Articles Posted in USCIS processing times

In this blog post, we discuss an important topic: can you apply for U.S. Citizenship if you are still waiting to receive a decision for a pending Form I-751 Petition to Remove Conditions on Residence, filed with the U.S. Citizenship and Immigration Services (USCIS).

We will discuss a client’s hypothetical case for you to consider under what circumstances it may be possible to apply for U.S. Citizenship with a pending I-751 petition.


Overview


As our readers may be aware, the Form I-751 Petition to Remove Conditions on Residence is subject to lengthy processing times, with 80 percent of cases receiving a decision within 20 to 30 months of filing, depending on the USCIS Field Office or Service Center that is processing the petition.

Due to these long wait times, back in January of 2023, USCIS announced that it would be extending the validity of Permanent Resident Cards (Green Cards) for applicants with a pending Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status for a period of 48 months (4 years) beyond the green card’s printed expiration date.

USCIS began implementing this change by providing a 48-month automatic extension on Notices of Action mailed to applicants beginning on January 11, 2023, for Form I-829 applicants, and on January 25, 2023, for Form I-751 applicants.

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In this blog post, we will discuss the top five ways that foreign investors can get a green card in the United States. This post will benefit potential investors or foreign nationals who want to maximize their chances of gaining permanent residence in the United States.


Overview


If you are a foreign investor or an entrepreneur there are essentially five ways to self-petition for permanent residence without the requirement of a job offer or employment sponsorship.


Option One: Green Card through the EB-5 Immigrant Investor Program


The first option is the EB-5 Immigrant Investor Program. This program allows qualifying investors to obtain conditional permanent residence through an EB-5 visa. To qualify, investors must make a capital investment of $800,000 (in a Targeted Employment Area Regional Center Project) or $1,050,000 (in a new commercial enterprise that you create or buy into – also known as direct EB-5 investments). You must also demonstrate that the capital you are investing comes from a lawful source, and that your investment will create at least 10 new jobs for U.S. workers. Additionally, your capital investment must be committed to the project for at least five to seven years.

Once an investor’s EB-5 petition has been approved, he or she will receive a 2-year conditional green card. Before the expiration of the green card, the investor must remove the conditions on his permanent resident status by filing an I-829 petition with USCIS. When removing the conditions on permanent residence, investors must prove that they made the required investment and that all EB-5 requirements were satisfied such as job creation.

Once USCIS approves the I-829 petition, the applicant’s residency status is no longer conditional and the investor will be issued a 10 year green card.

EB-5 Direct Investments

EB-5 direct investments are those where the capital is invested in a new commercial enterprise such as a franchise operation, hotel real estate development projects, large restaurants, IT projects, retail chain operations, and large construction projects.

One of the most important components of the EB-5 application process is that you must be prepared to demonstrate the source/origin of your investment funds through documentary evidence. In other words, your investment funds must be traceable to their originating source.

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Have you ever wondered how you can apply for a green card renewal while outside of the United States? In this video, attorney Jacob Sapochnick tells you everything you need to know about this process.

We also discuss how you can travel internationally if your green card has already expired.

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


Overview


This topic will be of interest to permanent residents who are overseas and now have an expired green card, as well as those who want to travel abroad but have an expired green card.

When you are issued a green card (Permanent Residence), it essentially means that you have the right to live permanently in the United States for a renewable period of 10 years.

Some of the benefits of being a lawful permanent resident are that you can accept employment without restriction, own property, receive financial assistance at public colleges and universities, and join the Armed Forces. Before the expiration of your permanent resident card, you must apply to renew it by filing Form I-90 with the U.S. Citizenship and Immigration Services (USCIS).

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Want to know why the immigrant visa backlog is still a big issue in 2023? Then you won’t want to miss this blog post, where attorney Jacob Sapochnick tells you all you need to know about the visa backlogs.


Overview


So, you’ve filed your green card application and now your case is stuck in the backlogs. In this video we discuss what the green card backlog is and why it is still happening in 2023.


What is a green card backlog?


A green card backlog occurs when there have been significant delays in the processing and approval of applications for adjustment of status to permanent residency (also known as green card applications filed with USCIS) and/or immigrant visa applications awaiting interview scheduling at U.S. Consulates and Embassies abroad.

While the backlog has always existed to some extent, mandatory quarantines and social distancing protocols occurring during the Coronavirus pandemic worsened delays in green card processing. Additionally, the annual numerical limits for family-sponsored and employment-based preference categories limit the number of green cards that can be issued every year, therefore causing delays among millions of applicants who must wait for their “priority date” to become current on the Visa Bulletin, before becoming eligible to apply for their green card. For many of these categories, demand for visas far exceeds the number of available visas which causes a backlog of applicants waiting for their turn at the front of the line.

Furthermore, the Immigration and Nationality Act imposes a per-country limit on the number of green cards that can be issued by country of nationality. Therefore, applicants from countries that experience a high demand for visas such as India, China, Mexico, and the Philippines have much longer wait times when compared to other foreign nationals.

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In this video, attorney Jacob Sapochnick explains the process for a United States Citizen to petition his or her parents for a green card, through adjustment of status (for those lawfully residing in the U.S.) or Consular processing (for those residing overseas).

