Articles Posted in Consular Processing

What’s happening with the status of green card processing with USCIS? In this video, attorney Jacob Sapochnick, discusses an exciting new update for green card applicants recently handed down by the Presidential Advisory Commission.

Want to know more? Just keep on watching.


Overview


Things are looking up in the world of immigration. We have recently learned that a U.S. Presidential Advisory Commission has voted to reduce the processing time of green card applications to a period of 6 months. The Advisory Commission has recommended these recommendations be enacted by President Biden, to provide relief to applicants waiting in the enormous backlogs to attain permanent resident status.


What is this all about?


The President’s Advisory Commission on Asian Americans, Native Hawaiians, and Pacific Islanders (PACAANHPI) has recommended that the U.S. Citizenship and Immigration Services (USCIS) establish a new internal cycle time goal by eliminating inefficiencies such as redundancies, facilitating automation of approvals, and improving internal systems. The Advisory Commission hopes that the new cycle time for processing forms will drastically reduce green card processing times to just 6 months for all forms related to all green card applications, family-based green card applications and DACA renewals. The Commission has also recommended for the National Visa Center (NVC) to hire additional officers to support additional capabilities to schedule immigrant visa (IV) interviews.

The objective is to increase processing capacity by 100% by August 2022 and reach 150% capacity by April of 2023.

Once the National Visa Center is able to catch up with pent up demand, U.S. Embassies and Consulates worldwide should also increase capacity by hiring more officers and become more efficient to meet the 6-month time cycle proposed by the Presidential Advisory Commission.

If this recommendation is adopted, it will speed up the processing of thousands of green card applications currently stuck in the backlogs and result in faster approvals.

The Advisory Commission reviewed I-485 green card applications pending in the United States and requested USCIS to try to process associated I-765 work permits and I-131 travel permits also within 90 days.

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Have you ever wondered whether you can obtain a green card once you have overstayed your visa? In this video, attorney Jacob Sapochnick, answers precisely this question, along with related topics that might interest you. For instance, what should a person do once they have overstayed? What are the options to cure an overstay to obtain lawful status in the United States?

To understand more about this complicated topic, please keep on watching.


Overview


In most cases, a foreign national will come to the United States lawfully, meaning that they arrived on a valid visa type such as a student, visitor, or work visa and were inspected and admitted to the United States. Unfortunately, in some situations individuals fall out of status and overstay their period of authorized stay. Whether it is because they lost their job, failed to attend school, or could not leave the United States in time before the expiration of their I-94 arrival/departure record, there are many situations that can cause an overstay to happen.

By contrast, some individuals enter the United States unlawfully, meaning that they entered the United States without being inspected and without a valid visa. The issue of whether the foreign national entered lawfully or unlawfully is crucial when it comes to the options that may be available once an overstay has occurred.


How do I know if I overstayed my U.S. visa?


First, let’s discuss the threshold question of how one can know whether they have overstayed their visa.

This may seem like a complicated question, but in fact is very easy to resolve. A person overstays their visa if they have remained in the United States past the authorized period of stay stamped in their passport. When a person is admitted to the United States, they receive a stamp issued by a Customs and Border Protection official which provides the exact date when the individual’s period of stay expires, and consequently when they must leave the United States.

In addition to the passport stamp, foreign nationals can retrieve their I-94 arrival/departure record on the Customs and Border Protection (CBP) website which includes their most recent date of entry, and the date their period of authorized stay expires. The date of expiration is the date at which the foreign national must depart the United States. Failure to depart by the date indicated means that the applicant has overstayed their period of authorized stay.

In some cases, the I-94 stamp, or I-94 record will include the notation “D/S” most commonly for individuals on student visas. This notation means that the applicant is expected to leave the United States, when their program of study has ended. The end date of the program of study can be found on the Form I-20 Certificate of Eligibility for Nonimmigrant Student Status. Students should contact their Designated School Official for this information.

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Welcome back to Immigration Lawyer Blog! In this video, attorney Jacob Sapochnick discusses what you can expect after filing Form I-130 Petition for Alien Relative, used by U.S. Citizens or Legal Permanent Residents (LPRs) to lawfully immigrate a qualifying relative to the United States, and how long it is taking for the U.S. Citizenship and Immigration Services (USCIS) to process these applications.

