Articles Posted in Green Card Interview

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H-1B Update: Return of Unselected Petitions

USCIS has now completed data entry for all fiscal year 2019 H-1B cap-subject petitions that were selected in this year’s H-1B visa lottery. USCIS will begin the lengthy process of returning thousands of H-1B cap-petitions that were not selected in the lottery. Although USCIS has not provided a time frame on when they will begin returning unselected petitions, in previous years, our office began receiving unselected petitions in mid-June. All unselected petitions will include an official hard copy rejection notice from USCIS.

Updated Policy Guidance regarding Adjustment of Status interviews.

USCIS has revised its policy for adjustment of status interviews. All adjustment of status applicants must be interviewed by an officer unless USCIS determines that the interview is unnecessary. The decision to waive the adjustment of status interview is determined on a case-by-case basis.

In the following circumstances the adjustment of status interview may be waived:

  1. General Waiver Categories

“USCIS officers may determine, on a case-by case-basis, that it is unnecessary to interview certain adjustment of status applicants. The following list includes, but is not limited to, categories of cases where officers may decide to waive an interview: 

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On Friday, March 30, 2018, the Department of State published a 60 day notice in the Federal Register entitled “Notice of Proposed Information Collection: Application for Immigrant Visa and Alien Registration,” proposing to require immigrant visa applicants to submit five years of social media history as part of the information requested on the DS-260 Immigrant Visa Electronic Application used by applicants to schedule Immigrant Visa interviews at U.S. Embassies and Consulates worldwide. The DS-260 is an Electronic Form that is completed by immigrant visa applicants and used by consular officials to determine whether the applicant is eligible for an immigrant visa.

Specifically, the Department wishes to, “add several additional questions for immigrant visa applicants. One question lists multiple social media platforms and requires the applicant to provide any identifies used by applicants for those platforms during the five years preceding the date of the application.”

Information provided by immigrant visa applications relating to their social media will be used to enhance “vetting” of applicants to verify their identity, ensure that they meet all visa eligibility requirements, and to prevent individuals from entering the country who pose a threat to the county’s national security, or have been associated with a terrorist organization.

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Beginning April 1st New Delhi Will No Longer Process IR1/CR1 or IR2/CR2 visas

The U.S. Department of State announced via their website that the U.S. Embassy in New Delhi will no longer process IR1/CR1 visas for spouse of US Citizens or IR2/CR2 visas for unmarried minor children of US Citizens beginning April 1, 2018. Foreign nationals who are in the process of obtaining an IR1/CR1 visa or IR2/CR2 visa with an interview that has been scheduled on or after April 1, 2018, will have their interview at the U.S. Consulate General in Mumbai. We recommend that petitioners be on guard for any letters from the National Visa Center specifying the location of the intending immigrant’s interview, as well as details about how to prepare for the interview stage.

President’s DACA Deadline Passes

personal-3108155_1280It did not take long for President Trump to capitalize on the terrorist attack which took place several days ago in New York City, to attack the Diversity Visa Program and the process by which US Citizens, and in some cases green card holders, can petition for extended family members to immigrate to the United States.

Following the terrorist attack in New York City, which claimed the lives of 8 Americans, the President fired off a series of tweets calling on Congress to terminate the Diversity Visa Program, claiming that the perpetrator of the attack, Sayfullo Saipov, had gained admission to the United States seven years ago through the diversity immigrant visa program, a congressionally mandated program made possible by section 203(c) of the Immigration and Nationality Act (INA). According to CNN, the Department of Homeland Security has said that Saipov came to the United States in 2010 on a diversity visa. Department of Homeland Security archives confirm that Uzbekistan was a country participating in the Diversity Visa program as early as 2007, and continues to participate in the Diversity Visa Program.

The Diversity Immigrant Visa Program

The Diversity Immigrant Visa program is a program enacted by Congress, which allocates up to 50,000 immigrant visas per fiscal year to a special class of immigrants known as “diversity immigrants.” Each fiscal year diversity applicants register for the visa program electronically at no cost. Applicant entries are selected at random through a computerized “lottery” system to allocate the 50,000 available immigrant visas for the Diversity Immigrant Visa Program. Only diversity immigrants who are natives of countries with historically low rates of immigration to the United States qualify for the Diversity Immigrant Visa program. In other words, to qualify for a diversity visa, essentially a green card, you must be a native of a country participating in the diversity visa program. Countries with historically high rates of immigration to the United States DO NOT qualify.

