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We are happy to report that the Department of State has released an important announcement that describes the agency’s compliance with the recent court ruling, Gomez v. Trump, which orders the government to make good-faith efforts to expeditiously schedule, process, and adjudicate DV-2020 diversity visa applications by September 30, 2020, despite issuance of Proclamation 10014.

In accordance with the court’s ruling, DV-2020 applications are being processed at embassies and consulates as local health conditions and resources will allow during this pandemic.

To proceed with visa processing, applicants must be documentarily qualified (meaning the applicant has obtained all documents specified by consular officials sufficient to meet the formal visa application requirements), have paid all requisite application fees, have the ability to obtain the required medical examination conducted by a panel physician, and demonstrate eligible for a visa prior to issuance.

If a post is unable to process cases due to local health conditions and resource constraints, an applicant may request a transfer to another post

The Department expects that, due to resource constraints, limitations due to the COVID-19 pandemic, and country conditions, it will be unable to accommodate all DV applicants before September 30, 2020.

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Welcome back to Visalawyerblog! In this blog post, we celebrate a client’s recent success story and share with you how our office was able to expedite our client’s fiancé visa to help him reunite with his U.S. Citizen fiancé despite being subject to Presidential Proclamation 9993 also known as the “Schengen” visa ban.

We recognize that these are truly challenging times in the world of immigration and would like our readers to know that they are not alone. For many, there are alternatives and solutions that can be explored by our knowledgeable immigration attorneys to help them reunite with their family members. From our staff members to our attorneys, we are with you every step of the way on your immigration journey.

For a comprehensive consultation to discuss solutions to your immigration issues, you may contact us at 619-569-1768.

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We are very happy to announce a recent federal court ruling that grants DV-2020 diversity visa lottery winners the ability to apply for and obtain their immigrant visas.

Following the issuance of Presidential Proclamation 10014 on April 22, 2020 (which suspended the entry of all immigrants into the United States for a period of two months, except for limited classes of individuals) our office received an outpouring of emails, messages, and phone calls from readers asking whether DV-2020 lottery winners qualified for an exception, allowing them to apply for and obtain a DV immigrant visa before the September 30, 2020 deadline.

Unfortunately, we did not have any good news. The April 20th proclamation meant that DV-2020 lottery winners would have to wait for the ban to be lifted in order to apply for their visas. Then two months later, the President issued Proclamation 10052, further extending the visa ban until December 31, 2020. Rightfully so, this action caused anger among lottery winners, because it meant that DV-2020 lottery winners would not be able to apply for their visas by the deadline, and would lose out on the opportunity to receive an immigrant visa. For many this was a devastating realization.

In response, hundreds of DV-2020 lottery winners banded together and filed the lawsuit Gomez, et al. v. Trump, et al. against the government seeking an injunction to prevent the government from enforcing the Proclamations against DV lottery winners.

On September 4, 2020, their demands were answered. Federal Judge Mehta has issued a set of orders granting DV-2020 lottery winners a preliminary injunction which stops the government from applying the Proclamations against them. Unfortunately, however the judge’s order only grants relief to DV-2020 lottery winners and does not grant relief to non-DV immigrant visa applicants. We would like to remind our readers that the Judge’s orders are temporary and have been issued to prevent further injury to DV-2020 lottery winners, while the lawsuit comes to a final resolution through the court system.

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Congress is moving quickly to avert the financial crisis currently plaguing the United States Citizenship and Immigration Services (USCIS). On Saturday August 22nd the House of Representatives unanimously passed a bill aiming to provide much needed emergency funding to help USCIS meet its operational needs.

Earlier this year, USCIS made clear that without additional funding the agency would need to furlough two-thirds of its workforce by the end of August, even after announcing an increase in fees set to go into effect on October 2nd. The agency has been struggling to stay afloat in the wake of the Coronavirus.

While the bill still needs to pass the Senate and be signed into law by the President, this is very promising news and a step in the right direction for applicants waiting in line for their applications to be processed on a timely basis.

Should the bill be successful it will stop the agency’s planned furloughs and inject much needed capital to help USCIS deal with the significant backlogs across the board. The Senate is expected to return to chambers in September and will likely take up the issue as soon as possible.

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We have great news for our readers regarding a recent court’s decision to temporarily halt the “public charge” rule during the Coronavirus pandemic. On Wednesday, July 29, a federal judge in the state of New York issued a ruling that blocks the government’s enforcement of the “public charge” rule on non-citizens seeking permanent residency in the United States, and nonimmigrant visa applicants alike, for as long as the coronavirus pandemic remains a public health emergency. The ruling was made in response to a federal lawsuit filed by several states against the government entitled, U.S. District Court for the Southern District of New York (SDNY) in State of New York, et al. v. DHS, et al. and Make the Road NY et al. v. Cuccinelli, et al.


