Visa Lawyer Blog

Articles Posted in Family Visas

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We are pleased to report that today the U.S. Department of State’s Bureau of Consular Affairs published the December Visa Bulletin. Unfortunately, the December Visa Bulletin brings almost no movement.

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.

Employment-Based Categories

FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

According to the Department of State’s December 2024 Visa Bulletin, the following Final Action cutoff dates will apply for employment-based categories in the month of December.

  • No change from previous month, except for EB-2 India and EB-3 India

EB-1 Aliens of extraordinary ability, Outstanding Professors and Researchers, and Certain Multinational Managers or Executives

  • EB-1 India will remain at February 1, 2022
  • EB-1 China will remain at November 8, 2022
  • EB-1 All other countries will remain current

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

  • EB-2 India will advance by two weeks to August 1, 2012
  • EB-2 China will remain at March 22, 2020
  • EB-2 All other countries will remain at March 15, 2023

EB-3 Professionals and Skilled Workers

  • EB-3 India will advance by one week to November 8, 2012
  • EB-3 China will remain at April 1, 2020
  • EB-3 All other countries will remain at November 15, 2022

EB-3 Other Workers

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memorial-5228071_1280As we observe Veteran’s Day, we pause to honor and express our deep gratitude to all those who have served in our nation’s armed forces. Their courage, dedication, and sacrifices have shaped the freedoms we enjoy today.

At the Law Offices of Jacob Sapochnick, we recognize the importance of this day and extend our appreciation to all veterans and their families for their service.

Please be aware that our office is closed in observance of the Veteran’s Day holiday today Monday November 11th. We will be proud to serve you upon our return on Tuesday November 12th. Happy Veterans Day!

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boy-2027487_1280In the last few days, the immigration world has been reeling from the results of the Presidential election. People across the nation are preparing for an incoming Trump administration that promises to be extremely tough on immigration.

While the future of many hangs in the balance, the federal courts have started taking action to undo the immigration policies of the Biden administration.

Just two days after Americans cast their ballots and elected Donald Trump to become the next President of the United States, federal Judge J. Campbell Barker of the Eastern District Court of Texas issued a court order in the case Texas et. al. vs. DHS et. al., Case No. 6:24-cv-00306 (E.D. Tex.), ending President Biden’s Keeping Families Together parole program.

In a short one-page ruling, the judge declared that the Biden administration lacked the authority to grant parole in place to undocumented aliens, and therefore set aside and vacated Biden’s Keeping Families Together program.

In doing so, judge Barker delivered the first major blow to Biden’s immigration friendly policies. This decision stops the government from accepting applications for parole in place under the program, which would have allowed undocumented spouses and stepchildren of U.S. Citizens to remain together during the immigration process.

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couple-7445474_1280Recently, the Department of State released guidance to assist U.S. Citizens petitioning for family members in Lebanon.

Here are the highlights:

  • To facilitate family reunification, full immigrant visa processing has resumed for Lebanese family members of U.S. citizens, at the U.S. Embassy in Beirut.
  • Routine nonimmigrant visa processing is not yet available. Individuals may apply for a nonimmigrant visa at any U.S. embassy or consulate.

Immigrant Visa Information

The National Visa Center (NVC) will directly email petitioners, beneficiaries, and representatives of spouses, children under 21, and parents of U.S. citizens with approved I-130 petitions to provide an immigrant visa interview appointment date and instructions.  Applicants must check their email for updates.

Immigrant visa cases will continue to be processed according to the final action date published in the Visa Bulletin.  In November/December, the U.S. Embassy in Beirut will schedule visa interviews for currently eligible family preference immigrant visa cases and nonimmigrant Fiancé (K-1) visa cases.  

Case Transfers from Beirut to Other Embassies/Consulates

Individuals wishing to transfer their immigrant visa case from the U.S. Embassy in Beirut to another U.S. embassy or consulate may contact NVC via the Public Inquiry Form and in the “Enter Your Inquiry Below” box, include:

    • The U.S. embassy or consulate where they would like their case transferred; and
    • Likely dates of travel and preferred date for a new appointment.

Applicants must arrange their own travel to an alternate embassy or consulate for their visa appointment, including complying with any visa requirements for entering that country to attend their visa appointment.

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november-5650854_1280-1Today, the U.S. Department of State’s Bureau of Consular Affairs published the November Visa Bulletin.

In this blog post, we breakdown the movement of the employment-based and family-sponsored categories in the coming month.

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

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

Employment-Based Categories

  • All employment-based Final Action Dates and Dates for Filing will remain the same in November when compared to 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

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ai-generated-8489042_1280New details have emerged relating to a pending lawsuit before the U.S. District Court for the Eastern District of Texas known as  Texas et. al. vs. DHS et. al., Case No. 6:24-cv-00306 (E.D. Tex.), which is currently blocking the approval of applications filed under the Biden administration’s parole in place program.

Litigation Updates

On August 26th eleven individual intervening parties who stood to benefit from the parole in place program filed a motion to intervene in the Texas lawsuit.

Thereafter, on September 3rd the Texas district court judge denied the motion to intervene. As a result, the intervening parties filed an appeal before the U.S. Court of Appeals for the Fifth Circuit claiming the lower court’s denial of the motion to intervene was unjustified.