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In 2013, as a Polish citizen who worked in Ireland, I started very seriously considering going to the United States to become a student and receive education to excel at my job. Little did I know how difficult it could actually be to cross the doorstep of the US embassy and go through the interview process. My heart broke when I experienced denial. I remember walking out of the building crying and then running through the rain towards the bus station. It felt like some horrific movie scene. 

I wanted to give up and never try again. I went back to work and tried my hardest not to think about it. Within a few days, however, my friend and I, found Jacob Sapochnick’s website. I looked up reviews instantly, and I became very excited about the idea of talking to him and his team about my situation. 

My consultation was over the phone, but Jacob did a marvelous job outlining details, and, in fact, his prognosis was very positive. I couldn’t believe that I could still be able to fulfill my dreams and, perhaps, reapply. In 2014, while I was visiting the US on a tourist visa, I met with Jacob and his team in person and decided to file a change of status application. I didn’t think twice, and we gave it a go. Everyone did an incredible job filling out all the necessary paperwork. Whenever I was worried or felt down, I could call them and get a prompt calming answer. I still remember talking to Inese, one of Jacob’s employees, and hearing how positive she was about the outcome of my case.  

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On December 28, 2016, the Department of State announced that original or “wet ink” signatures are no longer required on Form I-864 Affidavit of Support for immigrant visa petitions. This new measure also applies to I-864 supplements such as the I-864A, I-864W, and I-864EZ. Beginning January 1, 2017 the National Visa Center will begin to accept photocopies and scans of signed I-864 affidavit of support forms. The I-864 will still need to contain the affiant’s signature, however the signature no longer needs to be a “wet ink” signature. Typed names and electronic signatures are not acceptable. Petitioners will be required to submit an amended I-864 form to the National Visa Center if the sponsor’s name and personal information is missing and there is no signature or missing pages. Petitioners who will need to send an amended I-864 will receive a “checklist” containing the information that must be corrected on form I-864. If you receive a checklist letter prior to January 1, 2017 asking for an original signature on form I-864 please contact the National Visa Center.

Such requests will contain the following language:

[ x ] In Part 8. Sponsor’s Contract, please correct the following…

[ x ] Item 6.a. You must sign the form and your signature must be original (in ink).

These improvements will simplify the immigrant visa “consular processing” by streamlining the submission of financial evidence in support of an immigrant visa application. The Department of State hopes that this new measure will reduce the amount of immigrant visas rejected at the interview stage. The NVC will continue to use an assessment type of letter to address other inconsistencies and errors found on the I-864 form. This assessment letter indicates which issues if any appear on the affidavit of support which could potentially delay the adjudication of the immigrant visa petition. Typically, this letter will indicate either that the sponsor has completed the form incorrectly or did not provide sufficient financial documentation in support of the affidavit of support. For example, if the petitioner does not meet the income requirement based on their household size, the assessment letter will indicate that more evidence is needed to establish that the income has been met, or a joint sponsor will be required. The assessment letter asks the petitioner to correct the issues before the immigrant is scheduled for their immigrant visa interview at a U.S. Consulate or Embassy abroad. If NVC sends an assessment letter, follow the instructions on the letter. Typically, the immigrant is instructed to bring a corrected affidavit of support to the interview with the suggested documents.

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Image Courtesy of Scotland Shop

In this informational post we discuss the I-130 Consular Process for spouses. Consular processing refers to the process by which a U.S. Citizen immigrates their foreign spouse to the United States from abroad. Depending on the foreign spouse’s country of residence, and the volume of applications processed by USCIS, the National Visa Center, and the U.S. Consulate or Embassy where the foreign spouse will have their immigrant visa interview, the process to immigrate a spouse to the United States can take anywhere from 8 to 12 months. Consular processing is a complicated process. It is recommended that applicants obtain the assistance of an experienced attorney to file this type of application.

What is the first step involved in the process?

