Articles Posted in K-1

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If you are going through the immigrant visa process and are waiting for your interview to be scheduled at a U.S. Consulate or Embassy overseas, then you won’t want to miss this important video. Attorney Jacob Sapochnick shares the latest updates regarding the operational capacity of U.S. Consular posts and Embassies worldwide as of March 2024.


Overview


As the spring and summer months are approaching, U.S. Embassies and Consulates worldwide are accelerating the processing of immigrant visas to reduce the visa backlogs.

As we have seen, the Department of State has advanced the Final Action Dates for most employment-based categories in the April Visa Bulletin. Additionally, significant advancements were also made in the March Visa Bulletin for the family-sponsored categories.

These advancements will keep the Department of State busy in the coming months, as more and more immigrant visa cases that are documentarily complete are scheduled for interviews at U.S. Embassies and Consulates worldwide for those with current priority dates.

As our readers will know, during the height of the Coronavirus outbreak, there was an enormous demand for visa interviews, but not enough interview slots for applicants to be scheduled. But now things are improving.

As a reminder, please remember to tune into our monthly videos where we analyze the Visa Bulletin, explaining the availability of visas for family-sponsored and employment-based preference categories, numerical limitations, and how to know when your priority date is current during any given month.

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Are you applying for an immigrant visa (green card) or fiancé(e) visa at a U.S. Embassy or Consulate abroad? Then you won’t want to miss the important tips we share in this video.

One of the most important pieces of evidence you will need to take to your visa interview is a police clearance certificate from your country of nationality to prove that you do not have a criminal record.

While the process of obtaining a police clearance certificate may seem simple enough, it is very important to know how to properly request one to avoid delays following your interview.

To know more about this topic, please keep on watching!


Overview


What is a Police Clearance Certificate?


A police clearance certificate is an official government document typically issued by a state police agency that documents any arrests for an individual, while that person was living in a particular area.

Those who are applying for an immigrant visa (green card) while living abroad, as well as K-1 fiancé(e) visa applicants, are required to submit a police certificate, issued by a police authority, from all countries where they have lived in the past, even if they have no criminal record in any of those countries.

Applicants with a criminal history must discuss their criminal record with an immigration attorney to determine if they are admissible to the United States.

Note: if you are applying for adjustment of status (green card) inside of the United States, you do not need to provide a police clearance certificate. Instead, you must provide any arrest records.

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Have you ever wondered what are the most common ways to get a green card to the United States? We’ve got you covered.

In this short video, attorney Jacob Sapochnick tells you the top sixteen ways you can get a green card to live and work in the United States.


The Top 16 Ways to get a Green Card with Jacob Sapochnick


Here are the top sixteen ways to get a green card

  1. Marriage to a United States Citizen is the one of the most common ways to obtain lawful permanent resident status. It is an option for those who have a bona fide marriage and entered the United States lawfully (unless they qualify for a special exemption in the law such as section 245i).
  • Adjustment of status is the process of applying for permanent residence while lawfully residing inside of the United States
  • Consular processing is the process of applying for an immigrant visa while residing outside of the United States

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In this video, attorney Jacob Sapochnick provides a brand-new update regarding the current Immigrant Visa backlogs for those currently going through Consular processing (waiting for an interview at a U.S. Embassy or Consulate overseas), as well as those with cases at the National Visa Center.

What you need to know is that from the period of June to July 2023, there has been nearly no movement in the Immigrant Visa backlog. At the same time, there has been a decrease in the number of people who were actually scheduled for Immigrant Visa interviews at U.S. Consulates and Embassies overseas from June to July as indicated in the figures below.

Therefore, while the backlog remains the same, more and more people are being scheduled for visa interviews.

If you want to know what you can expect moving forward, please keep on watching.

Did you Know? Every month the Department of State’s National Visa Center (NVC) publishes an Immigrant Visa Backlog report, which provides data and statistics relating to the current status of worldwide visa operations, including the number of documentarily complete immigrant visa cases currently at the National Visa Center waiting for interviews, the number of cases that were scheduled for interviews at the end of each month, and the number of immigrant visa cases still waiting to be scheduled for a visa interview after interview appointment scheduling was completed at the end of each month


Overview


According to the National Visa Center’s Immigrant Visa Backlog Report for the month of July 2023, there has been a very modest increase in the immigrant visa (IV) backlog rising from 351,337 pending cases in June to 351,821 pending cases in July.

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Are you going through the immigrant visa process, waiting for your interview to be scheduled at a Consulate or Embassy overseas? Then this video is right for you. We will provide the latest updates including which Consular posts are open, their processing times, and which posts are experiencing long wait times as of June 2023.


Overview


Embassies and Consulates around the world are beginning to ramp up their processing of immigrant visas, with the hiring of additional personnel to reduce the visa backlogs.

