Articles Posted in Consular Processing

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The American people have spoken. Donald Trump will return to the White House on January 20, 2025, becoming the next President of the United States.

This past month, the Trump administration has been busy laying the groundwork to implement stricter border policy measures, strike-down Biden-era immigration policies, and put in motion the large-scale deportation of undocumented immigrants.

But how could a Trump presidency impact legal immigration?

In this video, attorney Jacob Sapochnick explains what we can expect to see from the incoming Trump administration, with a specific focus on the changes that could impact business immigration law. You will learn about the five major changes that employers and foreign workers should consider in the months ahead.

If you’re an employer looking to hire foreign talent, or are actively employing foreign workers, then you won’t want to miss this video. If you’re a foreign worker going through the visa process, or thinking of applying for a visa, we will share with you the insider information you need to know to ensure your process is successful.

Want to know more? Just keep on watching

Overview

The Trump administration’s immigration policies are expected to impact workers in all industries. Individuals close to the President elect have revealed that they are preparing executive actions on immigration to be rolled out soon after Trump takes office in January.

Here are the top five ways that Trump’s immigration policies will impact business immigration.

#1 The Use of Executive Orders

During his first term in office, Donald Trump relied heavily on executive orders to bring about far-reaching changes in immigration policy, including his notorious “Muslim travel ban.”

As you may recall, in 2017 President Trump signed an executive order banning people from six Muslim-majority countries, from entering the United States for a period of 90 days. These countries were Iran, Iraq, Libya, Somalia, Syria, and Yemen.

The executive order prevented nationals from entering, even if they held visas to travel to the United States, causing wide-spread family separation for those seeking to be reunited with their spouses, parents, and children in the United States.

Upon taking office, we expect President Trump to issue a series of executive orders that will restrict the admission of certain foreign nationals to the United States and codify his hardline immigration policies.

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If you are applying for an immigrant visa for a family member, you will encounter the National Visa Center during your immigration process. The National Visa Center is a branch of the Department of State responsible for managing the processing of immigrant visa applications.

Once USCIS has approved your immigrant petition, your case is transferred to the National Visa Center to collect additional documentation from you, before your case can be scheduled for a visa interview at a U.S. Embassy or Consulate.

In this video, attorney Jacob Sapochnick explains why there have been delays in immigrant visa processing due to challenges faced by the National Visa Center.

Overview

What are some of the problems causing delays in visa processing?

Consular Electronic Application Center (CEAC) Technical Errors

The Department of State uses an online application for immigrant visa applicants to submit required fees, forms, and documents to the National Visa Center (NVC) for review.

This tool is called the Consular Electronic Application Center, or CEAC which requires you to enter your case number and invoice ID number to login in to the platform.

After logging in the platform will instruct you regarding the steps you need to take to complete pre-processing of your case. This includes 1) paying your fees, 2) completing the DS-260 Immigrant Visa Electronic Application, and 3) uploading the required documentation.

Unfortunately, users commonly experience errors while using the Consular Electronic Application Center (CEAC) platform. This includes problems with uploading documents.

When trying to upload documents to CEAC, users who see an “Invalid Image Detected” error must save the completed document as a PDF and re-upload it.

Immigrant Visa Processing Delays

Due to these technical errors, the National Visa Center has been experiencing immigrant visa processing delays. These issues have pushed back immigrant visa processing because the National Visa Center has been unable to promptly receive, and review required documentation.

Other common situations causing delays include submitting incomplete documentation or documentation that is missing required information.

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In this video, attorney Jacob Sapochnick updates our viewers about how long it is taking for an immigrant visa interview to be scheduled at U.S. Consulates and Embassies overseas as of October 2024.

This information can be found on the State Department’s Immigrant Visa Interview Backlog Report. 

Please note that the green card application process will differ for individuals applying from inside the United States (this process is known as Adjustment of Status).

