Articles Posted in Family Visas

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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 our analysis of the April 2025 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 April.

USCIS Adjustment of Status

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

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

Please click here for more information.

Highlights of the April 2025 Visa Bulletin

At a Glance

What can we expect to see in the month of April?

Employment-Based Categories

Dates for Filing Advancements

EB-2 Members of the Professions and Aliens of Exceptional Ability

  • EB-2 India will advance by 1 month to February 1, 2013
  • EB-2 China will advance by 1 month to November 1, 2020

EB-3 Other Workers

  • EB-3 Worldwide, Mexico, and the Philippines will advance by 1 month to June 22, 2021

Final Action Advancements & Retrogressions

EB-1 Aliens of extraordinary ability, Outstanding Professors and Researchers, and Certain Multinational Managers or Executives

  • EB-1 India will advance by 2 weeks to February 15, 2022

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Are you applying for permanent residency based on marriage to a U.S. Citizen or lawful permanent resident in 2025?

If so, you won’t want to miss this important video addressing the challenges that couples may soon be facing during their immigration process under the Trump administration.

To learn what you need to look out for and how to minimize difficulties in the process, please continue watching this video.

Overview

Trump’s return to the White House has changed the immigration landscape in several important ways that will impact the green card process for couples applying both inside the United States with the U.S. Citizenship and Immigration Services (USCIS), and those applying for spousal visas at U.S. Consulates and Embassies abroad.

In this video, we address these changes and how you can prepare for these challenges in the years ahead.

Reduction of Consular Staff Will Lead to More Immigrant Visa Appointment Backlogs in 2025

For those applying for spousal visas through Consular processing, one of the most impactful changes is a recent executive order signed by Trump directing the State Department to reduce visa staff and local employees at U.S. Embassies and Consulates overseas.

Along with these changes, the President has asked the State Department to revise or replace the Foreign Affairs Manual (FAM), and all handbooks, procedures, and guidance used by Consular officers when issuing U.S. visas. This means that visa applications may be scrutinized more heavily moving forward, and interpretations of the law may be viewed more narrowly.

In a practical sense, this reduction in Consular staff means that spouses will experience longer wait times to receive immigrant visa interview appointments, because posts around the world will have more limited resources to respond to the large caseloads.

Moving forward spouses should expect their cases to remain warehoused at the National Visa Center (NVC) for extended periods until an interview appointment becomes available.

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In this video attorney Jacob Sapochnick discusses a new executive order signed by President Trump called “One Voice for America’s Foreign Relations,” instructing U.S. Consulates and Embassies worldwide to start laying off visa officers and local employees.

How will this impact those currently going through the non-immigrant or immigrant visa process?

What about employees inside and outside of the U.S. who need to visit a U.S. Consulate or Embassy for visa stamping?

Learn everything you need to know about this executive order in this video.

Overview

“One Voice for America’s Foreign Relations,” is a new executive order signed by the President that calls for major reforms of the Foreign Service, including U.S. Embassies and Consulates.

Specifically, the executive order calls for changes to recruiting, performance, evaluation, and retention standards, and the programs of the Foreign Service Institute, “to ensure a workforce that is committed to faithful implementation of the President’s foreign policy.”

In implementing the reforms, the order directs the Secretary of State to revise or replace the Foreign Affairs Manual (FAM) used by Consular officers when deciding whether to issue U.S. visas, and directs subordinate agencies to remove, amend, or replace any handbooks, procedures, or guidance used for issuing visas.

The impact of this executive order will be the reduction of visa staff and local employees working at U.S. Embassies and Consulates responsible for issuing visas.

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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 our analysis of the March 2025 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 March.

USCIS Adjustment of Status

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

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

Please click here for more information.

Highlights of the March 2025 Visa Bulletin

At a Glance

What can we expect to see in the month of March?

Employment-Based Categories

Dates for Filing

  • No change from previous month 

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After just two weeks in office, President Trump has overhauled the U.S. immigration system passing countless executive orders to begin his mass deportations and secure the southern border.

But how will his administration deal with legal immigration? In this video, we cover some of the changes that adjustment of status (green card) applicants can expect to see under the Trump administration in 2025, including upcoming case processing delays at the U.S. Citizenship and Immigration Services (USCIS), the end of green card interview waivers, the rise in Requests for Evidence (also known as RFEs), the public charge rule, and much more.

For more about how these changes can impact your case, please keep watching.

Overview

Green Card through Adjustment of Status

Applicants who are interested in applying for permanent residence while in the United States can do so through a process known as “adjustment of status.”

To qualify for adjustment of status, generally applicants must have entered the U.S. lawfully and be physically present in the United States.

Additionally, there must be an underlying immigrant petition filed by a qualifying family member (Form I-130) or by a U.S. employer (Form I-140). Certain employment-based applicants may self-petition without an employer, such as applicants seeking an EB-2 National Interest Waiver or EB-1A Aliens of Extraordinary Ability.

Examples of family members who can petition for immigrant aliens include spouses of U.S. Citizens, unmarried children under 21 years of age of a U.S. Citizen, or parents of U.S. Citizens.

