Visa Lawyer Blog

Articles Posted in Family Reunification

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calendar-1559935_1280We are pleased to report that today the U.S. Department of State’s Bureau of Consular Affairs published the August 2025 Visa Bulletin.

In this blog post, we breakdown the movement of the employment-based and family-sponsored categories in the coming month.

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 August.

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 August.

Please click here for more information.

Highlights of the August 2025 Visa Bulletin

At a Glance

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

Employment-Based Categories

Final Action Advancements

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

  • EB-2 Worldwide, Mexico, Philippines retrogressed by 1.4 months to September 1, 2023

EB-3 Professionals and Skilled Workers and Other Workers

  • EB-3 India will advance by 1 month to May 22, 2013

EB-5 Unreserved Categories (C5, T5, I5, and R5)

  • India will advance by 6.5 months to November 15, 2019
  • China will advance by 22.5 months to December 08, 2015

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gavel-7499921_1280In a stunning turn of events, on Tuesday a federal judge in New York blocked the Trump administration from ending Temporary Protected Status (TPS) benefits for Haitians ahead of schedule, ruling that DHS violated the law in attempting to strip deportations and work permits from over half a million Haitians.

The ruling comes in response to the Department of Homeland Security’s abrupt announcement that it would be terminating Haiti’s TPS designation effective September 2, 2025.

In a decision issued Tuesday, District Court Judge Brian M. Cogan found that accelerating the program’s expiration by at least five months was unlawful and that the government failed to follow required procedures mandated by Congress, such as conducting a review of current conditions in Haiti before ending its TPS designation—a requirement that was not followed in this case.

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haiti-162313_1280On Friday June 27, 2025, the Secretary of Homeland Security Kristi Noem announced that the government will not renew Temporary Protected Status (TPS) benefits for Haiti once the current designation expires on August 3, 2025.

Beneficiaries will be granted a 60-day transition period to make preparations to either depart the United States or seek alternative lawful immigration status in the United States, before Haiti’s designation officially terminates on September 2, 2025.

Employment Authorization

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We are pleased to report that today the U.S. Department of State’s Bureau of Consular Affairs published the July 2025 Visa Bulletin.

In this blog post, we breakdown the movement of the employment-based and family-sponsored categories in the coming month.

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 July.

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 July.

Please click here for more information.

Highlights of the July 2025 Visa Bulletin

At a Glance

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

Employment-Based Categories

Final Action Advancements

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

  • EB-1 China will advance by 1 week to November 15, 2022

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

  • EB-2 China will advance by 2 weeks to December 15, 2020

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On Wednesday, May 28, 2025, a federal judge from the United States District Court for the District of Massachusetts issued a nationwide court order lifting the Trump administration’s suspension of adjudications for immigration benefit applications submitted by noncitizens who were lawfully paroled into the United States under certain categorical parole programs implemented during the Biden administration.

Those affected by the suspensions were parolees in the following programs:

  • Military Parole in Place (MPIP) for members of the U.S. armed forces to petition their relatives for parole
  • Uniting for Ukraine (U4U), for Ukrainian citizens and their family members to apply for advanced authorization to travel to the United States to request parole for up to two years and apply for employment authorization with USCIS
  • Noncitizens from Cuba, Haiti, Nicaragua, and Venezuela (CHNV) authorizing parole requests of up to two years, and the ability to apply for employment authorization from USCIS
  • Family Reunification Parole (FRP) programs permitting individuals from Colombia, Cuba, Guatemala, Ecuador, Haiti, Honduras, and El Salvador to receive advanced authorization to travel to the United States while their family-based immigrant visas are pending.
  • Central American Minors Program (CAM) for individuals from El Salvador, Honduras, and Guatemala lawfully present in the United States to request immediate relatives not present in the United States to be granted access to the Refugee Admissions Program.

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calendar-162126_1280We are pleased to report that today the U.S. Department of State’s Bureau of Consular Affairs published the April 2025 Visa Bulletin.

In this blog post, we breakdown the movement of the employment-based and family-sponsored categories in the coming month.

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

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This image is licensed under the Creative Commons Attribution License Fibonacci Blue

Watch the Press Conference here.

On Wednesday February 26th House lawmakers reintroduced the American Dream and Promise Act of 2025—a bill that would create a legal pathway to citizenship for undocumented immigrants brought to the United States as children known as “Dreamers.” The bill would also include beneficiaries of Temporary Protected Status or Deferred Enforced Departure.

