of Form I-129F, Petition for Alien Fiancé to request K-3 status which is filed with the National Benefit Center (NBC).

• NBC sends the K-3 to National Visa Center (NVC) and K-3 is processed at the Consulate.

7

K-3 Nonimmigrant Visa Application

Processing, U.S. Consulate

Nuances of Consular Processing at the U.S. Consulate:

Obtain required documents (i.e. passport, birth certificate, evidence of relationship, forms, (2) passport sized photos, etc.).

Schedule appointment for interview.

Bring required documents to scheduled appointment.

8

K-1 Nonimmigrant Fiancé Visa

Requirements

U.S. citizen must have physically been with the foreign national within 1 year of filing. Proof can include:

Flight receipts

Hotel receipts

Photos

Affidavit

Other testimonial documents

Consulate is lenient on demonstration about nonimmigrant intent since they know that the Fiancé intends to immigrate to the U.S.

9

K-1 Nonimmigrant Fiancé Visa

Process and Procedure

Form I-129F, Petition for Alien Fiancé filed by U.S. Citizen with NBC (Chicago Lockbox – forwarded to NBC) in the U.S.

Case is approved and the information is sent to the NVC in New Hampshire.

NVC sends the visa to the U.S. Consulate.

Nuances of consular processing at the U.S. Consulate:

Obtain required documents (i.e. passport, birth certificate, evidence of relationship, forms, (2) passport sized photos, medical examination, etc.)

Schedule appointment for interview.

Bring required documents to scheduled appointment.

10

I-130 Petition by U.S. Citizen for

Foreign National and Consular

Processing

Requirements: Foreign National Marries

U.S. Citizen (can be either in the U.S. or

abroad).

I-130 Petition to be filed and approved in U.S.

Parties must demonstrate “bona fides” of the marital

relationship.

Parties must file I-864, Affidavit of Support with NVC.

11

I-130 Petition by U.S. Citizen for

Foreign National and Consular

Processing

Process and Procedures:

Form I-130 filed with request for Consular Processing with NBC. Processing time varies from 3-6 months but could be more.

Upon Form I-130 approval, notification is sent to NVC.

NVC does the following: (1) makes sure there is a visa available; and (2) makes sure the I-864 is completed and is accurate; and (3) sends Request for DS-260 to the Applicants or Legal Counsel.

DS-260 is prepared and submitted to the NVC so that the interview is scheduled at the U.S. Consulate.

Original documents are brought by Applicants to Consulate for the interview.

12

Bona Fides of a Marital

Relationship

The “bona fides” of the marital relationship is the key element to the marriage case.

Bona fide documents may include:Photographs of husband/wife together;

Love letters with envelopes;

Joint tax returns;

Joint bank account statements;

Lease agreements/mortgage papers;

Utility bills addressed to husband/wife; etc.

13

When I-130 and AOS filed

Simultaneously in U.S.

Approximate timeline with USCIS:

• Within 1 week of Filing - Receipt Notices are sent to Petitioner and to the Applicant.

• Within 2 - 3 weeks - Appointment Notice for the Biometrics/Fingerprints sent to Applicant.

• Within 60 - 90 days- Approval Notice for Employment Authorization Document (EAD) and Travel Document (TD) sent to Applicant.

EAD and TD are Valid for 1 year, allowing WORK and TRAVEL while the AOS is pending (Combo Card).

14

When I-130 and AOS filed

Simultaneously in U.S.

Within 5 - 6 months - AOS Interview Notice sent to Applicant.

After the AOS Interview - Applicant should receive a temporary stamp, I-551 valid for one year until physical Green Card is sent by the CIS in the mail.

Green Card should be valid for two years if married for less then 2 years on the date of the interview. Then need to do an I-751 90 days before the two year Anniversary.

If you have been married for more then 2 years on the date of the AOS interview then the green card should be valid for 10 years; no need to file Form I-751.

15

Questions?

Please feel free to contact our office if you should have any additional questions:

info@visaserve.com

201-670-0006 ext. 107

http://www.visaserve.com

Thank you.

MARRIAGE CASES: CONSIDERATIONS FOR

SUCCESS IN A COMPLEX WORLD.BY: MICHAEL PHULWANI, ESQ., DAVID H. NACHMAN, ESQ., LUDKA ZIMOVCAK, ESQ., AND RABINDRA K. SINGH, ESQ.

NACHMAN, PHULWANI, ZIMOVCAK LAW GROUP, P.C.

