Visa Lawyer Blog

Articles Posted in Family Visas

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katie

It is our pleasure to introduce our readers to our esteemed Paralegal and Case Manager Katie Foley who has worked at the Law Offices of Jacob J. Sapochnick since 2010. Ms. Foley, originally from Santa Cruz, California holds a Bachelor’s Degree in Liberal Studies from Cal State East Bay and her paralegal certificate from San Diego Miramar College. Throughout her career, Katie Foley has assisted our attorneys with various different types of immigration petitions including family-based petitions, employment based petitions (H-1B, E-2 etc.), deferred action, marriage visas, I-751 petitions, fiancé visas, consular processing, naturalization, temporary visas (B-1/B-2, J-1, F-1 etc), deportation and removal cases.  She has successfully processed hundreds of applications and in the process has formed long standing relationships with our clients. In her role as case manager, she assists our legal assistants with their case loads and provides direction as needed. Ms. Foley is an outstanding member of our firm for her impressive attention to detail, her understanding of the law, and the extensive guidance she provides our clients to ensure every case has a successful outcome. She provides all of our client’s strong personal support and comprehensive step-by-step instructions for each immigration process. If you are an international or out of state client, not to worry, Ms. Foley has perfected an easy online case processing system to assist clients with their immigration concerns no matter where they reside. In her free time, she enjoys lap swimming, barbecues, and gardening. To read more about Ms. Foley please click here.

For immigration questions please call our office. Your Immigration is our Passion.

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The December visa bulletin was recently released by the DOS on November 9, 2015. For the month of December CIS has announced that family based applicants must use the ‘date of filing’ chart to determine when their adjustment of status applications may be filed. This means that for family based preference categories, there are presently immigrant visas available and demand has not yet been met for the fiscal year. Employment based applicants must refer to the ‘final action date’ chart as a basis for applying for adjustment of status. This means that presently there is more demand than immigrant visas available for employment based categories. For the month of December, filing dates have remained unchanged. The impact of the dual chart system will not be felt until CIS requests visa numbers from the DOS in April 2016 for adjustment of status filings based on the October Visa Bulletin. In this post we will discuss new announcements that have appeared on the December visa bulletin and projections for EB-2 India, EB-2 and EB-3 China, F-2A, and F-2B. These projections are based on guidance provided by the Chief of the Visa Control and Reporting Division, Charles Oppenheim. While they do not guarantee actual immigrant visa availability, these projections are helpful reference points.

Replacement of Foreign Affairs Manual (FAM) and New Visa Waiting List

The December visa bulletin has announced that the Foreign Affairs Manual (FAM) used internally by the Department of States will be replaced with 9 FAM-e beginning November 18, 2015. Public release of the new FAM has not yet been announced.

Additionally, a ‘Visa Waiting List’ will be released beginning with the January Visa Bulletin which will provide applicants information on the National Visa Center waiting list starting November 1, 2015.

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In this blog we are answering 5 of your most frequently asked questions received on our social media platforms and our website. Please remember that every case is different and every immigration journey is unique. You should not compare your situation to anyone else’s. We hope that our answers will provide you with further guidance while you embark on your immigration journey. If you have any further questions, please call our office for a free legal consultation. We serve international clients and domestic clients in all 50 states. We thank you for your continued trust in our law office.

Qualifying for 245i and Adjustment of Status

Q: My ex-husband filed an adjustment of status application on my behalf based on 245i. We separated before we received our initial interview appointment and later divorced. I have since remarried. Can my husband apply for my permanent residence now that we are married?

A: Thank you for your question. Certain individuals who have a qualifying relative willing to file an immigrant visa petition on their behalf, are eligible to adjust their status under 245i Immigration and Nationality Act if they entered the country without inspection (unlawfully) and were the beneficiary of a visa petition or application for labor certification filed on specific dates outline below. Before proceeding with a new green card application, you should make sure you qualify for 245i and have all of the necessary documents to prove your eligibility. 245i applicants must provide documented evidence of their physical presence in the United States and evidence that the visa petition or application for labor certification was filed on their behalf by providing the receipt notice of the petition also known as the I-797 Notice of Action.

