Articles Posted in I-485

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. We hope you spent a wonderful Thanksgiving holiday with your loved ones. We are grateful for all our viewers and the support you give us on this platform. We thank you for your trust and support.

In this video, attorney Jacob Sapochnick answers one of your frequently asked questions: I have a green card, why should I become a U.S. Citizen? In this blog post, you will find out what your rights are as a permanent resident versus a U.S. Citizen, and some of the key advantages you have as a U.S. Citizen.

Keep on watching to find out more.


Overview


What is the difference between having a green card and U.S. Citizenship?

First, let’s discuss the basics. When a person wants to immigrate to the United States permanently, the first step is to apply for a green card (also known as permanent residence). There are various different ways a person can qualify for a green card. The most common avenues to obtain a green card are family sponsorship through a qualifying relative (U.S. Citizen or LPR spouse, child, parent, or sibling) or employment-based sponsorship, where an individual will first obtain a work visa based on a job offer and then become eligible to apply for permanent residence through their employer. There are also other special categories of immigrants such as asylum seekers, Violence Against Women Act (VAWA) victims of domestic violence, diversity visa lottery winners, and many others who also qualify for a green card. There also green card avenues for individuals of exceptional ability (EB-1), those whose employment is in the national interest (EB-2), and EB-5 immigrant investors who invest at least half a million dollars in a new business enterprise or Regional Center project. While there are many ways to obtain a green card, the ultimate goal is to obtain permanent residency.

Once a person has obtained a green card, typically that person must wait a number of years before being eligible to apply for U.S. Citizenship. For instance, those who obtained their green card based on marriage to a U.S. Citizen and continue to remain married, must wait 3 years from the date they became a permanent residence to apply for citizenship. All others must wait 5 years from the date they became a permanent resident to become eligible to apply for U.S. Citizenship.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick answers one of your frequently asked questions: What happens to a family immigration petition if the petitioner (also known as the sponsor of the application) suddenly dies? Sadly, this situation comes up more often than we would like to admit. In this circumstance it is important to know what you can expect if the sponsor of your petition has died, and your options to legalize your status.

Keep on watching to find out more!


Overview


In the past, when a petitioner died while a petition remained pending, the petition could not be approved. Thankfully in 2009, Congress passed legislation known as the Family Sponsor Immigration Act to help applicants in this exact scenario creating a new statutory provision under the Immigration and Nationality Act known as 204(l). This provision in the law gives noncitizens the ability to seek an immigration benefit through a deceased qualifying relative under certain circumstances.

Specifically, the Family Sponsor Immigration Act, provides relief for spouses of U.S. citizens and permanent residents, unmarried sons and daughters of citizens, spouses and unmarried sons and daughter of green card holders, married sons and daughters of citizens, and brothers and sisters of citizens, in cases where the original petitioner has died. Such individuals may seek reinstatement of their immigrant petition based on humanitarian grounds if they meet the below mentioned conditions:

  • your Form I-130 has already been approved by USCIS
  • you were living in the United States at the time the petitioner died and continue to reside there on the date USCIS makes a decision on your application, and
  • you find someone eligible and willing to act as your financial sponsor in place of your original petitioner (a substitute sponsor, as described below).

What if I lived overseas when my petitioner died?

If you lived overseas when your petitioner died you will not be able to continue with your application, however you can apply for humanitarian reinstatement with USCIS. You must seek the guidance of an experienced attorney in this area of the law as these matters can become complicated quickly.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick tells you everything you need to know about the new Congressional reconciliation bill known as H.R. 5376 “the Build Back Better Act.” How might this piece of legislation impact you in your immigration journey? Want to know what you can expect in terms of potential upcoming changes in the law?

Keep on watching to find out more!


Overview


The Biden administration has released a new bill, the Build Back Better Act, that includes a new immigration framework that if passed would positively benefit employment-based green card applicants. The bill also sets aside $100 billion dollars for immigration purposes to reduce the immigrant visa backlogs and to recapture unused immigrant visas.


