Articles Posted in I-130

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If you have a petition pending with the U.S. Citizenship and Immigration Services (USCIS), you may be wondering why the agency is taking so long to process immigration and naturalization applications.

In this video, attorney Jacob Sapochnick discusses the main factors contributing to slow processing times and highlights the anticipated rise in wait times in 2025.

Overview

Several key factors have contributed to the slow processing times at U.S. Citizenship and Immigration Services (USCIS) during the Trump administration.

Below are some of the most significant reasons, based on insider information shared by a former USCIS officer.

Reduction in Staff and Budgetary Constraints

Employee layoffs and budgetary constraints have led to understaffed USCIS offices, reducing the agency’s ability to process applications efficiently. Trump’s return to the White House has increased staffing reductions, making it difficult for the agency to balance its workload.

Sub-Optimal Staffing and Capacity

USCIS operates with insufficient personnel to handle rising application volumes, and many offices (such as those processing green card applications) face staffing shortages or lack adequate training, reducing overall processing efficiency.

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Are you applying for an immigrant visa and want to know when your priority date will become current? Then you won’t want to miss our analysis of the June 2025 Visa Bulletin.

In this video, attorney Jacob Sapochnick explains what you can expect to see in terms of the movement of the family-sponsored and employment-based visa categories in the month of June.

USCIS Adjustment of Status

For employment-based preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed it will continue to use the Final Action Dates chart to determine filing eligibility for adjustment of status to permanent residence in the month of June.

For family-sponsored preference categories, USCIS will also continue to use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of June.

Please click here for more information.

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Are you applying for an immigrant visa and want to know when your priority date will become current? Then you won’t want to miss our analysis of the May 2025 Visa Bulletin.

In this video, attorney Jacob Sapochnick explains what you can expect to see in terms of the movement of the family-sponsored and employment-based visa categories in the month of May.

USCIS Adjustment of Status

For employment-based preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed it will continue to use the Final Action Dates chart to determine filing eligibility for adjustment of status to permanent residence in the month of May.

For family-sponsored preference categories, USCIS will also continue to use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of May.

Please click here for more information.

Highlights of the May 2025 Visa Bulletin

At a Glance

What can we expect to see in the month of May?

Employment-Based Categories

Dates for Filing Advancements

  • No change

Final Action Advancements & Retrogressions

EB-3 Professionals and Skilled Workers

  • EB-3 India will advance by 2 weeks to April 15, 2013

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You have just learned that your work visa petition has been approved by the U.S. Citizenship and Immigration Services (USCIS). Now you are ready to attend your Consular visa interview bringing you one step closer to achieving your dream of working in the United States.

Unfortunately, receiving a USCIS approval notice does not guarantee the successful issuance of a visa by the U.S. Consulate. In fact, for some unlucky few that fail to pass their visa interview, the U.S. government can still revoke or cancel a petition that was previously approved by USCIS.

What can you do in this situation? Is this the end of the road? Learn everything you need to know about this important subject in this video.

Overview

Can the State Department revoke a work visa petition that was previously approved by USCIS?

Unfortunately, yes. After receiving an approval notice from USCIS, work visa applicants must still attend an in-person Consular interview to demonstrate their eligibility for the visa classification they are seeking. A Consular officer will question the applicant further to ensure they qualify for the visa and may request further evidence.

When a Consular visa interview goes south, not only can the visa application be denied, but the Consulate can also direct USCIS to revoke the underlying petition that was previously approved by the agency.

The petition revocation process begins when the State Department returns the application to USCIS along with the results of any investigation they have conducted.

Once USCIS has received the returned petition and the results of the investigation, they will issue a Notice of Intent to Revoke (NOIR) to the petitioner of the previously approved petition. The NOIR will include details about USCIS’ plans to revoke the underlying petition, as well as the discovery of new, derogatory information leading to the visa denial. A statement of facts underlying the revocation will be provided along with any evidence supporting the revocation.

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Are you applying for an immigrant visa and want to know when your priority date will become current? Then you won’t want to miss our analysis of the April 2025 Visa Bulletin.

In this video, attorney Jacob Sapochnick explains what you can expect to see in terms of the movement of the family-sponsored and employment-based visa categories in the month of April.

USCIS Adjustment of Status

For employment-based preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed it will continue to use the Final Action Dates chart to determine filing eligibility for adjustment of status to permanent residence in the month of April.

For family-sponsored preference categories, USCIS will also continue to use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of April.

Please click here for more information.

Highlights of the April 2025 Visa Bulletin

At a Glance

What can we expect to see in the month of April?

Employment-Based Categories

Dates for Filing Advancements

EB-2 Members of the Professions and Aliens of Exceptional Ability

  • EB-2 India will advance by 1 month to February 1, 2013
  • EB-2 China will advance by 1 month to November 1, 2020

EB-3 Other Workers

  • EB-3 Worldwide, Mexico, and the Philippines will advance by 1 month to June 22, 2021

Final Action Advancements & Retrogressions

EB-1 Aliens of extraordinary ability, Outstanding Professors and Researchers, and Certain Multinational Managers or Executives

  • EB-1 India will advance by 2 weeks to February 15, 2022

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Are you applying for permanent residency based on marriage to a U.S. Citizen or lawful permanent resident in 2025?

If so, you won’t want to miss this important video addressing the challenges that couples may soon be facing during their immigration process under the Trump administration.

