Articles Posted in Spousal visas

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the National Visa Center (NVC) immigrant visa backlog and current NVC processing times in the month of June. Stay tuned for updates on the Department of State’s plan to reopen Embassies and Consulates worldwide, and information on how Consular posts will be prioritizing visa issuance in the next few months for F-1 students, H-1B workers, H-4 spouses, and J-1 Workers.

Want to know more? Keep on watching for all the details.

Overview

The National Visa Center’s Backlog

As many of you know, last year the Department of State made the difficult decision to temporarily suspend routine visa services at U.S. Embassies and Consular posts worldwide to prevent the rapid spread of the Coronavirus. The suspension was necessary to adhere to local regulations such as the mandatory quarantines and social distancing required to contain the virus. Although Embassies and Consulates are now following a phased resumption of visa services framework, limited resources and local country conditions in some regions have prevented Consular posts from providing routine visa services as before. Most Consular sections are not operating at normal capacity, and are prioritizing visa appointments for emergencies, mission critical visa services, and immediate relatives of U.S. Citizens including K fiancé(e)s.

On February 2, 2021, President Biden issued Executive Order, “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans,” which was designed to promote integration and inclusion for foreign born immigrants, including the dismantling of harmful anti-immigrant policies.

Despite the issuance of this Executive Order, Embassies and Consulates have not been able to return to normalcy and routine visa services have remained suspended. Consular officials are still refusing to issue visas for individuals that remain in the lower tier of immigrant visa prioritization, including family preference, employment preference, and diversity immigrant visa applicants. This has prompted hundreds of individuals to join numerous class action lawsuits to force the government to intervene.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick provides a breaking news update: the government has officially ended the public charge rule.

How did this happen? What does this mean for you?

Keep on watching to find out more.

Overview

On March 9, 2021 the government announced that effective immediately it would be rescinding the Trump administration’s public charge rule, which was first put in place by former President Donald Trump in 2019. That rule is no longer in effect due to the Biden administration’s decision to no longer oppose the rule.

The government revealed its decision by way of a final rule published in the Federal Register that removes the 2019 public charge regulations as of March 9, 2021.

The Department of Homeland Security will now return to its previous policy of following the 1999 Interim Field Guidance to determine whether a person would be likely to become a public charge on the U.S. government. As before, petitioners are still required to submit Form I-864 Affidavit of Support and demonstrate that they meet the income requirement to sponsor their relative in the United States.

For its part, the United States Citizenship and Immigration Services (USCIS) has also said that it has stopped the immediate enforcement of the rule as a result of the government’s actions.

What does this decision mean for you?

The decision to rescind the public charge rule means that the government is no longer applying the public charge rule to adjustment of status applicants, immigrant visa petitions at U.S. Embassies and Consulates abroad, and applications for extension or change of nonimmigrant status.

Accordingly, such applicants will no longer need to provide information, nor evidence relating to the public charge rule including Form I-944, Declaration of Self Sufficiency.

Additionally, the government will no longer consider a person a public charge who received any of the following benefits for more than 12 months in the aggregate within any 36-month period:

  • Supplemental Social Security Income (SSI)
  • Temporary Assistance to Needy Families (TANF)
  • Medicaid
  • Non-Emergency Medicaid
  • Supplemental Nutrition and Assistance Program (SNAP)
  • Section 8 Housing Choice Voucher Program
  • Section 8 Project-Based Rental Assistance and
  • Certain other forms of subsidized housing.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick provides a breaking news update: President Biden has issued an executive order immediately revoking Presidential Proclamation 10014 issued by the Trump administration.

What does this revocation mean for you and what will happen next?

Keep on watching to learn more.

Overview

We are very excited to report that President Biden has lifted the immigration visa ban known as Presidential Proclamation 10014, “Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak.”

Proclamation 10014, issued on April 23, 2020, immediately stopped the issuance of visas at U.S. Consulates and Embassies worldwide for the following individuals:

  • Spouses and children of green card holders (US citizens were not affected) applying at the consulate
  • Parents of US citizens applying at the consulate
  • Brothers and sisters of US citizens applying at the consulate
  • Sons and daughters (meaning over 21 years old) of US citizens applying at the consulate (children under 21 years old of US citizens were not affected)
  • Sons and daughters (meaning over 21 years old) of green card holders applying at the consulate
  • Diversity visa winners
  • EB1A extraordinary abilities and their family applying at the consulate
  • PERM EB3, PERM EB2, NIW employment based and their family applying at the consulate
  • EB4 religious workers immigrants applying at the consulate
  • H1B and H4 dependents applying at the consulate
  • L1 and L2 applying at the consulate
  • J1 applying at the consulate  

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick answers a hot topic that has been frequently asked by our followers: what are the top reasons for CR/IR-1 immigrant visa denials and what can you do about it.

Want to know more? Keep on watching for more information.

Overview

What is a CR-1/IR-1 visa?

A CR-1 or IR-1 visa is an immigrant visa for a spouse of a United States Citizen who is residing abroad. The term “CR” in CR-1 stands for “conditional resident” and is issued to foreign spouses who have been married for less than 2 years. By contrast the term “IR” in IR-1 stands for “immediate relative” and is issued to foreign spouses who have been married for more than 2 years. Those who receive a CR-1 visa will eventually receive a 2-year conditional green card after entering the United States, while those who receive an IR-1 visa will receive a 10-year green card (without condition).

The first step to apply for a CR-1/IR-1 visa is for the U.S. Citizen spouse to file a Petition for Alien Relative, Form I-130, with the U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign spouse. This petition initiates the immigration process to the United States. Once Form I-130 is approved by USCIS, the petition is transferred to the National Visa Center for pre-processing. At the National Visa Center stage, the applicant must complete the immigrant visa application and provide civil documentation. After sending all required documents to the National Visa Center, the NVC will forward the case to the U.S. Embassy near the foreign spouse and the applicant will wait to be scheduled for an Embassy interview. The Embassy interview is often a make it or break moment for couples who must prove that they have a “bona fide” marriage to be approved for their visa.

What are the top reasons for CR/IR-1 denials?

#1 Not meeting the income requirement for the affidavit of support

The number one reason for spousal visa denials is failing to meet the income requirement for the affidavit of support. As part of the spousal visa application process, the U.S. Citizen spouse must sign the I-864 Affidavit of Support, which is a legally enforceable contract between the U.S. Citizen and the government wherein the U.S. Citizen must sign under penalty of perjury that they have the adequate means to financial support the alien and the alien will not rely on the U.S. government for financial support.

What is the income requirement?

The minimum amount that the U.S. Citizen must make depends on his or her household size. In general, petitioners must make at least 125% of the federal poverty guidelines. However, exceptions exist for petitioners who are on active duty in the U.S. armed forces. Petitioners who do not satisfy the income requirement must apply with a joint sponsor, who must also sign a separate I-864 Affidavit of Support and provide evidence of financial ability. If the petitioner and joint sponsor do not qualify, the spousal visa application will be denied.

To prevent this situation from happening petitioners must make sure well in advance of filing the I-130 application, that they either meet the income requirement, or that they can obtain a joint sponsor who is willing and able to sign the affidavit of support and provide the necessary documentation.

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