Visa Lawyer Blog

Articles Posted in Green Card Interview

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In this blog post, we cover the release of the November Visa Bulletin 2022 and what you can expect for employment based and family preference categories during the upcoming month of November.

The Department of State releases the visa bulletin on a monthly basis, which summarizes the availability of immigrant visa numbers for that particular month. The “Final Action Dates” and “Dates for Filing Applications,” charts indicate when immigrant visa applicants should be notified to assemble and submit the required documentation to the National Visa Center.

Adjustment of Status Filing Chart November 2022

For Family-Sponsored Filings:

Pursuant to guidance released by USCIS, for all family-sponsored preference categories, applicants must use the  Dates for Filing chart in the Department of State Visa Bulletin for November 2022.

For Employment-Based Preference Filings:

All applicants, falling under employment-based preference categories, must use the Dates for Filing chart in the Department of State Visa Bulletin for November 2022.

November 2022 Visa Bulletin Dates for Filing Cutoff Dates

Employment-Based Categories

DATES FOR FILING FOR EMPLOYMENT-BASED PREFERENCE CASES

According to the Department of State’s November 2022 Visa Bulletin, the following Dates for Filing cutoff dates will apply for the issuance of an immigrant visa for employment-based categories:

  • EB-1: All countries, including India and China, will remain current.
  • EB-2: EB-2 China will remain at July 8, 2019 and EB-2 India at May 1, 2012. All other countries will remain current.
  • EB-3 Professionals and Skilled Workers: EB-3 India will remain at July 1, 2012, and EB-3 China will remain at July 15, 2018. All other countries will remain current.
  • EB–3 Other Workers: EB-3 China will remain at November 1, 2015, and EB-3 India will remain at July 1, 2012. A Date for Filing cut-off date of September 8, 2022, applies to all other countries.
  • EB-4: EB-4 El Salvador, Guatemala, and Honduras will remain at April 15, 2018, and EB-4 Mexico at October 15, 2020. All other countries remain current
  • EB-5: For the EB-5 Unreserved categories (C5, T5, I5, and R5), the Date for Filing for China will remain at January 1, 2016, India will have a Date for Filing cut-off imposed of December 8, 2019, and all other countries will remain current. For the EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure), the Date for Filing will remain current for all countries.

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Happy Columbus Day! We start the week with great news for green card applications.

The U.S. Citizenship and Immigration Services (USCIS) recently announced that it is extending a policy that previously waived the requirement for civil surgeons to sign the Form I-693, Report of Medical Examination and Vaccination Record, no more than 60 days before filing the green card application.

USCIS previously issued its waiver policy until September 30, 2022 but has decided to extend the waiver until March 31, 2023.

Why the extension?

Due to processing delays caused by the COVID-19 pandemic, USCIS has decided that extending this policy is necessary to provide relief to applicants for the delays and difficulties that it takes to complete the green card medical examination.

Moving forward, the waiver will apply to all Form I-693 medical examinations for green card applications that have not been adjudicated, regardless of when the application was submitted to USCIS or when a civil surgeon signed the Form I-693.

USCIS expects this extension to provide much needed relief to Afghan nationals evacuated under Operation Allies Welcome, who completed immigration medical examinations but could not apply for adjustment of status within 60 days of a civil surgeon signing their Form I-693.

For more information about this important update, please click here.

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We kick off the start of a brand-new week with some exciting news.

In this blog post, we would like to notify our readers that the Department of State will soon open the online green card lottery registration system for the Diversity Visa Lottery Program for fiscal year 2024 (DV-2024)

What you need to know

The State Department will be accepting online registrations for the Diversity Visa Lottery program for Fiscal Year (FY) 2024 beginning Wednesday, October 5, 2022, at 12 noon, Eastern Daylight Time (EDT) (GMT-4) with online registration closing on Tuesday, November 8, 2022, at 12:00 noon, Eastern Standard Time (EST) (GMT-5). 

It is completely free to submit an online registration.

Foreign nationals who want to have a chance of being selected must register for the lottery by Tuesday, November 8, 2022, at noon EST online.

Submission of more than one entry for a person will disqualify all entries for that person.

The Fiscal Year 2024 DV lottery program will have up to 55,000 green cards up for grabs that will be selected through a randomized computer-generated process. Winners for FY 2024 are expected to be announced starting May 6, 2023 through September 30, 2024 on the E-DV Website.

Why should I apply?

Foreign nationals selected in the FY 2024 lottery are eligible to file their green card applications starting October 2023.

Am I eligible to enter?

You are eligible to participate if you meet the following requirements.

Requirement #1: You must be a native of a country with historically low rates of immigration to the United States to enter

Click here for the complete list of countries eligible (p. 16 to 20).

If you are not a native of a country with historically low rates of immigration to the United States, there are two other ways you might be able to qualify.

