Articles Posted in IR5 visas

by

Want to know why the immigrant visa backlog is still a big issue in 2023? Then you won’t want to miss this blog post, where attorney Jacob Sapochnick tells you all you need to know about the visa backlogs.

Overview

So, you’ve filed your green card application and now your case is stuck in the backlogs. In this video we discuss what the green card backlog is and why it is still happening in 2023.

What is a green card backlog?

A green card backlog occurs when there have been significant delays in the processing and approval of applications for adjustment of status to permanent residency (also known as green card applications filed with USCIS) and/or immigrant visa applications awaiting interview scheduling at U.S. Consulates and Embassies abroad.

While the backlog has always existed to some extent, mandatory quarantines and social distancing protocols occurring during the Coronavirus pandemic worsened delays in green card processing. Additionally, the annual numerical limits for family-sponsored and employment-based preference categories limit the number of green cards that can be issued every year, therefore causing delays among millions of applicants who must wait for their “priority date” to become current on the Visa Bulletin, before becoming eligible to apply for their green card. For many of these categories, demand for visas far exceeds the number of available visas which causes a backlog of applicants waiting for their turn at the front of the line.

Furthermore, the Immigration and Nationality Act imposes a per-country limit on the number of green cards that can be issued by country of nationality. Therefore, applicants from countries that experience a high demand for visas such as India, China, Mexico, and the Philippines have much longer wait times when compared to other foreign nationals.

Continue reading

by

In this video, attorney Jacob Sapochnick provides a brand-new update regarding the current Immigrant Visa backlogs for those currently going through Consular processing (waiting for an interview at a U.S. Embassy or Consulate overseas), as well as those with cases at the National Visa Center.

What you need to know is that from the period of June to July 2023, there has been nearly no movement in the Immigrant Visa backlog. At the same time, there has been a decrease in the number of people who were actually scheduled for Immigrant Visa interviews at U.S. Consulates and Embassies overseas from June to July as indicated in the figures below.

Therefore, while the backlog remains the same, more and more people are being scheduled for visa interviews.

If you want to know what you can expect moving forward, please keep on watching.

Did you Know? Every month the Department of State’s National Visa Center (NVC) publishes an Immigrant Visa Backlog report, which provides data and statistics relating to the current status of worldwide visa operations, including the number of documentarily complete immigrant visa cases currently at the National Visa Center waiting for interviews, the number of cases that were scheduled for interviews at the end of each month, and the number of immigrant visa cases still waiting to be scheduled for a visa interview after interview appointment scheduling was completed at the end of each month

Overview

According to the National Visa Center’s Immigrant Visa Backlog Report for the month of July 2023, there has been a very modest increase in the immigrant visa (IV) backlog rising from 351,337 pending cases in June to 351,821 pending cases in July.

Continue reading

by

 

Want to know all about the August 2023 Visa Bulletin? Then you’ve come to the right place.

In this video, we share with you the latest movement in the family-sponsored and employment-based preference categories for the month of August.

There will be significant retrogression of the final action date in the EB-1 India preference category by 10 years and 1 month to January 1, 2012.

Additionally, a final action cutoff date for all countries in the EB-1 category, except China, will be imposed at August 1, 2023.

The EB-3 Professionals and Skilled Workers final action date will also retrogress by 1 year and 9 months to May 1, 2020, except for India which will remain at January 1, 2009, and China which will advance by 2 months to June 1, 2019.

In the family-sponsored categories, the dates for filing cutoff dates remain the same as the previous month, except F-1 Mexico which will advance by 2 years and 3 months to April 1, 2005, and F2B Mexico which will advance by 2 years and 4 months to August 1, 2004.

Here are some of the highlights of the August 2023 Visa Bulletin starting with the family-sponsored categories.

Employment-based categories Highlights

*Final Action cutoff dates – Retrogressions in August:

For employment-based preference categories, adjustment of status applicants must use the Final Action Dates chart in the Department of State Visa Bulletin for August 2023.