VISASERVE PLAZA

487 GOFFLE ROAD

RIDGEWOOD, NJ 07450

PHONE: 1-201-670-0006 (X107) | TOLL-FREE: 866-599-3625

E-MAIL: INFO@VISASERVE.COM

WWW.VISASERVE.COM

THE LAW OF ADJUSTMENT:

Eligibility for Adjustment of Status

INA 245(a), 8 CFR 245.1(a), 1245.1(a)

Ineligible for Adjustment of Status

INA 245(c), 8 CFR 245.1(b)&(c), 1245.1(b)&(c)

Special adjustment provisions

INA 245(i), 8CFR 245.10

INA 245(k)

INA 212(a)

BURDEN OF PROOF FOR ADJUSTMENT:

Applicant must prove eligibility and admissibility

Preponderance of the evidence (51%)

Clear and convincing evidence if married in removal

proceedings (applies to I-130, not I-485)

Ultimate determination is discretionary!

LOOK CLOSELY AT ENTRY INTO THE U.S.:

Differentiate among “illegal or legal” entries

Procedural regularity with entry?

Matter of Quilantan, 25 I&N Dec. 285 (BIA 2010)

Check for:

Misrepresentations and False Claims to USC

212(a)(9)(c) permanent bar for multiple attempts / entries

Differentiate between simple return, formal administrative voluntary departure, statutory removal

Do FBI Checks and FOIA

THE INITIAL CONSULTATION!

INTAKE SHEETS:

Use intake Sheets

Clients should declare in writing

Defensive Practice

CONSIDER ETHICS OF DUAL REPRESENTATION:

Counsel represents both Petitioner and Beneficiary

In writing:

Nature of representation,

Duty of loyalty to each, and,

Requirement of disclosure of information to each

If conflict cannot be resolved, counsel is required to cease

representing both parties

FOR THE INITIAL CONSULTATION:

Use Questionnaires and Document checklists to highlight all

potential issues:

Arrests and criminal history

Previous immigration violations

Previous problems at POE or at consulate

I-9 issues

Prior marriages

Potential smuggling issues

WAS THERE A CRIMINAL HISTORY?

Does client have anything more serious than a traffic ticket?

If yes, then have a local or state background clearance performed

before filing the case

Obtain certified dispositions and/or clearance letters from

prosecutor / court.

Proof of payment of all court costs and fines

Proof of completion of rehabilitation programs and probation

Need for certified disposition letters

HOW TO GO ABOUT PREPARING THE PAPERWORK.

REQUIRED FORMS FOR ADJUSTMENT CASE:

G-28 Notice of Entry of Appearance of Attorney

I-130 Petition for Alien Relative

I-140 Immigrant Petition for Alien Worker (Employment Based Cases)

I-485 Application to Register Permanent Residence or Adjust Status

I-485A Supplement A to I-485 cases (245(i) cases)

G-325 Biographic Information

I-765 Application for Employment Authorization

I-131 Application for Travel Document (Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012)

I-864 Affidavit of Support (family based cases)

BE SURE TO GET THE REQUIRED DOCUMENTS:

Copy of passport

Photos

Medical exam

I-94 or other proof of inspection and admission (unless 245(i))

Proof of maintaining status

Proof of physical presence (245(i))

Marriage Certificate

Birth Certificate (original for interview)

Divorce Decree

Copies for submission originals for the interview.

REQUIRED DOCUMENTS FOR THE ADJUSTMENT CASE:

Petitioner’s proof of U.S. citizenship or LPR status

Most recent tax return, W-2, pay stubs and letter from

employer

Continued intention to employ letter in (employment based

cases)

Proof of bona fides of marriage (marriage based cases)

Copy of visa bulletin

Filing Fees

REMEMBER TO GET ORIGINAL DOCUMENTATION FOR THE

INTERVIEW:

Marriage Certificates

Birth Certificates

Death Certificates

Divorce Decrees

Certified criminal dispositions

Passport

I-94

Work Authorization and Advance Parole Documents

PREPARING THE CLIENT(S) FOR AN INTERVIEW:

DO YOU HAVE TO RESCHEDULE AN INTERVIEW?

Each District varies – check with local practitioners

InfoPass, E-mail, Customer Service Number, Fax, or in person?

Each District has different attitude regarding good cause for

rescheduling. Document in case there is a denial for

abandonment and need MTR in service error

PREPARING CLIENT FOR INTERVIEW:

No substitute for Great Preparation

We spend at least an hour preparing clients in advance

Question clients together regarding courtship, proposal,

wedding and living arrangements

Stokes Interview Possibility stokes vs. U.S.

Social Media review and preparation

WHO NEEDS TO ATTEND INTERVIEW?

Beneficiary

Petitioner must attend if marriage based case

Translator policy depends on Officer and Office:

Better to not have a close relative translate

Prepare translators before interview

Attendance by the Lawyer?

OFFICER HAVING A BAD DAY?

Begin interview handling officer packet of bona fides

Complain or grin and bear it?

Try and size up officer and situation and remember to pick and choose battles.

Remedies:

Bring issue politely to officer’s attendtion;

Ask to speak to supervisor;

Talk to section chief;

District director.

