Visa Lawyer Blog

Articles Posted in Immediate Relatives

by

man-4365597_1280

It’s a brand-new week full of important updates from the U.S. Citizenship and Immigration Services (USCIS). This time for employment authorization documents (EADs).

Recently, USCIS announced that certain applicants who have filed to renew their employment authorization cards (EADs) on Form I-765, Application for Employment Authorization, may qualify for an automatic extension of their expiring employment authorization and/or employment authorization documents (EADs) while their renewal applications are pending with USCIS.

Beginning October 27, 2023, those who are eligible will receive 180-day automatic extensions of their EADs, including those who have applied for or have received Temporary Protected Status (TPS) or asylum.

Previously, USCIS had passed a regulation that increased the automatic extension period for certain EAD applicants from 180 days to 540 days. This announcement will not impact EADs that were already issued for up to the 540-day period. Those extensions will remain in place. For such individuals, the increased automatic extension will end when they receive a final decision on their renewal application or when the “up to 540-day period” expires (counted from the expiration date of the employment authorization and/or their EAD), whichever comes earlier.

Continue reading

by

flag-1524452_1280

A new family reunification parole process has been launched, this time for qualifying nationals of Ecuador.

Who is eligible?

Nationals of Ecuador petitioned by family members who are U.S. citizens or lawful permanent residents and who have received approval on Form I-130, Petition for Alien Relative, to join their family in the United States may participate in this new parole process.

Parole will allow such nationals and their immediate family members to be admitted to the United States lawfully for a period of up to three years, while waiting to apply to become lawful permanent residents.

Qualifying beneficiaries must be outside the United States, must not have already received an immigrant visa, and meet all other requirements, such as screening, vetting, and medical requirements.

How does the family reunification process work?

The Family Reunification Parole process is initiated when the Department of State sends an invitation by mail or e-mail to the petitioning U.S. citizen or lawful permanent resident family member whose Form I-130 is already approved. The petitioner is the person who has filed the Form I-130 petition with USCIS on behalf of the foreign national.

Continue reading

by

international-2681369_1280

In this blog post, we share with you an important update from the U.S. Embassy in Israel.

If you have a pending nonimmigrant or immigrant visa application awaiting an interview at the U.S. Embassy in Jerusalem or U.S. Embassy Branch Office in Tel Aviv, you should be aware that visa services have been temporarily suspended at these missions due to the ongoing conflict in the region.

The U.S. Embassy in Israel will be focusing its resources to plan the evacuation and departure of U.S. Citizens from the region.

Starting October 13th, the government arranged charter flights to assist U.S. Citizens and their immediate family members to depart Israel.

U.S. citizens in need of assistance must complete the crisis intake form here.

Applying for a Nonimmigrant Visa at a Neighboring U.S. Consulate or Embassy

If you have an urgent need to travel to the United States and do not currently have a nonimmigrant visa, you may apply for your visa at another U.S. Embassy or Consulate other than Jerusalem or Tel Aviv.

You must contact the nonimmigrant visa unit at the neighboring Embassy or Consulate to determine whether they will accept your application as a third-country national.

The U.S. Consulates in Canada allow third-country nationals to apply for visas including Israelis. Alternatively, please check with the specific Consulate regarding their instructions for requesting expedited interview appointments for emergency travel. In most cases, once you have submitted your DS-160 online nonimmigrant visa application and paid the necessary visa fees on the U.S. Department of State Visa Appointment Services webpage, you may request an expedited appointment. More information about expedites can be found on the ‘Frequently Asked Questions’ portion of each country webpage by navigating to the bottom of the DOS Visa Appointment Service and selecting “Answers to Common Questions.”

Continue reading

by

autumn-20461_1280

In this blog post, we summarize the movement of the family-sponsored and employment-based preference categories of the October Visa Bulletin.

This information will be helpful to those applying for an immigrant visa at a U.S. Consulate overseas, and those applying for adjustment of status to permanent residence in the United States.

Overview

What is the Visa Bulletin?

The Department of State releases the visa bulletin on a monthly basis, which summarizes the availability of immigrant visa numbers for that particular month in the employment and family preference categories. The purpose of the visa bulletin is to inform immigrants who are subject to the numerical quota system of when they are eligible to apply for an immigrant visa or adjustment of status application. Applicants can determine their place in line by looking at the priority date on their underlying immigrant petition. Applicants with a priority date that is “current” on the Visa Bulletin can move forward with the immigration process, because that means a visa number is available to them.

What are the preference categories that are subject to the numerical limitations?