During the Coronavirus pandemic, immigrant visa cases have been warehoused at the National Visa Center (NVC) while awaiting interview scheduling at U.S. Embassies and Consulates abroad. Due to the high demand for visa interviews, most Consular posts have not been able to accommodate the majority of applicants who are still waiting for their appointments to be scheduled.

Unfortunately, the National Visa Center (NVC) is not able to forward cases to Embassies and Consulates until they have received confirmation that the post has available interview slots.

This is the case even if your case is documentarily qualified and even if your priority date is current on the Visa Bulletin. Your case cannot be forwarded to the Embassy or Consulate until they have confirmed that an interview slot is available for you.

On the other hand, if your case has not been documentarily qualified (meaning all documentation has been received by the NVC), or your priority date is not current on the Visa Bulletin, then your case will not be scheduled for an immigrant visa interview.

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Are you or a family member interested in applying for a B1/B2 Visitor Visa to the United States? Would you like to know some useful tips that may help you schedule your tourist or non-immigrant visa interview appointment faster in 2023?

If so, then this is the right video for you! Learn all about this important topic and how you can minimize visa interview wait times with our helpful tips.


Overview


The Department of State recently announced that they will be allowing B1/B2 visitor visa applicants and certain other types of nonimmigrants, the ability to schedule their visa interview appointments outside of their home country at some select American embassies as a third country national (TCN).

For example, if you are a foreign national of a country experiencing very high visa demand such as India, China, etc., you may be allowed to schedule your visa interview appointment in another country as a third country national (such as a neighboring country with shorter waiting periods).

This new announcement will be useful for applicants who have been waiting over a year to get a tourist visa interview appointment in their home countries.

U.S. Embassies in India are now encouraging certain applicants to apply for their tourist visas at Consular posts such as Bangkok, Thailand, which is among the U.S. missions where Indian nationals can get an appointment for B1/B2 tourist visas in 2023 outside of India.

As an example, the current wait time to get a B1/B2 tourist visa interview appointment at the U.S. Embassy in Bangkok, Thailand is about 30 to 35 days, compared to a wait time of over one year at most missions throughout India. This will benefit Indian nationals who are already residing in Bangkok, or who have the ability to travel there for their appointments.


Non-immigrant Visa Processing for Third Country Nationals


A third-country national (TCN) is a citizen of a “third” country that seeks to apply for a non-immigrant visa type in a country where they are not ordinary resident (and where they do not hold citizenship) with their third-country passport.

Certain U.S. Consular posts and Embassies accept and process non-immigrant visa applications from third-country nationals. For instance, non-immigrant visas for Ukrainian and Russian nationals may be processed and scheduled at the U.S. Embassy in Warsaw, Poland.

Likewise, Pakistani nationals who had their cases at the U.S. Embassy in Islamabad, have been able to transfer them to U.S. Consular posts in neighboring countries for interview scheduling.

While this practice has been occurring for at least the past year, previously it was not widely available for non-immigrant visa types, because U.S. Consular posts required applicants to maintain residency in the countries in which they applied.

Due to the growing non-immigrant visa backlogs caused by the pandemic, U.S. Embassies and Consulates have shown greater flexibility in allowing third country nationals to seek appointments outside of their home countries, despite not residing there. This is the case especially in countries with substantial visa delays like India, Pakistan, and the Philippines. Foreign nationals from these countries can apply for their B1/B2 tourist visas and non-immigrant visas in neighboring countries where interview wait times are much more reasonable.

As the summer approaches, applicants simply cannot afford to wait over a year for a visa interview appointment. Therefore, applying as a third country national outside your home country, can greatly improve your chances of receiving an interview appointment in much less time with fewer headaches.

If you found this information helpful, please share it with a friend or family member.


Contact us. For help applying for a non-immigrant visa as a third-country national, we invite you to schedule a consultation, please text 619-483-4549 or call 619-819-9204.


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In this video, attorney Jacob Sapochnick answers some of your burning questions including whether you can expedite your marriage or fiancé(e) visa case in 2023, how long the process is currently taking, and other related questions.

If you would like to know more about this topic, please keep on watching!


Overview


The Coronavirus pandemic has caused a number of obstacles for fiancé(e)’s and spouses of United States citizens residing overseas. As many of our readers know, at the height of the pandemic, the Department of State announced the suspension of all routine visa services including immigrant and nonimmigrant visa appointments worldwide. Since Embassies and Consulates were shuttered for a significant period of time, this created a backlog of cases piling up at the National Visa Center due to visa interviews not being scheduled during the suspension.

It was not until July 2020, that U.S. Embassies and Consulates began a phased resumption of routine visa services on a post-by-post basis. Despite this announcement, many Consular posts have continued to place restrictions on their operating capacity due to local country conditions, workforce limitations, and public safety protocols.