EXPLAIN PROCESS TO CLIENTS:

I-751 90 days prior to the second anniversary

Naturalization in 3 years assuming still married

I-751 PROCESS?

Joint filing to Lift the Conditions

Waiver based on bona fide marriage –

divorce.

Waiver based on Extreme Cruelty

NATURALIZATION?

For joint filing of I-751 then 3 years

Waiver requires wait of 5 years.

QUESTIONS?

THANK YOU

Nachman, Phulwani, Zimovcak Law Group, P.C.

Visaserve Plaza

487 Goffle Road

Ridgewood, NJ 07450

Phone: 1-201-670-0006 (x107) | Toll-Free: 866-599-3625

E-mail: info@visaserve.com

WWW.VISASERVE.COM

NJICLE: Family-Based Immigration.

Extreme Hardship Waivers. Presented by:

Rabindra K. Singh, Esq.

NPZ Law Group, P.C.

• § 245 Problem: Not able to Adjust Status in the United States.

• Consular Post Problem: Found Inadmissible at the Consular Post abroad.

Why Waiver?

“Extreme Hardship” (I-601) Waiver : When Required?

Can Waive:

• Three-year and ten-year inadmissibility bars for unlawful presence. INA 212(a)(9)(B)(v).

• Inadmissibility for crimes involving moral turpitude, multiple criminal convictions, prostitution and commercialized vice, etc. INA 212(h)(1)(B).

• Inadmissibility for certain types of immigration fraud. INA 212(i)(1).

3

4

“Extreme Hardship” Definition

• No standard definition ‘EH’ in Statute/Regulations/ Memos OR provided by Federal Courts.

• For more than one and half decade practitioners have been following the factors laid down by the BIA in Matter of Cervantes-Gonzalez, 22 I&N Dec. 560, 565-66 (BIA 1999).

• USCIS Draft Policy Manual on EH.

Cervantes-Gonzalez Factors

Factors include, but not limited to:

• Applicant’s Family Ties in the U.S.

• QR’s Family Ties outside the U.S.

• Financial Impact of Departure: Jobs/Business/Professional licenses.

• Medical/Psychological Condition(s): Quality Care/Insurance/Pre-existing Conditions.

• Educational/Environmental Factor(s).

• Country Conditions (or local Conditions?)

6

Extreme Hardship to Whom?

• Qualifying Relative(s): Applicant’s U.S. Citizen/LPR spouse or parent.

• Not Children But…

• VAWA Exception: Applicable only for Fraud & Misrep.

• Approved VAWA self-petitioner can demonstrated extreme hardship to herself or her USC/LPR parent or child.

Basic Mantra for Extreme Hardship Waivers

• Present: Can’t LIVE in the United States & Can’t LEAVE the United States. Discuss BOTH for each factor analyzed.

• Proposed: Separation versus Relocation. Can satisfy either and show EH.

• “Aggregate” Hardship.

• Discuss balancing test (favorable Vs.

Unfavorable factors).

8

Provisional Unlawful Presence (I-601A)Waiver : Why “Provisional”?

Because the Waiver does not take effect until after:

• the applicant departs the United States;

• appears for his or her immigrant visa interview; and

• is determined by the DOS Consular Officer to be otherwise admissible to the United States.

• ONLY Unlawful Presence (3/10 Year Bar) triggered upon departure from the U.S. (INA § 212 (a)(9)(B)(i)(I) & (II)).

• Cannot take advantage if one requires multiple waivers.

Can Waive…

Past versus Proposed

• Past: Limited to IRs (spouses, children and parents of U.S. citizens) ONLY.

• Proposed: All individuals who are statutorily eligible for waivers of unlawful presence - including employment-based immigrants, Diversity Visa applicants, and certain Special Immigrants.

• Past (QR): Only USC Spouse or Parents.

• Proposed: USC or LPR Spouse or Parents

Eligibility to File I-601A

• Applicant physical present in the U.S;

• At least 17 years old;

• Have an approved IR Petition [I-130 or I-360];

• Have not had their immigrant visa (IV) interview scheduled prior to January 3, 2013;

• Have paid all required fees and complied with all form requirements as outlined in the form instruction.

Eligibility to File I-601A (cont.)

• Determine whether the applicant has ever been issued a Notice to Appear (NTA) or Order to Show Cause (OSC).

• If the applicant has been issued an NTA or OSC, verify the applicant is no longer in removal proceedings:

• Removal proceedings terminated or dismissed;• NTA/OSC never filed with the immigration court; or• Proceedings administratively closed and not re-calendared at the time of filing.

Eligibility to File I-601A (cont.)

• Determine whether the applicant has a pending application to adjust status (Form 1-485).