What does this mean for visa and adjustment of status applicants?

Federal Judge George Daniels has approved a nationwide injunction, immediately stopping the government from “enforcing, applying, implementing, or treating,” as effective the “public charge” rule for any period during which there is a declared national health emergency in response to the COVID-19 outbreak.

This means that effective June 29th both consular officers and USCIS immigration officials cannot enforce any part of the “public charge” rule for as long as the injunction remains and place, and a national public health emergency exists.


Why did the judge make this ruling?

The judge agreed with the states of New York, Connecticut, and Vermont that the “public charge” rule would cause irreparable harm on non-citizens seeking entry to the United States because the rule discourages such individuals from obtaining the necessary treatment and care needed during the Coronavirus pandemic. The judge considered the “substantial harm” the public would suffer if the government continued to enforce the “public charge” rule and found that the temporarily injunction was necessary to allow non-citizens to obtain much needed public benefits for preservation of the public’s health and safety.

In defense of his opinion, the judge stated, “no person should hesitate to seek medical care, nor should they endure punishment or penalty if they seek temporary financial aid as a result of the pandemic’s impact.”

The judge further stated in his ruling that the continued application of the “public charge” rule during the global pandemic, “would only contribute to the spread of COVID-19 in our communities.”

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Great news! The Department of State has released the visa bulletin for August 2020 outlining the availability of immigrant visa numbers for the upcoming month.

NOTE: Adjustment of Status Filing Charts August 2020

For Family-Sponsored Filings:
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 may file using the Final Action Dates chart for August 2020.

For all the other family-sponsored preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for August 2020.

For Employment-Based Preference Filings:
For all employment-based preference categories, you must use the Final Action Dates chart in the Department of State Visa Bulletin for August 2020.

August Visa Bulletin Cutoff Dates


Employment Based Categories

According to the Department of State’s August Visa Bulletin, the following cutoff dates will apply for the issuance of an immigrant visa for employment-based categories:

  • EB-1: All countries remain current during the month of August except for China and India. EB-1 China will advance by almost six months to February 8, 2018, while EB-1 India will advance by nine months to February 8, 2018.
  • EB-2: All countries except EB-2 China and India remain current. EB-2 China will advance by more than two months to January 15, 2016, and EB-2 India will remain at July 8, 2009.
  • EB-3 Professional and Skilled Workers: All countries except EB-3 India and China will advance by almost a full year to April 1, 2019. Cutoff dates for EB-3 China will advance by almost 8 months to February 15, 2017, and for India by four months to October 1, 2009.
  • EB-5: EB-5 India will remain current, joining all other countries except for EB-5 China and Vietnam.  China’s cutoff date will advance by two weeks to August 8, 2015, while Vietnam’s cutoff date will advance by more than two months to July 22, 2017

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Welcome back to Visalawyerblog! In this post we bring you the latest immigration updates.


Naturalization Ceremonies

Great news for naturalization applicants waiting for an oath ceremony. On July 1, 2020, USCIS issued an announcement notifying the public that it anticipates that it will complete nearly all postponed administrative naturalization ceremonies by the end of July of 2020.

USCIS has been prioritizing the scheduling of oath ceremonies for all naturalization applicants who were approved following their interviews. As we previously reported, USCIS is also exploring options to bypass the formal oath ceremony process in the future, and administer the oath immediately following a successful naturalization applicant’s interview. This will help move cases along quickly during the pandemic and limit further exposure.

USCIS remains committed to being as flexible as possible to welcome new citizens to the United States as fast as possible. We are glad that in the very least, naturalization applicants are being accommodated by the agency during this difficult time.

If you have not yet received your naturalization oath ceremony notice, you should be receiving one very soon. As always, we recommend calling USCIS to expedite the process.


Calls to Extend TPS for Yemen and Somalia due to COVID-19

Dozens of organizations are calling on the government to extend Temporary Protected Status (TPS) for at least 180 days to all current Yemen and Somalia TPS holders due to the COVID-19 pandemic. A letter was issued in early April by interested organizations urging USCIS and DHS to automatically extend work authorization and TPS for all current Yemen and Somalia TPS holders, or at the very least extend the re-registration period for TPS holders from Somalia and Yemen for a total of 180 days.

