Visa Lawyer Blog

Articles Posted in Family Visas

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It’s the start of a brand-new year! On behalf of the Law Offices of Jacob J. Sapochnick we would like to wish you and your loved ones a very Happy New Year. It has been a challenging time in the world of immigration law but we at the Law Office are proud to help you navigate the new normal.

In this blog post we share with you a new proposed rule that has been published in the Federal Register. The new rule seeks to raise certain nonimmigrant visa application processing fees, fees for the Border Crossing Card for Mexican Citizens age 15 and over, and fees to waive the two-year residency requirement (J waiver).

What is this all about?

On December 29, 2021, the Department of State released a new rule proposing the adjustment of various fees for Consular Services.

Non-Petition Based NIVs to Increase to $245 USD for B1/B2, F, M, J, C, D, I, and BCC applicants

Among the proposed fee changes is an increase of “non-petition” based NIV fees from $160 USD to $245 USD per application.

This change would impact a variety of nonimmigrant visas, such as:

  • those for business and tourist travel (B1/B2);
  • students and exchange visitors (F, M, and J);
  • crew and transit visas (C and D);
  • representatives of foreign media (I), and
  • other country-specific visa classes, as well as BCCs for applicants age 15 or older who are citizens of and resident in Mexico.

According to the Department of State, “non-petition” means visas that do not require separate requests known as “petitions” to be adjudicated prior to the visa application to establish that the individual meets certain qualifying criteria for the relevant status ( e.g. , that the beneficiary of the petition has the relevant familial relationship to the petitioner). Non-petition based NIVs make up nearly 90 percent of all NIV workload.

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Welcome back to Visalawyerblog! In this post, we share with you an exciting new update from the United States Citizenship and Immigration Services (USCIS) that will provide relief to those who have received a Request for Evidence, Notice of Intent to Deny (NOID), or such similar request.

USCIS RFE/NOID Flexibility Continued for Responses to Agency Requests

USCIS has announced that it will continue its flexibility policy giving applicants and petitioners more time to respond to Requests for Evidence during the COVID-19 pandemic and such related requests.

Today, Thursday December 30, 2021, USCIS made the announcement stating it will continue to give applicants who have received a request for evidence, notice of intent to deny, or such a related document, an additional 60 calendar days after the response deadline indicated on the notice or request, to submit a response to a request or notice, provided the request or notice was issued by USCIS between March 1, 2020 through March 26, 2022. 

This is great news because it will allow applicants and petitioners more time to gather documents that are hard to obtain during the COVID-10 pandemic.

What documents qualify for this flexibility in responding?

Applicants who receive any of the below mentioned documents dated between March 1, 2020 and March 26, 2022 can take advantage of the additional 60 calendar days to respond to the request or notice:

  • Requests for Evidence;
  • Continuations to Request Evidence (N-14);
  • Notices of Intent to Deny;
  • Notices of Intent to Revoke;
  • Notices of Intent to Rescind;
  • Notices of Intent to Terminate regional investment centers; and
  • Motions to Reopen an N-400 pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion or Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings, if:

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It is that time of the month again! In this blog post, we will cover the release of the January Visa Bulletin 2022 and what you can expect for employment based and family preference categories during the month of January 2022.

The Department of State releases the visa bulletin on a monthly basis, which summarizes the availability of immigrant visa numbers for that particular month. The “Final Action Dates” and “Dates for Filing Applications,” charts indicate when immigrant visa applicants should be notified to assemble and submit the required documentation to the National Visa Center.

Adjustment of Status Filings for those lawfully residing in the United States

In general, if USCIS determines there are more immigrant visas available for a fiscal year than there are known applicants for such visas, the agency will provide instructions on the www.uscis.gov/visabulletininfo webpage that applicants may use the Dates for Filing chart. Otherwise, USCIS will indicate that applicants must use the Final Action Dates chart to determine when they may file their adjustment of status application with USCIS. If a particular immigrant visa category is “current” on the Final Action Dates chart or the cutoff date on the Final Action Dates chart is later than the date on the Dates for Filing chart, applicants in that immigrant visa category may file using the Final Action Dates chart during that month.