• Determine if there is reason to believe other grounds of inadmissibility may apply at the time of the interview:

• Previous deportation/removal• Criminal grounds• National Security grounds• Fraud and willful misrepresentation• Alien smuggling• Unlawfully present after previous immigration violation• Other ground

Where to send the Waiver Application?

• The filing location depends on the immigration benefit your client is seeking . • Except for applicants residing in Cuba and in cases involving exceptional and compelling circumstances, if seeking an immigrant visa or a nonimmigrant K or V visa and have been found inadmissible by a consular officer after visa interview, submit to USCIS Phoenix Lockbox. Adjudicated by USCIS Nebraska Service Center.• File I-601A with Chicago Lockbox. Transferred to National Benefits Center in in Lee’s Summit, Missouri.•Filing Fee: $585.00 (I-601); $585.00 + $85 biometric services fee if < 79 years old.

KERRY WALSH HARTINGTON, ESQUIRE

Kerry Walsh Hartington is the founding partner of Hartington and Associates. Ms.

Hartington grew up in the State of Delaware, graduating from St. Mark’s High School

in 1996. Ms. Hartington obtained her B.A. in Spanish Language and Literature from

University of Delaware in 2000, with minors in History and Latin American Studies.

During her undergraduate career, Ms. Hartington studied abroad at the University of

Granada, Spain, and spent time teaching English in Burgos, Spain after graduating from

college.

Prior to becoming an attorney, Ms. Hartington worked as a BIA-Accredited

Representative at Catholic Social Services in Philadelphia. She subsequently worked

full-time as well as a paralegal at immigration law firms in Philadelphia and South

Jersey while attending law school at night. Ms. Hartington graduated from Widener

School of Law in 2008 and is admitted to the New Jersey and Pennsylvania bars. Ms.

Hartington worked as an intern with the Chester County District Attorney’s Office

during her last year of law school.

Since 2008, Ms. Hartington’s practice has been limited to immigration law. Ms.

Hartington has successfully represented immigrants in Immigration Court and before

U.S. Citizenship and Immigration Services. Ms. Hartington has represented hundreds

individuals who have successfully obtained immigrant visas abroad after filing an

unlawful presence waiver or provisional unlawful presence waiver. Ms. Hartington is a

frequent speaker at immigration law seminars on the topic of waivers and family

immigration law. Ms. Hartington is an active member of the American Immigration

Lawyers Association, the New Jersey State Bar Association and the Federal Bar

Association. She is fluent in Spanish.

David H. Nachman, Esq.

Location:

Ridgewood, New Jersey

Phone:

201-670-0006 (x107)

201-759-4333 (Cell)

866-599-3625 (Toll-Free)

Fax:

201-670-0009

Email: david_nachman@visaserve.com

U.S. AND CANADIAN IMMIGRATION & NATIONALITY LAWYERS

David H. Nachman, Esq. is one of the Managing Attorneys at the Nachman Phulwani Zimovcak (NPZ) Law

Group, P.C., a pre-eminent International Immigration and Nationality Law Firm dedicated to providing a wide

array of business and family immigration law services for skilled U.S.-and Canada-bound workers. The

Attorneys in our Law Firm assist clients with waivers, marriage cases, citizenship applications, I-130

sponsorship for family, etc.

Attorney Nachman and fellow lawyers contributed to landmark decisions in such cases as Berger vs. Berger

and Woolley vs. Hoffman-LaRoche. Mr. Nachman and the NPZ Law Group prepare H-1B visas, TN

applications, O-1A and O-1B artist and extraordinary ability visas, E-1/E-2 Treaty-trader and Treaty-investor

visas, E-3 Visas for Professional Australians, EB-1(1) Extraordinary Ability Green Cards, EB-1(2)

Outstanding Researcher Petitions, National Interest Waiver Petitions, I-601 Hardship Waivers, EB-1(3)

Intracompany green card petitions, PERM Labor Certification Applications, L-1A and L-1B Intracompany

Transferee Visas, F-1 student visas, H-3 Trainee Visas, B-1 Business Visitor Visas, I Media Representative

Visas, J-1 Trainee Visas, Waiver of the Two Year Foreign Residency Requirement for FMGs, P-1 Athlete and

Performing Artist Visas, P-3 Culturally Unique Visas, R-1 Religious Worker Visas, U Visas for Victims of

Certain Crimes, Marriage Cases, Fiance Visa cases, Consular Processing, Adjustment of Status Applications

and other U.S. and Canadian immigration law applications and petitions.

Additionally, Mr. Nachman assists international businesses of all sizes with intracompany transfers, I-9 Form

issues, H-1B Site Visits, FDNS Investigations, DOL Wage & Hour Audits and consular processing of

immigrant and nonimmigrant visa applications throughout the world. The VISASERVE staff also assist

corporations and Human Resources Managers and Professionals with Form I-9 Compliance, I-9 Audits, E-

Verify, and IMAGE.

