Archive for the ‘Immigrant Visas’ Category
EB-2 CATEGORY WILL ADVANCE 1 YEAR ON FEBRUARY 1, 2012!
The EB-2 (employment-based second preference) green card category for advanced degreed professionals will advance 1 year on the February 2012 Department of State Visa Bulletin for individuals from mainland China and India.
Congress allots a certain number of immigrant visas each year for various categories and countries. Foreign nationals in the EB-2 category from India and China typically wait several years for a green card “number” to become available to them as there is a backlog with these applications. The wait is based on an applicant’s “priority date” which he/she obtains when the first step of the green card process is filed. Until that date is current on the Visa Bulletin (published monthly), the individual cannot submit (and the officers cannot adjudicate) the final paperwork for a green card.
In the January 2012 Visa Bulletin, the applications being reviewed for Chinese and Indian nationals in the EB-2 category have priority dates of January 1, 2009 and earlier. In the February 2012 Visa Bulletin, the priority date will jump to January 1, 2010 and earlier, cutting off a full year of waiting. This is great news for individuals with priority dates between January 1, 2009 and January 1, 2010 as they can now submit their final paperwork for a green card.
Please don’t hesitate to contact our San Francisco Immigration Law Office if you need assistance with a green card application or have any questions about the above.
Tags: advanced degree professional, EB-2, green card, I-485, lawful permanent resident, priority date, visa bulletin
Posted in Alerts, Immigrant Visas, USCIS | Read More »
RULE MAY ALLOW UNLAWFUL PRESENCE WAIVERS TO BE FILED WITHIN U.S., KEEPING FAMILIES TOGETHER
The USCIS announced a proposal January 6, 2012 that would streamline and humanize the application process for undocumented foreign national spouses and children of U.S. citizens who apply for legal permanent resident status (green card status). The proposed rule does not apply to spouses and children of green card holders (only citizens).
Under the current rules, an undocumented individual who is eligible for green card status must leave the country to apply and process the paperwork. However, once he/she leaves, the person triggers a 3-year or 10-year bar to the U.S. if he/she was unlawfully present in the U.S. for more than 180 days. The processing times abroad for waivers and applications can range from months to years and keep families separated.
If the proposed rule becomes final, undocumented foreign nationals who would trigger a bar upon leaving will be allowed to apply for the waiver from within the U.S. and remain with their families until it is time to process the green card application abroad. Note that applicants would still be required to depart from the U.S. before receiving final approval on their green card application, however the wait abroad will be much shorter.
The government believes that this new rule would encourage applicants to come forward and create a faster and safer means for processing applications. As it stands, many individuals remain under the radar and never apply for status so they do not get separated from their loved ones.
Stay tuned for future posts on this important change to the law.
Tags: family unity, green card, lawful permanent resident, proposed rule, unlawful presence, waiver
Posted in Alerts, Immigrant Visas, immigration reform, Politics/Current Events | Read More »
U.S. CONSULATE IN CHENNAI, INDIA NO LONGER PROCESSING IMMIGRANT VISAS
As of January 1, 2012, the U.S. Consulate in Chennai, India will no longer process immigrant visas. An immigrant visa allows a foreign national entry to the U.S. as a permanent resident (green card holder). The U.S. Consulates in Mumbai (Bombay) and New Delhi will be the only Consulates processing immigrant visas going forward.
An immigrant visa is typically obtained after a family member or employer has sponsored a foreign national for permanent status in the U.S. This is the second step following approval of an immigrant petition in the U.S.
Applicants currently in the process of obtaining an immigrant visa in Chennai may contact ChennaiIVU@state.gov for clarification on their status.
Tags: Chennai, green card, immigrant visa, India
Posted in Alerts, Immigrant Visas | Read More »
U.S. DEPARTMENT OF STATE SENDING WAVES OF STAFF TO CHINA AND BRAZIL
The U.S. DOS is sending waves of temporary staff to China and Brazil to address growing visa demands and shorten visa wait times. The employees are helping process the high number of visa applications until permanent staff arrive.
The 2011 mission to Brazil resulted in processing 820,000 visa applications, which is a 42% increase from the previous year. The DOS plans to double the consular staffing in Brazil over 2012 by adding 50 new officer positions. Current visa wait times in Brazil are down to under 50 days.