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Secretary of Homeland Security Jeh Johnson

On October 28, 2015 sixteen Democrats from the House of Representatives including —Zoe Lofgren, Michael M. Honda, Judy Chu, Katherine M. Clark, Elijah E. Cummings, Anna G. Eshoo, Tulsi Gabbard, Luis V. Gutierrez, James A. Himes, Ruben Hinojosa, Eddie B. Johnson, James P. McGovern, Frank Pallone Jr., Jared Polis, David E. Price, and Alma S. Adams — issued a letter addressed to the Secretary of Homeland Security, Jeh Johnson concerning drastic revisions made to the Visa Bulletin on September 25, 2015.

In the letter, House Democrats argue that the revisions to the Visa Bulletin have compromised the integrity of the immigrant visa process, and resulted in a lose of faith in our immigration system. More over they argue that these revisions have adversely impacted the lives of thousands of immigrants, the American businesses who employ highly skilled workers, and our economy which benefits from retaining highly skilled workers.

As previously reported, the Department of State had published a dual chart system on September 9, 2015 with the addition of a new ‘date of filing chart’ which first appeared on the October Visa Bulletin. This new ‘date of filing’ chart was implemented in an effort to modernize and streamline the immigration process, as part of President Obama’s executive actions on immigration reform.

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lupe

It is our pleasure to introduce our incredibly skilled operations manager and immigration consultant, Lupe Lopez. If you have called or stopped by our San Diego office for a consultation, chances are you have already met with her to discuss your needs. Throughout her immigration career, Ms. Lopez has assisted thousands of clients with their immigration concerns. There is no situation or immigration story she hasn’t heard and no shortage of extraordinarily challenging cases she has assisted with. Her compassion and empathy working with clients who have faced family separation and other adversities is unmatched.

Ms. Lopez holds over 12 years of experience in the field of immigration legal services. Her expertise includes filing waivers of inadmissibility, I-360 VAWA petitions, removal proceedings, nonimmigrant waivers, business, investment, and family immigration petitions. Ms. Lopez possesses a B.S. in Human Resource Management and a Certificate in Labor Relations. She is currently in the process of becoming Dale Carnegie certified. Aside from serving as an immigration consultant, Ms. Lopez is also our Operations Manager, ensuring that we deliver the highest level of customer service with proven results. She helps train, organize, and improve our operations systems which allow us to gain the customer trust, loyalty, and satisfaction. In her capacity as operations manager, she addresses both internal concerns and client concerns keeping our standards for excellence above our competitors.

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It is our pleasure to bring you the latest in immigration news including recent USCIS announcements, workload updates, tips, and important reminders to avoid delays in application processing or rejections. For more information please contact our office.

Comment Period for Proposed USCIS Form Revisions:

The Department of Homeland Security (DHS) and United States Citizenship and Immigration Services (USCIS) have proposed changes to the following USCIS forms. DHS and USCIS invite the general public, organizations, and federal agencies to submit comments on the proposed revisions by the deadlines outlined below:

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The Gillard Government made a commitment in 2010 to release all children from immigration detention by June 2011, but still 1000 children languish in the harsh environment of immigration camps around Australia. The Refugee Action Collective organised a protest on July 9, 2011 outside the Melbourne Immigration Transit accommodation which is used for the detention of unaccompanied minors.

In the federal register released on October 16, 2015 President Barack Obama announced refugee admission numbers to be allocated for fiscal year 2016, based upon Section 207 of the Immigration and Nationality Act and Congressional oversight.

According to the federal register, up to 85,000 refugees will be granted admission to the United States during fiscal year 2016 in the national interest and as a result of growing humanitarian concerns in Africa and the Near East/South Asia, regions where the majority of admission numbers have been allocated—a total of 59,000 altogether.The 85,000 cap will be distributed among specified regions that pose special humanitarian concerns to the United States. Africa is to be allocated 25,000 admissions; East Asia, 13,000; Europe and Central Asia, 4,000; Latin America/Caribbean, 3,000; Near East/South Asia, 34,000; and 6,000 refugee admissions will remain unallocated in order to address regions where future necessity may arise.