Training HR Managers and Professionals about employment verification and employer sanction compliance

issues continues to be an important aspect of the U.S. immigration law focus on worksite enforcement by the

Immigration and Customs Enforcement Office (ICE) of the U.S. Department of Homeland Security (DHS).

Appearing on NJ News Channel 12 twice as a recognized authority on business and corporate immigration

law, Mr. Nachman is also a former Chair of the NJ Chapter of the American Immigration Lawyers Association

(AILA). Mr. Nachman also presented Continuing Legal Education programs for the NY State Bar, the Bergen

County Bar Ass'n, the U.S. DOJ, Sterling Educational Services, the Employers' Ass'n of NJ (EANJ) and

CELESQ.

David Nachman, Esq. is widely-published on U.S. immigration and nationality law issues. He is also an

Adjunct Professor of Paralegal Studies at Fairleigh Dickinson University and at Bergen Community

College. In addition to teaching immigration and nationality law, Mr. Nachman moderates an annual program

on "Immigration Law Basics" for the NJ Institute of Continuing Legal Education (NJICLE).

Mr. Nachman earned his JD from Case Western Reserve University Law School in Ohio in 1988. He also

received an MBA from Case Western Reserve University in 1989. He continued classes for an LLM in

International Trade at NYU Law School through 1993. He is a member of the New Jersey Bar, the 3rd Circuit

Court of Appeals and the U.S. Court of International Trade.

Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. is an International Immigration Law Firm with offices

in NJ and NY. The Firm has affiliated offices in Canada and India. The Firm provides assistance with waivers,

removal defense, PERM, green cards, visas, work permits and immigration compliance matters for employers

and employees and their families.

Check out our website at www.visaserve.com for a vast array of information about our Firm and about various

U.S. and Canadian Immigration Law issues. Our staff is quite eclectic and they speak many foreign languages

including, but not limited to: Spanish, French, Japanese, Korean, Tamil, Hindi, Gujarati, Nepalese, Slovak,

Czech, Russian, Polish, Tagalog, Hebrew, Chinese, German and English.

David H. Nachman, Esq., Managing Attorney, NPZ Law Group, P.C. - Fairleigh Dickinson University -

Adjunct Professor of Immigration and Nationality Law in the Paralegal Studies Program

David H. Nachman, Esq. Adjunct Professor of Paralegal Studies at Fairleigh Dickinson University in Teaneck

and Madison

Promoting Diversity and U.S. business Immigration Laws

David H. Nachman, Esq. Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. – AVVO Rating of 10

David H. Nachman, Esq. – Nachman Phulwani Zimovcak Law Group, P.C. – LinkedIn Profile

David H. Nachman, Esq. – Nachman Phulwani Zimovcak Law Group, P.C. – Youtube channel

David H. Nachman, Esq. – Nachman Phulwani Zimovcak Law Group, P.C. – Super lawyers Profile

Areas of Practice

Corporate and Business Law

Business Immigration Law

General Corporate Compliance

Immigration Employment Practice

Immigration Labor Practice

Commercial Litigation

Commercial

Securities Regulation

Contracts Interpretation

Bar Admissions

New Jersey

U.S. Court of Appeals 3rd Circuit

U.S. Court of International Trade

Education

Case Western Reserve University Law School, Cleveland, Ohio

a. oJ.D., Doctor of Jurisprudence - 1988

Case Western Reserve University, Cleveland, Ohio

a. oM.B.A., Master of Business Administration - 1989

Georgetown University, Washington, District of Columbia

a. oB.S., Bachelor of Science - 1985

Universidad Catholica, Quito, Ecuador

Representative Cases

Berger vs. Berger

Wolley vs. Hoffman-LaRoche

Classes/Seminars

Adjunct Professor, Fairleigh Dickinson University, 1992 - Present

Immigration and Nationality Law, Bergen Community College, 1992 - Present

Professional Associations and Memberships

Bergen County Bar Association, Member

American Immigration Lawyer's Association

New Jersey Chapter of the American Immigration Lawyer's Association

New Jersey State Bar Association, International Section, Editorial Board Member

Past Employment Positions

Law Offices of Gibbons, Del Deo, Dolan, Griffinger & Vecchione, 1989 - 1992

Law Offices of Giordano, Halleran & Ciesla, P.C., 1992 - 1993

Office of Senator Bill Bradley on Capitol Hill, Assistant Legislative

United States Attorney in Cleveland

Nachman & Associates, P.C., 1993

Grotta, Glassman & Hoffman, Immigration Dept. of Chair, 1999 - 2001

Pro Bono Activities

Family Court, Bergen County, 1993

Division of Youth and Family Services, 1991

Languages

Spanish

Fraternities/Sororities

Psi Chi

Delta Phi Epsilon

Michael Phulwani, Esq.

