Articles Posted in Immigration News

by

If you are applying for an immigrant visa through Consular processing, you will encounter the National Visa Center (NVC). The NVC is an agency located in Portsmouth, New Hampshire, that is responsible for pre-processing your application after your immigrant petition has been approved by USCIS. The agency functions as an intermediary to collect further documentation from you before your interview can be scheduled at a U.S. Embassy or Consulate overseas.

In this video, Jacob Sapochnick discusses what can happen when the National Visa Center closes your case when no action has been taken.

Overview

What should you do if the NVC closes your case?

It is important to understand that once your petition has been approved by USCIS, your case will be forwarded to the National Visa Center (NVC). When your priority date is current on the Visa Bulletin, and a visa number is available, the NVC will contact you to collect certain documentation to continue processing your case. This includes the submission of various civil documents such as photocopies of your birth certificate, marriage certificate, military records, police clearance certificates, payment of your visa fee, etc.

If you ignore or do not reply to requests from NVC to submit your documentation within one year of receipt, the NVC can terminate your case under section 203(g) of the Immigration and Nationality Act, which can lead to your case being destroyed and potentially losing your priority date.

Your priority date is essentially your place in line for a green card. Losing your priority date would have devastating consequences, especially for preference categories with extremely long wait times because you would lose your place in line and have to start the immigration process all over again.

Continue reading

by

Have you ever wondered how you can apply for a green card renewal while outside of the United States? In this video, attorney Jacob Sapochnick tells you everything you need to know about this process.

We also discuss how you can travel internationally if your green card has already expired.

If you want to know more about this topic, please keep on watching!

Overview

This topic will be of interest to permanent residents who are overseas and now have an expired green card, as well as those who want to travel abroad but have an expired green card.

When you are issued a green card (Permanent Residence), it essentially means that you have the right to live permanently in the United States for a renewable period of 10 years.

Some of the benefits of being a lawful permanent resident are that you can accept employment without restriction, own property, receive financial assistance at public colleges and universities, and join the Armed Forces. Before the expiration of your permanent resident card, you must apply to renew it by filing Form I-90 with the U.S. Citizenship and Immigration Services (USCIS).

Continue reading

by

Are you applying for an immigrant visa (green card) or fiancé(e) visa at a U.S. Embassy or Consulate abroad? Then you won’t want to miss the important tips we share in this video.

One of the most important pieces of evidence you will need to take to your visa interview is a police clearance certificate from your country of nationality to prove that you do not have a criminal record.

While the process of obtaining a police clearance certificate may seem simple enough, it is very important to know how to properly request one to avoid delays following your interview.

To know more about this topic, please keep on watching!

Overview

What is a Police Clearance Certificate?

A police clearance certificate is an official government document typically issued by a state police agency that documents any arrests for an individual, while that person was living in a particular area.

Those who are applying for an immigrant visa (green card) while living abroad, as well as K-1 fiancé(e) visa applicants, are required to submit a police certificate, issued by a police authority, from all countries where they have lived in the past, even if they have no criminal record in any of those countries.

Applicants with a criminal history must discuss their criminal record with an immigration attorney to determine if they are admissible to the United States.

Note: if you are applying for adjustment of status (green card) inside of the United States, you do not need to provide a police clearance certificate. Instead, you must provide any arrest records.

Continue reading

by

Did you know? The Department of State is accepting online registrations for the Diversity Visa Program (Green Card Lottery) for fiscal year 2025 now through Tuesday, November 7th at noon EST. 

You won’t want to miss the opportunity to win one of 55,000 green cards available to certain nationals of countries with historically low rates of immigration to the United States.

To find out if you qualify for this program, just keep on watching this video!

Overview

What is the Diversity Immigrant Visa Program?

Every year, the Department of State runs the Diversity Immigrant Visa Program also known as the “Green Card Lottery.” It is a U.S. government program for obtaining permanent residency in the United States (a green card). The program is open to nationals from designated countries that have low rates of immigration to the United States and who meet specific educational requirements. It provides an inexpensive and relatively simple path to obtain a green card for individuals who may not otherwise qualify for permanent residence through any other alternative under U.S. immigration law.

