Visa Lawyer Blog

Articles Posted in Spousal Visa

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It is that time of the month again! In this blog post, we will cover the release of the April Visa Bulletin 2022 and what you can expect for employment based and family preference categories during the month of April 2022.

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 April 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 April 2022.

For Employment-Based Preference Filings:

All applicants, except EB-5 Regional Center, falling under employment-based preference categories, must use the Dates for Filing chart in the Department of State Visa Bulletin for April 2022.

April 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 April 2022 Visa Bulletin, the following final 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 more than 2 months to July 8, 2013, and China will remain at March 1, 2019. All other countries will remain current.
  • EB-3 Professionals and Skilled Workers: EB-3 India and China will remain unchanged from the previous month, at January 15, 2012, and March 22, 2018, respectively. All other countries will remain current.
  • EB-5: The Non-Regional Center program will be current for all countries, including China. The Regional Center program has been reauthorized by recent legislation but is still listed as Unavailable in the April Visa Bulletin Final Action Date chart, given that certain provisions of the reauthorizing legislation have not yet taken effect.

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We are happy to start this week with interesting new developments in the world of immigration law.

As some of our readers may be aware, all green card applicants filing Form I-485 Application to Register Permanent Residence or Adjust Status, are given the opportunity to file the Form I-765 Application for Employment Authorization, and Form I-131 Application for Travel Document, along with their green card application (or separately at a later time), in order to receive what has been commonly referred to as an employment authorization document (EAD) and advance parole (AP) “combo” card.

With this “combo” card, green card applicants have engaged in lawful employment inside of the United States, and cards with the notation ‘Serves as I-512 Advance Parole’ have been used to re-enter the U.S. after temporary foreign travel.

That is all about to change. USCIS has announced that in an effort to drastically reduce the processing times associated with EAD and AP documents, the agency will now be discontinuing its policy of issuing the “combo” card.

Going forward, U.S. Citizenship and Immigration Services will be separating the issuance of the employment authorization document (EAD card) and advance parole (AP) document. This means that green card applicants that file the Forms I-765 and I-131 together with their green card (or at a later time) can expect to receive two separate documents in the mail, instead of one single combo card.

EADs that do not have the notation ‘Serves as I-512 Advance Parole,’ can only be used for employment purposes. Green card applicants wishing to return to the U.S. after temporary foreign travel must have a valid Advance Parole document. Applicants should not engage in international travel without such document.

Substantial Backlogs

USCIS has made this change to help alleviate the substantial processing times of EAD and AP documents during the Coronavirus pandemic. Unfortunately, these delays have caused employment interruptions for thousands of applicants who have had to wait many months for these applications to be approved.

Presently, the Nebraska Service Center is currently reporting processing times of between 11.5 to 13.5 months for an EAD to be issued based on a pending adjustment of status application. While the California Service Center is currently reporting a wait period of between 20 months to 21.5 months.

This lengthy waiting period has prompted USCIS to take action to separate issuance of the EAD and AP, in what will hopefully result in faster processing times.

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Welcome back to Visalawyerblog! In this post, we share with you an exciting new update from the United States Citizenship and Immigration Services (USCIS) that will provide relief to those who have received a Request for Evidence, Notice of Intent to Deny (NOID), or such similar request.

USCIS RFE/NOID Flexibility Continued for Responses to Agency Requests

USCIS has announced that it will continue its flexibility policy giving applicants and petitioners more time to respond to Requests for Evidence during the COVID-19 pandemic and such related requests.

Today, Thursday December 30, 2021, USCIS made the announcement stating it will continue to give applicants who have received a request for evidence, notice of intent to deny, or such a related document, an additional 60 calendar days after the response deadline indicated on the notice or request, to submit a response to a request or notice, provided the request or notice was issued by USCIS between March 1, 2020 through March 26, 2022. 

This is great news because it will allow applicants and petitioners more time to gather documents that are hard to obtain during the COVID-10 pandemic.