The first step involves filing the I-130 Petition for Alien Relative. This petition establishes that a relationship exists between the U.S. Citizen and intending immigrant. This petition thus is used for family-based immigration to the United States. A separate I-130 must be filed for each eligible relative that will immigrate to the United States including minor children of the foreign spouse. The filing and approval of the I-130 is the first step to immigrate a relative to the United States. Because this petition is filed by the U.S. Citizen petitioner, the foreign spouse does not need to wait until a visa number becomes available before applying for an immigrant visa at a U.S. Consulate/Embassy abroad. By contrast, if the petitioner is not a U.S. Citizen and is instead a Lawful Permanent Resident, an immigrant visa is not immediately available to the foreign spouse. Due to this, the foreign spouse must wait until their priority date becomes current according to the visa bulletin issued by the Department of State. The I-130 is accompanied by various supporting documents mostly biographical in nature. These documents include the signed forms, the filing fees, passport photographs of the petitioner and beneficiary, the petitioner’s proof of citizenship, a copy of the beneficiary’s passport ID page, copy of their birth certificate with a certified translation, and a copy of the marriage certificate. Once these documents have been compiled, the applicant mails them to USCIS for approval. USCIS takes approximately 4 months to process and approve this application. This time frame will depend on the volume of applications being processed by USCIS at the time of filing.

The National Visa Center Stage

Once the I-130 petition has been approved, USCIS will mail the petitioner a receipt notice known as the I-797 Notice of Action. This Notice of Action serves as proof that the I-130 petition has been approved, and more importantly indicates that the petition will be forwarded to the Department of State’s National Visa Center within 30 days. The National Visa Center is a government agency that conducts pre-processing of all immigrant visa petitions that require consular action. The National Visa Center requires the applicant to send various documents, before the application can be sent to the United States Consular unit where the foreign spouse will attend their immigrant visa interview. The NVC determines which consular post will be most appropriate according to the foreign spouse’s place of residence abroad, as indicated on the I-130 petition. Once the NVC has received all documents necessary to complete pre-processing of the immigrant application, the case is mailed to the consular unit abroad. From the date the I-130 has been approved, it takes approximately 30-45 days for the National Visa Center to receive the application from USCIS and begin pre-processing.

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In this segment, we answer 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 to schedule a free first time consultation. We serve international clients and domestic clients in all 50 states. We thank you for your continued trust in our law office. Do you want us to answer your question? Please submit your questions to us through our website, or our Facebook page. For more information on the services we offer please click here.

The Affidavit of Support: Using Assets to Supplement Income

Q: I will be petitioning my spouse for permanent residence soon and have a question about the affidavit of support. If I do not have the support of a joint sponsor and my income does not meet 125% of the federal poverty line, can I use my assets?

A: Yes, you may use your assets to supplement your income if your total income does not meet the income requirements of the 2016 HHS poverty guidelines according to your household size, as specified by the charts below. If your total income falls short, you may submit evidence to demonstrate the value of your assets, or the sponsored immigrant’s assets, and/or the assets of a household member with their consent. Not only can the assets of the petitioner, immigrant, or household member be used to supplement any deficient income, but the assets of these persons can be combined to meet the necessary financial requirement. In order to use assets, the total value of the assets must equal at least five times the difference between your total household income amount and the current Federal Poverty Guidelines for your household size. An exception exists for U.S. citizens sponsoring a spouse or minor child. In this case, the total value of the assets must only be equal to at least three times the difference. Not all assets may be used to supplement income. Assets that can be converted to cash within one year without hardship or financial harm may only be used to supplement income. The owner of the asset must provide a detailed description of the asset (if the asset is property, an appraisal can be included or online listing from a reputable website showing the estimated value of the asset), proof of ownership of the asset (title, deed, etc.), and the basis for the owner’s claim of its net cash value. If you are using your home as an asset, you must use the net value of your home (the appraised value minus the sum of all loans secured by a mortgage, trust deed, or other lien on the home). You may use the net value of an automobile only if you can show that you own more than one automobile, and at least one automobile is not included as an asset. Other examples of typical assets used to supplement income include property, 401k, IRA, mutual investment fund, etc.

