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.
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.
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.
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.
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.
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.
In this video, attorney Jacob Sapochnick discusses the current status of parole in place applications under the Keeping Families Together program and how a new lawsuit will impact the approval of applications under the program.
To learn more, please keep on watching this video.
What is Keeping Families Together?
The Keeping Families Together program was recently established by presidential executive order to create a pathway to permanent residency for undocumented spouses and stepchildren of U.S. Citizens, who entered the country without inspection, and have been continuously present in the United States since at least June 17, 2024.
Those granted parole in place under Keeping Families Together are given three years to apply for temporary work authorization and permanent residency from inside the United States. At least 500,000 spouses, and about 50,000 of their children are set to benefit from this program.
Parole in place simplifies the green card application process by eliminating the need for spouses to apply for an extreme hardship “waiver,” and to depart the United States to attend a visa interview at a U.S. Consulate abroad.
In doing so, this process prevents prolonged family separation and enables applicants to obtain permanent residency without departing the United States.
Federal Judge Temporarily Halts Parole in Place Program
In this video, attorney Jacob Sapochnick discusses the new parole in place program for undocumented spouses and stepchildren of U.S. Citizens recently announced by the Biden administration.
In this video you will learn about the parole in place application process, who is eligible to apply, and what will happen to those with pending extreme hardship waivers with USCIS.
Overview
On August 19, 2024, the United States Citizenship and Immigration Services (USCIS) began accepting applications for parole in place for undocumented spouses and stepchildren of U.S. Citizens under a new program called Keeping Families Together.
The fee to apply for parole is $580. No fee waivers or fee exemptions are available for this process at this time.
What is parole in place?
Parole in place is a discretionary authorization issued for a 3-year period, that allows certain noncitizens who are present in the United States without admission or parole to become “applicants for admission.”
If granted parole, these individuals may apply for adjustment of status to lawful permanent residence (green card holder) during the parole period, without being required to leave the United States and be processed by a U.S. consulate overseas.
Previously, undocumented spouses of U.S. Citizens who entered without inspection, were required to travel outside the United States to legalize their status through an extreme hardship “waiver” process which required a face-to-face interview at a U.S. Consulate abroad. This process has been very challenging on families because approval of the hardship waiver can take several years and lead to prolonged family separation.
It is estimated that as many as 500,000 noncitizen spouses of U.S. citizens could be eligible for parole in place, and an additional 50,000 noncitizen stepchildren of U.S. citizens.
What are the eligibility requirements for parole in place?
To be considered for a discretionary grant of parole in place under Keeping Families Together, you must meet the following eligibility criteria:
If you are the noncitizen spouse of a U.S. citizen, you must:
Be present in the United States without admission or parole (entered without lawful inspection);
Have been continuously physically present in the United States since at least June 17, 2014, through the date of filing your request;
Have a legally valid marriage to a U.S. citizen on or before June 17, 2024;
Have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security; and
Submit biometrics and undergo required background checks and national security and public safety vetting.
If you are the noncitizen stepchild of a U.S. citizen, you must:
Have been under the age of 21 and unmarried on June 17, 2024;
Be present in the United States without admission or parole (entered without lawful inspection);
Have been continuously physically present in the United States since at least June 17, 2024, through the date of filing your request;
Have a noncitizen parent who entered into a legally valid marriage with a U.S. citizen on or before June 17, 2024, and before your 18th birthday;
Have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security*; and
Submit biometrics and undergo required background checks and national security and public safety vetting.
Please read the frequently asked questions on the USCIS webpage here.
Can you apply for a green card while you are inside of the United States on a tourist visa? In this video, attorney Jacob Sapochnick addresses this important topic.
Overview
B1/B2 Tourist Visa and Nonimmigrant Intent
The B1/B2 tourist visa is a nonimmigrant visa type that allows foreign nationals to visit the United States temporarily for one specified purpose, to engage in tourism or engage in permitted business activities like attending a business conference. The maximum period that a B1/B2 visitor can remain in the United States is 6 months.
Those traveling on such a visa must maintain what is called “non-immigrant” intent when arriving to the United States, meaning that travelers must intend to depart to their home country at the conclusion of their trip.
Misrepresenting your true intentions for traveling to the United States may spell disaster for you in the future and lead to serious immigration consequences including a bar on your future entry to the U.S., due to misrepresentation or fraud.
Those who intend to live or work in the United States must apply for the appropriate visa type and should not enter the United States on a B1/B2 visa.
Change in Circumstances After Arrival in the U.S.
Now let’s imagine that after your arrival to the United States on a B1/B2 visa, your life circumstances have changed. You’ve become engaged to a U.S. Citizen, you’ve secured a job offer for your dream job and your employer wants to sponsor you for a green card, what happens in these situations? Is it possible for you to change your status from a tourist to a permanent resident? The answer is it depends.
The key consideration here is whether you maintained “non-immigrant” intent at the time of your entry to the United States. Under immigration law, a temporary visa holder who enters the United States and gets married or files their green card application within 90 days of their entry, is presumed to have misrepresented his or her true intentions for traveling to the United States on a temporary visa. Such individuals are generally not eligible to apply for adjustment of status to permanent residence (a green card) from inside the United States.
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.
Have you ever been confused about how to read the Visa Bulletin or wanted to learn more about how it works? Then you won’t want to miss this important video.
In this video, attorney Jacob Sapochnick breaks down everything you need to know about how to read and understand the Visa Bulletin issued by the State Department.
Overview
What is a Priority Date?
First, let’s discuss what a priority date is in immigration law.
A priority date is the date that U.S. Citizenship and Immigration Services (USCIS) received your I-130 immigrant petition for alien relative, or I-140 immigrant petition for alien worker. For employment-based cases, where a labor certification application is required, the priority date is the date on which the labor certification was received by the Department of Labor.
Essentially, a priority date determines a person’s place in line in the immigrant visa queue because there are a limited number of green cards available in a given year. The limited number of visas is also referred to as an annual numerical limitation or “visa cap,” set by the U.S. Congress.
A priority date is critically important because it determines when you can apply for your green card (if you are in the U.S.), or your immigrant visa at a consulate overseas.
Immigration Lawyer Blog