For the purposes of this video, we will focus solely on consular processing for applicants applying for their green card from outside the United States via a U.S. Consulate or Embassy overseas.

If you would like to learn more about this topic, please keep on watching.

How long do I have to wait for NVC to send my case to the U.S. Embassy or Consulate for interview scheduling?

On average, it can take the National Visa Center approximately 45 days to declare your case “documentarily complete.”

A case becomes “documentarily complete” once the applicant has paid all visa fees and submitted all required documents, including the DS-260 Online Immigrant Visa Application, Affidavit of Support, and other supporting documentation.

PRO TIP: To minimize delays, ensure that you are familiar with the documentation you must submit early on, and provide it promptly.

The amount of time you will need to wait for interview scheduling may vary depending on the following factors:

  • Your Preference Category: unless you are the immediate relative of a U.S. Citizen, your preference category will be subject to annual numerical limits. This means that you must check the Department of State’s Visa Bulletin regularly to know how much time you will need to wait before final action can be taken on your case.
  • Country of Nationality: Your country of nationality may also have an impact on the processing of your case. If you are dealing with a U.S. Embassy or Consulate that is in high demand such as India, Pakistan, or the Philippines, then you can expect longer wait times for interview scheduling, due to limited availability of visa interview appointments.

PRO TIP: Be proactive. Ensure that you have submitted all required documentation and follow up with the National Visa Center (NVC) regularly regarding your case.

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Are you applying for an immigrant visa and want to know when your priority date will become current? Then you won’t want to miss this blog post covering the release of the November 2024 Visa Bulletin.

In this video, attorney Jacob Sapochnick explains what you can expect to see in terms of the movement of the family-sponsored and employment-based visa categories in the month of November.

USCIS Adjustment of Status

For employment-based and family-sponsored preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed it will continue to use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of November.

Highlights of the November 2024 Visa Bulletin

At a Glance

Employment-Based Categories

  • All employment-based Final Action Dates and Dates for Filing will remain the same in November as in the October Visa Bulletin.

Family-Sponsored Categories

Final Action

  • F1 Mexico will advance by 1 year and 10 months to November 22, 2004
  • F2A Mexico will advance by 1.2 months to April 15, 2021
  • F2A All other countries will advance by 1.3 months to January 1, 2022
  • F2B Mexico will advance by 5.5 months to July 1, 2005
  • F3 Mexico will advance by 2 months to October 22, 2000
  • F3 Except for the Philippines All other countries will advance by 2 weeks to April 15, 2010
  • F4 Mexico will advance by 1 week to March 1, 2001
  • F4 India will advance by 1 week to March 8, 2006

Dates for Filing

  • F2B Mexico will advance by 11 months to July 1, 2006
  • F3 Except for Mexico and the Philippines All other countries will advance by almost 10 months to April 22, 2012
  • F4 Philippines will advance by almost 12 months to July 22, 2007
  • F4 India will advance by 1.5 months to August 1, 2006

Now let’s analyze each chart.

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If you are interested in applying for the Diversity Visa Lottery program now is the perfect time. Online registration for fiscal year 2026 is now open until Tuesday November 5th at 12 noon Eastern Standard Time.

In this video, attorney Jacob Sapochnick explains everything you need to know about your eligibility for the Diversity Visa lottery, how to apply, and useful tips for how to maximize your chances at selection.

Want to know more? Just keep on watching

Overview

What is the Diversity Visa Lottery program?

Every year, the U.S. government makes available up to 55,000 immigrant visas as part of its Diversity Visa Lottery program (also known as the green card lottery). This program is meant to offer green cards to individuals who are from countries with historically low rates of immigration to the United States to promote diversity.

To participate in the program, you must meet the DV lottery requirements and submit a free online registration during the registration period running from now until Tuesday November 5th at 12 noon Eastern Standard Time.