If you want to know more about the eligibility requirements to do so, and how long it is currently taking for USCIS to approve green card applications for parents, please keep on watching.


Overview


Every year, thousands of people apply for green cards in different categories. One of the most common filings are green cards for parents of U.S. Citizens.

First, let’s discuss the requirements to file your parent’s green card.

To file the green card petition for your parents, you must be a U.S. Citizen that is 21 years of age or older. As proof of your qualifying family relationship to your parent, you will be required to provide a photocopy of your birth certificate.

As the petitioner (the U.S. Citizen family member filing the green card application with USCIS), you will also be required to file what is known as the I-864 Affidavit of Support. Form I-864 is your contract with the U.S. government promising to provide adequate financial support for your parent until they become a U.S. Citizen. As part of this process, you must prove to the U.S. government that you meet 125% of the Federal Poverty Guidelines according to your household size by providing verification of employment, and income verification documents.

Finally, your parent must intend to reside in the United States upon approval and issuance of their green card.


Procedure to Apply for the Green Card


There are generally two ways to immigrate your parent to the United States depending on where they are living: (1) adjustment of status or (2) consular processing.

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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 tells you everything you need to know about the EB-5 Immigrant Investor Program in the year 2023. While there have been recent Congressional changes to the program, it is still an option for those who wish to obtain their green card through a qualifying investment.

If you would like to know more about the EB-5 Immigrant Investor Program, please keep on watching!

Did You Know? The EB-5 Immigrant Investor Program was first created by Congress in the year 1990 to stimulate the United States economy through job creation and capital investment by foreign investors. In return for their qualifying investment, investors receive conditional permanent residence in the United States, and are required to remove their conditions on permanent residence by filing Form I-829 within 90 days of their conditional green card’s expiration.

In 1992, Congress extended the program to allow for Regional Center investment, which sets aside EB-5 visas for participants who invest in commercial enterprises associated with regional centers approved by USCIS based on proposals for promoting economic growth.


Overview


EB-5 Investment Visa: The Ultimate Guide in 2023


What is the EB-5 investor visa?


The EB-5 investor visa allows qualifying investors (and their spouse and unmarried children under age 21) to receive conditional permanent resident status (a 2-year green card).

One of the ways in which foreign investors may qualify for the EB-5 classification is by investing through regional centers designated by USCIS based on proposals for promoting economic growth.

When investing in regional centers, investors will choose a project offered by the regional center in which they wish to invest. Typically, the projects offered for investment are real estate development projects. For regional center investment, the investor does not need to invest in a project in his or her state of residence. The investment can occur anywhere in the United States.

Additionally, regional center investment allows investors to passively invest in the project, without having to direct or manage it themselves. Regional center investment is the most common way to qualify for the EB-5 visa. In fact, 95 percent of all EB-5 investors file their cases through Regional Center investment.

Another way to qualify is by investing directly in a new commercial enterprise that you intend to direct and operate. In this case you will be managing the project yourself. Only 5 percent of EB-5 investors opt for investment in a new commercial enterprise, because it is more risky.

On March 15, 2022, President Biden signed the EB-5 Reform and Integrity Act as part of the Consolidated Appropriations Act, 2022 (Public Law 117-103), which created new requirements for the EB-5 immigrant visa category and the Regional Center Program. EB-5 immigrant visas are currently authorized under the Regional Center Program through September 30, 2027.

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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 discusses a very hot topic in the world of immigration—the H-1B visa lottery program. Learn how you can increase your chances of winning the H-1B visa lottery for the fiscal year 2024 cap in this video.

Recently, the U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the FY 2024 H-1B cap will open starting at noon Eastern time on March 1st and close noon Eastern time on March 17th.

The H-1B season is always an exciting time that gives you the chance of being selected in the lottery and the opportunity to live and work in the United States.

If you want to know more just keep on watching.

Did you know? The H-1B visa is a non-immigrant work visa that allows U.S. employers to hire foreign workers for specialty occupations requiring a bachelor’s degree or its equivalent. The most common occupations for the H-1B visa are the STEM occupations. Every fiscal year, USCIS is limited to a congressionally mandated visa quota of 65,000 cap-subject H-1B visas. Separately, 20,000 H-1B visas are available for foreign nationals who hold a master’s or other advanced degree from a US institution of higher education (cap-exempt).

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In this blog post, attorney Jacob Sapochnick talks about a brand-new proposal to increase the government filing fees for certain types of immigration benefits filed with the United States Citizenship and Immigration Services (USCIS).

Following the announcement, on January 4, 2023, the Department of Homeland Security (DHS) published a Notice of Proposed Rulemaking (NPRM) in the Federal Register outlining the proposed fee schedule which seeks to increase the filing fees of certain nonimmigrant visa classifications, as well as adjustment of status (green card) applications.

The government will be accepting public comments for the proposed rule until March 6, 2023. After the comment period has closed, the agency will review the public comments and issue a final version of the rule.

TIP: If you know that you will be applying for an immigration benefit that is subject to the proposed fee increase, you should apply as soon as possible to avoid incurring the higher fee.

Want to know more? Just keep on watching.

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