In the past year or so, the processing of marriage and fiancé(e) visas has been impacted by this slow return to a sense of normalcy. U.S. Consulates and Embassies in certain countries have eased pandemic restrictions and are working normally, while others have struggled to catch up with the rest of the world. As a result, visa interview appointments for spousal and fiancé(e) visas have been very limited.

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In this video, attorney Jacob Sapochnick answers one of your most frequently asked questions: how long is it currently taking for the U.S. Citizenship and Immigration Services (USCIS) to adjudicate marriage-based adjustment of status applications (green cards) in May of 2023?

If you would like to know the answer to this question, please keep on watching!

Did You Know? USCIS processing times vary depending on the workload of the Field Office and/or Service Center where the I-130/485 applications are being adjudicated. USCIS reports the processing times of each Field Office and Service Center directly on its website, including time estimates of how long it took the agency to process 80% of adjudicated cases over the past 6 months. However, USCIS cautions that each case is unique, and some cases may take longer than others to be adjudicated. Due to this, processing times should be used as a reference point, not an absolute measure of how long your case will take to be completed.

Additionally, remember to consider the processing time of your local USCIS Field Office, where you will eventually be called to appear for an in-person interview before an immigration officer to prove that you have a bona fide marriage, and meet all other requirements for a green card.


Overview


Service Centers Processing Form I-130 Petition for Alien Relative


There are currently six different Service Centers that process the Form I-130 Petition for Alien Relative. These include:

  • California Service Center (CSC)
  • Nebraska Service Center (NSC)
  • Potomac Service Center (PSC)
  • Texas Service Center (TSC)
  • Vermont Service Center (VSC)
  • National Benefits Center (NBC)

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In this video, attorney Jacob Sapochnick provides an update regarding the recent increase in the Immigrant Visa backlogs, which grew to more than 21,000 additional cases in the month of February alone.

If you would like to know more about this important update, please keep on watching.

Did you Know? Every month the Department of State’s National Visa Center (NVC) publishes an Immigrant Visa Backlog report, which provides data and statistics relating to the current status of worldwide visa operations, including the number of documentarily complete immigrant visa cases currently at the National Visa Center waiting for interviews, the number of cases that were scheduled for interviews at the end of each month, and the number of immigrant visa cases still waiting to be scheduled for a visa interview after interview appointment scheduling was completed at the end of each month.


Overview


According to the National Visa Center’s Immigrant Visa Backlog Report for the month of February 2023, there has been a substantial increase in the immigrant visa (IV) backlog rising from 386,787 pending cases in January to 408,456 cases in February — nearly a 6% increase amounting to a jump of 21,669 additional cases added to the backlog in just a one-month period. 

Additionally, when comparing the January and February Immigrant Visa backlogs, we can see that the number of immigrant visa applicants whose cases were documentarily complete and therefore ready to be scheduled for an interview at Consulates and Embassies increased by 21,874 cases, from 422,954 (in January) to 444,828 (in February).

  • A case is considered documentarily complete by the National Visa Center, when the applicant has paid all necessary fees and submits all necessary documents to meet the formal visa application requirements, such that the case is ready to be scheduled for a visa interview. When a case becomes documentarily complete, the NVC sends applicants an email to notify them that their case is complete and pending scheduling at the local Consulate or Embassy.

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Welcome back to the Immigration Lawyer Blog! In this video, attorney Jacob Sapochnick shares the most up to date information regarding the current status of U.S. visa services at U.S. Consulates and Embassies worldwide.

Many of our viewers have been asking us to provide a new update regarding visa operations in the year 2023. Here we provide a roundup of everything we know about this important topic.

Keep on watching to find out more.


Overview


As you might remember, the Department of State first suspended routine visa services at U.S. Consulates and Embassies worldwide during March of 2020 due to the COVID-19 pandemic. Slowly, but surely, Embassies and Consulates began a phased resumption of routine visa services, scheduling visa interviews according to local country conditions.

Today, Coronavirus restrictions have been lifted worldwide. Approximately 96 percent of U.S. Embassies and Consulates are interviewing visa applicants, while processing nonimmigrant visa applications at 94 percent of pre-pandemic monthly averages, and immigrant visa applications at 130 percent.

In the past 12 months (through September 30, 2022), DOS reported processing 8 million non-immigrant visas. The agency expects to soon meet or exceed pre-pandemic visa processing capacity.

The waiver of in-person visa interviews for several key visa categories has been an important part of driving down the substantial visa backlogs. For instance, DOS has been waiving in-person interviews for many students and temporary workers integral to supply chains.  In addition, applicants renewing nonimmigrant visas in the same classification within 48 months of their prior visa’s expiration can apply for visas without an in-person interview in their country of nationality or residence.  This has dramatically reduced the wait time for an interview appointment at many Embassies and Consulates.

The State Department estimates that 30 percent of worldwide nonimmigrant visa applicants may be eligible for an interview waiver, freeing up in-person interview appointments for those applicants who still require an in-person interview.

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