Winners for the DV lottery for FY 2026 are expected to be announced starting May 3, 2025, through September 30, 2026. Participants can check whether they have been selected on the DOS Website by selecting DV Entrant Status Check.

Entrant Status Check is the ONLY means used by the Department of State to notify selectees of their selection. The Department of State will not mail notification letters or notify selectees by email.

DO NOT BE SCAMMED: There is NO FEE to complete the online registration.

Who is Not Eligible?

Not every country is eligible to participate in the Diversity Visa lottery. For instance, countries like Bangladesh, Brazil, Canada, Mainland China, Colombia, Cuba, the Dominican Republic, El Salvador, Haiti, Honduras, India, Jamaica, Mexico, Nigeria, Pakistan, Philippines, South Korea, Venezuela, Vietnam, etc. are NOT eligible to participate.

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Have you applied for an immigrant or nonimmigrant visa and received a notice of 221(g) administrative processing after your Consular visa interview? If so, then you won’t want to miss this important video explaining what administrative processing is all about and what you can expect during this process.

Overview

What is 221(g) Administrative Processing?

A visa refusal under section 221(g) of the Immigration and Nationality Act (INA) means that an applicant has not established eligibility for their visa to the satisfaction of the Consular officer.

Administrative processing is not a denial. It simply means that your visa has been temporarily refused by the Consular officer, because further review is needed before your visa can be approved. While a 221(g) refusal means that you are not eligible for a visa at this time, it is not the end of the road.

In fact, the majority of cases placed in administrative processing are released from administrative processing and are approved within 60 days of the visa interview. Often, a Consular officer may simply be waiting for the results of the applicant’s background check before they can provide clearance for the visa to be issued.

But for other more complicated cases, including those where concerns relating to fraud, criminal history, or national security concerns are involved, it can take several years before a case can be resolved. The timing of administrative processing will therefore depend on your individual circumstances and other complications rooted in your immigration history.

How do I know if I have been placed in 221(g) Administrative Processing?

Applicants who are placed in 221(g) administrative processing following their visa interview will typically receive a 221(g) notice from the Consular officer at the conclusion of the interview. The notice will indicate that further review is necessary before a final decision can be made, and in some circumstances the notice may request for an applicant to provide additional information or documentation such as travel history.

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If you are applying for an employment-based immigrant visa, you won’t want to miss this important update regarding visa availability. In this video, attorney Jacob Sapochnick discusses some new information released in the Department of State’s September Visa Bulletin which impacts most employment-based preference categories.

Want to know more? Just keep on watching

Overview

Recently, the U.S. Department of State published a new update in its September Visa Bulletin, which warns applicants that due to a steady increase in demand for employment-based visas in fiscal year 2024, the annual numerical limits have been reached for all employment-based preference categories.

As a result, no further immigrant visas or green cards will be issued for the remainder of the fiscal year which ends on September 30, 2024. This means that if your case is currently waiting for interview scheduling with USCIS or the National Visa Center, no further action will be taken on your case until the new fiscal year begins and new final action cutoff dates are issued.

However, the good news is that the new fiscal year will begin on October 1st and a new allocation of visas has been made for the month of October. The October Visa Bulletin was released several weeks ago and has shown great progress.

For the month of October, the Final Action Date for EB-1 Worldwide remains current; EB-3 Worldwide will advance by nearly 2 years to November 15, 2022; and EB-5 Worldwide will remain current. The Final Action Date for EB-5 India will also make significant advancement of 13 months to January 1, 2022, and China will advance by 7 months to July 15, 2016.

Unfortunately, EB-3 China’s Final Action date will retrogress by 5 months to April 1, 2020, and in the Dates for Filing Chart, EB-3 China will retrogress by 7.5 months to November 15, 2020, and EB-5 China will retrogress by 3 months to October 1, 2016.

For more information about the October Visa Bulletin’s advancements, please click here.

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Are you waiting for your priority date to become current on the visa bulletin? Then you won’t want to miss this blog post covering the release of the October 2024 visa bulletin.