What documents qualify for this flexibility in responding?

Applicants who receive any of the below mentioned documents dated between March 1, 2020 and March 26, 2022 can take advantage of the additional 60 calendar days to respond to the request or notice:

  • Requests for Evidence;
  • Continuations to Request Evidence (N-14);
  • Notices of Intent to Deny;
  • Notices of Intent to Revoke;
  • Notices of Intent to Rescind;
  • Notices of Intent to Terminate regional investment centers; and
  • Motions to Reopen an N-400 pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion or Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings, if:

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Welcome back to Visalawyerblog! In this blog post we share with you an overview of the State Department’s October 2021 Q&A answer session with Charlie Oppenheim, Chief of the Immigrant Visa Control and Reporting Division of the U.S. Department of State, also known as “Chats with Charlie,” broadcasted every month on the State Department’s YouTube channel.

This new series features a monthly Question-and-Answer session with Mr. Charles Oppenheim and a Consular officer, where they answer many of the public’s frequently asked questions and provide a monthly analysis of each month’s Visa Bulletin. This discussion will provide details regarding what to expect in terms of the movement or retrogression of both family and employment-based preference categories on each month’s Visa Bulletin.

Questions for Charlie can be emailed in advance to VisaBulletin@state.gov ahead of each monthly session with “Chat with Charlie Question” in the subject line.

Be sure to subscribe to the State Department’s YouTube Channel and turn on your notifications so you do not miss any of these important updates.

Below are the highlights of the visa projections for October 2021.

DOS Q&A Session with Charlie Oppenheim: October 2021 Visa Bulletin Projections & Beyond

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Welcome back to Visalawyerblog! The Department of State recently released the visa bulletin for July 2021 outlining the availability of immigrant visa numbers for the upcoming month.

Remember to stay on the lookout for the next “Chats with Charlie” on the DOS YouTube Channel, a monthly series recently launched with the State Department and Charlie Oppenheim to discuss Visa Bulletin projections.

NOTE: Adjustment of Status Filing Charts July 2021

For Family-Sponsored Filings:

Per USCIS, applicants falling within the F2A category, may use the Final Action Dates Chart in the Department of State Visa Bulletin for July 2021. While there is a cutoff date on the Dates for Filing chart, the category is “current” on the Final Action Dates chart, allowing F2A applicants to rely on it.

All other family-sponsored preference categories (other than F2A) must use the Dates for Filing chart in the Department of State Visa Bulletin for July 2021.

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 2021.

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Happy Monday! It is another exciting week filled with new immigration updates unfolding in our ever-changing immigration landscape. Our office is committed to bringing you the latest immigration news, and keeping you informed on the evolving status of immigration during the COVID-19 global health crisis.

As the rates of COVID-19 have continued to erupt in certain regions of the world, applicants residing overseas have been forced to adapt to their “new normal.”

At the height of the pandemic, Consular posts worldwide found themselves forced to limit operations due to safety concerns, lack of resources, country conditions, and mandatory quarantines.

Complicating matters further, the Trump administration began issuing regional travel bans suspending and restricting the entry into the United States, of immigrant and nonimmigrant travelers, who were physically present within the Schengen Area, Brazil, China, the United Kingdom, Ireland, South Africa, and Iran, during the 14-day period preceding their entry or attempted entry into the United States. Those who have been physically residing within these regions have been unable to enter the United States.

When President Biden assumed the Presidency, his administration continued to enforce these regional travel bans and began “rolling out” new regional travel bans suspending the entry of travelers from other regions with high rates of COVID-19.

India Joins Countries Now Subject to Regional Travel Ban 

India is now the latest country to be added to a growing list of countries subject to a Regional travel ban. On April 30, 2021, President Biden issued a new Presidential Proclamation temporarily restricting and suspending the entry of nonimmigrants from the Republic of India into the United States. Just as the previous proclamations, the India travel ban will impact any nonimmigrant who has been physically present within the Republic of India during the 14-day period preceding his or her entry or attempted entry into the United States.