China has seen even more growth than Brazil, specifically in 2011, during which DOS employees processed more than 1 million visa applications. This is a 34% increase over the previous year. Current visa wait times in China are down to under 10 days.
Tags: Brazil, China, Department of State, U.S. consulate, U.S. visas, visa wait times
Posted in H-1B, Immigrant Visas, Nonimmigrant Visas | Read More »
ALERT: 10/28/11 Deadline for Certain Widow(er)s to File I-360 Green Card Petition
There is a rule that allows surviving foreign national spouses to file for green card status following the death of their U.S. citizen husband or wife. The rule used to be that the couple had to be married two years at the time of the death for the foreign national to qualify. On October 28, 2009, a law abolished this requirement. Now, widow(er)s of U.S. citizens married for any length of time (even shorter than two years) can file an I-360 self-petition for immediate relative green card status. However, the law states that the petition must be filed within two years of the U.S. citizen’s death.
For deaths that occurred prior to October 28, 2009 when the above law passed, widow(er)s must file their I-360 green card petitions by October 28, 2011. This is a very important deadline. Such widow(er)s will not be able to qualify for this type of green card petition otherwise if they miss the deadline.
Please contact our San Francisco immigration law office if you need assistance with filing an I-360 petition by October 28, 2011.
Tags: green card, I-360, immediate relative, U.S. citizen death, widow, widower
Posted in Alerts, FAQ Marriage-Based Green Card, Immigrant Visas | Read More »
2011 PERM Labor Certification Statistics
As of May 31, 2011, the Department of Labor has 22,200 active PERM labor certification cases. Of those cases, 37% of beneficiary’s hold Master’s degrees, 37% hold Bachelor’s degrees and 4% hold PhD’s. The processing status of these cases is as follows: 44% under review; 29% being audited; and 24% under appeal. Labor certification involves the testing of the labor market for qualified and available U.S. workers. Most companies that sponsor foreign nationals for employment-based green cards must first test the labor market.
Tags: audits, labor certification, PERM
Posted in Immigrant Visas | Read More »
DIVERSITY LOTTERY SOFTWARE GLITCH FORCES RE-DO!
Today the Department of State (DOS) announced that it will re-run the diversity lottery due to a computer glitch that selected 90% of winners from those who filed within the first two days. The DOS has stated that this is not a fair and random selection of entrants. The DOS has also confirmed that the software glitch, which was a programming error, has now been fixed.
A new lottery will be held and the results will be announced July 15, 2011. Applicants do not need to re-enter to be eligible. The lottery will run from the same database of applicants.
Tags: computer glitch, Department of State, diversity lottery, DV lottery
Posted in Alerts, Immigrant Visas | Read More »
Priority Dates Advance for EB-2 Applicants
Due to a decline in green card filings in the employment-based first preference category (EB-1), 12,000 unused visa numbers will be reallocated to the employment-based second preference category (EB-2).
Each year, the Department of State (DOS) allocates a certain number of immigrant visa (green card) slots for the various employment-based categories. This allocation is based on the type of case and country of nationality of the applicant. Each month, the DOS publishes a visa bulletin showing which type of green card case and country is currently being reviewed by the USCIS. This review is based on the date of the applicant’s green card application filing (known as the “priority date”). If the priority date is current on the bulletin for the category and country, the USCIS may render a decision about the pending green card application.
The EB-2 category will see advancement of priority dates on the visa bulletin in the coming months. India is the country most affected by this news due to the fact that the EB-2 category for India is extremely backlogged. With an additional 12,000 slots available, Indian applicants who are currently waiting to hear about their green card applications may finally receive a decision.
Tags: backlog, Department of State, EB-1, EB-2, priority date, quota, visa bulletin
Posted in Alerts, Immigrant Visas, USCIS | Read More »
U.S. Consulates in Pakistan Closed Due To Potential Violent Protests
The Warden of the U.S. Consulate in Islamabad issued a warning on March 17, 2011 that U.S. Consulates in Pakistan (i.e. Islamabad, Karachi, Lahore, and Peshawar) are closed until further notice due to potential violent protests. It is anticipated that there will be a violent response to the recent acquittal and release of a U.S. contractor into U.S. custody. The Consulates remain open for emergency services for U.S. citizens during this time and should open for all once the country has stabilized following this event.
Tags: emergency, Pakistan, US Consulate, violence
Posted in Alerts, Immigrant Visas, Nonimmigrant Visas | Read More »
