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Articles Posted in Family Visas

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick answers your frequently asked questions relating to K-1 visas, the National Visa Center, and consular visa processing during the ongoing Coronavirus pandemic.

Want to know more? Keep on watching for more information.


Your Frequently Asked Questions


Q: How can I contact the National Visa Center?

A: Once your Form I-130 Petition for Alien Relative has been approved, your case will be transferred to the National Visa Center for further processing. Once pre-processing has been completed, your case will be forwarded to the U.S. Consulate or Embassy near you. At the NVC stage, you will be asked to provide additional supporting documentation including the affidavit of support, Form DS-260 Immigrant Visa Electronic Application, and other important documents.

To ensure all of your supporting documentation has been received it is very important to maintain contact with the National Visa Center.

You may contact the NVC by email at NVCinquiry@state.gov or by telephone at 603-334-0700.


Q: Will immigration consider my priority date or approval date for interview?

A: For family-sponsored immigrants, the priority date is the date that the Form I-130, Petition for Alien Relative, or in certain instances the Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, is properly filed with USCIS.

Depending on the type of relationship you have to the U.S. petitioner, you may need to reference your priority date to determine when an immigrant visa (or green card) will become available to you.

Immigrant visas for immediate relatives of U.S. citizens are unlimited, so they are always available. Immediate relatives include:

  • The spouses of U.S. citizens;
  • The children (unmarried and under 21 years of age) of U.S. citizens;
  • The parents of U.S. citizens at least 21 years old; and
  • Widows or widowers of U.S. citizens if the U.S. citizen filed a petition before they died, or if the widow(er) files a petition within two years of the citizen’s death.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the new November 2020 visa bulletin, including upcoming visa trends and predictions for family-sponsored and employment-based preference categories.

Want to know more? Keep on watching for more information


Overview

We are very excited about the new release of the November Visa Bulletin. Some exciting advancements have taken place for certain employment-based preference categories. However, visa issuance remains limited for most family-sponsored categories and at least some employment-based preference categories as discussed below.


Impact of April 22nd Presidential Proclamation

As a reminder to our readers, most family-sponsored and some employment-based preference categories remain subject to President Trump’s April 22nd presidential proclamation. This proclamation temporarily suspends the entry and issuance of visas for the following types of immigrants through December 31, 2020.

  • Spouses and children of green card holders (US citizens are not affected) applying at the consulate
  • Parents of US citizens applying at the consulate
  • Brothers and sisters of US citizens applying at the consulate
  • Sons and daughters (over 21 years of age) of US citizens applying at the consulate (children under 21 years of age of US citizens are not affected)
  • Sons and daughters (over 21 years of age) of green card holders applying at the consulate
  • EB1A extraordinary abilities and their family applying at the consulate
  • PERM EB2 employment based (NIW is not affected) and their family applying at the consulate
  • PERM EB3 employment based and their family applying at the consulate
  • EB4 religious workers immigrants applying at the consulate

EB5 investors are not impacted by the April 22nd proclamation.

Certain applicants may still obtain immigrant visas despite enforcement of the presidential proclamation if their entry is in the national interest or if they have a legitimate emergency.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses a new and exciting court ruling decided this morning, November 2, 2020, that sets aside the public charge rule, known as the Inadmissibility on Public Charge rule effective immediately.

Want to know more? Keep on watching for more information

Overview

Today, November 2, 2020, federal judge Gary Feinerman of the United States District Court for the Northern District of Illinois, issued a ruling in the case, Cook County Illinois et al. v. Chad Wolf et al., immediately setting aside the public charge rule on a nationwide basis.

The plaintiffs in the lawsuit brought a motion to vacate the final rule arguing that the rule should be stricken because (1) it exceeds the government’s authority under the public charge provision of the INA (2) is not in accordance with the law (3) is arbitrary and capricious and (4) violates the equal protection clause of the fifth amendment.