Want to know more? Just keep on watching.


Overview


The first step of the process to immigrate a foreign national involves the filing of Form I-130 Petition for Alien Relative. This application forms the basis of the foreign national’s eligibility to apply for a green card, based upon what is known as a qualifying family relationship. Not all family members may qualify.

If you are a U.S. citizen, you may file Form I-130 only for your eligible relatives. This includes your spouse, your children, your siblings, and your parents. If you are a permanent resident, you can petition for your spouse and any child under the age of 21.


What happens after filing Form I-130?


Once you have filed Form I-130 Petition for Alien Relative either by mail or online, you will receive a receipt notice in the mail known as Form I-797C Notice of Action. This notice will serve as proof that your application was received and properly filed with USCIS. The Notice will also include your Form I-130 receipt number where you can track the progress of your case online, and the date the case was received by USCIS also known as the priority date.

If you have filed Form I-130 by mail, you will receive the Notice of Action approximately 1-2 weeks after mailing the application. If you filed Form I-130 online, the Notice of Action will appear in your USCIS online account portal approximately 1 week after submission.

If you fail to include the correct filing fees with your application or your application is deficient in any other way, your case may be rejected and sent back to you. In such case, you would not receive a Notice of Action, and instead would receive a rejection notice along with your package being returned to you. Therefore, it is very important for applicants to review the Form I-130 instructions very carefully and provide all necessary fees and documentation with the filing. Failure to do so can result in the rejection of your case. If your case has been rejected, you are allowed to re-file your application with USCIS having corrected the mistake.

Thereafter, if any additional documentation is missing from your application, or if USCIS needs further information to process your Form I-130, they will issue a Request for Evidence (RFE) outlining the documentation and/or information they need from you to continue processing your case. Requests for Evidence (RFE) are sent by mail and include the deadline for responding to the Request for Evidence in the Notice. When an RFE is issued, the case is halted until you respond to the request. For this reason, it is important to respond in a timely manner and no later than the deadline indicated in the notice. Remember, the longer you delay in responding to an RFE, the more time it will take for your case to be adjudicated.

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Welcome back to Immigration Lawyer Blog! In this video, attorney Jacob Sapochnick provides new insight into the status of green card processing within the United States (adjustment of status) by the United States Citizenship and Immigration Services (USCIS). A new article published by the Pew Research Center takes note of positive changes that are developing, as the number of new green cards issued by USCIS bounces back to pre-pandemic levels.

Want to know more? Just keep on watching.


Overview


A new research study conducted by the Pew Research Center reveals that the issuance of new green cards for those adjusting their status to permanent residence within the United States (using Form I-485) has rebounded to pre-pandemic levels, signaling a return to normalcy at least at the USCIS level.

This signals improvement in the social climate, as well as productivity among USCIS to push cases through the pipeline.


What is this new study about?


The Pew Research Center’s report makes comparisons between green card issuance prior, during, and after the pandemic, with results that are extremely positive.

The Center highlights that during the period of July to September 2021, USCIS issued approximately 282,000 new green cards to those seeking adjustment of status within the United States. This figure has been the highest recorded, since the pre-pandemic period of April through June of 2017, and was slightly higher than the quarterly average dating back to October 2015 through March 2020.

In comparison, at the height of the pandemic in mid-2020, only 79,000 new green cards were issued, with the lowest recorded from April to June 2020 at 19,000 new green cards.

As you can see from the graph below, the issuance of green cards was at an all-time low during 2020, and gradually made a rebound each quarter eventually matching average figures at pre-pandemic levels.

This shift is extremely impressive considering that USCIS faced severe backlogs when its offices closed during the pandemic and interviews were not able to be conducted. Over the last year, however, USCIS has tackled the backlog by hiring additional personnel, distributing workloads, and leaning on discretionary policies such as waivers of in-person interviews to better manage caseloads.

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Welcome back to Immigration Lawyer Blog! In this video, attorney Jacob Sapochnick discusses the current status of the immigrant visa backlog at the National Visa Center and Department of State, as of April 2022. In this video you will learn more about what you can expect over the next few months if you have a pending immigrant visa case waiting to be scheduled for an interview at a Consulate overseas.