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Our clients often ask us what the difference is between adjusting their status within the United States versus applying for a green card at a United States consulate abroad. In order to adjust your status to permanent resident within the United States by filing Form I-485, you and your spouse must be living inside of the United States at the time of filing. The intending immigrant must also have entered the United States legally in order to adjust status within the United States, although there are few exceptions (as is the case of individuals who qualify for 245i). This means that generally, in order to qualify for adjustment of status, you must have been inspected by a U.S. Customs official at a United States port of entry. As part of the Adjustment of status process, the green card applicant must be able to prove that they were inspected upon entry by showing their I-94 arrival/departure record. The I-94 is a small white paper that is placed in the passport containing a stamp of admission with the date of entry, place of entry, the person’s name, I-94 number, and other important details.

I-94A

Sample I-94 arrival/departure record

If you did not receive a paper I-94 in your passport, you may obtain your I-94 electronically by visiting the DHS website.

Consular processing on the other hand is an option that is typically utilized for spouses of US Citizens residing abroad and/or foreign spouses who have never visited the United States, do not have a United States visa, or cannot obtain one, because they are already married to a US Citizen. Foreign spouses who are obligated to travel frequently such as businesspersons may also prefer to obtain an immigrant visa through ‘consular processing’ because this process does not prohibit international travel. Adjustment of status applicants on the other hand are prohibited from traveling internationally once the I-485 green card application has been filed, unless they have received travel permission from USCIS known as an advance parole document. If the applicant travels without this advance parole document, the I-485 application will be considered abandoned.

Advance Parole for Adjustment of Status Applicants

In order to receive this advance parole document, the applicant must file Form, I-131 Application for Travel Document at the same time as Form, I-485 in order to return to the United States after temporary foreign travel. If the applicant wishes to apply for a work permit they must also file Form, I-765 Application for Employment Authorization. There is no additional fee for the I-131,765 applications if the applicant has a pending I-485 application with USCIS. The I-131,765 applications take approximately 90 days to process from date of filing and culminate in a travel/work permit combo card known as the EAD (Employment Authorization Document). This document allows the applicant to work, travel, obtain a SSN number, and driver’s license. Consular Processing applicants do not receive any travel or employment authorization and cannot obtain a driver’s license or SSN until they have received their green card once they enter the United States with an immigrant visa.

Adjustment of Status Benefits

There are many benefits that come with adjusting your status within the United States however to qualify you and your spouse must be living in the United States and you must have been inspected upon entry to the United States (with few exceptions), otherwise you are not eligible to apply for adjustment of status within the United States. If you have committed any immigration violations or have a serious criminal history, you must consult an attorney.

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In a recent blog post, we told you all about the I-751 Removal of Conditions Application. In this segment we will briefly cover the basics of the I-751 Removal of Conditions Application and what you can expect one you have filed the application with USCIS.

Overview: 

The I-751 Removal of Conditions Application is filed by conditional permanent residents who gained their ‘conditional’ permanent resident status, based on their marriage to a United States Citizen or Legal Permanent Resident. An easy way to know whether you have been given a conditional green card is by checking the abbreviations that appear on your green card under immigrant ‘category.’ If your green card contains the abbreviation ‘CR’ under the immigrant category, then you are a conditional permanent resident. Additionally, if your green card was granted for only a 2 year period, then you have received a conditional green card.

Who must file the Removal of Conditions Application?

It is important to understand who must file the Removal of Conditions Application. If you are still married to the same person through which you gained your ‘conditional’ permanent residence (2- year green card), and you wish to obtain a 10-year permanent green card, you must file an I-751 application for removal of conditions jointly with your spouse. If you have divorced your spouse, you may still apply for removal of conditions on your own, however you must provide substantial proof of bona fide marriage. Applications that are filed by the ‘conditional’ permanent resident alone, are called I-751 waiver applications. Regardless of whether you will be filing the I-751 application with your spouse, or filing the I-751 waiver application alone, applicants must be prepared to demonstrate that they entered their marriage in ‘good faith’ and not for the purposes of evading the immigration laws of the United States. In other words, the additional process to remove the conditions on your permanent residence, is a fraud prevention mechanism to safeguard against sham marriages.

The removal of conditions application must be filed only by those individuals who were given a two-year conditional green card by USCIS. USCIS issues 2-year conditional green cards to foreign spouses (and LPRs) who have been married to a U.S. Citizen for less than to two years, on the date that the green card application is approved. Foreign spouses who have been married to their U.S. Citizen spouse for more than two years, on the date the green card application is approved, receive permanent 10-year green cards, and do not need to apply for removal of conditions.

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