Visa Lawyer Blog

Articles Posted in Permanent Residents

by

6855902540_2e5c5034a1_z

Throughout the next few months, USCIS will begin the process of returning H-1B petitions that were not selected in the H-1B lottery for fiscal year 2017. Each package will contain the respective H-1B petition along with a rejection notice specifying that the petition was not selected in the lottery. If you would like a copy of your rejection notice, please contact your employer or the attorney that filed your petition with USCIS. If you were not selected in the H-1B lottery for fiscal year 2017, there are a few visa options you may want to consider applying for. As always you can visit our website to read about the various different visa types that may be available to you. To discuss your options moving forward, please contact us for a consultation. Do not despair. Many applicants that were not selected in the H-1B lottery in previous years, have been chosen in subsequent years.

Long Term Options for Employment

Employment-Based Green Card

Typically, the employment-based green card application is the most permanent long term option for employment. The drawback is that obtaining an employment-based green card is a very long process that will require you to maintain another nonimmigrant status, while your green card application is pending. For more information on employment-based green cards please click here.

Family-Based Green Card (Adjustment of Status within the United States)

If you are the spouse, parent or child of a U.S. citizen, you may be eligible for family-based permanent residency. The green card application includes the application for employment authorization, which is granted within 3 months of filing. Employment authorization allows the applicant to work while their application is in process. Please be aware that the 3-month time frame for employment authorization is only for applicants applying for adjustment of status from within the United States. For more information about this process please click here.

Continue reading

by

6431170125_725b09e571_z

The U.S. Department of State (DOS) recently released the June Visa Bulletin. The Chief of Visa Control and Reporting Division, Charles Oppenheim has provided new insights and developments pertaining to the June 2016 Visa Bulletin. Cutoff dates listed below form part of the final action (FA) chart of the Visa Bulletin. Currently, USCIS has advised adjustment of status family-sponsored and employment-based applicants to refer to cutoff dates that appear on the final action chart for the month of June, and not the date of filing chart.

Employment-Based, First Preference (EB-1)

Demand for the EB-1 category remains at a very high level. DOS has said that should demand continue to remain at the same rate, some form of “corrective action” would be necessary before the close of the fiscal year to regulate worldwide visa numbers. This may require the establishment of a cutoff date or other form of regulation.

India Employment-Based, Second Preference (EB-2)

Demand for the EB-2 category is also very high. Due to increasing demand, there will no longer be unused numbers available in excess of the normal EB-2 per-country limit. EB-2 Worldwide and EB-2 India demand is expected to increase. The high level of demand for visa numbers in the EB-2 India Category and lack of excess numbers from EB-2 worldwide has caused the EB-2 India final action date to retrogress to October 1, 2004 for the month of June.The DOS expects that the EB-2 India cutoff date will advance slowly for the rest of the fiscal year, at a pace similar to the EB-3 advancement.

Continue reading

by

1a233a6

In this segment, we answer 4 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. For more information on the services we offer please click here.

Consular Report of Birth Abroad (CRBA) and the Affidavit of Support

Q:  I am a US Citizen married to a foreign national. We have a child together. We recently moved to the United States from abroad.  My husband and son entered the United States on a B-2 visa and we are planning to apply for their adjustment of status. My question is regarding the Form I-864 Affidavit of Support. I have just secured employment and will be able to sponsor my family. I want to know what documents are required in support of the Affidavit of Support as proof that I have sufficient income to support my family. At the moment I do not have pay stubs. I plan to start my employment next month.

A: Thank you for your question. If your child was born abroad, your child may acquire U.S. Citizenship by filing for a Consular Report of Birth Abroad (CRBA, Form FS-240) before your child reaches their 18th birthday. To do so, the U.S. Citizen parent must report the birth of the child at their nearest U.S. Embassy or Consulate. Anytime that a child of a U.S. Citizen parent is born abroad, the parent must report the birth to nearest U.S. Consulate as soon as possible. This will allow the Consulate to issue a Consular Report of Birth Abroad as an official record of your child’s claim to U.S. Citizenship. The CRBA may be used as proof of your child’s U.S. Citizenship and allows the child to obtain a U.S. passport. A child with a consular report of birth abroad receives the same privileges as a child born in the United States. It is recommended that you first contact your closest U.S. embassy or Consulate before filing a petition for your son, because it is likely that you will not need to go through the immigration process for your son.

Continue reading

by

2982449071_57fc209774_z
According to a new study by the Pew Research Center, the number of permanent residents applying for U.S. Citizenship has risen 5% when compared to the 2012 election cycle. This fiscal year USCIS received the highest number of applications for naturalization in four years. The Pew Research Center suggests that the recent surge in applications for naturalization is not due to political reasons.

This fiscal year approximately 249,609 permanent residents applied for naturalization, a 13% increase from the previous fiscal year, according to preliminary data provided by the U.S. Citizenship and Immigration Services. During the last election cycle, in fiscal years 2011 and 2012, there was a 19 % increase in applications, compared to this year’s election cycle at 13%. Research conducted by the Pew Research Center indicates that the increase in the number of applications is due to practical reasons, such as avoiding fee increases and criminal prosecution, and not for political reasons. For instance, during fiscal years 2007 and 2008, the number of naturalization applications decreased by 62%, at a time when USCIS announced an increase in the application fee for adults, from $330 to $595, taking place on July 30, 2007. As a result of this announcement, an unusual number of applications were filed before the planned increase in filing fees. In fiscal year 2007, before the increase in filing fees, the number of naturalization applications increased by 89% compared to fiscal year 2006. This was the largest increase in naturalization applications ever seen since 1907.

From fiscal year 1995 to 1998, more than 900,000 people applied for citizenship every fiscal year, reaching a record high 1.4 million naturalization applications in fiscal year 1997, due to a series of Congressional legislation enacted in the mid 1980s. According to the Pew Research Center, one such legislation was the Immigration Reform and Control Act of 1986, which gave approximately 2.7 million undocumented immigrants the opportunity to become legal permanent residents. This piece of legislation increased the pool of potential citizens who would apply for naturalization within 5-10 years. By 2009, nearly 40% of permanent residents had become U.S. Citizens. In 1996 Congress passed laws restricting public benefits and legal protections of noncitizens, and expanded the list of offenses for which legal permanent residents could be prosecuted and deported. These laws prompted millions of permanent residents to apply for naturalization out of fear of deportation.

Continue reading