Of Counsel

Location:

Ridgewood, New Jersey

Phone:

201-670-0006 (x124)

866-599-3625 (Toll-Free)

Fax:

201-670-0009

Email:

Michael_Phulwani@visaserve.com

Mr. Michael Phulwani is admitted to practice law in New York and India. He has been practicing law for about

40 years in the field of US Immigration and Nationality Laws. He has successfully handled many complex

immigration matters with the Immigration and Naturalization Service and Consular Processing cases at

American Consulates abroad and especially in India.

He is the author of “Guide to U.S. Visas” and numerous articles have been published in various ethnic South

Asian newspapers and other publication in the U.S., including News India & Gujarat Times (published from

New York). His knowledge and experience about the Immigration and Nationality Act is remarkable and

expertize about the changing rules & regulations pertaining to the U.S. visa processing at American Consulates

abroad. Mr. Phulwani is a frequent lecturer on U.S. Immigration Law nationwide in the U.S. and abroad.

He is the recipient of Mahatma Gandhi Award and has been honored by several community organizations for

his dedicated community service in the field of Immigration and nationality Law. He is recipient of Lifetime

Achievement award from Federation of Indian Association in 2008 and recently 2015 Professional Excellence

Life Time Achievement Award by the New Jersey Law Journal. He also co-hosts a weekly television program

“Immigration and You” with Attorney David Nachman which has been telecasted on ITV in English every

Saturday and Sunday. Mr. Phulwani is fluent in Hindi, Urdu and Sindhican communicate in Gujarati and

Punjabi languages.

Mr. Phulwani has a law office located in Mumbai, India and Ridgewood, New Jersey (USA). He is one of the

managing partners of Nachman, Phulwani & Zimovcak (NPZ) Law Group which has its main office located in

Ridgewood, NJ.

Areas of Practice

100% U.S. Immigration & Nationality Law

Bar Admissions

New York

New Jersey

India

Education

Rajasthan University Law Department, Rajasthan, India

Classes/Seminars

Frequent Lecturer, U.S. Immigration Law

Honors and Awards

Recipient, Mahatma Gandhi Award

Professional Associations and Memberships

American Immigration Lawyers Association

Languages

English

Hindi

Sindhi

Rabindra K. Singh, Esq.

Associate

Location:

Ridgewood, New Jersey

Phone:

201-670-0006 (x107)

866-599-3625 (Toll-Free)

Fax:

201-670-0009

Email: Rabindra_Singh@visaserve.com

Rabindra K. Singh, Esq. is an Associate Attorney in the Ridgewood, New Jersey, office of Nachman Phulwani

Zimovcak (NPZ) Law Group, P.C. He is admitted to practice law in New Jersey, and India.

Mr. Singh’s work at NPZ focuses on complex employment- and family-based immigration matters. From

individuals to startups to multinational corporations, he has advised clients in a variety of industries, with a

primary focus on the high tech, engineering, manufacturing, pharmaceutical, and financial industries. He

represents clients before various immigration agencies of the U.S. Department of Homeland Security (DHS), the

U.S. Department of Labor (DOL), and the U.S. Department of State (DOS).

Mr. Singh’s area of expertise includes, but not limited to, processing of various employment-based Immigrant

Visas (commonly referred as ‘Green Card’) such as EB-1, EB-2, EB-2 NIW, EB-3; Labor Certifications through

PERM; Nonimmigrant Visas such as H-1B, L-1, TN, O, P, U, etc.; Humanitarian Reinstatement Applications;

Asylum Application; CSPA matters; and various family-based Green Cards. He is also an expert in preparing

Extreme Hardship Waiver Applications, and Nonimmigrant Waiver Applications. He frequently assists clients in

obtaining Investor-based Visas such as New Company L-1s and E-2s.

Mr. Singh has successfully represented numerous clients in obtaining U nonimmigrant status in the United

States. Mr. Singh is also adept in submitting Motion to Reopen and/or Reconsider to USCIS to review adverse

decisions, and filing Appeals to the Administrative Appeals Office (AAO) and Board of Immigration Appeals

(BIA).

Mr. Singh received his first law degree, LL.B, from the prestigious University of Delhi’s Campus Law Center

(ranked within top five (5) law colleges in India). He also holds Bachelor of Science degree, with Honors, from

the University of Delhi’s Hansraj College (ranked within top 10 science colleges in India). In the United States,

he earned his Juris Doctor (J.D.) degree from the University of Kansas School of Law. During his law school in

the United States, Mr. Singh attended the Immigration and Asylum Clinic, and received the highest grade

because of his much appreciated work in the area of Terrorism-Related Inadmissibility Grounds (TRIG) waiver.