On September 11th  the Fifth Circuit Court ordered the lower court to freeze all proceedings until they have had the opportunity to hear the intervenors appeal.

A hearing date of October 10th has been set and the court has said that no further action can be taken in the lower court until that date.

The appellate court’s order states as follows, “Meaning no criticism of the district court’s recognition of the need for prompt resolution, this panel must have an opportunity to consider the merits briefs, scheduled to be received by September 16, and to hear argument on the appeal of the denial of intervention. Accordingly, we administratively STAY proceedings in the district court pending a decision on the merits or other order of this court. The stay issued by the district court will remain in effect pending further order of this court.”

What does this mean for parole in place applications?

In the meantime, USCIS can continue accepting and processing parole in place applications under the Keeping Families Together program, but it cannot approve cases until further notice.

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learn-6874566_1280Today the U.S. Department of State’s Bureau of Consular Affairs published the October Visa Bulletin. In this blog post, we breakdown the movement of the employment-based and family-sponsored categories in the coming month.

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

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

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.

Family-Sponsored Categories

Final Action

  • F1 Mexico will advance by 7.8 months to January 1, 2003
  • F2A Mexico will advance by 1.1 months to March 8, 2021
  • F2A All other countries will advance by 1 week to November 22, 2021
  • F2B Mexico will advance by 6 months to January 15, 2005
  • F3 Mexico will advance by 5.7 months to August 22, 2000
  • F4 Mexico will advance by 2 weeks to February 22, 2001
  • F4 India will advance by 1.2 months to March 1, 2006

Dates for Filing

  • F1 Mexico will advance by 6 months to October 1, 2005
  • F2B Mexico will advance by 3 months to August 1, 2005
  • F3 Philippines will advance by 6 months to May 8, 2004
  • F3 All other countries will advance by 5.9 months to July 1, 2011
  • F4 Philippines will advance by 4 months to August 1, 2006

Now let’s dive into our analysis of the October 2024 Visa bulletin. 

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judgment-8442199_1280We have new developments to report relating to pending litigation for parole in place applications in the case Texas et. al. vs. DHS et. al., Case No. 6:24-cv-00306 (E.D. Tex.).

Yesterday evening, federal Judge J. Campbell Barker of the Eastern District Court of Texas issued a court order extending his previous administrative stay on parole in place (PIP) approvals for an additional 14-day period expiring on September 23, 2024.

The judge’s initial stay (of August 26th), which was set to expire on September 9, 2024, will now continue through September 23rd.

What does this mean for parole in place applications?

While the administrative stay is in place, those eligible for parole in place under the Keeping Families Together program can continue to submit the online Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens with the U.S. Citizenship and Immigration Services (USCIS).

USCIS will also continue to issue biometrics appointment notices to capture applicant biometrics during the administrative stay.

However, USCIS is prohibited from approving applications received for as long as the administrative stay is in place (currently until September 23rd)

This is because the Texas lawsuit challenges the legality of the Keeping Families Together program and approvals must be paused while the parties in the case make their arguments before the court, and a final ruling is made.

What’s next in the Texas lawsuit?

The court has ordered an accelerated hearing where motions for preliminary and permanent relief will be heard on September 18th.  The accelerated proceedings in this case mean that the judge could make a decision on the merits of the case in the coming months. However, despite the outcome in this case appeals are likely to be filed in district court.

Can the judge extend the administrative stay past September 23rd?

Yes. The judge may decide to extend the administrative stay past September 23rd in the future if it finds that good cause exists to do so throughout the litigation process.

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https://www.visalawyerblog.com/files/2024/09/Screen-Shot-2024-09-01-at-8.30.21-PM.png
To all of our clients and readers of our blog, without you, we wouldn’t have (or love) our jobs! So we want to just say thanks on this Labor Day weekend and wish you a safe and healthy celebration!

In observance of the Labor Day holiday our offices will be closed Monday September 2nd. We will return to our normal business hours on Tuesday September 3rd. We look forward to serving you.

Contact Us. If you would like to schedule a consultation, please text 619-569-1768 or call 619-819-9204.
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Parole in Place – Keeping Families Together Updates

As previously reported, a federal judge in Texas has temporarily blocked the Biden administration from approving parole requests under the Keeping Families Together program.

What does this mean for parole in place applications?

Due to a 14-day administrative stay handed down by District Court Judge J. Campbell Barker on August 26, 2024, in the case, Texas v. Department of Homeland Security, the U.S. Citizenship and Immigration Services (USCIS) cannot approve parole in place applications filed under the Keeping Families Together program.

The order may be extended by the judge at the conclusion of the 14-day period.

USCIS has stated on its webpage that during the district court’s administrative stay, USCIS will:

USCIS also reminds the public that the administrative stay does not affect any parole in place applications that were approved before the court’s administrative stay order was issued at 6:46 p.m. Eastern Time on August. 26, 2024.

Those who are eligible must consult with an immigration attorney as soon as possible to determine whether to proceed with applying for parole in place while applications are still being accepted by USCIS.

For more information about this lawsuit, please click here.

EB-1 Visa Updates

Recently, the State Department confirmed that all numbers in the EB-1 preference category have been utilized for fiscal year 2024 and that no further EB-1 visas/green cards will be issued for the remainder of this fiscal year which ends on September 30, 2024.

It is also foreseeable that the EB-2 and EB-4 categories will become unavailable in the near future.

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