  • Is your spouse a native of a country with historically low rates of immigration to the United States? If yes, you can claim your spouse’s country of birth – provided that you and your spouse are named on the selected entry, are found eligible and issued diversity visas, and enter the United States at the same time.
  • Are you a native of a country that does not have historically low rates of immigration to the United States, but in which neither of your parents was born or legally resident at the time of your birth? If yes, you may claim the country of birth of one of your parents if it is a country whose natives are eligible for the DV-2023 program.

Requirement #2: Each DV applicant must meet the education/work experience requirement of the DV program by having either:

  • at least a high school education or its equivalent, defined as successful completion of a 12-year course of formal elementary and secondary education;

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In this blog post, we cover the release of the October Visa Bulletin 2022 and what you can expect for employment based and family preference categories during the upcoming month of October.

The Department of State releases the visa bulletin on a monthly basis, which summarizes the availability of immigrant visa numbers for that particular month. The “Final Action Dates” and “Dates for Filing Applications,” charts indicate when immigrant visa applicants should be notified to assemble and submit the required documentation to the National Visa Center.

Adjustment of Status Filing Chart October 2022

For Family-Sponsored Filings:

Pursuant to guidance released by USCIS, for all family-sponsored preference categories, applicants must use the  Dates for Filing chart in the Department of State Visa Bulletin for October 2022.

For Employment-Based Preference Filings:

All applicants, falling under employment-based preference categories, must use the Dates for Filing chart in the Department of State Visa Bulletin for October 2022.

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We kick off the start of a brand-new week with very good news for Cuban nationals.

The U.S. Citizenship and Immigration Services (USCIS) recently announced that it will be resuming operations under the Cuban Family Reunification Parole program also known as CFRP starting with pending CFRP applications.

CFRP processing was suspended due to the significant decrease in U.S. government personnel at the U.S. Embassy Havana in 2017 and the closure of the USCIS field office in Havana in 2018.

What is the Cuban Family Reunification Parole?

Cuban Family Reunification Parole is a program that was created in 2007 to allow certain eligible U.S. citizens and lawful permanent residents (LPRs) to apply for parole for their family members in Cuba. If granted parole, family members can come to the United States without waiting for their immigrant visas to become available. Once in the United States, CFRP Program beneficiaries may apply for work authorization while they wait to apply for lawful permanent resident status.

Who is eligible?

You may be eligible to apply for parole for your relatives in Cuba under the CFRP program if:

  • You are either a U.S. citizen or LPR;
  • You have an approved Form I-130, Petition for Alien Relative, for a Cuban family member;
  • An immigrant visa is not yet available for your relative; and
  • You received an invitation from the Department of State’s National Visa Center (NVC) to participate in the CFRP Program. 

To be eligible, the principal beneficiary must:

  • Be a Cuban national living in Cuba; and
  • Have a petitioner who has been invited to participate in the CFRP Program.

You cannot apply for CFRP until you are invited to do so by the National Visa Center. Additionally, you cannot self-petition for the program.

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We close off the week with an immigration roundup summarizing recent news in the world of immigration.

In this week’s post, we have Diversity Visa Program updates. Yesterday, the Department of State provided guidance for Diversity Visa applicants selected for fiscal year 2023. Such applicants are advised to submit to the Kentucky Consular Center (KCC) the DS-260 immigrant visa application form for themselves and any accompanying family members.

After submission of the DS-260 immigrant visa application, the Kentucky Consular Center will review it for completeness, and place your application in a queue to be scheduled for an in-person visa interview, provided that your priority date is current on to the Visa Bulletin.

For now, this will be the procedure required of Diversity Visa selectees for fiscal year 2023.

The Kentucky Consular Center warns applicants not to submit any other required supporting documents, other than the completed DS-260 application. This is because, all supporting documentation for DV-2023 selectees will be collected and evaluated at the time of the applicant’s in-person visa interview at the embassy or consulate where the visa application has been made.

Selected candidates should carefully review the Department of State website for the necessary supporting documentation they must bring on the day of their scheduled interview to establish eligibility for an immigrant visa. Those who are unsure of the requirements, should consider working with an experienced attorney for assistance.

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In this blog post, we share with you new developments related to immigration law.

Uniting for Ukraine: USCIS Extends Completion of Medical Screening & Attestation Within 90 Days of Arrival to the United States 

Effective immediately, the United States Citizenship and Immigration Services (USCIS) has announced that it will extend the amount of time that beneficiaries paroled into the United States under the “Uniting for Ukraine” program must comply with the medical screening and attestation requirements for required vaccinations such as tuberculosis and COVID-19. Previously, parolees were required to complete the medical screening and attestation requirements within 14 days of their arrival to the United States.

Now, Uniting for Ukraine parolees will be given 90 days from the date of their arrival to the United States to fulfill the attestation requirement, which is one of the conditions of being granted parole. The attestation can be completed in the beneficiary’s USCIS online account. USCIS notes that beneficiaries are responsible for arranging to have their vaccinations and medical screening for tuberculosis, including an Interferon-Gamma Release Assay (IGRA) blood test.