The Family Sponsored Preference Categories and their annual limits are as follows:

First: (F1) Unmarried Sons and Daughters of U.S. Citizens:  23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents:  114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

  1. (F2A) Spouses and Children of Permanent Residents:  77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
  2. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents:  23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of U.S. Citizens:  23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens:  65,000, plus any numbers not required by first three preferences.

Continue reading

by

cuba-1202434_1280

The U.S. Citizenship and Immigration Services (USCIS) recently announced the reopening of an international field office in Havana, Cuba.

The Havana office will assist with U.S. immigration benefits and services, including conducting interviews, processing cases for pending Cuban Family Reunification Parole (CFRP) requests, and Form I-730, Refugee/Asylee Relative Petitions, and other limited appointment-only services such as collecting biometrics for U visa applications.

Services at the Havana Field Office will be available by appointment only.  USCIS has updated the USCIS International Immigration Offices page with more information about services and appointments available at the Havana Field Office.

Secretary of Homeland Security Alejandro Mayorkas said that the decision to reopen the Havana Field Office was made to, “reduce unlawful entries, deny resources to ruthless smuggling organizations, and streamline access to lawful, safe, and orderly pathways for those seeking humanitarian relief.”

This move marks a restoration of American relations in Cuba. During the Trump administration, the Havana Field Office was closed, following the suspension of operations in 2017 after the U.S. Department of State ordered all non-essential personnel and families to depart Cuba.

On June 9, 2022, the Biden administration announced it would be resuming operations under the Cuban Family Reunification Parole (CFRP) program, to provide a safe, orderly pathway for certain Cuban beneficiaries of approved family-based immigrant petitions (Form I-130) to wait in the United States for their immigrant visas to become available.

Continue reading

by

hands-7107606_1280-1
We start the week with great news for Cuban and Haitian nationals.

On August 10, 2023, the Department of Homeland Security announced new publications in the Federal Register introducing changes to the Cuban and Haitian Family Reunification Parole processes.

The FRP program allows eligible Cuban and Haitian nationals to seek parole into the United States for the purpose of reuniting with their family members while they wait for their immigrant visas to become available to apply for adjustment of status to lawful permanent residence.

Continue reading

by

september-3614870_1280

In this blog post, we summarize the movement of the family-sponsored and employment-based preference categories of the September Visa Bulletin.

This information will be helpful to those applying for an immigrant visa at a U.S. Consulate overseas, and those applying for adjustment of status to permanent residence in the United States.

Overview

What is the Visa Bulletin?

The Department of State releases the visa bulletin on a monthly basis, which summarizes the availability of immigrant visa numbers for that particular month in the employment and family preference categories. The purpose of the visa bulletin is to inform immigrants who are subject to the numerical quota system of when they are eligible to apply for an immigrant visa or adjustment of status application. Applicants can determine their place in line by looking at the priority date on their underlying immigrant petition. Applicants with a priority date that is “current” on the Visa Bulletin can move forward with the immigration process, because that means a visa number is available to them.

What are the preference categories that are subject to the numerical limitations?

The Family Sponsored Preference Categories and their annual limits are as follows:

First: (F1) Unmarried Sons and Daughters of U.S. Citizens:  23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents:  114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

  1. (F2A) Spouses and Children of Permanent Residents:  77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
  2. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents:  23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of U.S. Citizens:  23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens:  65,000, plus any numbers not required by first three preferences.

The Employment-Based Preference Categories and their annual limits are as follows:

First:  Priority Workers:  28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second:  Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability:  28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third:  Skilled Workers, Professionals, and Other Workers:  28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “*Other Workers”.

Fourth:  Certain Special Immigrants:  7.1% of the worldwide level.

Fifth:  Employment Creation:  7.1% of the worldwide level, of which 32% are reserved as follows: 20% reserved for qualified immigrants who invest in a rural area; 10% reserved for qualified immigrants who invest in a high unemployment area; and 2% reserved for qualified immigrants who invest in infrastructure projects. The remaining 68% are unreserved and are allotted for all other qualified immigrants.

Continue reading

by

maddi-bazzocco-dMiA8hyMNaU-unsplash-scaled

We are happy to report that the August Visa Bulletin has been released!

As we do every month, we share what you can expect to see in the upcoming month’s visa bulletin for family-sponsored and employment-based preference categories to help you prepare for your immigrant visa filing at a U.S. Consulate overseas, or your green card filing for those residing in the United States.

Highlights of the August 2023 Visa Bulletin

Employment Based Categories

Final Action cutoff dates – Retrogressions in August:

  • EB-1 India will retrogress by more than 10 years to January 1, 2012, in August 2023. The State Department indicates that depending on usage in the category and on the FY 2024 annual numerical limit, it is likely that in October 2023 the cutoff date will return to at least February 1, 2022
  • 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.