Want to know more? Just keep on watching.


Overview


Every month when the National Visa Center releases its Immigrant Visa Backlog report, we take notice and breakdown exactly what the backlog report means for immigrant visa applicants.

In its latest release for the month of April 2022, the National Visa Center has provided information that highlights the dramatic backlogs caused by the Coronavirus pandemic, causing delays in the processing of immigrant visa applications.

Since the emergence of the Coronavirus, U.S. Embassies and Consulates worldwide have struggled to accommodate the growing demand for visa interviews with a very limited number of personnel and resources. Posts have also faced severe limitations including the inability to process a large number of cases due to local country conditions and lockdowns. The reality is that things have not gotten back to normal in many countries, and unfortunately this is causing applicants more headaches.

In an effort to be as transparent as possible, the National Visa Center has provided the total number of immigrant visa applicants still waiting for interview appointments.

These numbers are extremely concerning. Of 453,797 immigrant visa cases that were documentarily complete and ready to be scheduled for interviews as of March 31st, only 32,439 were actually scheduled for interviews in the month of April, leaving a backlog of 421,358 immigrant visa applicants still waiting for an interview.


Number of IV applicants whose cases are documentarily complete at NVC and ready for interview as of March 31 453,797
Number of documentarily complete IV applicants scheduled for April 2022 interview appointments 32,439
Number of eligible IV applicants still pending the scheduling of an interview after April 2022 appointment scheduling was completed 421,358

Sadly, this means that the State Department has not increased the volume of monthly interviews that can be scheduled at posts overseas, leaving the issue of the immigrant visa backlog unresolved.

Unfortunately, the future ahead does not look very promising. When looking at the March and April backlog reports, we see that the immigrant visa backlog decreased by only 3.5%.

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Welcome back to Immigration Lawyer Blog! In this video, attorney Jacob Sapochnick discusses an important new update to the USCIS Policy Manual clarifying the circumstances under which a USCIS officer may waive the in-person interview requirement for family-based conditional permanent residents filing to remove their conditions on permanent residence on Form I-751 Removal of Conditions. Conditional permanent residents are those who have received a 2-year conditional green card from USCIS and are seeking to remove those conditions to obtain the 10-year permanent resident card.

Want to know more? Just keep on watching!


Overview


As you may be aware, foreign nationals who apply for a green card based on a marriage to a U.S. Citizen that was less than 2 years old at the time of approval, receive a conditional green card valid for a 2-year period. This is done as a fraud prevention mechanism to ensure that the foreign national married the U.S. Citizen for the right reasons, and not solely to obtain an immigrant benefit. Foreign nationals who receive a 2-year conditional green card must file Form I-751 to remove their conditions, within the 90-day window before their conditional green card expires.

To ensure that the foreign national has a bona fide marriage, USCIS requires the conditional green card holder to appear for an in-person interview so that the officer has the opportunity to evaluate whether the marriage was entered on a genuine basis, and not to circumvent U.S. immigration laws.

The policy manual now clarifies that USCIS officers have the discretionary power to waive the in-person interview requirement for I-751 Removal of Conditions applicants, under certain circumstances.

According to the new guidance, 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 the in-person interview to take place.

In practice this means that the conditional permanent resident must have provided sufficient documentary evidence to establish their eligibility for removal of conditions, including proof of cohabitation, joint ownership and responsibility for assets and liabilities such as joint federal income tax returns and joint checking and savings accounts, photographs of the couple throughout their relationship, children born to the marriage, and any other relevant documentation. The information stated on the I-751 Removal of Conditions application must also be free of any inconsistencies when compared to information provided in the applicant’s initial green card filing. For instance, inconsistencies in residential history or inconsistencies in facts stated can lead to an interview being required. Recent criminal offenses since the filing of the initial green card can also be a reason for an in-person interview to be required.

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Welcome back to Immigration Lawyer Blog! In this video, attorney Jacob Sapochnick goes over the upcoming April 2022 Visa Bulletin and what you can expect in terms of movement or retrogression in the employment based and family sponsored preference categories.

