Articles Posted in Family sponsorship

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Welcome back to Immigration Lawyer Blog! In this video, attorney Jacob Sapochnick discusses a hot topic in the world of immigration, why is the National Visa Center taking such a long time to process cases? What are some predictions on the status of visa processing in the future? If you are interested in receiving more information about the National Visa Center, or if your case is stuck at the National Visa Center, this is the right video is for you.

Overview

In this video, we will discuss the National Visa Center February backlog report, which contains important statistics and data that has been provided by the Department of State to provide transparency to the public. The Coronavirus pandemic has caused an enormous backlog at Embassies worldwide, which are expected to continue for months to come. Please note that the National Visa Center backlog report changes on a regular basis, and often the information released can become easily outdated as the NVC works to move these cases through the pipeline.

In addition, this data is specific to cases that have been processed by National Visa Center and that have been determined to be “documentarily complete.”  It does not reflect Immigrant Visa cases that have already been transferred to an embassy or consulate for interview, cases that are still with USCIS for petition approval, or cases that are not considered documentarily complete.

First let’s discuss, what is the National Visa Center?

The National Visa Center (NVC) is a government agency that is responsible for the pre-processing of all immigrant visa petitions approved by the United States Citizenship and Immigration Services (USCIS) including family sponsored and employment-based immigrant petitions of foreign nationals residing overseas. The National Visa Center serves as an intermediary between USCIS, where the immigrant visa petition was first approved, and the U.S. Consulate, where the foreign national will eventually undergo their immigrant visa interview.

Once the immigrant visa petition has been approved by USCIS, the application is then forwarded to the National Visa Center located in Portsmouth, New Hampshire, where it will be pre-processed and retained until the immigrant visa application is ready to be adjudicated at the foreign national’s closest U.S. Consulate or Embassy. It takes approximately 30-60 days for an immigrant visa application to be transferred from USCIS to the National Visa Center. The National Visa Center recommends that an applicant wait at least 90 days from the date of the immigrant petition’s approval before calling to confirm the receipt of an application. Remember that an immigrant visa will not be scheduled for an interview, until the applicant’s priority date becomes current on the Visa Bulletin. Certain categories of immigrants are not subject to numerical limitations, while many others are.

How long will the NVC take to process my case?

After you have submitted all of your required documentation to the National Visa Center, paid the visa fees, and uploaded all of the necessary documents to your Consular Electronic Application Center (CEAC) portal, it can take anywhere from 3 to 6 months for the National Visa Center to review your documentation and determine that your case is “documentarily complete.”

If you have submitted all documentation as required by the National Visa Center, you will receive an email which states the following:

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Welcome back to Immigration Lawyer Blog! In this video, attorney Jacob Sapochnick provides a brand-new update from the Department of State granting immigrant visa fee exemptions for certain visa applicants who were previously denied visas under Presidential Proclamations 9645 and 9983.

Want to know more? Just keep on watching

Overview

As you may be aware, on January 20, 2021, President Biden issued Presidential Proclamation 10141, “Ending Discriminatory Bans on Entry to the United States,” which immediately rescinded Proclamations 9645 and 9983. These Proclamations had temporarily banned the entry of immigrants from Burma, Eritrea, Iran, Kyrgyzstan, Libya, Nigeria, North Korea, Somalia, Sudan, Syria, Tanzania, Venezuela, and Yemen.

The Department of State has now made changes to its regulations calling for the exemption of immigrant visa (IV) fees for certain applicants who were previously denied an immigrant visa solely based on the temporary travel ban outlined in Proclamations 9645 and 9983.

What changes has the government made?

Effective immediately, all immigrant visa applicants who were previously denied an immigrant visa on or between December 8, 2017, and January 19, 2020, with the sole ground of ineligibility based on Proclamations 9645 or 9983, will be exempted from paying a new immigrant visa application fee or affidavit of support fee if they are reapplying for an immigrant visa.

Applicants will not need to pay a second fee if the following conditions are met:

  1. The immigrant visa applicant was previously denied an immigrant visa on or between December 8, 2017, and January 19, 2020; and
  2. The sole ground of ineligibility was based on Presidential Proclamation. 9645 or P.P. 9983; and
  3. The applicant is reapplying for an immigrant visa.

The Department of State has made clear that this new change in regulation is not retroactive and no refunds will be distributed based on this change.  This new provision will allow for a one-time exemption of the applicable fees per applicant.

Separate from this form of relief, the Department of State regulation 22 C.F.R. 42.81(e) states that an immigrant visa applicant is not required to pay a new application fee when seeking reconsideration of a visa refusal, so long as they (1) apply within one year of the refusal date, and (2) provide additional evidence that overcomes the ineligibility on which the visa was denied.