Mr. Singh’s professional work experience entails working with one of world’s largest Information Technology

(IT) Company, Capgemini. He worked as a Subject Matter Expert (SME) on U.S. Immigration with Capgemini

in Pune, India, before getting transferred to Rosemont, Illinois, office in the United States. At Capgemini, Mr.

Singh played a pivotal role in initiating the ‘In-House’ processing of nonimmigrant visas such as H-1B, L-1, etc.

An avid writer, Mr. Singh writes frequently for both print and electronic media. His articles have appeared in the

extremely prestigious New Jersey Law Journal and Law360. In addition, he is a frequent contributor to the

ILW.COM. Further, he actively writes weekly articles for various ethnic Indian newspapers published from New

York, New Jersey and Chicago.

Areas of Practice

100% Immigration Law

Bar Admissions

New Jersey, 2013

Delhi, 2003

Education

UNIVERSITY OF KANSAS SCHOOL OF LAW, Lawrence, Kansas

Juris Doctor, May 2013

• Highest grade in Immigration/Asylum Clinic

CAMPUS LAW CENTRE, UNIVERSITY OF DELHI, Delhi, India [ranked within top 5 law colleges in

India]

LL.B, May 2003

HANSRAJ COLLEGE, UNIVERSITY OF DELHI, Delhi, India [ranked within top 10 science colleges in

India]

Bachelor of Science, with Honors, May 2000

Published Works

Keep Hopes Alive: EADS & Acceptıng Job Promotıons After An I-140 Approval Is Soon Going To Be

A Reality, ILW.COM, August 27, 2015.

CIS Memo Could Relieve Some Immigrant Religious Workers, Law360, July 29, 2015.

H-1B Amendments Post-Simeio Solutions: Why CIS Should Consider Taking Off The Retroactıvity

Aspect From The “Draft” Guıdance? ILW.COM, June 17, 2015.

Did Disney Or The H-1B Program Let US Tech Workers Down?, Law360, June 12, 2015.

AAO to Employers: Submit an Amended H-1B if Moving an Employee, New Jersey Law Journal, May

27, 2015.

H-1B Master’s Cap: NOT Every Master’s Degree from a United States College or University Qualifies a

Foreign National, ILW.COM, January 29, 2015.

Submitting an H-1B Petition on April 1st: What Prospective H-1B Employers and Employees Need To

Know, ILW.COM, January 15, 2015.

‘Onboarding’ New H-1B Employees, New Jersey Law Journal, December 4, 2014.

H-1B Amendments Post-Simeio Solutions: Why CIS Should Consider Taking Off The Retroactıvity

Aspect From The “Draft” Guıdance? ILW.COM, June 17, 2015.

Did Disney Or The H-1B Program Let US Tech Workers Down?, Law360, June 12, 2015.

AAO to Employers: Submit an Amended H-1B if Moving an Employee, New Jersey Law Journal, May

27, 2015.

H-1B Master’s Cap: NOT Every Master’s Degree from a United States College or University Qualifies a

Foreign National, ILW.COM, January 29, 2015.

Submitting an H-1B Petition on April 1st: What Prospective H-1B Employers and Employees Need To

Know, ILW.COM, January 15, 2015.

‘Onboarding’ New H-1B Employees, New Jersey Law Journal, December 4, 2014.

Can President Overhaul Immigration Without Congress’ Blessing?, New Jersey Law Journal, August

14, 2014.

Exploring Visa Options Beyond the H-1B Cap, New Jersey Law Journal, May 27, 2014.

Fraud, Technıcal Vıolatıons, and/or Mısrepresentatıon That Could Trıgger H-1B Visa Refusal or

Admınıstratıve Processıng Under 221(g) At A Consular Post, ILW.COM, May 23, 2014.

Now That the Cap Is Reached . . . Do I Still Have a Chance of Getting an H-1B Visa?, ILW.COM, April

11, 2014.

Immigration-Related Audits: What Employers Need To Know, New Jersey Law Journal, April 3, 2014.

Does My Master’s Degree Qualifies Me for the H-1B Master’s Cap?, ILW.COM, April 1, 2014.

The H-1B Visa Dilemma: March Madness Could Bring H-1B Sadness, ILW.COM, March 21, 2014

The Whys and How’s of Education and/or Experience Evaluations in the Context of H-1B Visa

Preparation and Filing, ILW.COM, March 14, 2014.

ABCs of H-1Bs: How To Get Them Filed and Approved in April, New Jersey Law Journal, March 13,

2014.

What H-1B Employers Need To Know About the LCA to Avoid Potential DOL Compliance Pitfalls?,

ILW.COM, March 5, 2014.

White Collar Exemptions: Do Employers Need to Pay Overtime Compensation to H-1B Workers [Part

III]?. ILW.com, February 24, 2014.

How Much Prospective H-1B Employers Need to Pay to H-1B Employees and Why The Prevaılıng

Wage is Important [Part II]. ILW.com, February 24, 2014.