The judge agreed with the plaintiffs based on a previous ruling issued by the Seventh Circuit court which found that the public charge rule was substantively and procedurally defective under the APA, and was likely to fail the arbitrary and capricious standard under the law based on the government’s failure to adequately consider the interests of state and local governments.

In support of his decision to set aside the public charge rule, Feinerman stated “the Seventh Circuit has held that continued operation of the Final Rule [the public charge rule] will inflict ongoing harms on Cook County and on immigrants, and this court has held that the same is true of ICIRR [the other named plaintiff].”

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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 regarding employment and family-based interview waivers during the Coronavirus pandemic. In addition, he discusses a recent trend being followed by the United States Citizenship and Immigration Services (USCIS).

Want to know more? Keep on watching for more information.

Overview

While no official policy or memorandum has been issued by USCIS regarding interview waivers, since at least May of this year, we have seen the agency use their broad discretionary power to waive the interview requirement for at least certain employment and family-based petitions, approving these cases without first scheduling an interview.

What does it mean for USCIS to “waive” the interview requirement?

In general, all adjustment of status applicants must attend an in-person interview at a USCIS field office where an immigration officer will verify whether the applicant understood the questions being asked on the green card application and evaluate whether the applicant qualifies for the immigration benefit requested. The interview is a good opportunity to correct any mistakes on the application form and resolve any issues in the underlying case.

In some instances, USCIS officers may “waive” this interview requirement if they find that it is unnecessary to interview the applicant. In situations where the officer “waives” the in-person interview, he or she relies only on the written evidence provided on the application to approve the applicant for U.S. residence (the green card).

Normally, USCIS uses its discretion to waive interviews for parents of U.S. citizens, unmarried children under 21 years of age of U.S. Citizens, unmarried children under 14 years of age of lawful permanent residents, asylees and refugees who were previously interviewed by a USCIS officer, and applicants who are clearly ineligible for the benefit they seek.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses a new proposed rule published in the federal register that will soon change the regulations governing Form I-864 Affidavit of Support.

Want to know more? Keep on watching for more information.


Overview

On October 2, 2020, the Department of Homeland Security published a new proposed rule in the federal register that seeks to (1) strictly enforce the obligations of sponsors of the affidavit of support (2) tighten the types of documentation required by sponsors to demonstrate sufficient income (3) modify regulations regarding when an applicant is required to submit an affidavit of support from a joint sponsor and (4) enhance interagency reporting and information sharing among various government agencies.


What is the Affidavit of Support?

The affidavit of support is required for most family-based immigrants and some employment-based intending immigrants to show that the foreign national has adequate means of financial support and is not likely to become a public charge while in the United States.

The affidavit of support is essentially a contract between a sponsor and the U.S. government in which a sponsor must demonstrate that he or she has enough income and/or assets to support the intending immigrant. In most circumstances, the sponsor’s income must be at least 125 percent of the Federal Poverty Guidelines according to the size of the household.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the newly released and much anticipated October 2020 visa bulletin. To hear about the availability of immigrant visa numbers for family based and employment-based preference categories for the month of October, keep on watching.


Overview

The release of the October 2020 visa bulletin has been much anticipated because the October visa bulletin kicks off the start of a brand-new fiscal year. The October visa bulletin is also important because it provides some insight into the availability of immigrant visa numbers, including visa numbers that have been unused as a result of the Coronavirus pandemic, the suspension of routine visa services at Embassies and Consulates worldwide, and the various presidential proclamations that have halted visa issuance for certain types of immigrants.

As some of you may have noticed, the October visa bulletin was released later than usual, most likely because the Department of State has been scrambling in light of Consular closures to review the data and provide accurate information regarding the number of visas available for each preference category.

Since the suspension of routine visa services at Consular posts worldwide, nearly 100,000 immigrant visa applicants have been unable to obtain their visas, creating a “rollover” of unused visa numbers for the benefit of employment-based preference categories.


Employment Based Categories – October 2020

In order to file for adjustment of status based on employment during the month of October (for applicants lawfully residing in the United States), employment-sponsored applicants must have a priority date that is earlier than the dated listed below for their preference category and country of nationality.