The 6,000 unallocated refugee admissions will be allocated according to ‘regional ceilings’ that will be imposed by Congressional Judiciary Committees as needed. In addition, unused refugee admissions in one region may be transferred to other regional areas of concern as needed.

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Last week, we reported to our readers that on September 25th the Department of State and USCIS re-issued the October Visa Bulletin and changed the date of filing chart drastically, rolling back the ‘Dates of Filing’ for heavily used visa categories, including employment based and family-sponsored petitions. The American Immigration Lawyers Association, along with policymakers, and immigration advocates, are urging Congress, the White House, USCIS, and Department of State to restore the initial dates of filing that were authorized and released on September 9th 2015 with the October Visa Bulletin.

If you would like to pressure the government to honor the initial dates of filing, released on September 9th, we invite you to sign the White House petition by clicking here. We must hold the government accountable for their actions by advocating for the restoration of the initial dates of filing. With the release of the October Visa Bulletin, the DOS introduced a dual chart system for the first time in history which included a new ‘date of filing’ chart. The new date of filing chart would have allowed thousands of foreign nationals to file their adjustment of status and employment authorization applications, before a visa became available to them. This action was made by the DOS in an effort to modernize and streamline our immigration system as part of President Obama’s Executive Actions on Immigration announced on November 20th of last year. Due to the recent drastic changes that have been made to the date of filing chart, we encourage you to become involved by signing the petition or writing to your local Congressman/Congresswoman. Thousands of foreign workers and family members of foreign nationals have been impacted by the recent changes, given that the majority of applicants who would have been eligible to file for their green card applications and employment authorization cards, will no longer be able to do so. They must continue to wait until their priority date becomes current on the date of filing chart.

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As some of you may have heard, on September 25th the US Department of State made some additional changes to the October 2015 Visa Bulletin. These changes include new and earlier date of filing cut-offs than those initially released on September 9th. The date of filing chart released on September 25th will replace the prior one released on September 9th. To view the complete changes please click here. These new changes have raised several concerns for our readers.

What caused the visa numbers to be re-issued after their release on September 9, 2015?

Though we cannot ascertain the exact reasons why these changes have come about, we can make the fair assumption that these changes were likely due to workload concerns and a lack of resources necessary to accommodate the large amount of adjustment of status applications expected to be filed beginning October 1st. The anticipated workload may have given the Department of State no choice but to retrogress the visa numbers in heavily used categories.

Is the Department of State reneging on their promise to modernize and streamline the immigration process as part of Obama’s executive actions on immigration?

While it is disappointing that the visa numbers on the ‘date of filing’ chart have retrogressed, a departure from the promised executive actions does not seem to be the case. The visa numbers have been adjusted in an effort to streamline the immigration process in a way that is viable, practical, and effective. Dates of filing have been adjusted for family-sponsored and employment-based preferences to create a practical timeline that provide CIS the sufficient time needed to process the large volume of anticipated adjustment of status applications.

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It is our pleasure to introduce our readers to our senior case manager, Inese Grate, one of the original members of the Law Offices of Jacob J. Sapochnick. Ms. Grate joined our firm when there were merely 2 employees working at the office. In addition to studying law in Latvia, Ms. Grate received her Master’s in Law in International Business Transactions from Temple University Beasley School of Law and attended the International Law Institute at Georgetown University School of Law.

Ms. Grate specializes in business and family immigration, corporate, international trade, and international transactions. Ms. Grate provides consultation on strategic investment in the United States for international clients and corporations to identify potential opportunities, create jobs, and develop successful businesses. Throughout her professional career, she has taken several international and U.S. startup companies from an ideation phase through to establishment and registration. Ms. Grate is unique in that she thinks outside of the box and is able to utilize her professional network of financial advisors, real estate brokers, investors and industry experts to assist our clients based on their unique needs. Throughout her career, Ms. Grate has helped numerous corporations and individuals in the United States as well as several European countries in various immigration/business related issues. Ms. Grate evaluates business plans and works on all related immigration issues including visas, licenses, and permits. She has helped in numerous cases in this area for the past few years.

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