The Department of State has said that individuals who were refused on or after January 20, 2020, may benefit under that regulation and fee exemption, because they are presumed to have sought reconsideration of their prior refusals on January 20, 2021, when the President issued Proclamation 10141.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the February 2022 Visa Bulletin and what you can expect in terms of movement or retrogression in the employment based and family sponsored preference categories.

Want to know more? Just keep on watching.

Overview

What’s happening in the employment-based categories?

According to the Department of State’s February 2022 Visa Bulletin, the following final action cutoff dates will apply for the issuance of an immigrant visa for employment-based categories:

  • EB-1: All countries, including India and China, will remain current.
  • EB-2: India advanced by nearly 6 months to January 1, 2013, and China advanced by more than 5 weeks to March 1, 2019. All other countries will remain current.
  • EB-3 Professionals and Skilled Workers: EB-3 India and China will remain the same as the previous months at January 15, 2012 and March 22, 2018 respectively. All other countries will remain current.
  • EB-4 Certain Religious Workers: All countries, except El Salvador, Guatemala, Honduras, and Mexico, will remain current. El Salvador, Guatemala, Honduras remains at March 15, 2019, and Mexico remains at April 1, 2020
  • EB-5: The Non-Regional Center program will be current for all countries, including China. The Regional Center program has expired and is listed as unavailable in the February 2022 Visa Bulletin. If reauthorized, the Regional Center program will mirror the Non-Regional Center final action dates, except China, which would be subject to a November 22, 2015, final action date.

Which filing chart do I use if I want to apply for adjustment of status based on employment within the USA?

All employment-based preference categories, except EB-5 petitions based on the Regional Center Program, may apply for adjustment of status using the Dates for Filing chart in the Department of State Visa Bulletin for February 2022.

What’s happening in the family-sponsored categories?

According to the Department of State’s February 2022 Visa Bulletin, the following final cutoff dates will apply for the issuance of an immigrant visa for family-sponsored categories:

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Welcome back to the Immigration Lawyer Blog! It’s the start of a brand-new year and as always, we at the Law Offices of Jacob J. Sapochnick, are committed to bringing you the latest in immigration news. We are happy for you to join us.

In this video, attorney Jacob Sapochnick shares his top predictions for U.S. immigration in the new year. In this blog post we cover the following topics: What will happen to visa processing during the COVID-19 pandemic? Will there be immigration reform in the new year? Will any new changes be made to the H-1B visa program? What about fee increases? Stay tuned to find out more.

Overview

What are some of our key immigration law predictions for the upcoming year?

Increase in Filing Fees for USCIS petitions and DOS Non-Immigrant Visa Fees

Our first prediction for the new year is an increase in filing fees at both the USCIS and Department of State levels, to help increase government resources during the ongoing COVID-19 pandemic. As you might recall, back in October of 2020, USCIS attempted to increase its filing fees to meet its operational costs. Among the petitions that were to be the most impacted were N-400 applications for naturalization, L visa petitions, O visa petitions, and petitions for qualifying family members of U-1 nonimmigrants.

Fortunately, in September of 2020, a federal court struck down the planned USCIS increase in fees arguing that the new fee increases would adversely impact vulnerable and low-income applicants, especially those seeking humanitarian protections.

We believe that early in the new year USCIS will again publish a rule in the Federal Register seeking to increase its fees to help keep the agency afloat. USCIS previously insisted that the additional fees were necessary to increase the number of personnel at its facilities to meet the increasing demand for adjudication of certain types of petitions. It is no secret that USCIS has experienced severe revenue shortfalls since the start of the pandemic as more and more families found it difficult to afford filing fees. Once those details have been made public we will provide more information right here on our blog and on our YouTube channel.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses a major new development in immigration law: H.R. 5376, the Build Back Better Act was passed by the U.S. House of Representatives on November 19, 2021 and will now move to the U.S. Senate for consideration.

In this blog post, we break down all the major immigration provisions of the Build Back Better Act, including the introduction of new fees that will apply to certain categories of immigrants to request a waiver of the numerical limitations under the law.

Want to know more? Just keep on watching.

Overview

What are the major immigration provisions of the Build Back Better Act?

If passed section 60001 of the House bill would amend certain provisions of the Immigration and Nationality Act and open a path to permanent residency for four classes of immigrants allowing them to adjust their status to permanent residence (a green card). To be eligible, applicants would be required to pay a supplemental fee of $1,500, have no criminal background, and have no inadmissibility issues.