Adjustment of Status Filing Chart January 2022

For Family-Sponsored Filings:

Pursuant to guidance released by USCIS, in the F2A category, there is a cutoff date on the Dates for Filing chart. However, the category is “current” on the Final Action Dates chart. This means that applicants in the F2A category only may file using the Final Action Dates Chart in the Department of State Visa Bulletin for January 2022.

For all other family-sponsored preference categories, applicants must use the Dates for Filing Chart in the Department of State Visa Bulletin for January 2022.

For Employment-Based Preference Filings:

All applicants, except EB-5 Regional Center, falling under employment-based preference categories, must use the Dates for Filing chart in the Department of State Visa Bulletin for January 2022. This means that USCIS will accept employment-based adjustment of status applications (except EB-5 Regional Center) with a priority date that is earlier than the Dates for Filing listed in the November Visa Bulletin.

NOTE: USCIS will not accept any new employment-based fifth preference adjustment of status applications based on the Regional Center Program until that program is reauthorized by Congress.

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Breaking news! The Department of State has published a final rule in the Federal Register announcing a new temporary final rule that grants consular officers flexibility to waive the personal appearance of certain “replacement” immigrant visa applicants who were approved for an immigrant visa in the same classification and on the same basis as the current application on or after August 4, 2019.

Under this new policy, consular officers will have the discretion to allow this subset of immigrant visa applicants to affirm the accuracy of the contents of their DS-260 application without appearing for an in-person interview before a consular officer. The temporary final rule is effective immediately and will expire after 24 months on December 13, 2023.

Who does the new temporary rule apply to?

This temporary final rule for a discretionary waiver of personal appearance and interview applies to immigrant visa applicants who were issued a U.S. immigrant visa on or after August 4, 2019, and meet the following additional criteria:

  • the applicant must be seeking an immigrant visa in the same classification (or another classification as the result of automatic conversion due to the death or naturalization of the petitioner of the previously issued immigrant visa)
  • the applicant seeks and remains qualified for an immigrant visa pursuant to the same approved petition as their previously approved application, and
  • they must continue to qualify for the immigrant visa sought.

Interview Waivers

Under this temporary final rule, the personal appearance and interview of certain applicants for an immigrant visa may be waived in the discretion of the consular officer, provided that the applicant is willing to affirm under penalty of perjury to the information provided on their Online Immigrant Visa and Alien Registration Application, known as Form DS-260.

The consular officer may decide to either (1) communicate with the applicant by telephone or email, (2) request that the applicant provide additional information that the consular officer deems necessary, or (3) may request the applicant to appear in person.

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Welcome back to Visalawyerblog! We hope that you had a restful Thanksgiving holiday break with your friends and family members.

In this blog post, we share with you some unfortunate new developments relating to the ongoing Coronavirus pandemic that will restrict the entry of foreign nationals from certain countries to the United States.

Just as the United States was beginning to ease restrictions on international air travel for the fully vaccinated starting November 8th, the world has once again been thrown into turmoil as a new Coronavirus variant known as “omicron” has been revealed with new cases emerging throughout Europe, Australia, South Africa, and the Netherlands.

President Biden Signs New Travel Ban Proclamation Amid Omicron Variant impacting South Africa, Botswana, Zimbabwe, Namibia, Lesotho, Eswatini, Mozambique, and Malawi

President Biden and his Chief Medical Adviser were briefed on the unfolding situation, and on Friday, November 26, 2021, President Biden signed Presidential Proclamation, “A Proclamation on Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019,” that restricts the entry of non- U.S. Citizens who were physically present within the Republic of South Africa, Republic of Botswana, Zimbabwe, Republic of Namibia, Kingdom of Lesotho, Kingdom of Eswatini, the Republic of Mozambique, and Republic of Malawi, during the 14-day period preceding their entry or attempted entry to the United States.

The new travel ban becomes effective at 12:01 a.m. eastern standard time on Monday, November 29, 2021, as part of a global effort to reduce the spread of the omicron variant to the United States. The Proclamation does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to 12:01 am eastern standard time on November 29th.

