Articles Posted in State Department

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Are you applying for permanent residency based on marriage to a U.S. Citizen or lawful permanent resident in 2025?

If so, you won’t want to miss this important video addressing the challenges that couples may soon be facing during their immigration process under the Trump administration.

To learn what you need to look out for and how to minimize difficulties in the process, please continue watching this video.

Overview

Trump’s return to the White House has changed the immigration landscape in several important ways that will impact the green card process for couples applying both inside the United States with the U.S. Citizenship and Immigration Services (USCIS), and those applying for spousal visas at U.S. Consulates and Embassies abroad.

In this video, we address these changes and how you can prepare for these challenges in the years ahead.

Reduction of Consular Staff Will Lead to More Immigrant Visa Appointment Backlogs in 2025

For those applying for spousal visas through Consular processing, one of the most impactful changes is a recent executive order signed by Trump directing the State Department to reduce visa staff and local employees at U.S. Embassies and Consulates overseas.

Along with these changes, the President has asked the State Department to revise or replace the Foreign Affairs Manual (FAM), and all handbooks, procedures, and guidance used by Consular officers when issuing U.S. visas. This means that visa applications may be scrutinized more heavily moving forward, and interpretations of the law may be viewed more narrowly.

In a practical sense, this reduction in Consular staff means that spouses will experience longer wait times to receive immigrant visa interview appointments, because posts around the world will have more limited resources to respond to the large caseloads.

Moving forward spouses should expect their cases to remain warehoused at the National Visa Center (NVC) for extended periods until an interview appointment becomes available.

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In this video attorney Jacob Sapochnick discusses a new executive order signed by President Trump called “One Voice for America’s Foreign Relations,” instructing U.S. Consulates and Embassies worldwide to start laying off visa officers and local employees.

How will this impact those currently going through the non-immigrant or immigrant visa process?

What about employees inside and outside of the U.S. who need to visit a U.S. Consulate or Embassy for visa stamping?

Learn everything you need to know about this executive order in this video.

Overview

“One Voice for America’s Foreign Relations,” is a new executive order signed by the President that calls for major reforms of the Foreign Service, including U.S. Embassies and Consulates.

Specifically, the executive order calls for changes to recruiting, performance, evaluation, and retention standards, and the programs of the Foreign Service Institute, “to ensure a workforce that is committed to faithful implementation of the President’s foreign policy.”

In implementing the reforms, the order directs the Secretary of State to revise or replace the Foreign Affairs Manual (FAM) used by Consular officers when deciding whether to issue U.S. visas, and directs subordinate agencies to remove, amend, or replace any handbooks, procedures, or guidance used for issuing visas.

The impact of this executive order will be the reduction of visa staff and local employees working at U.S. Embassies and Consulates responsible for issuing visas.

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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 February 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 February.

USCIS Adjustment of Status

For employment-based preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed it will use the Final Action Dates chart to determine filing eligibility for adjustment of status to permanent residence in the month of February.

For family-sponsored preference categories, USCIS will use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of February.

Please click here for more information.

Highlights of the February 2025 Visa Bulletin

At a Glance

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

Employment-Based Categories

Dates for Filing

  • No change from previous month 

Final Action Advancements

EB-2 Members of the Professions and Aliens of Exceptional Ability

  • EB-2 India will advance by two weeks to October 15, 2012

EB-3 Professionals and Skilled Workers

  • EB-3 India will advance by two weeks to December 15, 2012
  • EB-3 China will advance by one month to July 1, 2020

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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 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.

Highlights of the October 2024 Visa Bulletin

At a Glance

Employment-Based Categories

  • 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.

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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 August 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 August.

USCIS Adjustment of Status

For employment-based preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed that in August it will continue to use the Final Action Dates chart to determine filing eligibility for adjustment of status to permanent residence.

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.

Highlights of the August 2024 Visa Bulletin

Employment-Based Categories

Final Action and Dates for Filing EB-2 and EB-3 India Advancement 

  • The Final Action date for EB-2 India will advance to July 15, 2012 and the Date for Filing to July 22, 2012
  • The Final Action date for EB-3 India will advance to October 22, 2012 and the Date for Filing to November 1, 2012

Other Categories

  • The Final Action dates and Dates for Filing for the remaining employment-based categories remain the same as the July Visa Bulletin

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In this video and blog post, we discuss a recent Supreme Court decision finding that U.S. Citizens do not have a fundamental right in having their noncitizen spouses admitted to the United States.

What is this ruling all about?

Department of State v. Muñoz

On June 21, 2024, the Supreme Court ruled in a 6-3 decision in Department of State v. Muñoz that U.S. citizens petitioning for their foreign spouses do not have a constitutional liberty interest in their spouses being admitted to the country.

What’s worse, the court upheld the doctrine of consular nonreviewability, which says that there can be no judicial review of a consular officer’s decision finding a visa applicant inadmissible, except in a very limited class of constitutional cases.

About the Case

The plaintiff in the case, Sandra Muñoz, married her husband, a Salvadoran citizen in 2010, and shared a U.S. Citizen child with him. Thereafter, her husband applied for an immigrant visa at the U.S. Consulate in El Salvador so that they could live together in the United States and sought a waiver of inadmissibility. He denied having any gang affiliations despite being heavily tattooed.

After undergoing several interviews, the consular officer denied his application, citing §1182(a)(3)(A)(ii), a provision that renders inadmissible a noncitizen whom the officer “knows, or has reasonable ground to believe, seeks to enter the United States to engage solely, principally, or incidentally in” certain specified offenses or “any other unlawful activity.”

The plaintiff’s husband assumed that he had been denied a visa based upon the erroneous finding that he was a member of the gang MS-13. He denied being a member and requested the Consulate to reconsider its findings.

After the consulate refused, they appealed to the Department of State, which ultimately agreed with the consulate’s determination.

The couple then sought Congressional intervention and sued the State Department, claiming that they violated the plaintiff’s constitutional liberty interest in her husband’s visa application by failing to give a sufficient reason why he was inadmissible under the “unlawful activity” bar.

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