Under the bill, the following individuals would be eligible to apply for permanent residency:

  1. Dreamers: young undocumented immigrants brought to the United States as children before 2007, who have continuously resided in the United States, gone to school, and who otherwise have no criminal record
  2. Essential Workers: The Act would also extend an opportunity to individuals in our workforce who have played an essential role in our society, especially throughout the COVID-19 pandemic, such as health care workers, energy and transportation workers, public works employees, and manufacturing workers, among others.
  3. Temporary Protected Status recipients: recipients of Temporary Protected Status would also be eligible to apply for permanent residency. Temporary Protected Status is a temporary designation given to eligible nationals of designated countries affected by armed conflict or natural disaster. The TPS designation allows recipients to live and work in the United States on a lawful temporary basis
  4. Deferred Enforcement Departure applicants: those who have received a grant of Deferred Enforced Departure would also be eligible to apply for permanent residency. Deferred Enforced Departure (DED) (formerly Extended Voluntary Departure) is a form of relief from removal that allows certain individuals from designated countries and regions facing political or civic conflict or natural disaster to live and work in the United States on a lawful basis.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. We hope you spent a wonderful Thanksgiving holiday with your loved ones. We are grateful for all our viewers and the support you give us on this platform. We thank you for your trust and support.

In this video, attorney Jacob Sapochnick answers one of your frequently asked questions: I have a green card, why should I become a U.S. Citizen? In this blog post, you will find out what your rights are as a permanent resident versus a U.S. Citizen, and some of the key advantages you have as a U.S. Citizen.

Keep on watching to find out more.

Overview

What is the difference between having a green card and U.S. Citizenship?

First, let’s discuss the basics. When a person wants to immigrate to the United States permanently, the first step is to apply for a green card (also known as permanent residence). There are various different ways a person can qualify for a green card. The most common avenues to obtain a green card are family sponsorship through a qualifying relative (U.S. Citizen or LPR spouse, child, parent, or sibling) or employment-based sponsorship, where an individual will first obtain a work visa based on a job offer and then become eligible to apply for permanent residence through their employer. There are also other special categories of immigrants such as asylum seekers, Violence Against Women Act (VAWA) victims of domestic violence, diversity visa lottery winners, and many others who also qualify for a green card. There also green card avenues for individuals of exceptional ability (EB-1), those whose employment is in the national interest (EB-2), and EB-5 immigrant investors who invest at least half a million dollars in a new business enterprise or Regional Center project. While there are many ways to obtain a green card, the ultimate goal is to obtain permanent residency.

Once a person has obtained a green card, typically that person must wait a number of years before being eligible to apply for U.S. Citizenship. For instance, those who obtained their green card based on marriage to a U.S. Citizen and continue to remain married, must wait 3 years from the date they became a permanent residence to apply for citizenship. All others must wait 5 years from the date they became a permanent resident to become eligible to apply for U.S. Citizenship.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick answers one of your frequently asked questions: What happens to a family immigration petition if the petitioner (also known as the sponsor of the application) suddenly dies? Sadly, this situation comes up more often than we would like to admit. In this circumstance it is important to know what you can expect if the sponsor of your petition has died, and your options to legalize your status.

Keep on watching to find out more!

Overview

In the past, when a petitioner died while a petition remained pending, the petition could not be approved. Thankfully in 2009, Congress passed legislation known as the Family Sponsor Immigration Act to help applicants in this exact scenario creating a new statutory provision under the Immigration and Nationality Act known as 204(l). This provision in the law gives noncitizens the ability to seek an immigration benefit through a deceased qualifying relative under certain circumstances.

Specifically, the Family Sponsor Immigration Act, provides relief for spouses of U.S. citizens and permanent residents, unmarried sons and daughters of citizens, spouses and unmarried sons and daughter of green card holders, married sons and daughters of citizens, and brothers and sisters of citizens, in cases where the original petitioner has died. Such individuals may seek reinstatement of their immigrant petition based on humanitarian grounds if they meet the below mentioned conditions:

  • your Form I-130 has already been approved by USCIS
  • you were living in the United States at the time the petitioner died and continue to reside there on the date USCIS makes a decision on your application, and
  • you find someone eligible and willing to act as your financial sponsor in place of your original petitioner (a substitute sponsor, as described below).

What if I lived overseas when my petitioner died?

If you lived overseas when your petitioner died you will not be able to continue with your application, however you can apply for humanitarian reinstatement with USCIS. You must seek the guidance of an experienced attorney in this area of the law as these matters can become complicated quickly.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick tells you everything you need to know about the new Congressional reconciliation bill known as H.R. 5376 “the Build Back Better Act.” How might this piece of legislation impact you in your immigration journey? Want to know what you can expect in terms of potential upcoming changes in the law?