Those who test positive for tuberculosis, may be subject to additional procedures such as undergoing additional screening (a chest radiograph, isolation, and treatment if applicable).

Beneficiaries will also be required to complete the tuberculosis screening attestation for their minor children within 90 days of arrival to the United States, even if the child is under the age of 2 years old and qualifies for an exception to the tuberculosis test screening.

For more information and resources, please visit the Centers for Disease Control and Prevention’s Uniting for Ukraine: Information for TB Programs page.

For more information about the Uniting for Ukraine program please click here.

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Welcome back to a brand-new week. We have some interesting news for employment-based adjustment of status applicants.

Today, Monday, June 27, 2022, the U.S. Citizenship and Immigration Services (USCIS) issued a public engagement notice recommending that members of the public submit their Form I-693 sealed medical examinations as soon as possible to ensure efficient processing of employment based green cards.

According to USCIS, the agency is ramping up its efforts to process as many employment-based immigrant visas as possible to avoid wasting visa numbers before the end of fiscal year 2022, which ends on September 30, 2022.

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In this blog post, we cover the release of the July Visa Bulletin 2022 and what you can expect for employment based and family preference categories during the upcoming month of July.

The Department of State releases the visa bulletin on a monthly basis, which summarizes the availability of immigrant visa numbers for that particular month. The “Final Action Dates” and “Dates for Filing Applications,” charts indicate when immigrant visa applicants should be notified to assemble and submit the required documentation to the National Visa Center.

Adjustment of Status Filing Chart July 2022

For Family-Sponsored Filings:

Pursuant to guidance released by USCIS, for all family-sponsored preference categories, applicants must use the  Dates for Filing chart in the Department of State Visa Bulletin for July 2022.

For Employment-Based Preference Filings:

All applicants, falling under employment-based preference categories, must use the Final Action Dates chart in the Department of State Visa Bulletin for July 2022. 

July 2022 Visa Bulletin Final Action Cutoff Dates

Employment-Based Categories

FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

According to the Department of State’s July 2022 Visa Bulletin, the following Final Action cutoff dates will apply for the issuance of an immigrant visa for employment-based categories:

  • EB-1: All countries, including India and China, will remain current.
  • EB-2: India will advance by 3 months, to December 1, 2014, and China will advance by 1 month to April 1, 2019. All other countries will remain current.
  • EB-3 Professionals and Skilled Workers: EB-3 India and EB-3 China will remain unchanged from the previous month, at January 15, 2012 and March 22, 2018, respectively. All other countries will remain current.
  • EB–3 Other Workers: For this category, the Department of State has established a worldwide cutoff date of May 8, 2019, to avoid exceeding the annual numerical limits. EB-3 India and China will remain unchanged at January 15, 2012 and June 1, 2012, respectively.
  • EB-5: The Department of State has taken corrective action by establishing a Final Action cutoff date of November 22, 2015, for the EB-5 China Unreserved Non-Regional Center (C5 and T5) categories. It will also apply to EB-5 Unreserved Regional Center (I5 and R5) case types. EB-5 Final Action dates will remain current for all countries and for all EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure).

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Are you a Cuban national with a pending immigrant visa application? If so, we have some great news for you.

The Department of State today announced that the U.S. Embassy in Havana, Cuba will now be responsible for scheduling all immediate relative immigrant visa appointments, including those of spouses and children under 21 of U.S. citizens (IR/CR-1 and IR/CR-2), with interviews beginning in July 2022.

Previously, the Department of State announced that Havana would be scheduling interviews for applicants in the IR-5 category (parent of a U.S. Citizen) that began their processing there in May 2022.  While the government is working to expand services to reduce the ongoing backlogs, the U.S. Embassy in Georgetown, Guyana will continue to remain the primary processing location for all other Cuban immigrant visa applicants (IR/CR-1, IR/CR-2 and IR-5).

Documentarily Qualified Notifications on or after June 8th – U.S. Embassy Havana

IR/CR-1 and IR/CR-2 applicants who were notified on or after June 8, 2022 that their case is ready to be processed will have their interview scheduled at the U.S. Embassy Havana, not the U.S. Embassy in Georgetown, beginning in July.

Documentarily Qualified Notifications before June 8th – U.S. Embassy Georgetown

IR/CR-1 and IR/CR-2 applicants who were notified prior to June 8, 2022 that their case was ready to be processed will be interviewed at the U.S. Embassy Georgetown, also beginning in July.

The Department of State has said that neither the U.S. Embassy in Havana nor the U.S. Embassy in Georgetown will be able to assist with requests to transfer cases due to resource constraints.

The government will continue to evaluate, further expansion of visa processing in Havana depending on resources and country conditions.

Additionally, the U.S. Embassy in Havana will continue to offer services for American Citizens and limited emergency nonimmigrant visa processing. For further information please review the embassy’s website for updates at https://cu.usembassy.gov/consular-services-available-at-u-s-embassy-havana/.

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