Visa Lawyer Blog

Articles Posted in Family Visas

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library-of-congress-jPN_oglAjOU-unsplash-scaledIt has been less than 24 hours since President Donald Trump has taken office, and he has already signed into law a flurry of executive orders directly impacting immigration.

More than a dozen of these executive orders dismantle Biden era immigration policies, and usher in restrictive policies for visa seekers, asylum applicants, and undocumented immigrants.

The swift issuance of these executive orders signals a tough political climate ahead for immigration, and what is sure to be a continuance of the Trump administration’s hardline stance on immigration.

While some of these executive orders may face legal challenges, here is a summary of all the executive orders affecting immigration issued on day one of Trump’s presidency.

Executive Order: President Trump’s America First Priorities

President Trump’s first executive order entitled “President Trump’s America First Priorities,” states the following as top priorities of his administration, which touch upon immigration.

  • President Trump promises to take “bold action” to secure the U.S. border and protect communities by calling on the U.S. Armed Forces and National Guard to assist with border security
  • At the President’s direction, the State Department will have an “America-First” foreign policy
  • Ends Biden’s Catch-and-Release Policies

What it is: Catch-and-release authorized the release of individuals without legal status from detention while awaiting immigration court hearings.

  • Reinstates Remain in Mexico Policy

What it is: Known formerly as the Migrant Protection Protocol, this policy will require certain asylum seekers at the southern border to wait in Mexico for their hearings in U.S. immigration court.

  • Continues the construction of his southern border wall with Mexico
  • Prohibits asylum for individuals who have crossed the border illegally

What it is: Aims to end asylum and close the border to those without legal, to facilitate a more immediate removal process

  • Cracks down on U.S. sanctuary cities
  • Enhanced vetting and screening of noncitizen aliens seeking admission to the U.S.

What it is: The President will direct agencies to report recommendations for the suspension of entry for nationals of any country of particular concerns.

  • Expands deportation operations for aliens with a criminal record
  • Suspends the refugee resettlement program
  • Designates cartels such as the “Tren de Aragua” as foreign terrorist organizations and calls for their removal by using the Alien Enemies Act
  • Calls on the Department of Justice to implement the death penalty for illegal immigrants “who maim and murder” Americans and commit “heinous crimes”

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martin-luther-king-180477_1280At the Law Offices of Jacob J. Sapochnick, we are proud to honor the life and legacy of Martin Luther King Jr. who once said, “injustice anywhere is a threat to justice everywhere.” His endless pursuit for justice, and the belief that we are all created equal continue to inspire the world.

As we reflect on his words and actions, let us remember that the fight for justice is ongoing. We are committed to representing our clients each and every day to help build a more diverse and inclusive America. Today, we reflect on the future of American society, and what it means to stand up for what is right.

In observance of this historic day, our office will be closed. We will reopen on Tuesday January 21, 2025. We look forward to serving you.

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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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donald-trump-2789735_1280We are just 14 days away from Donald Trump’s presidential inauguration, setting the stage for a new era in the world of immigration.

The President’s border czar Tom Homan is set to be one of the key players of the incoming Trump administration, in charge of securing our nation’s borders. Homan was the former acting director of Immigration and Customs Enforcement (ICE) during the first Trump administration, and was a key contributor of Project 2025, a conservative political agenda.

On Sunday night, Tom Homan appeared on CBS News’s, “Face the Nation” where he was asked about his plans to carry out the largest deportation operation in history, during a time when deportations have already been at a record high under President Biden.

Homan responded by criticizing the Biden administration’s deportation record, stating that 80 percent of the deportation numbers were from Border Patrol arrests, and not interior enforcement arrests carried out by Immigration and Customs Enforcement (ICE).

When asked whether Trump’s deportation numbers would come from arresting and deporting people within the interior of the United States versus securing the southern border, Homan deflected instead focusing on Biden’s dismal track record on border security.

He was further questioned about the Trump administration’s deportation plans on day one, including whether ICE plans to conduct workplace raids across the nation to remove undocumented immigrants from the country.

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immigration-8579109_1280The United States Citizenship and Immigration Services (USCIS) recently announced some important updates for green card applicants, and those renewing existing employment authorization documents also known as EADs.

I-485 New Green Card Application Form

On December 10, 2024, USCIS published a new edition of Form I-485, Application to Register Permanent Resident or Adjust Status. The new form includes updated questions and important instructions for green card applicants.

Beginning February 10, 2025, USCIS will only accept the 10/24/24 edition of Form I-485. The agency will reject any older editions submitted on or after that date.

The new edition of Form I-485 features the following major changes:

  • Requires applicants who need to submit a Form I-693, Report of Immigration Medical Examination and Vaccination Record, or a partial Form I-693 (such as a vaccination record), to submit the Form I-693 or partial Form I-693 with their Form I-485.  If the applicant does not submit the Form I-693 with Form I-485 when it is required, the Form I-485 may be rejected
  • Enables applicants who are exempt from the Form I-864, Affidavit of Support Under Section 213A of the INA, requirement to request the exemption on Form I-485 rather than submitting a separate Form I-864W, Request for Exemption for Intending Immigrant’s Affidavit of Support. Form I-864W has been discontinued.
  • Contains clarifications for questions about the public charge ground of inadmissibility. The questions will now require an applicant to identify their immigrant category so that USCIS can determine whether or not they are exempt from this ground of inadmissibility and adjudicate the application accordingly
  • Streamlines the collection of information and clarifies instructions and applicant requirements.