New Framework for Immigration Reform


Over the past few months, Congressional Democrats have been working on passing comprehensive immigration reform to modernize the current immigration system and open a pathway to citizenship for young undocumented immigrants known as “Dreamers,” and other groups of individuals including highly skilled immigrants. The Democrats have presented several immigration reform proposals to the Senate Parliamentarian to increase the chances of passing immigration reform without having to receive majority support from the Republican party. Passing reform through a reconciliation bill has been the most effective means of bringing about much needed changes because of opposition for reform in our current immigration climate.

The proposals in this new bill are interestingly much different from other proposals we have seen so far from Democrats. If passed, the bill would prioritize recapturing immigrant visas in family and employment-based categories for immigrant visa numbers that went unused between Fiscal year 1992 and fiscal year 2021. Such a provision would have the potential of adding more than 220,000 employment-based green cards to the current pool of immigrant visas currently available according to researchers. This would be a groundbreaking new policy because it would have the potential to drastically reduce the current visa backlogs, in both the family and employment-based categories. In some family-based categories, applicants must wait over 20 years for their priority date to become current and a visa to become available. Recapturing new visa numbers and putting them back into the system will be very advantageous for those waiting for a visa.

While the final outcome of this proposal is still uncertain, it is a good preview of what is to come and of its potential for approval in the House and the Senate.

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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 November Visa Bulletin and what you can expect in terms of movement or retrogression in the employment based and family sponsored preference categories.

Want to know more? Just keep on watching.


Overview


What’s happening in the family-sponsored categories?

Due to the ongoing pandemic and unprecedented backlogs at U.S. Embassies and Consulates worldwide, with the exception of the F2A category which remains current, there has been no movement in the worldwide family-sponsored preference categories. Charles Oppenheim, the Chief of the Immigrant Visa Control and Reporting Division of the U.S. Department of State, has said that he does not expect any movement whatsoever in the family sponsored worldwide dates before January and possibly even longer.

Consular posts and Embassies are doing their best to normalize operating capacity, however the majority of posts continue to work on a limited basis according to a four-tier prioritization schedule. Delays in visa processing continue to be expected for the foreseeable future based on the extraordinary demand for interview appointments and the lack of resources at Consular posts overseas to accommodate interviews for all applicants.

With respect to the F2A category, spouses and children of permanent residents lawfully residing in the United States can proceed with filing their adjustment of status applications with USCIS given that the F2A category remains current.

What’s happening in the employment-based categories?

According to the Department of State’s November 2021 Visa Bulletin, the following final cutoff dates will apply for the issuance of an immigrant visa for employment-based categories:

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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 long processing times to adjudicate applications and petitions filed with the United States Citizenship and Immigration Services (USCIS). The backlog of cases has been especially significant for certain types of applications and petitions where demand is greatest, such as I-539 applications to extend/change nonimmigrant status, I-360 petitions for Amerasians, Widow(er), or Special Immigrants, I-765 Applications for Employment Authorization, I-751 Removal of Conditions applications, and many others. According to previous data, in 2014 an average green card case took about 5 months to be processed by USCIS, while in 2020 it has taken over 10 months to process the same type of application.

The reason behind these high processing times leads back to the crippling effects caused by COVID-19. Since the outbreak of the Coronavirus pandemic, USCIS has been experiencing a financial crisis as more and more people have found it difficult to afford paying costly fees for their immigration processes. To make matters worse, USCIS has also been experiencing a shortage in personnel and resources, making it difficult for the agency to efficiently adjudicate immigration benefits.

Many of these limitations have been caused by conditions in various states around the country, as well as local government mandates. States with high rates of coronavirus for example have been especially hard hit, making it difficult for USCIS to continue to operate at previous levels. The Biden administration has taken steps to try to improve conditions and reduce the backlogs by reinstating deferential immigration policies mandating immigration officers to defer to prior approvals where immigration benefits involve the same parties and facts. The agency has also lengthened the status of removal of conditions applicants from 18 to 24 months while their applications remain pending with the USCIS and implemented flexibility policies to respond to requests for evidence. Despite these changes there is much more that needs to be done.

Want to know more about these important updates? Just keep on watching.