Nationals of qualifying countries may register for the program for free at dvprogram.state.gov. You can apply for the green card lottery whether you live overseas or are currently inside the United States. Once the registration period has closed, the Department of State will conduct a random lottery to select those who will be eligible to apply for their green cards beginning October 1, 2024.

Continue reading

by

In this video, attorney Jacob Sapochnick discusses different avenues that an employer may wish to take if their employee’s PERM labor certification has been denied by the U.S. Department of Labor (DOL). For those who are unaware, the PERM labor certification process allows a U.S. employer to sponsor a foreign worker’s green card so that they can live and work permanently in the United States. PERM is the first step the U.S. employer must take before they can file the foreign worker’s immigration petition with the U.S. Citizenship and Immigration Services (USCIS) also known as Form I-140 Immigrant Petition for Alien Worker.

But what happens when the employer’s PERM labor certification application is denied by the Department of Labor? We discuss all that and more right here on this video.

Overview

The denial of a PERM labor certification application can be frustrating because employers and foreign workers invest a great deal of time and expense to ensure that the process goes smoothly.

There are generally three steps involved in the process of obtaining permanent residence through an employer:

  1. The U.S. employer must file a labor certification application with the U.S. Department of Labor. This requires the employer to prove that there are not sufficient U.S. workers able, willing, qualified, and available to accept the job being offered in the area of intended employment. This is proven by going through a recruitment process where the employer places multiple advertisements for the position. The employer must also show that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.
  2. Once a permanent labor certification application has been approved by the DOL, the employer will need to file Form I-140 Immigrant Petition for Alien Worker with USCIS on behalf of the foreign worker.
  3. Upon approval of Form I-140, the applicant can proceed with applying for adjustment of status to permanent residence with USCIS. In some instances, the I-140 and I-485 can be filed concurrently.

Continue reading

by

Did you know that if you are going through the green card process based on marriage to a U.S. Citizen in the United States, sometimes an immigration official from the U.S. Citizenship and Immigration Services (USCIS) may show up at your home unannounced. How often does this happen and how can you prepare?

We invite you to learn more about this important topic.

Overview

The USCIS Fraud Detection and National Security Directorate (FDNS) was established to combat and investigate immigration-related fraud including marriage fraud.  The FDNS also operates the Fraud Detection and National Security data system which tracks and manages cases which are under review for potential immigration fraud. Reports are generated by the FDNS data system and distributed to other government agencies for further investigation depending on the severity of the case, such as the Department of State (DOS), the Federal Bureau of Investigation (FBI), or Immigration and Customs Enforcement (ICE).

Surprise Home Visits: When do they happen and how do they happen?

Part of the responsibilities of the FDNS are to conduct site visits for both employment-based and family-sponsored immigration petitions. Most commonly, site visits are conducted at places of worship as part of the process to petition an R-1 nonimmigrant religious worker. Site visits are also frequently conducted at places of employment for H-1B workers. With respect to family-sponsored cases, the FDNS may conduct home visits in adjustment of status filings where marriage fraud is suspected.

This can happen in several different ways. In the most common scenario, the married couple has already been questioned at their in-person interview before a USCIS officer. In such instance, the immigration officer is not convinced by the responses provided by the couple during the interview and believes the marriage to be fraudulent. In some cases where marriage fraud is suspected, the couple is separated and questioned separately regarding facts about their relationship. At the conclusion of the interview, the officer may call upon FDNS to conduct an unannounced site visit at the couple’s home to confirm whether the information provided at the interview is authentic.

Continue reading

by

Former President Donald J. Trump has launched his campaign for a second presidential term in 2024. His announcement creates important implications for immigration considering that he is likely to win the Republican nomination in the presidential race.

In this video attorney Jacob Sapochnick tells you all you need to know about his contentious new immigration plan, ahead of the election.

Overview

It is no secret that during his presidential term Donald Trump took a hardline stance on immigration which led to restrictive immigration policies that impacted thousands of immigrants and nonimmigrants worldwide.

As part of his presidential campaign, Trump recently unveiled his immigration proposals, including new measures that would create further challenges for immigrants to obtain visas to the United States. If he were to be re-elected to the office of the President, such measures would be concerning for people everywhere.

