Visa Lawyer Blog

Articles Posted in IR-5

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Happy Veterans Day! On behalf of our law office, we would like to thank the servicemen and women who have dedicated their lives to protect our country. We are grateful to you for the sacrifices you have made and your service.

We close off the week with a recent update from the U.S. Department of State regarding immigrant visa processing in Havana, Cuba.

According to a new announcement made yesterday, the U.S. Embassy in Havana, Cuba, will fully resume immigrant visa processing beginning January 4, 2023.

This will include processing of immigrant petitions for immediate relatives, other family preference categories, diversity visas, and K fiancé(e) visas.

For its part, the U.S. Embassy in Georgetown, Guyana, will continue processing of Cuban immigrant visa applications for those individuals who were scheduled to attend in-person interviews there through the end of December of this year.

Immigrant visa applicants whose appointments were originally scheduled in Georgetown will complete case processing in Georgetown.

Sadly, case transfers from Georgetown to U.S. Embassy, Havana are not available for applicants who have already been scheduled to attend interviews in Georgetown.

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

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 September 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 September 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 September 2022.

September 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 September 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 remains unchanged at December 1, 2014, and China remains unchanged at 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 February 15, 2012 and April 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 February 15, 2012 and June 1, 2012, respectively.
  • EB-5: The Department of State has taken corrective action by establishing a Final Action cutoff date which has advanced by one month to December 22, 2015, for the EB-5 China Unreserved Non-Regional Center (C5, T5, I5, and R5) categories. 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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couple-g86465ecab_1920USCIS Updates Policy Guidance Highlighting Discretionary Power to Waive In-Person Interviews for I-751 Applicants

On April 7, 2022, the United States Citizenship, and Immigration Services (USCIS) updated its Policy Manual on the interview waiver criteria for family-based conditional permanent residents filing to remove the conditions on permanent residence on Form I-751 Removal of Conditions.

Under the law, those who attained their permanent resident status (green card) based on a marriage that was less than 2 years old at the time of approval, receive a conditional green card, also known as “conditional permanent residency.”

This conditional green card is issued for a 2-year period. Prior to the expiration of the 2-year green card, the applicant must file Form I-751 to remove their conditions on permanent residence within the 90-day window before it expires.

The Immigration and Nationality Act stipulates that a conditional permanent resident must appear for an in-person interview as part of the I-751 Removal of Conditions adjudication process, so that the immigration officer can verify the accuracy of the information included in the petition and determine whether the conditions on permanent residence should be removed.

The Act also carves out discretionary powers that allow USCIS officers to authorize waiver of the in-person interview.

The April 2022 updated Policy Guidance clarifies that USCIS officers may consider waiving an interview, if, generally, the applicant meets all eligibility requirements for removal of conditions, and the record contains sufficient evidence for approval, and there is no indication of fraud, misrepresentation, criminal bars, or such factors that would require an interview.

The Guidance also eliminates automatic referrals in cases where a conditional permanent resident obtained status by way of Consular processing.

The language of the pertinent section indicates the following:

Volume 6: Immigrants, Part I, Family-Based Conditional Permanent Residents, Chapter 3, Petition to Remove Conditions on Residence [6 USCIS-PM I.3]

CPRs who file a Form I-751 must appear for an interview at a USCIS field office, unless USCIS waives the interview requirement. USCIS officers may consider waiving the interview in cases where:

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