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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 our analysis of the February 2025 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 February.

USCIS Adjustment of Status

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

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

Please click here for more information.

Highlights of the February 2025 Visa Bulletin

At a Glance

What can we expect to see in the month of February?

Employment-Based Categories

Dates for Filing

  • No change from previous month 

Final Action Advancements

EB-2 Members of the Professions and Aliens of Exceptional Ability

  • EB-2 India will advance by two weeks to October 15, 2012

EB-3 Professionals and Skilled Workers

  • EB-3 India will advance by two weeks to December 15, 2012
  • EB-3 China will advance by one month to July 1, 2020

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Now that 2025 is in full swing, in this video, we will discuss our predictions for visa availability for employment-based and family-sponsored preference categories, based on historical patterns and statistical information from the past year.

If you are waiting for your priority date to become current on the Visa Bulletin and want to know when your immigrant visa might be issued, you won’t want to miss this video.

Overview

Each year, the availability of immigrant numbers for employment-based preference immigrants is calculated based on Section 201 of the Immigration and Nationality Act (INA).

For FY 2024, the annual numerical limit for family sponsored immigrant visas was 226,000. Of these visas, only about 170,000 visas were actually allocated and issued to family sponsored immigrants. Approximately 58,000 visas were left unused in fiscal year 2024 due to country specific backlogs and scheduling delays.

That leaves a substantial number of unused family visa numbers that can potentially be transferred to employment-based visas in fiscal year 2025.

It is important to note that for fiscal year 2024, the Department of State determined that the employment-based annual limit would be 160,791, due to unused family-sponsored visa numbers from fiscal year 2023 being added to the employment-based limit for fiscal year 2024.

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In recent months, President elect Donald Trump pledged to end birthright citizenship – a right that is protected by the 14th amendment.

In this video, Jacob Sapochnick answers an important question, can he really do it?

Keep on watching this video to learn more.

Overview

Donald Trump made national headlines during a recent interview with NBC news where he suggested he would end birthright citizenship with the passage of an executive order.

In his interview, he told the media, “We’re gonna have to get it changed, or maybe I would go back to the people, but we have to end it. We’re the only country that has it…I was going to do it through executive action…”

The Trump team is also reportedly seeking to crack down on birth tourism, a phenomenon, where expecting mothers travel to the United States to give birth for the purpose of obtaining U.S. Citizenship for their child.

What is Birthright Citizenship?

Birthright citizenship means that any person born on U.S. soil automatically becomes a U.S. Citizen. This right is enshrined in the 14th amendment of the U.S. Constitution

Interpretation of the 14th Amendment

Trump allies believe that the 14th amendment has been misinterpreted and does not apply to children born in the United States to undocumented parents. They also take the position that birthright citizenship does not apply to noncitizens entering the country on temporary visas like B1/B2 to give birth.

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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 our analysis of the January 2025 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 January.

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 December.

Highlights of the January 2025 Visa Bulletin

At a Glance 

What can we expect to see in January 2025?

Employment-Based Categories

Dates for Filing

  • No change from previous month 

Final Action Advancements

EB-2 Members of the Professions and Aliens of Exceptional Ability

  • EB-2 India will advance by two months to October 1, 2012
  • EB-2 China will advance by one month to April 22, 2020
  • EB-2 All other countries will advance by two weeks to April 1, 2023

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 What will Trump’s immigration policies look like during his second term? In this video, attorney Jacob Sapochnick breaks down what families need to know before he takes office.

You will learn all about the upcoming changes that may impact family-based immigration, and how his policies may slow down the processing of immigrant visas at U.S. Embassies and Consulates abroad.

This information is based on the Trump administration’s campaign promises, and actions taken during his first term in office. While we do not know for certain what is to come, applicants should expect a departure from the Biden administration’s immigration policies.

Overview

Looking back on President Trump’s first term in office, his administration issued far-reaching executive actions on immigration. From Muslim travel bans to an overhaul of the public charge rule, the immigration process became much more restrictive.

Many of these executive actions and policy changes may be reinstated during his first 100 days in office, causing more headaches for family-based immigrants.

Here are some of the changes that may be expected from the Trump administration.

Return of the Public Charge Rule for Green Card and Immigrant Visa Applicants

To obtain a green card or immigrant visa, applicants must demonstrate that they are not likely to become a “public charge” on the U.S. government. A person who is likely to depend on government assistance for their basic needs is deemed a “public charge.”

In 2019, the Trump administration expanded the criteria used by USCIS and Consular officials to determine whether an immigrant is likely to become a public charge. Under Trump’s public charge rule, the use of public benefits (such as food stamps, Medicaid, and Section 8 housing assistance) were factors that were considered in public charge determinations, making it more difficult for immigrants receiving these benefits to obtain a green card.

The Trump administration also required USCIS and Consular officers to weigh several factors when making a public charge determination, including the applicant’s age, health, family status, assets, resources, financial status, education, and skills.

Proof of Personal Financial Resources

To make matters worse, Trump’s public charge rule also required green card applicants to show proof of personal financial resources.

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