The letter emphasizes the importance of granting relief for Yemeni and Somalia TPS holders stating, “While states across the country are rightfully taking precautions to prevent the spread of COVID-19, these measures and the subsequent loss of income and freedom of movement establish insurmountable barriers for TPS holders to renew their status before the rapidly approaching re-registration deadline. TPS holders should not have to choose between missing a deadline and violating health directives that keep themselves, their families, and their communities safe.”

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Interviews at the San Diego Field Office

We have great news for our local readers. The USCIS San Diego Field Office is scheduled to resume interviews on July 6, 2020, with priority given to adjustment of status applications filed by doctors and front-line workers fighting to mitigate the effects of Covid-19. Under certain circumstances, USCIS will exercise its discretion to waive adjustment of status interviews on a case-by-case basis.


What will be the approach for rescheduling?

The USCIS San Diego Field Office will begin rescheduling all other interviews on a “first-in, first-out,” basis based on receipt date of filing. This will occur as soon as possible.


When will biometrics offices reopen to the public?

Application Support Centers in San Marcos in Chula Vista are scheduled to reopen to the public on July 27, we ask our readers to please be patient while they wait to be rescheduled. Those with cancelled biometrics will be automatically rescheduled and will receive a notice in the mail with a new biometrics appointment.


What about Parole in Place cases?

Parole in place applications continue to be adjudicated, however applicants should expect delays.


What about citizenship applications?

USCIS will continue to prioritize the scheduling of oath ceremonies for naturalization applicants. Those who did not appear at a scheduled oath ceremony will receive a letter by mail. As we previously reported, oath ceremonies in San Diego are being held at the Cabrillo National Monument and the City of El Cajon parking lot adjacent to the police department.

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Our readers and clients have eagerly been asking why the United States Citizenship and Immigration Services (USCIS) has reported extremely long processing times on their webpage. Others are concerned about when their field offices will reopen and reschedule their interviews. In this post we hope to provide some clarification regarding these very important issues.


Long Processing Times


As some of you may know as a result of the pandemic, USCIS has experienced a significant loss of revenue that has left the agency with no choice but to begin the process of furloughing much needed employees. The agency is no longer able to meet current workloads and has been taking drastic measures to try to cope with the current situation. CIS has requested $1.2 billion in aid from Congress to help keep the agency afloat. Among other things, CIS plans to increase filing fees this summer, and implement additional surcharges on all applications. The agency’s funding crisis has unfortunately resulted in very long processing times for those with pending applications. As many of you have noticed, the processing times listed on the CIS website vary widely depending on the service center processing the application or petition, and the relationship between the applicant and petitioner (for family-based petitions).


What accounts for the different processing times?


First, processing times vary depending on the service center that is processing your application or petition. Each service center has been specifically designated to handle specific types of immigration benefits. The type of center that will process your case depends on a number of different factors including: the type of immigration benefit you are requesting, your immigration category, and also your state of residency.

Since some types of immigration benefits are in great demand, such as permanent residency, service centers handling these types of applications generally have a heavier workload than others. Unfortunately, this means that processing times for service centers with heavier workloads will be longer than others. USCIS has tried to balance the workload by transferring some petitions to other service centers that do not have such a heavy workload. These efforts have been made to try to speed up the adjudication process.

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The Department of State has released the visa bulletin for July 2020 outlining the availability of immigrant visa numbers for the upcoming month.

NOTE: Adjustment of Status Filing Charts July 2020

For Family-Sponsored Filings: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 may file using the Final Action Dates chart for July 2020.

For all the other family-sponsored preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for July 2020.

For Employment-Based Preference Filings:For all employment-based preference categories, you must use the Final Action Dates chart in the Department of State Visa Bulletin for July 2020.


July Visa Bulletin Cutoff Dates


Employment Based Categories

According to the Department of State’s July Visa Bulletin, the following cutoff dates will apply for the issuance of an immigrant visa for employment-based categories:

  • EB-1: All countries remain current during the month of July except for China and India. EB-1 China will advance by one week to August 22, 2017, while EB-1 India will advance by 11 months to May 8, 2017.
  • EB-2: All countries except EB-2 China and India remain current. EB-2 China will advance by one week to November 8, 2015, and EB-2 India will advance by just under four weeks to July 8, 2009.
  • EB-3 Professional and Skilled Workers: All countries except EB-3 India and China will advance by almost five months to April 15, 2018. Cutoff dates for EB-3 China will advance by one week to June 22, 2016, and for India by two months to June 1, 2009.
  • EB-5: EB-5 India will become current, joining all other countries except for EB-5 China and Vietnam.  China’s cutoff date will advance by one week to July 22, 2015, while Vietnam’s cutoff date will advance by three weeks to May 15, 2017.

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