Family-sponsored categories

Dates for Filing cutoff dates – Advancements in August:

  • F-1 Mexico will advance by 2 years and 3 months to April 1, 2005 from January 1, 2003
  • F2A will remain current for all categories
  • F2B Mexico will advance by 2 years and 4 months to August 1, 2004 from April 1, 2002

What is the Visa Bulletin?

The Department of State releases the visa bulletin on a monthly basis, which summarizes the availability of immigrant visa numbers for that particular month in the employment and family preference categories.

Adjustment of Status Filing Chart August 2023

The U.S. Citizenship and Immigration Services (USCIS) has published guidance indicating that USCIS will accept employment-based adjustment of status applications from foreign nationals with a priority date that is earlier than the Final Action Dates listed in the State Department’s August 2023 Visa Bulletin.

For family-sponsored filings, USCIS will accept adjustment of status applications from foreign nationals with a priority date that is earlier than the Dates for Filing listed in the State Department’s August 2023 Visa Bulletin.

You may also find the Adjustment of Status USCIS Filing Charts here:

August 2023 Visa Bulletin Dates for Filing Cutoff Dates

 Employment-Based Categories

FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

According to the Department of State’s August 2023 Visa Bulletin, the following Final Action cutoff dates will apply for employment-based categories, which will determine whether an adjustment of status application can be filed with USCIS in the month of August:

  • EB-1: China remains unchanged at February 1, 2022. India will retrogress by 10 years and 1 month, to January 1, 2012. All other countries will receive a final action cutoff date of August 1, 2023.
  • EB-2: India will remain at January 1, 2011. China will remain by 1 month to July 8, 2019. All other countries will advance by 6 weeks to April 1, 2022
  • EB-3 Professionals and Skilled Workers: India will remain at January 1, 2009. China will advance by 2 months to June 1, 2019. All other countries will retrogress by 1 year and 9 months to May 1, 2020.
  • EB-3 Other Workers: India will remain at January 1, 2009, China will remain at September 1, 2015. All other countries will remain at January 1, 2020.
  • EB-4: All countries will remain at September 1, 2018.
  • EB-5: For the EB-5 Unreserved categories (C5, T5, I5, and R5), India will remain at April 1, 2017, and China will remain at September 8, 2015. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure) will remain current.

Continue reading

by

boy-gb1e2285a2_1280

This past week, the U.S. Department of Homeland Security announced the implementation of a new Family Reunification Parole (FRP) program for foreign nationals of Colombia, El Salvador, Guatemala, and Honduras, that falls in line with previous governmental policies aimed at reducing unlawful migration.

The program will benefit nationals of such countries whose family members are U.S. citizens or lawful permanent residents and have received approval to join their family in the United States.

Nationals of these countries can be considered for parole on a case-by-case basis for a period of up to three years while they wait to apply to become a lawful permanent resident. This means that those who are eligible for parole will have the opportunity to lawfully reside inside of the United States while applying for lawful permanent residence for a period of up to three years.

The Secretary of the Department of Homeland Security Alejandro N. Mayorkas, said that “These new processes promote family unity and provide lawful pathways consistent with our laws and our values,” and will allow for the expansion of safe, orderly, and lawful pathways to reduce “dangerous, irregular migration to the United States.”

Continue reading

by

dialog-g80b74c29a_1280

In this blog post, we share recent guidance released by the U.S. Citizenship and Immigration Services (USCIS) for supporters and beneficiaries of Uniting for Ukraine and nationals of Cuba, Haiti, Nicaragua, and Venezuela, requesting humanitarian parole to the United States.

Individuals participating in these programs must have a supporter in the United States who agrees to provide financial support for the duration of their parole in the United States. The first step in the process is for the U.S.-based supporter to file a Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, with USCIS for each beneficiary they seek to support, including minor children. The U.S. government will then review the supporter information provided in the Form I-134A to ensure that they are able to financially support the beneficiaries they are agreeing to support.

USCIS has cautioned applicants that they have been receiving many duplicate filings of Form I-134A, as well as multiple inquiries submitted to the USCIS Contact Center regarding these filings.

To avoid any errors and ensure the proper submission of the form, USCIS has provided the following important tips.

Duplicate Filings of Form I-134A

Some potential supporters have been filing multiple Forms I-134A for the same beneficiary. These duplicate filings add to USCIS workload, which delays processing.

The agency encourages applicants to refrain from filing more than one Form I-134A for the same beneficiary because this could delay the processing of the application for the beneficiary you are agreeing to support.

Those who have not received a decision on a Form I-134A they have filed on behalf of a beneficiary, are advised to check their case status through their USCIS online account.

Continue reading