What are some of Trump’s immigration proposals if he were re-elected in 2025?

Among Donald Trump’s immigration proposals, he seeks to prioritize securing the U.S. border to prevent illegal immigration to the United States from Mexico, as well as passing a host of controversial policies limiting legal immigration.

Getting Tough on the U.S. Mexico Border

  • Trump proposes a naval blockade by the Coast Guard and U.S. Navy to stop drug smuggling boats in U.S.-Latin America waters.
  • Drug cartels would be designated as “unlawful enemy combatants,” which would allow U.S. military intervention in Mexico.
  • Completion of the Southern border wall which was part of his immigration agenda as President

Continue reading

by

 

Would you like to know how you can renew your U.S. visa in 2023? If so, then this video is right for you.

Overview

Your U.S. visa has expired and now it’s renewal time. In this video, attorney Jacob Sapochnick discusses the general process of applying to renew your U.S. visa in 2023 at a U.S. Consulate or Embassy overseas.

Please note that there are hundreds of different U.S. visa categories that have their own eligibility criteria and renewal requirements. The information provided here does not, and is not intended, to constitute legal advice. To obtain legal advice on your particular facts, case, or circumstances, please consult with a licensed immigration attorney.

For visa specific information and documentary requirements, applicants may contact their closest U.S. Embassy or Consulate.

Visa Renewal Steps

Here are the main steps that any applicant must take when renewing their visa at a U.S. Consulate or Embassy abroad.

Step One: Make sure that you qualify for your U.S. Visa Renewal

First and foremost, regardless of your visa type you must be prepared to provide documentary evidence to the Consular official to prove that you remain eligible for the renewal of your visa.

For example, if you are renewing a student visa you must provide your updated Form I-20 Certificate of Eligibility for Nonimmigrant Student Status to show that you remain eligible to study in the United States. If you are applying to renew your tourist visa, you must continue to demonstrate your eligibility such as proof of temporary stay, strong ties to your home country, proof of sufficient finances to cover your temporary stay, etc.

Continue reading

by

If you are planning to study in the United States, you should be aware of the increasingly high rate of denials among F-1 and M-1 student visa applicants. If you are interested in learning more about this important topic, please keep on watching.

Overview

According to a new report released by several research institutions, the denial rates for student visas have increased dramatically in recent years. In this video, we will discuss why this has been happening and what you need to know if you are planning to study in the United States.

The report includes a statistical analysis covering a 7-year period from 2015 to 2022, which demonstrates an annual increase in the rate of denials with the greatest impact affecting F-1 student visa applicants. The regions with the highest rates of denial are reportedly Africa, South Asia, the Middle East, and South America.

Africa bore the greatest share of denials, with a denial rate sitting at 54% in 2022. This figure is concerning because over half of all African student visas were denied, when compared to denial rates of just 36% for Asian students and 9% for European students. South America came in second place, with more than a 50% increase in F-1 visa denial rates when compared to a 10% denial rate in 2015 and 24% denial rate in 2022.

Continue reading

by

Have you ever wondered what you need to do if your passport containing a U.S. visa inside is lost or stolen? We’ve got you covered. In this video, attorney Jacob Sapochnick explains everything you need to know about this important topic.

Overview

So, you’ve successfully managed to pass your Consular interview, and now you’ve received your U.S. visa in your passport. Let’s imagine that you, like thousands before you, manage to lose your passport containing your U.S. visa inside, or have it stolen.

What should you do in this situation?

First and foremost, foreign nationals must remember that their passport and visa is an official travel document. You cannot enter the United States without having such documents in your possession to demonstrate your country of citizenship and legal status in the United States.

Before even falling into this predicament, foreign nationals should always make a copy of their passport biographic page, U.S. visa, and admission stamp or paper I-94 (if applicable) as soon as they have arrived in the United States.

Foreign nationals who have entered the United States temporarily on their valid visa, and later lose their passport, can remain in the U.S. for the duration of their authorized stay, as printed on their admission stamp or paper Form I-94, Arrival/Departure Record.

If you were issued a paper Form I-94 and it was lost or stolen, you must have it replaced immediately.

Continue reading