  • EB-1 India will retrogress by more than 10 years to January 1, 2012
  • EB-1 Worldwide, China:
    • The State Department has imposed a final action cutoff date for EB-1A Worldwide for all countries except China, at August 1, 2023.
    • The EB-1 China Final Action Date will remain at February 1, 2022.
  • EB-2 Worldwide, China:
    • EB-2 China will advance by one month, to July 8, 2019.
    • The Final Action Date for EB-2 India will remain at January 1, 2011.
    • The EB-2 Worldwide Final Action Date will advance by six weeks, to April 1, 2022, for all other countries.
  • EB-3:
    • The Final Action Date for EB-3 China Professional/Skilled Worker will advance by two months, to June 1, 2019.
    • EB-3 India Professional/Skilled Worker will remain at January 1, 2009.
    • For all other countries, the EB-3 Professional/Skilled Worker Final Action Date will retrogress by almost two years, to May 1, 2020.

Prediction: We predict that by October 2023 the EB-1 final action dates will advance significantly, depending on usage and on the FY 2024 annual numerical limit which will reset in October (the start of the fiscal year).

Continue reading

by

 

In this video, and just like every month we cover the movement in the family-sponsored and employment-based preference categories of the July 2023 Visa Bulletin.

We are seeing some big advancements in the family-sponsored categories next month, as well as some retrogressions in the final action dates for the employment based third preference category (EB-3) for all countries except China.

Before we jump into our analysis, let’s first go over some of the highlights of the July 2023 Visa Bulletin starting with the family-sponsored categories.

Family-sponsored categories Highlights

*Dates for Filing cutoff dates – Advancements in July:

  • F-1 Mexico will advance by 1 month
  • F-1 China, India, World will advance by 8 months
  • F2B Mexico will advance by 3 months
  • F3 China, India, World will advance by 3 weeks
  • F4 China and World will advance by 1 month
  • F4 Mexico will advance by 2 weeks

Final Action cutoff dates – Advancements in July:

  • F1 Mexico will advance by 3 weeks
  • F2B Mexico will advance by 2 months
  • F3 China, India, World will advance by 2 weeks
  • F3 Mexico will advance by 2.5 months
  • F4 China and World will advance by 2 weeks

Continue reading

by

Are you going through the immigrant visa process, waiting for your interview to be scheduled at a Consulate or Embassy overseas? Then this video is right for you. We will provide the latest updates including which Consular posts are open, their processing times, and which posts are experiencing long wait times as of June 2023.

Overview

Embassies and Consulates around the world are beginning to ramp up their processing of immigrant visas, with the hiring of additional personnel to reduce the visa backlogs.

During the Coronavirus pandemic, immigrant visa cases have been warehoused at the National Visa Center (NVC) while awaiting interview scheduling at U.S. Embassies and Consulates abroad. Due to the high demand for visa interviews, most Consular posts have not been able to accommodate the majority of applicants who are still waiting for their appointments to be scheduled.

Unfortunately, the National Visa Center (NVC) is not able to forward cases to Embassies and Consulates until they have received confirmation that the post has available interview slots.

This is the case even if your case is documentarily qualified and even if your priority date is current on the Visa Bulletin. Your case cannot be forwarded to the Embassy or Consulate until they have confirmed that an interview slot is available for you.

On the other hand, if your case has not been documentarily qualified (meaning all documentation has been received by the NVC), or your priority date is not current on the Visa Bulletin, then your case will not be scheduled for an immigrant visa interview.

Continue reading

by

In this video, attorney Jacob Sapochnick explains the process for a United States Citizen to petition his or her parents for a green card, through adjustment of status (for those lawfully residing in the U.S.) or Consular processing (for those residing overseas).

If you want to know more about the eligibility requirements to do so, and how long it is currently taking for USCIS to approve green card applications for parents, please keep on watching.

Overview

Every year, thousands of people apply for green cards in different categories. One of the most common filings are green cards for parents of U.S. Citizens.

First, let’s discuss the requirements to file your parent’s green card.

To file the green card petition for your parents, you must be a U.S. Citizen that is 21 years of age or older. As proof of your qualifying family relationship to your parent, you will be required to provide a photocopy of your birth certificate.

As the petitioner (the U.S. Citizen family member filing the green card application with USCIS), you will also be required to file what is known as the I-864 Affidavit of Support. Form I-864 is your contract with the U.S. government promising to provide adequate financial support for your parent until they become a U.S. Citizen. As part of this process, you must prove to the U.S. government that you meet 125% of the Federal Poverty Guidelines according to your household size by providing verification of employment, and income verification documents.

Finally, your parent must intend to reside in the United States upon approval and issuance of their green card.

Procedure to Apply for the Green Card

There are generally two ways to immigrate your parent to the United States depending on where they are living: (1) adjustment of status or (2) consular processing.

Continue reading