All applicants filing under employment-based preference categories must use the Dates for Filing chart in the Department of State Visa Bulletin for October 2020.

Since Presidential Proclamations 10014 and 10052 have suspended the issuance of immigrant visas for most family-sponsored preference categories, we are seeing a rapid movement in the dates of most employment-based preference categories, because “unused” visas for the family-sponsored categories have shifted or “rolled over” to the employment-based categories as a result of these Proclamations.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick updates you regarding the operational status of U.S. Embassies and Consulates worldwide. As our readers are aware on March 20, 2020, the Department of State announcement the suspension of routine visa services at all U.S. Embassies and Consular posts worldwide in order to deal with the challenges posed by the Coronavirus pandemic. While U.S. Embassies and Consular posts suspended routine visa services, posts continued to remain open to provide emergency and mission critical visa services. These included the processing of applications for “national interest” waivers.

Since then, U.S. Embassies and Consulates have begun a phased resumption of visa services as local country conditions and resources have allowed.

Want to know more? Stay tuned for more information about this important topic.


Overview

In this video, we discuss the status of immigrant visa processing at U.S. Embassies and Consular posts worldwide. The information provided is based on what our office is currently experiencing, official government sources, and information we have received from other attorneys and members of our private Facebook group.

We are now ending fiscal year 2020 and are approaching the start of a new fiscal year that begins on October 2020. The Department of State predicts an overflow of immigrant visas. More than 100,000 additional employment-based visas will become available in the new fiscal year, while nearly 300,000 additional family-based visas will become available in the new fiscal year.


What is responsible for this overflow in visas?

This overflow in visas is the result of a combination of various factors. Due to the Coronavirus pandemic, and the numerous Presidential Proclamations that followed, many immigrant visas were not allowed to be issued. This has left many visas up for grabs in the new fiscal year.


What has the Department of State said about resumption of visa services?

The Department of State previously announced that routine visa services at U.S. Embassies and Consular posts would resume after July 15th however things have not gone as planned. The majority of U.S. Embassies and Consular posts did not resume routine visa services to the public on or after this date.

As months passed, some U.S. Embassies and Consular posts reopened interview scheduling on a limited basis. These actions signal that there is some movement in the scheduling of visa interview appointments, however the situation remains fluid. At any time, even the U.S. Embassies and Consular posts that have reopened their calendars for interview scheduling, can cancel these scheduled interviews based on their continued observance of local health conditions.


Which U.S. Embassies and Consular posts have resumed immigrant visa interviews?

Based on what we are seeing, the following Embassies/Consular posts have resumed immigrant visa interviews:

DISCLAIMER: Please keep in mind the situation continues to remain fluid and Embassy/Consular posts may choose to cancel scheduled interviews at any time based on country conditions.

  • U.S. Embassy in Kenya – open for immigrant visa interviews as of September 2020
  • U.S. Consulate in Mumbai, India – open for biometrics, was open for immigrant visa interviews, but it appears the Consulate has stopped scheduling interviews until further notice. Please continue monitoring the calendar
  • U.S. Consulate Frankfurt, Germany – was open for immigrant visa interviews, but it appears the Consulate has stopped scheduling interviews until further notice. Please continue monitoring the calendar
  • U.S. Embassy Tokyo, Japan- open for immigrant visa interviews as of mid-August 2020
  • U.S. Embassy Seoul, Korea – open for immigrant visa interviews
  • U.S. Consulate Guangzhou, China – only post in China open for immigrant visa interviews
  • U.S. Consulate Ho Chi Minh, Vietnam – open for immigrant visa interviews
  • U.S. Embassy Pakistan – not open for immigrant visa interviews, but emergency interview requests are still being considered
  • U.S. Embassy Paris, France – open for immigrant visa interviews
  • U.S. Embassy Sofia, Bulgaria – open for immigrant visa interviews as of September
  • U.S. Embassy Brussels, Belgium – open for immigrant and non-immigrant visa interviews as of August

Emergency Appointments

Even if your Embassy or Consular post has not resumed routine visa services and interview scheduling, you may request an emergency expedited appointment if your U.S. Citizen spouse or relative is experiencing extreme hardships in your absence, or where there is a medical or other type of emergency. Applicants are encouraged to contact their local Consular post for instructions on how to apply for an emergency appointment.