The visa bulletin is issued every month by the Department of State. It shows which green card applications can move forward, based on when the immigrant petition that starts the green card process was originally filed. The visa bulletin allows you to estimate how long it will take before you will be able to get your green card, based on how quickly the “line” is moving now. You can check the visa bulletin on a monthly basis to determine your place in line.

Want to know more? Keep on watching for all the details.


Overview


What’s happening in the employment-based categories?


FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE


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-4: All countries are current, except El Salvador, Guatemala, and Honduras at May 01, 2017, and Mexico at April 01, 2020.
  • 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.
Employment-
based
All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
EL SALVADOR
GUATEMALA
HONDURAS
INDIA MEXICO PHILIPPINES
1st C C C C C C
2nd C 01MAR19 C 08JUL13 C C
3rd C 22MAR18 C 15JAN12 C C
Other Workers C 01JUN12 C 15JAN12 C C
4th C C 01MAY17 C 01APR20 C
Certain Religious Workers U U U U U U
5th Non-Regional Center
(C5 and T5)
C C C C C C
5th Regional Center
(I5 and R5)
U U U U U U

DATES FOR FILING FOR EMPLOYMENT-BASED PREFERENCE CATEGORIES


Employment-
based
All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
EL SALVADOR
GUATEMALA
HONDURAS
INDIA MEXICO  PHILIPPINES 
1st C C C C C C
2nd C 01APR19 C 01SEP14 C C
3rd C 01APR18 C 22JAN12 C C
Other Workers C 01AUG15 C 22JAN12 C C
4th C C 15JUN17 C C C
Certain Religious Workers C C 15JUN17 C C C
5th Non-Regional Center
(C5 and T5)
C C C C C C
5th Regional Center
(I5 and R5)
C 15DEC15 C C C C

Which filing chart do I use if I want to apply for adjustment of status based on employment within the USA?


All employment-based preference categories, except EB-5 petitions based on the Regional Center Program, may apply for adjustment of status using the Dates for Filing Chart in the Department of State Visa Bulletin for April 2022.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick provides a brand-new update from the U.S. Department of State regarding the status of E-2 Treaty Investor Visa processing at Consulates and Embassies worldwide. Please note that this information is being provided as of March of 2022.

Want to know more? Keep on watching for all the details.


Overview


In the past few months, E-2 visa processing times have varied significantly due to the suspension of routine visa services at all U.S. Embassies and Consulates, a move that was announced by the Department of State in July of 2020. This suspension occurred in response to significant worldwide challenges posed by the Coronavirus pandemic. Since then, operational capacity has continued to be limited for non-immigrant visas at most U.S. Embassies and Consulates resulting in delays in providing visa interview appointments, including for E-2 visa investors. To make matters worse, the Department of State put the processing of non-immigrant visas on the back-burner, giving priority to immigrant visa petitions including family-based petitions and fiancé(e) visas. In this post, we provide you with the most up to date information regarding current processing times as of March 2022 for E-2 investors to receive an appointment at Consular posts abroad.

Not only has there been a sharp decline in E-2 visa processing at most Consulates and Embassies worldwide, but some posts have refused to accept E-2 visa applications altogether. Such Embassies that have refused to accept E-2 visa applications include U.S. Embassy Ankara, Turkey; U.S. Embassy Bogota, Colombia; and U.S. Embassy Bridgetown, Barbados.

The U.S. Embassy in Bogota, Colombia for instance has not adjudicated any E-2 visa applications for more than 1 year, according to recent information provided by the U.S. Department of State.

In a recent meeting between the American Immigration Lawyers Association (AILA) and the U.S. Department of State, the government provided more information regarding E-2 visa processing delays. Here is what they had to say.

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Welcome back to Immigration Lawyer Blog! In this video, attorney Jacob Sapochnick goes over the upcoming March 2022 Visa Bulletin and what you can expect in terms of movement or retrogression in the employment based and family sponsored preference categories.

The visa bulletin is issued every month by the Department of State. It shows which green card applications can move forward, based on when the immigrant petition that starts the green card process was originally filed. The visa bulletin allows you to estimate how long it will take before you will be able to get your green card, based on how quickly the “line” is moving now. You can check the visa bulletin on a monthly basis to determine your place in line.


Overview


What’s happening in the employment-based categories?


FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE

According to the Department of State’s March 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 4 months to May 1, 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 expired and is listed as unavailable in the March 2022 Visa Bulletin. If reauthorized, the Regional Center category will also be current for final action for all countries except China, which would be subject to a November 22, 2015 final action date.
Employment-
based
All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
EL SALVADOR
GUATEMALA
HONDURAS
INDIA MEXICO PHILIPPINES
1st C C C C C C
2nd C 01MAR19 C 01MAY13 C C
3rd C 22MAR18 C 15JAN12 C C
Other Workers C 01MAY12 C 15JAN12 C C
4th C C 01MAY17 C 01APR20 C
Certain Religious Workers U U U U U U
5th Non-Regional Center
(C5 and T5)
C C C C C C
5th Regional Center
(I5 and R5)
U U U U U U

Which filing chart do I use if I want to apply for adjustment of status based on employment within the USA?


All employment-based preference categories, except EB-5 petitions based on the Regional Center Program, may apply for adjustment of status using the Dates for Filing Chart in the Department of State Visa Bulletin for March 2022.


What can be expected moving forward from the employment-based categories?


In this month’s visa bulletin, the most important highlight is that EB-3 China Other Workers advanced by one-month to July 1, 2015, and EB-4 El Salvador, Guatemala, and Honduras retrogressed by almost 2 years.

Additionally, DOS estimates that it may soon be necessary to establish EB-5 Non-Regional Center Final Action and Dates for Filing cutoff dates for China. DOS predicts this may occur as early as April 2022, which would make the category no longer current for China-mainland born nationals.

DOS also predicts that EB-2 India might soon retrogress in the coming weeks.

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Welcome back to Immigration Lawyer Blog! In this video, attorney Jacob Sapochnick discusses a hot topic in the world of immigration, why is the National Visa Center taking such a long time to process cases? What are some predictions on the status of visa processing in the future? If you are interested in receiving more information about the National Visa Center, or if your case is stuck at the National Visa Center, this is the right video is for you.


Overview


In this video, we will discuss the National Visa Center February backlog report, which contains important statistics and data that has been provided by the Department of State to provide transparency to the public. The Coronavirus pandemic has caused an enormous backlog at Embassies worldwide, which are expected to continue for months to come. Please note that the National Visa Center backlog report changes on a regular basis, and often the information released can become easily outdated as the NVC works to move these cases through the pipeline.

In addition, this data is specific to cases that have been processed by National Visa Center and that have been determined to be “documentarily complete.”  It does not reflect Immigrant Visa cases that have already been transferred to an embassy or consulate for interview, cases that are still with USCIS for petition approval, or cases that are not considered documentarily complete.


First let’s discuss, what is the National Visa Center?


The National Visa Center (NVC) is a government agency that is responsible for the pre-processing of all immigrant visa petitions approved by the United States Citizenship and Immigration Services (USCIS) including family sponsored and employment-based immigrant petitions of foreign nationals residing overseas. The National Visa Center serves as an intermediary between USCIS, where the immigrant visa petition was first approved, and the U.S. Consulate, where the foreign national will eventually undergo their immigrant visa interview.

Once the immigrant visa petition has been approved by USCIS, the application is then forwarded to the National Visa Center located in Portsmouth, New Hampshire, where it will be pre-processed and retained until the immigrant visa application is ready to be adjudicated at the foreign national’s closest U.S. Consulate or Embassy. It takes approximately 30-60 days for an immigrant visa application to be transferred from USCIS to the National Visa Center. The National Visa Center recommends that an applicant wait at least 90 days from the date of the immigrant petition’s approval before calling to confirm the receipt of an application. Remember that an immigrant visa will not be scheduled for an interview, until the applicant’s priority date becomes current on the Visa Bulletin. Certain categories of immigrants are not subject to numerical limitations, while many others are.


How long will the NVC take to process my case?


After you have submitted all of your required documentation to the National Visa Center, paid the visa fees, and uploaded all of the necessary documents to your Consular Electronic Application Center (CEAC) portal, it can take anywhere from 3 to 6 months for the National Visa Center to review your documentation and determine that your case is “documentarily complete.”

If you have submitted all documentation as required by the National Visa Center, you will receive an email which states the following:

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