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calendar-151591_1280We are pleased to report that today the U.S. Department of State’s Bureau of Consular Affairs published the January 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

The U.S. Citizenship and immigration Services (USCIS) has not yet indicated which chart it will use to determine filing eligibility for adjustment of status to permanent residence in January 2025.

Please click here for more information.

Highlights of the January 2025 Visa Bulletin

At a Glance

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

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 months to October 1, 2012
  • EB-2 China will advance by one month to April 22, 2020
  • EB-2 All other countries will advance by two weeks to April 1, 2023

EB-3 Professionals and Skilled Workers

  • EB-3 India will advance by three weeks to December 1, 2012
  • EB-3 China will advance by two months to June 1, 2020
  • EB-3 All other countries will advance by two weeks to December 1, 2022

EB-3 Other Workers

  • EB-3 India will advance by three weeks to December 1, 2012
  • EB-3 Except China, all other countries will advance by one week to December 8, 2020

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doctor-5569298_1280Wondering what’s new in immigration? We have some bad news for adjustment of status applicants filing a green card inside the United States.

Effective immediately, the U.S. Citizenship and Immigration Services (USCIS) will now require adjustment of status applicants filing Form I-485, Application to Register Permanent Residence or Adjust Status to submit their application along with the sealed medical examination from their civil surgeon also known as Form I-693, Report of Immigration Medical Examination and Vaccination Record.

Applicants who fail to provide the medical examination may have their I-485 green card application rejected by USCIS.

Why is a Medical Examination Required for a Green Card?

Those who are applying for adjustment of status (a green card) are generally required to undergo an immigration medical examination. During the examination, the civil surgeon will review the applicant’s vaccination history to determine whether the applicant has received all required vaccinations, including the COVID-19 vaccination.

Once the medical examination has been completed, the civil surgeon must sign and provide a sealed Form I-693 report that must be mailed by the applicant along with the I-485 application.

The medical report is necessary to prove that green card applicants are free from health conditions that would render them inadmissible to the U.S. on health-related grounds.

Accordingly, filing the Form I-693 and Form I-485 together is now a requirement.

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thanksgiving-7578696_1280It’s that time of year again, when we are called to count our blessings, and you are certainly one of them! Our customers are the reason we thrive. Thank you so much for choosing us time and time again. We wish you and yours a very happy Thanksgiving!

Please be aware that our office is closed in observance of the Thanksgiving holiday on Thursday November 28th and Friday November 29th.

We will be happy to serve you upon our return on Monday December 2nd.

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hollywood-4133249_1280Los Angeles has become the first of many cities to use its legislative powers to protect undocumented immigrants from the threat of deportation.

On November 19, 2024, the Los Angeles City Council passed a “sanctuary city” ordinance, prohibiting the use of the city’s resources and personnel to carry out federal immigration enforcement actions. This move was made ahead of the President-elect’s campaign promise to carry out mass deportations.

Los Angeles has long protected the rights of immigrants by refusing to cooperate with federal immigration authorities. Now that commitment has been codified by law.

More than 11 states have taken similar actions to reduce their cooperation with federal immigration authorities.

Upon taking office, Trump could retaliate by issuing an executive order to withhold federal funding from sanctuary cities like Los Angeles. His administration has also vowed to pass legislation to outlaw sanctuary cities.

While it is not yet known the degree to which Trump will deliver on his campaign promises, individuals close to his administration have spoken to the media about his plans on condition of anonymity.

According to a recent report by NBC news, on Day One of his presidency, Trump is expected to issue five executive orders delivering on his promise to put a stop to illegal immigration. Many other executive orders are expected to follow, designed to undo the Biden administration’s policies on subjects like abortion and gender affirming care.

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animal-2345418_1280

We are pleased to report that today the U.S. Department of State’s Bureau of Consular Affairs published the December Visa Bulletin. Unfortunately, the December Visa Bulletin brings almost no movement.

USCIS Adjustment of Status

For employment-based and family-sponsored preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed it will continue to use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of December.

Highlights of the December 2024 Visa Bulletin

At a Glance

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

Employment-Based Categories

  • The Final Action Date for India EB-2 will advance by two weeks to August 1, 2012
  • The Final Action Date for India EB-3 will advance by one week to November 8, 2012
  • All other employment-based Final Action Dates and Dates for Filing will remain the same in December as the previous month

Family-Sponsored Categories

  • All family-sponsored Final Action Dates and Dates for Filing will remain the same in December as the previous month

For more details, please see our analysis of the December 2024 Visa bulletin below.

Employment-Based Categories

FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

According to the Department of State’s December 2024 Visa Bulletin, the following Final Action cutoff dates will apply for employment-based categories in the month of December.

  • No change from previous month, except for EB-2 India and EB-3 India

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

  • EB-1 India will remain at February 1, 2022
  • EB-1 China will remain at November 8, 2022
  • EB-1 All other countries will remain current

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

  • EB-2 India will advance by two weeks to August 1, 2012
  • EB-2 China will remain at March 22, 2020
  • EB-2 All other countries will remain at March 15, 2023

EB-3 Professionals and Skilled Workers

  • EB-3 India will advance by one week to November 8, 2012
  • EB-3 China will remain at April 1, 2020
  • EB-3 All other countries will remain at November 15, 2022

EB-3 Other Workers

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