In this video, attorney Jacob Sapochnick explains what you can expect to see in terms of the movement of the family-sponsored and employment-based visa categories in the month of October.

USCIS Adjustment of Status

For employment-based preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed it will use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of October.

For family-sponsored preference categories, USCIS will continue to use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of October.

Highlights of the October 2024 Visa Bulletin

At a Glance

Employment-Based Categories

  • The Final Action date for China EB-3 Professionals and Skilled Workers will retrogress by five months, to April 1, 2020. The Date for Filing will retrogress by almost 8 months, to November 15, 2020.
  • The Final Action date for EB-3 Professionals and Skilled Workers Worldwide will advance by almost two years, to November 15, 2022. The Date for Filing will advance by one month, to March 1, 2023.
  • The Final Action date for China EB-5 Unreserved will advance by seven months, to July 15, 2016. The Date for Filing will retrogress by three months, to October 1, 2016.
  • The India EB-5 Unreserved Final Action date will advance by more than one year, to January 1, 2022. The Date for Filing will remain at April 1, 2022.

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In this video, attorney Jacob Sapochnick discusses the process of applying for a green card via “consular processing” for individuals residing outside of the United States.  Additionally, in this video you will learn how long it is taking for an immigrant visa interview to be scheduled as of September 2024.

Please note that the green card application process will differ for individuals applying from inside the United States (this process is known as Adjustment of Status).

For the purposes of this video, we will focus solely on consular processing for applicants applying for their green card from outside the United States via a U.S. Consulate or Embassy overseas.

Steps Involved in Applying for a Green Card via Consular Processing

There are multiple steps involved when applying for a green card visa consular processing. To understand this process, here is an overview of what lies ahead:

Step 1: The first step to begin consular processing is for your qualifying relative to petition for your visa by submitting Form I-130 Petition for Alien Relative with the U.S. Citizenship and Immigration Services (USCIS).

Step 2: After submitting the immigrant petition, it takes USCIS several months to approve the petition. The time it takes for this petition to be approved depends on several factors including the workload of the service center processing your petition and current USCIS backlogs.

Step 3: Once your petition is approved by USCIS, you must check the Department of State’s Visa Bulletin to see whether a green card is available for you based on your priority date as listed on your I-130, I-140, or I-360 approval notice. For PERM applications, the priority date is the date when the PERM was filed with the Department of Labor. Please note that immediate relatives of U.S. Citizens have a green card immediately available, and they do not need to wait in line. However, other green card applicants are subject to numerical quotas.

Step 4: Once your priority date is current on the Visa Bulletin, and a green card is available, USCIS will forward your petition to the National Visa Center (NVC) for further processing. It takes approximately 90 days for the NVC to receive your case from USCIS. The NVC is an intermediary between USCIS and the Department of State, responsible for preparing your application to be sent to the U.S. Consulate or Embassy abroad where you will be interviewed at the end of your application process.

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In this video, attorney Jacob Sapochnick discusses a hot topic addressing what is the fastest method to immigrate a foreign spouse to the United States.

Many couples often wonder what the best option is to immigrate their foreign spouse, such as applying for an immigrant visa at a U.S. consulate overseas or applying for adjustment of status from inside the United States.

To learn more, please keep on watching this video.

Overview

There are two main methods by which a U.S. Citizen can immigrate his or her foreign spouse to the United States.

The most suitable method will depend on the consideration of various factors such as:

  • Is the foreign spouse currently outside of the United States?
  • Is the foreign spouse already inside the United States in lawful status (for example are they on an F-1 student visa, B-1 business visitor visa, or some other temporary visa)?
  • Does the foreign spouse have lawful status in the U.S.?
  • Is it important for you to obtain employment authorization during the immigration process?
  • Is prolonged separation an issue for you?

These are important factors that will determine which process married couples may wish to consider.

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