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Which One Processes Faster? A Fiance(e) Visa or Spouse Visa?
I meet with many people who ask me if they should do a fiance visa or spouse visa if their significant other is not in the U.S. and will process at a U.S. consulate. Generally speaking, the fiance visa will be faster if the goal is to be together in the U.S. as soon as possible. Remember that once your fiance comes to the U.S. with the fiance visa (K1 visa), you must get married within 90 days of your fiance entering. Once you are married, the green card application can be filed, and your fiance would remain in the U.S. while that is processed. Eventually, an interview will be…
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My Green Card Will Expire Soon, but I Filed for a Renewal. What Happens if I Don’t Get My Green Card Before My Current One Expires?
If your green card is going to expire soon, and you have already filed for renewal, what happens once your current green card does expire and you don’t have your new green card yet? Fortunately, you’ll be just fine. When you send in your renewal application, USCIS will send you a receipt notice confirming they have received the file and it’s processing. That receipt notice will also serve as an automatic 12-month extension of your current green card. If the expiration date on your green card shows October 1, 2022, that notice autonomically extends it for another 12 months. If you are in this situation and need to show proof…
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USCIS Updated Policy on the 3-Year and 10-Year Unlawful Presence Bars
On June 24, 2022, USCIS issued new guidance on the 3 and 10-year bars and green cards, but this new policy will only apply to a limited group of people. You can go read my post here that goes into detail about these unlawful presence bars. A brief summary of the 3 and 10-year bar is this – if a person has been in the U.S. beyond their authorized period of stay for more than 180 days but less than a year and they leave, they will be barred from coming back to the U.S. for 3 years. If the person stays for more than 1 year beyond their authorized…
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USCIS to Offer Premium Processing for Certain I-765 EAD Applications (Work Permits)
USCIS published a final rule called Implementation of the Emergency Stopgap USCIS Stabilization Act in the Federal Register at 87 FR 18227 (March 20, 2022). This rule went into effect on May 31, 2022. One of the provisions in this rule is the option for people to pay an optional premium processing fee (it’s an expedite fee) to get their work permits processed sooner. However, the payment of the premium processing fee is not available for work permit applications yet and will become available once USCIS completes all the necessary logistical steps to get it implemented. USCIS stated that it plans to implement this in the fiscal year 2022. See…
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Ukraine Designated for Temporary Protected Status (TPS) for 18 Months
On March 3, 2022, the Department of Homeland Security announced that it was designating Ukraine for Temporary Protected Status due to the war between Russia and Ukraine for 18 months. However, this period can be extended if necessary. A country is given TPS status when certain events have happened in that country, making it unsafe for citizens of that country to return safely. This would include events such as an ongoing armed conflict, environmental disasters (i.e., earthquakes), or other extraordinary and temporary conditions. During the period that a country is designated for TPS, eligible individuals from that country who are in the U.S. are eligible to apply for a work…
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What President Biden Said About Immigration In His State of the Union Speech
On March 1, 2022, President Biden delivered his State of the Union speech. He spoke on several topics, including the war between Russia and Ukraine, inflation, prescription drug prices, the COVID-19 pandemic, and bringing industry and manufacturing back to America, among other topics. He did speak about immigration, but he didn’t spend much time on the subject. Here’s what he said about immigration: -More technology has been added at the border to detect drug smuggling; -Joint patrols have been set up in Guatemala and Mexico to catch more human trafickers; -They’re working with partners in Central and South America to host more refugees and helping with securing their borders; -Give…
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Employment-Based Immigration, Family-Based Immigration, Green Card, Lawful Permanent Residency, Policy Change, U.S. Citizenship
Why Could Your Case Be Taking So Long? USCIS Processing Delays Remain at Crisis Level
Nationwide, you and millions of families, businesses, and individuals applying for immigration benefits are waiting longer for U.S. Citizenship and Immigration Services (USCIS) to process and approve applications and petitions. Based on previously available USCIS data, in Fiscal Year (FY) 2014, an average case took about five months to process. In FY2020, an average case took more than nine months. Anyone who files applications or petitions with USCIS is affected. You and other people applying for family-based benefits, employment-based benefits, naturalization, travel documents, and employment authorization are all experiencing delays. Between FY2017 and FY2019, USCIS’s processing times for all petitions and application form types rose more than 37%. The dramatic…
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The 3 Agencies Involved in Immigrant Visa Cases: USCIS, NVC, and the U.S. Consulate/Embassy
I want to preface this post by saying that all three of these agencies are involved when a family member or employee is being petitioned for, and that person is not currently in the U.S. and will be processing at a U.S. consulate/embassy abroad. However, there are instances when a person is going through the immigration process that involves the I-601A stateside waiver process (you can read more about that process on this blog post), and dealing with these three agencies would also apply in those cases. For anyone who wants to be petitioned for, or if the person is self-petitioning, to become a green card holder in the U.S.,…
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Employment-Based Immigration, Family-Based Immigration, Green Card, Lawful Permanent Residency, Policy Change
COVID-19 Vaccines Will Be Required for Green Card Applicants Starting October 1, 2021
Starting October 1, 2021, U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State will require COVID-19 vaccinations for all applicants applying for refugee or lawful permanent residence, with some exceptions. All applicants who receive their medical examination ON OR AFTER October 1, 2021, must complete the COVID-19 vaccine series and provide documentation of vaccination. This change will impact anyone who completes the medical exam ON OR AFTER October 1, 2021. If the exam is completed BEFORE October 1, 2021, and it remains valid, the COVID-19 vaccine will not be required. Waivers for the vaccine may be available in these scenarios: -Not age-appropriate -Contraindiction – a reason for…
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Quicker Work Permits for U Nonimmigrant (U Visa) Petitioners and Qualifying Family Members
On June 14, 2021, USCIS issued a policy alert that will give principal petitioners (the main applicant) and qualifying family members with pending and valid U visa petitions work permits. To find out what a U visa is, you can go to my blog post here. The terms U nonimmigrant status and U visa are often used interchangeably but generally refer to the same immigration benefit. For purposes of this post, I will use the term U visa since that is the term that most people are familiar with. For anyone who has applied for a U visa, there is a huge backlog. I remember when I first started working…