Certain exemptions have been made for green card holders, spouses of U.S. Citizens or green card holders, parents of U.S. citizens or green card holders, and others.

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The Coronavirus pandemic has created new obstacles and challenges for immigrants applying for visas at U.S. Consulates and Embassies worldwide. Since the Department of State first announced the phased resumption of routine visa services on July 14, 2020, applicants were thrown into a state of chaos and confusion.

Global conditions have only moderately improved in some regions, while in others they have worsened. This has caused the majority of U.S. Embassies and Consulates to remain shuttered to the general public. As it stands, very few Consular posts and Embassies have resumed scheduling of visa interviews. In the vast majority of cases, posts are only scheduling interviews and issuing visas for those with emergencies and those who qualify for expedited visa issuance.

Unfortunately, there is no specific date for when each mission will resume routine visa services, nor when there will be a sense of normalcy in the operations of U.S. Consulates and Embassies.

Our office has determined that one of the few ways to break through this state of limbo is to submit an expedite request with the National Visa Center. However not everyone will qualify to submit an expedited visa request.

Why aren’t spousal visas cases moving forward?

In normal circumstances once the spouse of a U.S. Citizen is documentarily qualified by the National Visa Center, the file is forwarded to the U.S. Embassy or Consulate near the foreign spouse and prepared for interview scheduling. The NVC is an important agency because it acts as an intermediary to prepare a case for the eventual interview stage.

Since March of this year, files have not been able to move past the NVC stage and have remained with the agency in a sort of “limbo,” given that the majority of U.S. Consulates and Embassies are not opening visa interview slots for applicants until further notice.

As a result, NVC has accumulated a large number of spousal visa cases that are unable to proceed until more Consular posts begin to open their calendars.

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Welcome back to Visalawyerblog! In this blog post, we celebrate a client’s recent success story and share with you how our office was able to expedite our client’s immigrant visa (CR-1) to help him reunite with his U.S Citizen spouse in the United States.

We recognize that these are truly challenging times in the world of immigration and would like our readers to know that they are not alone. For many, there are alternatives and solutions that can be explored by our knowledgeable immigration attorneys to help them reunite with their family members. From our staff members to our attorneys, we are with you every step of the way on your immigration journey.

For a comprehensive consultation to discuss solutions to your immigration issues, you may contact us at 619-819-9204. 

Suspension of Routine Visa Services Continues at Most Consulates Worldwide

As our readers will know, the ongoing coronavirus pandemic has made it extremely difficult for immigrants residing abroad to secure appointments for visa interviews at U.S. Consular posts and Embassies worldwide.

While some Consulates and U.S. Embassies have resumed routine visa services, these are very few and far in between. At the moment, routine visa services are only available on a “post-by-post” basis as individual country conditions permit operations to return to normalcy. For the most part, Consulates and Embassies have not been able to provide specific dates regarding when each post will completely resume routine visa services. This has left many immigrants in a state of uncertainty during what is already a very difficult time in our history. Many family members remain apart for extended periods of time with no end in sight.

Despite these limitations however, Consulates and Embassies are continuing to accommodate emergency and expedite requests for applicants with urgent matters who need to travel immediately. Where an applicant has been documentarily qualified by the National Visa Center, a U.S. Citizen petitioner may submit a request with the NVC to expedite the consular interview based on extreme hardship to the U.S. Citizen. Extreme hardship to a U.S. Citizen spouse can be demonstrated in several ways including where the USC is suffering from a disability or severe medical and/or psychological condition.

Our Client’s Situation

Amid this backdrop, our client came to us in a state of desperation. Our client had petitioned to immigrate her husband to the United States under the CR-1 category. The good? Her husband was already documentarily qualified by the NVC. The problem? Unfortunately the U.S. Embassy in Islamabad, Pakistan refused to grant him an interview due to the general suspension of routine visa services.

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