While no confirmed cases of the variant have yet been announced in the United States, the Chief Medical Adviser has explained that its eventual spread will be inevitable. The new travel ban indicates that the Republic of South Africa informed the World Health Organization (WHO) of the new Omicron variant on November 24, 2021, and two days thereafter the WHO announced the new “Omicron” variant as a cause for concern that has been increasing in almost all provinces in the Republic of South Africa. Based on this information, and the lack of genomic sequencing throughout Southern Arica, the government has imposed the new travel restrictions from the named regions.

How long will the travel ban last?

At this time, we do not know how long the bans will remain in place, however it is very likely that they will remain until the Biden administration believes it is safe to rescind the travel bans. As has occurred with the previous COVID-19 geographic travel bans, it is highly likely that the new travel ban will remain in place until it is determined that current vaccinations approved by the U.S. Centers for Disease Control and Prevention are effective against the emerging Omicron variant. The Proclamation indicates that it will remain in effect until terminated by the President. Within 30 days, the Secretary of Health and Human Services must recommend whether the President should continue, modify, or terminate the Proclamation.

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Happy Thanksgiving from Sapochnick Law!

This Thanksgiving, we want to share our genuine appreciation for our clients, subscribers, and faithful readers of our blog. Without your trust and support, we would not be where we are today. We’re so thankful for all of your support throughout the year. 

Today, we take time to reflect upon how grateful we are to have amazing clients from all over the world and from all walks of life. Our firm is also reminded of all the wonderful blessings and hard work that goes into making it possible to achieve the dreams of our clients. We’re thankful for our wonderful staff each and every day. We’re also exceptionally thankful to our social media community. You’ve stuck by us and trusted us to bring you the latest in immigration news, through the good times, and the tough times, we will always be here to serve you. You inspire us and challenge us! You are a constant reminder of why we do what we do, and we’re grateful to be able to serve you.

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Welcome back to Visalawyerblog! In this blog post, we will cover the release of the December Visa Bulletin 2021 and what you can expect for employment based and family preference categories during the month of December 2021.

The Department of State releases the visa bulletin on a monthly basis, which summarizes the availability of immigrant visa numbers for that particular month. The “Final Action Dates” and “Dates for Filing Applications,” charts indicate when immigrant visa applicants should be notified to assemble and submit the required documentation to the National Visa Center.

Adjustment of Status Filings for those lawfully residing in the United States

In general, if USCIS determines there are more immigrant visas available for a fiscal year than there are known applicants for such visas, the agency will provide instructions on the www.uscis.gov/visabulletininfo webpage that applicants may use the Dates for Filing chart. Otherwise, USCIS will indicate that applicants must use the Final Action Dates chart to determine when they may file their adjustment of status application with USCIS. If a particular immigrant visa category is “current” on the Final Action Dates chart or the cutoff date on the Final Action Dates chart is later than the date on the Dates for Filing chart, applicants in that immigrant visa category may file using the Final Action Dates chart during that month.

Adjustment of Status Filing Chart December 2021

Please note that USCIS has not yet released information on its webpage regarding the appropriate filing chart to be used for family-sponsored adjustment of status filings and employment-based adjustment of status preference filings for December 2021. We recommend that applicants monitor the USCIS webpage below on a regular basis for those updates.

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Welcome back to Visalawyerblog! In this blog post we share with you some recent news regarding a new class action lawsuit that has been filed by 49 plaintiffs against the Department of Homeland Security (DHS) and United States Citizenship and Immigration Services (USCIS), seeking relief from the extreme processing delays currently taking place for I-765 applications for employment authorization (EADs) filed by individuals seeking adjustment of status (AOS) in the United States, and for I-765 applications filed by E-2 dependent spouses with USCIS.

Currently, USCIS reports that I-765 work permit applications based on a pending I-485 adjustment of status application are taking between 20 to 21.5 months to process at the California Service Center; while it is taking 9 to 9.5 months to process work permit applications at the National Benefits Center; and 9.5 to 10.5 months to process such applications at the Nebraska Service Center.