To learn what you need to look out for and how to minimize difficulties in the process, please continue watching this video.

Overview

Trump’s return to the White House has changed the immigration landscape in several important ways that will impact the green card process for couples applying both inside the United States with the U.S. Citizenship and Immigration Services (USCIS), and those applying for spousal visas at U.S. Consulates and Embassies abroad.

In this video, we address these changes and how you can prepare for these challenges in the years ahead.

Reduction of Consular Staff Will Lead to More Immigrant Visa Appointment Backlogs in 2025

For those applying for spousal visas through Consular processing, one of the most impactful changes is a recent executive order signed by Trump directing the State Department to reduce visa staff and local employees at U.S. Embassies and Consulates overseas.

Along with these changes, the President has asked the State Department to revise or replace the Foreign Affairs Manual (FAM), and all handbooks, procedures, and guidance used by Consular officers when issuing U.S. visas. This means that visa applications may be scrutinized more heavily moving forward, and interpretations of the law may be viewed more narrowly.

In a practical sense, this reduction in Consular staff means that spouses will experience longer wait times to receive immigrant visa interview appointments, because posts around the world will have more limited resources to respond to the large caseloads.

Moving forward spouses should expect their cases to remain warehoused at the National Visa Center (NVC) for extended periods until an interview appointment becomes available.

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Are you applying for an immigrant visa and want to know when your priority date will become current? Then you won’t want to miss our analysis of the March 2025 Visa Bulletin.

In this video, attorney Jacob Sapochnick explains what you can expect to see in terms of the movement of the family-sponsored and employment-based visa categories in the month of March.

USCIS Adjustment of Status

For employment-based preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed it will continue to use the Final Action Dates chart to determine filing eligibility for adjustment of status to permanent residence in the month of March.

For family-sponsored preference categories, USCIS will also continue to use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of March.

Please click here for more information.

Highlights of the March 2025 Visa Bulletin

At a Glance

What can we expect to see in the month of March?

Employment-Based Categories

Dates for Filing

  • No change from previous month 

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After just two weeks in office, President Trump has overhauled the U.S. immigration system passing countless executive orders to begin his mass deportations and secure the southern border.

But how will his administration deal with legal immigration? In this video, we cover some of the changes that adjustment of status (green card) applicants can expect to see under the Trump administration in 2025, including upcoming case processing delays at the U.S. Citizenship and Immigration Services (USCIS), the end of green card interview waivers, the rise in Requests for Evidence (also known as RFEs), the public charge rule, and much more.

For more about how these changes can impact your case, please keep watching.

Overview

Green Card through Adjustment of Status

Applicants who are interested in applying for permanent residence while in the United States can do so through a process known as “adjustment of status.”

To qualify for adjustment of status, generally applicants must have entered the U.S. lawfully and be physically present in the United States.

Additionally, there must be an underlying immigrant petition filed by a qualifying family member (Form I-130) or by a U.S. employer (Form I-140). Certain employment-based applicants may self-petition without an employer, such as applicants seeking an EB-2 National Interest Waiver or EB-1A Aliens of Extraordinary Ability.

Examples of family members who can petition for immigrant aliens include spouses of U.S. Citizens, unmarried children under 21 years of age of a U.S. Citizen, or parents of U.S. Citizens.

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Are you applying for an immigrant visa and want to know when your priority date will become current? Then you won’t want to miss our analysis of the February 2025 Visa Bulletin.

In this video, attorney Jacob Sapochnick explains what you can expect to see in terms of the movement of the family-sponsored and employment-based visa categories in the month of February.

USCIS Adjustment of Status

For employment-based preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed it will use the Final Action Dates chart to determine filing eligibility for adjustment of status to permanent residence in the month of February.

For family-sponsored preference categories, USCIS will use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of February.

Please click here for more information.

Highlights of the February 2025 Visa Bulletin

At a Glance

What can we expect to see in the month of February?

Employment-Based Categories

Dates for Filing

  • No change from previous month 

Final Action Advancements

EB-2 Members of the Professions and Aliens of Exceptional Ability

  • EB-2 India will advance by two weeks to October 15, 2012

EB-3 Professionals and Skilled Workers

  • EB-3 India will advance by two weeks to December 15, 2012
  • EB-3 China will advance by one month to July 1, 2020

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Now that 2025 is in full swing, in this video, we will discuss our predictions for visa availability for employment-based and family-sponsored preference categories, based on historical patterns and statistical information from the past year.

If you are waiting for your priority date to become current on the Visa Bulletin and want to know when your immigrant visa might be issued, you won’t want to miss this video.

Overview

Each year, the availability of immigrant numbers for employment-based preference immigrants is calculated based on Section 201 of the Immigration and Nationality Act (INA).

For FY 2024, the annual numerical limit for family sponsored immigrant visas was 226,000. Of these visas, only about 170,000 visas were actually allocated and issued to family sponsored immigrants. Approximately 58,000 visas were left unused in fiscal year 2024 due to country specific backlogs and scheduling delays.

That leaves a substantial number of unused family visa numbers that can potentially be transferred to employment-based visas in fiscal year 2025.

It is important to note that for fiscal year 2024, the Department of State determined that the employment-based annual limit would be 160,791, due to unused family-sponsored visa numbers from fiscal year 2023 being added to the employment-based limit for fiscal year 2024.

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