Overview


Massive Delays at USCIS Reach Crisis Levels

  • According to USCIS data, from fiscal year 2017 to fiscal year 2021, processing times for all I-539 applications to change or extend status rose from about 2.8 months in 2017 to 9.8 months in 2021 (an increase of more than 250%)
  • In the same period, processing times for family-based adjustment of status (I-485) applications rose from 7.9 months in fiscal year 2017 to 13.2 months in fiscal year 2021 (an increase of more than 67%)
  • Also during the same period, processing times for naturalization applications (N-400) increased from 7.9 months in 2017 to 11.6 months in fiscal year 2021 (an increase of nearly 47%)

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick provides an overview of the State Department’s September 2021 Q&A answer session with Charlie Oppenheim, Chief of the Immigrant Visa Control and Reporting Division of the U.S. Department of State. In this monthly YouTube broadcast, Mr. Charles Oppenheim answers many of the public’s questions regarding the upcoming Visa Bulletin and discusses what to expect in terms of the movement or retrogression of the family sponsored and employment-based preference categories in the coming months.

Want to know more about the highlights of the Q&A session? Just keep on watching!


Overview


In this blog post, we summarize some of the most interesting questions that were asked during this live Q&A session with Charlie Oppenheim, including frequently asked questions regarding unused employment-based visa numbers for fiscal year 2021 and the future of family-sponsored categories in the coming months.

Q: Are you concerned with the anticipated large amount of unused fiscal year 2021 employment-based numbers which you mentioned last month?

Charlie Oppenheim responded during the live session that the State Department is very concerned about the potential for unused employment-based numbers under the fiscal year 2021 annual limits. According to Oppenheim, this concern was one of the reasons he made the China and India employment first preference categories current back in April and engaged in very aggressive forward movement of the final action dates since that time to prevent the loss of visa numbers in the employment-based categories. Furthermore, Mr. Oppenheim pointed out that both the State and USCIS offices are doing everything in their power to maximize number use before the end of FY 2021 to avoid drastic losses.

Based on recent discussions with USCIS, Charlie Oppenheim said that the agency is on track to approve more adjustment of status applications than at any time since fiscal year 2005. He also reminded listeners to keep in mind that since March of 2020, both the State Department and USCIS offices, have been dealing with a variety of COVID-19 issues which have had a tremendous negative impact on operational status, staffing, and ability to process large amounts of immigrant visa cases. According to Mr. Oppenheim, overseas posts only began returning to some sense of normal processing in April of 2021.

Q: When I look at the chart listing the final action dates, how do I know if my case is eligible to be scheduled for an interview at the overseas post responsible for processing my case?

This is a very common question that our law office is frequently asked as well. Charlie Oppenheim pointed out that applicants must first ensure that they have submitted all the required civil documents to the National Visa Center to become “documentarily qualified,” meaning that all necessary documents and fees have been submitted to proceed with interview scheduling. Submission of all necessary documents would also need to be done in time for the case to be reported to the Visa Office as documentarily completed by the first of each month. In this case, if you are documentarily qualified and your priority date is earlier than the applicable final action date listed in the Visa Bulletin, then you would be eligible to be scheduled for an appointment for final action on your case. However, even while waiting in line to be scheduled for a visa interview after being “documentarily qualified,” applicants must still take into consideration overseas post processing capacity issues relating to the COVID-19 pandemic. The majority of posts overseas continue to have limited operational capacity; therefore, applicants should expect delays to be scheduled for a visa interview. Overseas posts must first notify the National Visa Center that they have an available slot for an interview before the National Visa Center can forward the case to the post overseas.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick shares his immigration tips for resolving issues with cases that are currently pending at Consular posts overseas, and shares what you can expect if your case is placed in administrative processing following your interview.

Want to know how you can contact your Consular post and what to say?

Keep on watching to find out more.


Overview


Do you have an immigration case that is stuck in the backlogs caused by COVID-19? In this video we share with you how you can contact your Consular post when you have a problem with your case, and what you should expect when you have been placed in administrative processing. We hope that these tips will help you gain more insight to help you understand what you can do during these difficult processing delays. If you would like further assistance with the processing of your case, or if you have any other immigration questions, do not hesitate to contact us to schedule a consultation by texting 619-483-4549 or calling 619-819-9204. We look forward to working with you. 