Keep on watching to find out more!

Overview

The Biden administration has released a new bill, the Build Back Better Act, that includes a new immigration framework that if passed would positively benefit employment-based green card applicants. The bill also sets aside $100 billion dollars for immigration purposes to reduce the immigrant visa backlogs and to recapture unused immigrant visas.

New Framework for Immigration Reform

Over the past few months, Congressional Democrats have been working on passing comprehensive immigration reform to modernize the current immigration system and open a pathway to citizenship for young undocumented immigrants known as “Dreamers,” and other groups of individuals including highly skilled immigrants. The Democrats have presented several immigration reform proposals to the Senate Parliamentarian to increase the chances of passing immigration reform without having to receive majority support from the Republican party. Passing reform through a reconciliation bill has been the most effective means of bringing about much needed changes because of opposition for reform in our current immigration climate.

The proposals in this new bill are interestingly much different from other proposals we have seen so far from Democrats. If passed, the bill would prioritize recapturing immigrant visas in family and employment-based categories for immigrant visa numbers that went unused between Fiscal year 1992 and fiscal year 2021. Such a provision would have the potential of adding more than 220,000 employment-based green cards to the current pool of immigrant visas currently available according to researchers. This would be a groundbreaking new policy because it would have the potential to drastically reduce the current visa backlogs, in both the family and employment-based categories. In some family-based categories, applicants must wait over 20 years for their priority date to become current and a visa to become available. Recapturing new visa numbers and putting them back into the system will be very advantageous for those waiting for a visa.

While the final outcome of this proposal is still uncertain, it is a good preview of what is to come and of its potential for approval in the House and the Senate.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the November Visa Bulletin and what you can expect in terms of movement or retrogression in the employment based and family sponsored preference categories.

Want to know more? Just keep on watching.

Overview

What’s happening in the family-sponsored categories?

Due to the ongoing pandemic and unprecedented backlogs at U.S. Embassies and Consulates worldwide, with the exception of the F2A category which remains current, there has been no movement in the worldwide family-sponsored preference categories. Charles Oppenheim, the Chief of the Immigrant Visa Control and Reporting Division of the U.S. Department of State, has said that he does not expect any movement whatsoever in the family sponsored worldwide dates before January and possibly even longer.

Consular posts and Embassies are doing their best to normalize operating capacity, however the majority of posts continue to work on a limited basis according to a four-tier prioritization schedule. Delays in visa processing continue to be expected for the foreseeable future based on the extraordinary demand for interview appointments and the lack of resources at Consular posts overseas to accommodate interviews for all applicants.

With respect to the F2A category, spouses and children of permanent residents lawfully residing in the United States can proceed with filing their adjustment of status applications with USCIS given that the F2A category remains current.

What’s happening in the employment-based categories?

According to the Department of State’s November 2021 Visa Bulletin, the following final cutoff dates will apply for the issuance of an immigrant visa for employment-based categories:

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick shares a new update from the Department of State that was recently provided to the American Immigration Lawyers Association (AILA) Liaison Committee regarding the movement of family sponsored categories on the Visa Bulletin. This information was not previously shared on the “Chats with Charlie,” monthly broadcast with Charlie Oppenheim, the Chief of the Immigrant Visa Control and Reporting Division at the Department of State. Additionally, we share new updates regarding employment-based sponsorship, the current retrogressions in the EB-3 category, as well as Diversity Visa lottery updates following recent developments in the judicial system.

Want to know more? Just keep on watching!

Overview

What’s the latest news with respect to immigrant visa numbers?

U.S. immigration laws limit the number of immigrants that can be admitted to the United States each year. The annual numerical immigrant visa limits are based on complex formulas and are subdivided among several preference categories and country “caps.” To illustrate, the annual limit for family-sponsored petitions is 480,000, which includes visas for immediate relatives, while 140,000 visas are allocated for employment-based immigrants. Unused family preference visas from the preceding years are added to employment-based visa numbers to maximize number use.

We have learned that employment-based visa numbers for fiscal year 2022 are expected to be 290,000 – an all-time high. As of today, the pending demand experienced by both the State Department and USCIS in the employment third preference category, for applicants born in India and China, will already exceed the amount of numbers that are available to applicants from those countries throughout fiscal year 2022 in the third preference category. In comparison, in fiscal year 2021, only 9,000 employment-based visas in the third preference category went unused. In fiscal year 2022, there may be close to 85,000 unused employment-based immigrant visas.

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