The Deferred Action for Childhood Arrivals (DACA) program was first created in 2012 by the Obama administration to protect eligible undocumented immigrants who were brought to the U.S. as children from deportation, while allowing them to apply for work authorization for temporary, renewable periods.

After a lengthy legal battle, the U.S. Court of Appeals for the Fifth Circuit allowed the U.S. Citizenship and Immigration Services (USCIS) to continue to accept and process DACA renewal applications and accompanying applications for employment authorization. However, USCIS is prohibited from processing initial requests for DACA.

In a statement accompanying the reintroduction of the bill, Congresswoman Sylvia Garcia, one of its authors said, “Dreamers are American in every way but on paper. For decades, they have contributed to and shaped the fabric of America. Yet, they are currently denied their place in the American story.

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international-2693195_1280-1The first 30 days of the Trump administration have involved dismantling Biden-era immigration protections including ending Temporary Protected Status (TPS) for Venezuelans, and now Haitians.

Before leaving office, the former Secretary of the Department of Homeland Security Alejandro Mayorkas had extended Temporary Protected Status (TPS) protections for Haiti for an 18-month period (until February 3, 2026).

Acting under the Trump administration, today DHS Secretary Kristi Noem partially vacated the Mayorkas extension reducing it from 18 months to 12 months.

As a result, Haiti’s TPS extension and new designation will end on August 3, 2025, instead of February 3, 2026, unless extended by the Trump administration.

First-time registration for Haitians seeking TPS protections will remain in effect until August 3, 2025, instead of February 3, 2026.

DHS said in a statement that by taking action it was making good on its promise to “rescind [Biden] policies that were magnets for illegal immigration,” highlighting that TPS is meant to provide only “temporary” immigration status to certain nationals from countries facing ongoing armed conflict, environmental disasters, and other extraordinary conditions.

The statement went on to say, “for decades the TPS system has been exploited and abused. For example, Haiti has been designated for TPS since 2010. The data shows each extension of the country’s TPS designation allowed more Haitian nationals, even those who entered the U.S. illegally, to qualify for legal protected status.”

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passport-159592_1280We are pleased to report that today the U.S. Department of State’s Bureau of Consular Affairs published the February 2025 Visa Bulletin.

In this blog post, we breakdown the movement of the employment-based and family-sponsored categories in the coming month.

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

EB-3 Other Workers

  • EB-3 India will advance by two weeks to December 15, 2012

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ukraine-7071043_1280We are pleased to report that the Department of Homeland Security recently announced that it will be extending Ukraine’s designation for Temporary Protected Status (TPS), for an 18-month period, from April 20, 2025, through October 19, 2026.

The extension was made based on the Secretary of Homeland Security’s assessment that Ukraine faces challenges that warrant ongoing humanitarian assistance based on the armed conflict and conditions preventing Ukrainian nationals from safely returning to their home country.

DHS estimates that Ukraine’s extension of TPS will allow approximately 103,700 current beneficiaries to re-register for TPS if they continue to meet the eligibility requirements.

TPS for Ukraine Informational Workshop

If you are in the San Diego area, the Law Offices of Jacob J. Sapochnick will be hosting an informational workshop about TPS benefits for Ukrainian nationals. We would be happy if you would join us.

When: Wednesday January 15, 2025 at 4 pm

Where: Mission Valley Library, Community Room

2123 Fenton Parkway San Diego, California

Who qualifies for TPS under Ukraine’s Designation?

You may be eligible to apply for TPS under Ukraine’s designation if you have continuously resided in the United States since at least August 16, 2023, and have remained continuously physically present in the United States since that date.

DHS reminds the public that TPS applications undergo rigorous national security and public safety vetting. If any individual is identified as posing a threat, they may be detained, removed, or referred to other federal agencies for further investigation or prosecution. Individuals are barred from receiving TPS if they have been convicted of any felony or two misdemeanors.

Re-registration for current TPS recipients

Current beneficiaries under TPS must re-register during the 60-day re-registration period which will soon be announced on Ukraine’s TPS webpage. Qualifying beneficiaries who re-register and continue to meet the TPS eligibility requirements will be able to retain their TPS benefits and employment authorization.

Re-registration is limited to individuals who previously registered for and were granted TPS under Ukraine’s initial designation. This population includes nationals of Ukraine (and individuals without nationality who last resided in Ukraine) who have been continuously residing in the United States since at least August 16, 2023, with or without lawful immigration status.

DHS recognizes that not all re-registrants may receive a new Employment Authorization Document (EAD) before their current EAD expires and is automatically extending work permits for 12 months, the validity of EADs previously issued under Ukraine’s TPS designation.

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