Contacting your Consular post 


If your case is sitting at a U.S. Embassy or Consular post overseas, or if is about to be shipped to a Consular post overseas by the National Visa Center (NVC), you should first contact your Consular post directly to confirm whether your case has been received and the status of appointment scheduling for your particular visa type. Most Consular posts have dedicated staff who are responsible for managing and answering inquiries made by e-mail. It is important to note however that response times vary widely due to the overwhelming number of inquiries that are being made by e-mail on a day-to-day basis. It is very important to have patience throughout this process and be proactive about your case.

You should only contact the Consular post directly if your case has been received by the post directly from the NVC or if it is in the process of being transferred. If your case is still at the NVC, the Consulate will not be able to help you.

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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 pilot program that will improve the accuracy and reporting of current USCIS processing times. As our readers will be aware, USCIS processing times have increased significantly during the past few years, especially for certain types of petitions, due to severe backlogs and personnel shortages caused by the COVID-19 pandemic.

Unfortunately, this has made it more and more difficult for applicants to ascertain exactly where they stand in the processing pipeline. To help resolve these issues, USCIS is testing new ways to better calculate processing times for immigration benefit requests with the unveiling of a new pilot program. This new system will help certain applicants determine whether their case is outside of the normal processing time, and when they can inquire about the status of their case. The pilot program will begin with posted processing times for Forms I-90, I-102, I-485, I-526, I-751, I-765, I-817, I-824, I-829, I-914, I-924, N-400, N-600 and N-600K.


Overview


Unfortunately, thousands of applicants have been negatively impacted by the lengthy processing times, currently affecting a broad range of applications and petitions filed at USCIS service centers nationwide. Many have been waiting months on end for interview scheduling, while others have yet to receive a Notice of Action, informing them that their case was properly filed and received by USCIS.

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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 breaking news update: the government has officially ended the public charge rule.

How did this happen? What does this mean for you?

Keep on watching to find out more.


Overview


On March 9, 2021 the government announced that effective immediately it would be rescinding the Trump administration’s public charge rule, which was first put in place by former President Donald Trump in 2019. That rule is no longer in effect due to the Biden administration’s decision to no longer oppose the rule.

The government revealed its decision by way of a final rule published in the Federal Register that removes the 2019 public charge regulations as of March 9, 2021.

The Department of Homeland Security will now return to its previous policy of following the 1999 Interim Field Guidance to determine whether a person would be likely to become a public charge on the U.S. government. As before, petitioners are still required to submit Form I-864 Affidavit of Support and demonstrate that they meet the income requirement to sponsor their relative in the United States.

For its part, the United States Citizenship and Immigration Services (USCIS) has also said that it has stopped the immediate enforcement of the rule as a result of the government’s actions.


What does this decision mean for you?


The decision to rescind the public charge rule means that the government is no longer applying the public charge rule to adjustment of status applicants, immigrant visa petitions at U.S. Embassies and Consulates abroad, and applications for extension or change of nonimmigrant status.

Accordingly, such applicants will no longer need to provide information, nor evidence relating to the public charge rule including Form I-944, Declaration of Self Sufficiency.

Additionally, the government will no longer consider a person a public charge who received any of the following benefits for more than 12 months in the aggregate within any 36-month period:

  • Supplemental Social Security Income (SSI)
  • Temporary Assistance to Needy Families (TANF)
  • Medicaid
  • Non-Emergency Medicaid
  • Supplemental Nutrition and Assistance Program (SNAP)
  • Section 8 Housing Choice Voucher Program
  • Section 8 Project-Based Rental Assistance and
  • Certain other forms of subsidized housing.

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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 few new immigration updates regarding flexibility for request for evidence responses, adjustment of status interview waivers, and biometrics appointment waivers.

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


Overview


Extended Flexibility for Responses to Request for Evidence

USCIS recently extended its flexibility policy for applicants who need more time to respond to a request for evidence, notice of intent to deny, and other such related notices.

Applicants who receive any of the below mentioned documents dated between March 1, 2020 and January 31, 2020 are given 60 additional days (after the response deadline indicated) 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 and Notices of Intent to Terminate regional investment centers;
  • Filing date requirements for Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA); or
  • Filing date requirements for Form I-290B, Notice of Appeal or Motion.

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