Visa Lawyer Blog

Articles Posted in I-130

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family-6719424_1280Are you applying for adjustment of status to lawful permanent residence (a green card)?

If so, you will be pleased to know that on January 22, 2025, the U.S. Citizenship and Immigration Services (USCIS) announced that it is waiving any and all requirements for the COVID-19 vaccination on the Form I-693, Report of Immigration Medical Examination and Vaccination Record.

As a result, adjustment of status (green card) applicants will no longer be required to present evidence that they have received the COVID-19 vaccination.

USCIS will also not deny any adjustment of status application based on an applicant’s failure to present documentation that they received the COVID-19 vaccination.

Due to this new policy, USCIS will no longer issue any Request for Evidence (RFE) or Notice of Intent to Deny (NOID) related to proving a COVID-19 vaccination.

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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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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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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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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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couple-7445474_1280Recently, the Department of State released guidance to assist U.S. Citizens petitioning for family members in Lebanon.

Here are the highlights:

  • To facilitate family reunification, full immigrant visa processing has resumed for Lebanese family members of U.S. citizens, at the U.S. Embassy in Beirut.
  • Routine nonimmigrant visa processing is not yet available. Individuals may apply for a nonimmigrant visa at any U.S. embassy or consulate.

Immigrant Visa Information

The National Visa Center (NVC) will directly email petitioners, beneficiaries, and representatives of spouses, children under 21, and parents of U.S. citizens with approved I-130 petitions to provide an immigrant visa interview appointment date and instructions.  Applicants must check their email for updates.

Immigrant visa cases will continue to be processed according to the final action date published in the Visa Bulletin.  In November/December, the U.S. Embassy in Beirut will schedule visa interviews for currently eligible family preference immigrant visa cases and nonimmigrant Fiancé (K-1) visa cases.  

Case Transfers from Beirut to Other Embassies/Consulates

Individuals wishing to transfer their immigrant visa case from the U.S. Embassy in Beirut to another U.S. embassy or consulate may contact NVC via the Public Inquiry Form and in the “Enter Your Inquiry Below” box, include:

    • The U.S. embassy or consulate where they would like their case transferred; and
    • Likely dates of travel and preferred date for a new appointment.

Applicants must arrange their own travel to an alternate embassy or consulate for their visa appointment, including complying with any visa requirements for entering that country to attend their visa appointment.

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interview-6956089_1280-1In this blog post, we discuss the release of the Department of State’s October 2024 Immigrant Visa Backlog report.

This is a monthly publication that provides data and statistics regarding the number of immigrant visa cases currently at the National Visa Center waiting for interviews, documentarily complete cases that have been scheduled for visa interviews, and those that are still awaiting visa interviews.

We also compare the increase in the backlog from September to October 2024.

According to the National Visa Center’s Immigrant Visa Backlog Report for the month of October 2024, there has been a modest decrease in the immigrant visa (IV) backlog from 385,800 pending cases in September to 363,242 cases in October — nearly a 5.8% decrease in the backlog.  

Additionally, when comparing the September and October Immigrant Visa backlogs, we can see that the number of immigrant visa applicants whose cases were declared documentarily complete and ready to be scheduled for interviews decreased by 17,846 cases, from 431,110 (in September) to 413,264 (in October).

Additionally, 50,022 applicants whose cases were documentarily complete were scheduled for interviews in the month of October (in comparison to just 45,310 in September).

  • A case is considered documentarily complete by the National Visa Center, when the applicant has paid all necessary fees and submits all necessary documents to meet the formal visa application requirements, such that the case is ready to be scheduled for a visa interview. When a case becomes documentarily complete, the NVC sends applicants an email to notify them that their case is complete and pending scheduling at the local Consulate or Embassy.

September 2024 Immigrant Visa Backlog Report

Number of IV applicants whose cases are documentarily complete at NVC and ready for interview as of August 31 431,110
Number of documentarily complete IV applicants scheduled for September 2024 interview appointments 45,310
Number of eligible IV applicants still pending the scheduling of an interview after September 2024 appointment scheduling was completed 385,800

October 2024 Immigrant Visa Backlog Report

Number of IV applicants whose cases are documentarily complete at NVC and ready for interview as of September 30 413,264
Number of documentarily complete IV applicants scheduled for October 2024 interview appointments 50,022
Number of eligible IV applicants still pending the scheduling of an interview after October 2024 appointment scheduling was completed 363,242

 Note: In Calendar Year 2019 on average, 60,866 applicants were pending the scheduling of an interview each month.

