Articles Posted in IR5 visas

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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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President Trump will soon return to the White House, bringing with him many changes in the world of immigration.

In this video, attorney Jacob Sapochnick shares the ways in which the Trump administration will impact the processing at visas U.S. Consulates and Embassies worldwide, including immigrant and non-immigrant visas.

This video also covers the latest updates regarding the operational capacity of U.S. Consular posts and Embassies as of November 2024.

If you are currently waiting in line for a visa interview at a U.S. Consulate or Embassy abroad, you won’t want to miss this video.

Overview

President Trump will settle into the White House on January 20, 2024, bringing with him new appointments to cabinet level positions. His pick for Secretary of State is likely to be the Republican Marco Rubio, a known conservative who supports legal immigration and a crackdown on illegal immigration.

Nonimmigrant visa applicants may face new restrictions when applying at U.S. Consulates and Embassies. During the previous Trump administration, work visa applicants were under much heavier scrutiny than ever before. H-1B, O-1, L-1, and J visa applicants found it much more difficult to obtain approvals both at the USCIS and Consular level.

These challenges existed even for applicants seeking extensions of their work visa.

To avoid being subject to greater scrutiny, applicants should file their cases as soon as possible. If premium processing service is available for your petition, take advantage of it.

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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 December 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 December.

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 December 2024 Visa Bulletin

At a Glance 

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

Employment-Based Categories

  • The Final Action Date for India EB-2 will advance by two weeks to August 1, 2012
  • The Final Action Date for India EB-3 will advance by one week to November 8, 2012
  • All other employment-based Final Action Dates and Dates for Filing will remain the same in December as the previous month

Family-Sponsored Categories

  • All family-sponsored Final Action Dates and Dates for Filing will remain the same in December as the previous month

For more details, please see our analysis of the December 2024 Visa bulletin below.

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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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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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If you are currently going through the immigrant visa process and are waiting for your interview to be scheduled at a U.S. Consulate or Embassy overseas, then you won’t want to miss this important video. In this video attorney Jacob Sapochnick shares the latest updates regarding the operational capacity of U.S. Consular posts and Embassies worldwide as of June 2024.

Annual Numerical Limits – Visa Bulletin

Please note that certain categories of immigrants are subject to annual numerical limits which means that applicants must wait until an immigrant visa becomes available to them, before they can be scheduled for an immigrant visa interview at a Consulate overseas.

These include unmarried sons and daughters of U.S. Citizens, spouses and children of permanent residents, unmarried sons and daughters (21 years or older) of permanent residents, married sons and daughters of U.S. Citizens, and brothers and sisters of adult U.S. Citizens.

Additionally, all employment-based immigrant visa categories are subject to annual numerical limits.

If any of the above-mentioned categories apply to you, you must check the Visa Bulletin every month to determine whether your priority date is current according to your preference category and country of nationality. Only once your priority date is current on the final action date chart of the Visa Bulletin, can your case be scheduled for a visa interview.

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Did you know? The May 2024 Visa Bulletin was recently released by the Department of State. In this video, attorney Jacob Sapochnick talks about the exciting movement we are seeing in almost all the family-sponsored categories in the month of May, and what we can expect to see for the employment-based categories in the coming months.

Adjustment of Status Filing Chart May 2024

For the month of May 2024, the U.S. Citizenship and Immigration Services (USCIS) will continue to use the Dates for Filing Chart for all family-sponsored preference categories, and the Final Action Dates Chart for all employment-based preference categories, when applying for adjustment of status to permanent residence in the United States.

What Can We Expect to see in the Month of May?

Family-sponsored categories

FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES

The Final Action Dates Chart for the family-sponsored categories advanced for nearly all categories as follows:

  • F1 Mexico will advance by 5.5 months to October 15, 2001
  • F1 Philippines will remain the same at March 1, 2012
  • F1 All other countries will advance by 4.9 months to July 8, 2015
  • F2A Mexico will advance by 2.8 months to November 8, 2020
  • F2A Philippines will advance by 8.7 months to June 1, 2021
  • F2A All other countries will advance by 8.7 months to June 1, 2021
  • F2B Mexico will advance by 4.3 months to March 1, 2004
  • F2B Philippines will remain at October 22, 2011
  • F2B All other countries will advance by 4.3 months to April 1, 2016
  • F3 Mexico will advance by 10.4 months to July 22, 1999
  • F3 Philippines will advance by 1.8 months to August 1, 2002
  • F3 All other countries will advance by 3 months to January 1, 2010
  • F4 Worldwide and China will advance by 1.4 months to July 22, 2007
  • F4 India will advance by 1 month to January 15, 2006
  • F4 Mexico will advance by 3.3 months to January 22, 2001
  • F4 Philippines will advance by 2.8 months to September 8, 2003

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https://www.youtube.com/watch?v=yz6vWTjLjuQ

If you are going through the immigrant visa process and are waiting for your interview to be scheduled at a U.S. Consulate or Embassy overseas, then you won’t want to miss this important video. Attorney Jacob Sapochnick shares the latest updates regarding the operational capacity of U.S. Consular posts and Embassies worldwide as of March 2024.

Overview

As the spring and summer months are approaching, U.S. Embassies and Consulates worldwide are accelerating the processing of immigrant visas to reduce the visa backlogs.

As we have seen, the Department of State has advanced the Final Action Dates for most employment-based categories in the April Visa Bulletin. Additionally, significant advancements were also made in the March Visa Bulletin for the family-sponsored categories.

These advancements will keep the Department of State busy in the coming months, as more and more immigrant visa cases that are documentarily complete are scheduled for interviews at U.S. Embassies and Consulates worldwide for those with current priority dates.

As our readers will know, during the height of the Coronavirus outbreak, there was an enormous demand for visa interviews, but not enough interview slots for applicants to be scheduled. But now things are improving.

As a reminder, please remember to tune into our monthly videos where we analyze the Visa Bulletin, explaining the availability of visas for family-sponsored and employment-based preference categories, numerical limitations, and how to know when your priority date is current during any given month.

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In this video, attorney Jacob Sapochnick discusses the latest updates in the March 2024 Visa Bulletin including slight advancements in the employment based categories and major movement in the family-sponsored preference categories in the month of March. We also discuss our predictions on what to expect from the Visa Bulletin in the coming months.

If you would like to know more about this topic, we invite you to watch our video.

Adjustment of Status Filing Chart March 2024

For the month of March 2024, the U.S. Citizenship and Immigration Services (USCIS) will use the Dates for Filing chart for family-sponsored filings to determine eligibility for I-485 adjustment of status filings (green card filings inside the US).

For employment-based preference categories, USCIS will use the Final Action Dates chart to determine eligibility for I-485 adjustment of status filings (green card filings inside the US).

What Changes Can Be Seen Next Month?

Employment-based categories

Dates for Filing

  • The March Dates for Filing remain the same as February 2024, with the exception of the employment-based fourth preference category, EB-4 which will advance by 4 months to January 1, 2020.

Movement in the Final Action Dates

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