Our office has been successful in obtaining emergency appointments based on extreme hardship as well as the “national interest” exception for those subject to a Presidential Proclamation. If you would like to know whether you qualify for an emergency appointment or national interest exception, please call us to schedule a consultation.


Questions? If you would like to schedule a consultation, please text or call 619-569-1768.


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Need more immigration updates? We have created a brand new facebook group to address the impact of the new executive order and other changing developments in immigration related to COVID-19. Follow us there.

For other COVID 19 related immigration updates please visit our Immigration and COVID-19 Resource Center here. 

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick updates you regarding a recent practice followed by the United States Citizenship and Immigration Services (USCIS) – the waiver of marriage based green card interviews during the Coronavirus pandemic. Additionally, our office has observed that the agency is processing certain types of applications much more quickly than others.

Want to know more? Stay tuned for more information about this important topic.


Overview


Green Card Interview Waivers for Employment Based Applicants

Beginning in April of this year, our office began to receive approval notices for employment-based adjustment of status applications, without the need for the applicant to attend the in-person face-to-face interview as is typically required by USCIS.

As you may recall on March 18th USCIS announced the suspension of in-person services at field offices nationwide, which meant the cancellation of face-to-face interviews. It was not until June 4th that USCIS announced that it would begin resumption of services at field offices nationwide.

Presumably to avoid a growing backlog of cases needing to be scheduled for an interview, USCIS began to grant employment-based green card petitions without requiring the applicant to attend the in-person interview due to the suspension of in-person services.

USCIS never officially announced a policy change allowing for these interview waivers, and instead these changes were occurring as a matter of practice based upon the agency’s discretion.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick provides new updates regarding previously planned furloughs by the United States Citizenship Immigration Services (USCIS) as well as the expansion of interview waiver eligibility for certain visa applications at United States Embassies and Consulates Worldwide.

For more information on these important topics please keep on watching.


Overview


USCIS Cancels Planned Furloughs

We have great news for our readers. Recently, USCIS announced that it will cancel the agency’s planned furlough of more than 13,000 employees, which was scheduled to take place on August 30, 2020, to help the agency meet its budget quotas and ensure operational capacity.

On August 25th USCIS made the announcement stating that as of now the agency is able to maintain its operations through the end of fiscal year 2020.

What does this mean for applicants?

While the cancellation of these planned furloughs is certainly good news for the American workforce, USCIS has made clear that delays will continue for the foreseeable future, including an increase in backlogs and wait times across the board. USCIS has specifically stated that there is no guarantee that the agency can avoid future furloughs. The only mechanism that will safeguard operations is additional funding from Congress to help the agency meet its operational costs through fiscal year 2021

According to USCIS, the agency has cut costs by reducing the need to work with outside contractors who have in the past assisted USCIS adjudicators to process and prepare case files, and provide support to the agency. Of course, without this additional assistance, delays will continue to be expected.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses an important announcement made by the United States Citizenship and Immigration Services (USCIS) on July 31, 2020 regarding new increases in immigration filing fees for certain applications and petitions.

Stay tuned for more information.


Overview


What is the new announcement about?

USCIS recently announced that the agency will be increasing filing fees for certain applications and petitions in order to meet its operational costs. As many of you are aware, USCIS has been facing a serious financial crisis as a result of the Coronavirus pandemic. The substantial loss of revenue the agency has experienced has forced the agency to resort to a hike in filing fees that will be enforced beginning October 2nd.

Shortly after its announcement regarding the fee increases, USCIS published a final rule in the Federal Register explaining that the price increases are “ intended to ensure that USCIS has the resources it needs to provide adequate service to applicants and petitioners.”

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