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november-5650854_1280-1Today, the U.S. Department of State’s Bureau of Consular Affairs published the November 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 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 November.

Highlights of the November  2024 Visa Bulletin

At a Glance

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

Employment-Based Categories

  • All employment-based Final Action Dates and Dates for Filing will remain the same in November when compared to the October Visa Bulletin

Family-Sponsored Categories

Final Action

  • F1 Mexico will advance by 1 year and 10 months to November 22, 2004
  • F2A Mexico will advance by 1.2 months to April 15, 2021
  • F2A All other countries will advance by 1.3 months to January 1, 2022
  • F2B Mexico will advance by 5.5 months to July 1, 2005
  • F3 Mexico will advance by 2 months to October 22, 2000
  • F3 Except for the Philippines All other countries will advance by 2 weeks to April 15, 2010
  • F4 Mexico will advance by 1 week to March 1, 2001
  • F4 India will advance by 1 week to March 8, 2006

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ai-generated-8489042_1280New details have emerged relating to a pending lawsuit before the U.S. District Court for the Eastern District of Texas known as  Texas et. al. vs. DHS et. al., Case No. 6:24-cv-00306 (E.D. Tex.), which is currently blocking the approval of applications filed under the Biden administration’s parole in place program.

Litigation Updates

On August 26th eleven individual intervening parties who stood to benefit from the parole in place program filed a motion to intervene in the Texas lawsuit.

Thereafter, on September 3rd the Texas district court judge denied the motion to intervene. As a result, the intervening parties filed an appeal before the U.S. Court of Appeals for the Fifth Circuit claiming the lower court’s denial of the motion to intervene was unjustified.

On September 11th  the Fifth Circuit Court ordered the lower court to freeze all proceedings until they have had the opportunity to hear the intervenors appeal.

A hearing date of October 10th has been set and the court has said that no further action can be taken in the lower court until that date.

The appellate court’s order states as follows, “Meaning no criticism of the district court’s recognition of the need for prompt resolution, this panel must have an opportunity to consider the merits briefs, scheduled to be received by September 16, and to hear argument on the appeal of the denial of intervention. Accordingly, we administratively STAY proceedings in the district court pending a decision on the merits or other order of this court. The stay issued by the district court will remain in effect pending further order of this court.”

What does this mean for parole in place applications?

In the meantime, USCIS can continue accepting and processing parole in place applications under the Keeping Families Together program, but it cannot approve cases until further notice.

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beach-4455433_1280In this blog post, we discuss what undocumented spouses and stepchildren of U.S. Citizens can expect after applying for Parole in Place using the new USCIS online application called Form I-131F.

What to Expect After Filing Form I-131F Parole in Place

Once you have properly submitted the Form I-131F using your myUSCIS online account, you will receive a I-797 receipt notice from USCIS by mail as proof that your application was submitted. This receipt notice will contain your receipt number which you can use to track your case on the USCIS case tracker.

Please note that the receipt notice can also be accessed on your myUSCIS portal

The Biometrics Appointment

Several weeks after filing Form I-131F, you will receive a biometrics appointment notice, which will indicate the date, time, and location where you must appear for USCIS to collect your fingerprints, photographs, and a signature.

Your biometrics information will be used to run a background check for criminal history, verify your identity and, and to prepare certain immigration documents (for example, an Employment Authorization Document also known as a work permit).

If USCIS has collected your biometrics information in the past, it is possible that they will reuse such information. If that is the case, USCIS will notify you via your myUSCIS online account and send you a notice by mail.

Receiving a Decision

Those who meet the eligibility criteria for parole in place under the Keeping Families Together program, will receive a discretionary grant of parole for a 3-year period.

As part of the decision-making process, USCIS will take into consideration various factors to determine whether a favorable exercise of discretion is warranted in your case such as:

  • Your criminal history
  • The existence of removal proceedings
  • Unexecuted final removal orders
  • The results of background checks, including national security and public safety vetting Positive and adverse factors presented
  • Any other relevant information available to or requested by USCIS.

Those who have any disqualifying criminal history or are found to be a threat to national security, public safety, or border security, may be denied for parole in place.

Factors such as pending criminal charges will make you ineligible for parole in place while the charge remains pending. Certain criminal convictions can also make you ineligible for parole in place under this process.  Please discuss any criminal records with an experienced immigration attorney before filing Form I-131F.

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