The new legal challenge against the government has been mounted by the American Immigration Lawyers Association (AILA), Wolfsdorf Rosenthal LLP, Joseph and Hall PC, Kuck Baxter Immigration LLC, and Siskind Susser PC.

The lawsuit seeks to hold the government accountable once and for all for the exorbitant processing times taking place for work permit applications to be adjudicated, especially those at the California Service Center. Under the law, applicants for adjustment of status are afforded the option of applying for temporary employment authorization while their green card applications are pending with USCIS, through what is supposed to be an easy procedure that involves filing a simple I-765 application for employment authorization. In normal circumstances, such employment authorization applications took on average 7 to 9 months to be adjudicated. Since the onset of the pandemic however USCIS has not been able to adjudicate these applications within reasonable timeframes.

Processing times have gotten worse and worse to the point that applicants are receiving their green card interview appointments before even coming close to receiving an approved employment authorization document. This has resulted in applicants being unable to seek employment while waiting for their green card applications to process. This has caused great cause for concern for individuals who have a job offer lined up or who need to work to maintain their households. Further, the American economy is experiencing more and more labor shortages as they struggle to get individuals back to work. The situation at the USCIS level is making it even more difficult for American businesses to find qualified workers.

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A new House reconciliation bill adds new language that could open a path to permanent residency for highly skilled immigrants without waiting for their priority date to become current.

The new bill, known as H.R. 5376 “the Build Back Better Act,” is the latest initiative backed by the Biden administration to strengthen the middle class and enhance economic ingenuity.  Interestingly, the bill provides a framework that would improve and reform our immigration system with particular benefits for highly skilled immigrants.

If passed section 60003 of the reconciliation bill would exempt an alien (and the spouse and children of such alien) from the numerical limitations described in the employment-based immigration section of the Immigration and Nationality Act, and allow the alien and any follow-to-join dependents to adjust their status to permanent residence provided such alien submits or has submitted an application for adjustment of status and . . . is the beneficiary of an approved petition . . . that bears a priority date that is more than 2 years before the date the alien requests a waiver of the numerical limitations; and pays a supplemental fee of $5,000.” (Emphasis added.)

If passed these legislative measures would be extremely beneficial to highly skilled workers because it would allow employees in the visa backlogs to file for adjustment of status without waiting for a priority date to become available. Following this proposal, once a labor certification application would be approved by the Department of Labor, an employee could be eligible to file his or her I-485 adjustment of status application concurrently with his or her I-140 petition for alien worker and apply for temporary work authorization while the applications would remain pending with USCIS.

The House reconciliation bill would also allow family-based immigrants inside the United States to gain permanent residence outside the numerical limits if their priority date is “more than 2 years before” and the individual pays a $2,500 supplement fee. EB-5 category (immigrant investor) applicants would need to pony up a $50,000 supplement fee. The provisions to pay a supplemental fee to receive a green card outside the numerical limits would expire on September 30, 2031.

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Welcome back to Visalawyerblog! In this blog post we share with you an overview of the State Department’s November 2021 Q&A answer session with Charlie Oppenheim, Chief of the Immigrant Visa Control and Reporting Division of the U.S. Department of State, also known as “Chats with Charlie,” broadcasted every month on the State Department’s YouTube channel.

This new series features a monthly Question-and-Answer session with Mr. Charles Oppenheim and a Consular officer, where they answer many of the public’s frequently asked questions and provide a monthly analysis of each month’s Visa Bulletin. This discussion will provide details regarding what to expect in terms of the movement or retrogression of both family and employment-based preference categories on each month’s Visa Bulletin. It is with sad news that we announce that Mr. Charlie Oppenheim will soon be retiring from his position after 43 years as Chief of the Immigrant Visa Control division at the State Department. You will be greatly missed Charlie!

Be sure to subscribe to the State Department’s YouTube Channel and turn on your notifications so you do not miss any of these important updates.

Below are the highlights of the visa projections for November 2021.

DOS Q&A Session with Charlie Oppenheim: November 2021 Visa Bulletin Projections & Beyond

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