White Collar Exemptions: Do Employers Need to Pay Overtime Compensation to H-1B Workers [Part

II]? ILW.com, February 20, 2014

What Prospectıve H-1B Employers and H-1B Employees Need to Know In Order to Get H-1Bs Filed

And Approved In Aprıl 2014 [Part I ]. ILW.com, February 12, 2014.

White Collar Exemptions: Do Employers Need to Pay Overtime Compensation to H-1B Workers? [Part

I ], ILW.com, February 11, 2014.

“Defining Partnership of 21st Century”: E Visa Possibility For Indian Citizens, ILW.com, January 15,

2014.

Article: Is my marriage a “valid marriage” for U.S. immigration purposes?, ILW.com, January 13, 2014.

Presentations

Speaker, U.S. Immigration Law Basics, New Jersey Institute for Continuing Legal Education (NJICLE),

June 2015.

Speaker, Hot Topics In Family/Immigration Law Practice, New Jersey Institute for Continuing Legal

Education (NJICLE), January 2015.

Honors and Awards

Highest Grade in Immigration/Asylum Clinic

Professional Associations and Memberships

American Immigration Lawyers Association (AILA), Member, 2014

New Jersey Bar Association, Member, 2014

Languages

English

Hindi

Punjabi

Ludka Zimovcak Esq.

Managing Attorney

Location:

Ridgewood, New Jersey

Phone:

201-670-0006 (x107)

866-599-3625

Fax:

201-670-0009

Email: Ludka_Zimovcak@visaserve.com

LUDKA ZIMOVCAK, ESQ. is one of the Managing Attorneys at the Nachman Phulwani Zimovcak (NPZ)

Law Group, P.C., a pre-eminent International Immigration and Nationality Law Firm dedicated to providing a

wide array of business and family immigration law services for skilled U.S.-and Canada-bound workers. Ms.

Zimovcak is an experienced US Immigration Attorney with a sincere passion for excellence in immigration

law. Her passion for excellence in immigration law derives from her own family's first-hand immigration

experiences. As a foreign attorney herself, Ms. Zimovcak has an acute understanding of the issues facing the

immigrants and she is eager to help families, businesses and individual immigrants to realize their dream of

coming to the United States and legalizing their status.

Ms. Zimovcak graduated from the Faculty of Law at the Comenius University, one of the most prestigious law

schools in Slovakia, with a Master's of Law Degree. Subsequently, she was awarded the Master of Laws

Degree (LL.M) from the Temple University Beasley School of Law in Philadelphia. Since February 2006, Ms.

Zimovcak has been working in all areas of U.S. business immigration and family immigration. Ms. Zimovcak

is also fully licensed to practice as an Attorney in Slovakia.

The Attorneys in our Law Firm assist clients with I-601 Waivers, Marriage cases, Citizenship applications, I-

130 sponsorship for family, Asylums, U Visas for Victims of Certain Crimes, Fiance Visa cases, Consular

Processing, Adjustment of Status Applications and other U.S. and Canadian immigration law applications and

petitions. In addition, we prepare H-1B visas, TN applications, O-1A and O-1B artist and extraordinary ability

visas, E-1/E-2 Treaty-trader and Treaty-investor visas, E-3 Visas for Professional Australians, EB-1(1)

Extraordinary Ability Green Cards, EB-1(2) Outstanding Researcher Petitions, National Interest Waiver

Petitions, EB-1(3) Multinational Managerial green card petitions, PERM Labor Certification Applications, L-

1A and L-1B Intracompany Transferee Visas, F-1 student visas, H-3 Trainee Visas, B-1 Business Visitor

Visas, I Media Representative Visas, J-1 Trainee Visas, Waiver of the Two Year Foreign Residency

Requirement for FMGs, P-1 Athlete and Performing Artist Visas, P-3 Culturally Unique Visas, and R-1

Religious Worker Visas.

Additionally, Ms. Zimovcak assists international businesses of all sizes with intracompany transfers, H-1B Site

Visits, FDNS Investigations, DOL Wage & Hour Audits and consular processing of immigrant and

nonimmigrant visa applications throughout the world. The VISASERVE staff also assist corporations and

Human Resources Managers and Professionals with Form I-9 Compliance, I-9 Audits, E-Verify, and IMAGE.

Bar Admissions

New York, 2008

Education

Temple University James E. Beasley School of Law, Philadelphia, Pennsylvania

LLM - 2006

Comenius University School of Law, Bratislava, Slovakia

o Master's Degree in Law - 2002

Published Works

Preparing PERM for 2nd & 3rd Preference, ILW.COM, 2008-2009, 2008

Professional Associations and Memberships

American Immigration Lawyers Association (AILA), 2008 - Present

New York State Bar Association

Languages

Slovak

Czech

Polish

Russian