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Humanitarian Reinstatement – How An I-130 That Has Been Terminated Due to the Petitioner Passing Away Can Be Saved
One of the sad realities of our immigration system is that it can take a very long time to bring over certain family members. For example, if a U.S. citizen mother petitions to bring her married son to the U.S., it could take over 22 years before that son will be able to come to the U.S. if he is a Mexican or Filipino national. If the son is a Canadian national, it would take about 12 years. Another reality is that a Petitioner can pass away during this waiting period. When that happens, by law the I-130 is automatically revoked. Fortunately, there is a way to save this I-130…
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Department of Homeland Security Announces Final Rule For H-1B Processing for FY 2020
With H-1B season just around the corner, the new rule for H-1B processing is something that I’ve gotten many questions on. I had written a blog post about the proposed changes to the H-1B process this past December. On January 30, 2019, DHS announced that the new rule governing the H-1B process would become final and will be effective April 1, 2019. The actual announcement of the new rule can be found by clicking here. My last blog post gives a short summary of the changes that were being proposed. Now, those procedures will become effective on April 1, 2019. However, given the short time frame from now until the…
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A TN Visa Overview: A Possible Alternative to the H-1B
Many people who are wanting to get a temporary work visa in the U.S. have likely heard of the H-1B visa. There is another classification called the TN visa that is similar in some ways to the H-1B, and if you are a Mexican or Canadian citizen, this work visa could be for you. The TN classification allows for Mexican and Canadian citizens to come into the U.S. temporarily to perform professional assignments. This classification does require that the person be a national of Canada or Mexico, have a professional assignment in the U.S., and possess a bachelor’s degree or have a professional license. The North American Free Trade Agreement…
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An Update on Processing Times
A lot of changes have happened in our immigration system, especially since Trump took office. One of the biggest changes I have seen is in processing times. Certain types of cases that used to take 3 to four months are now taking anywhere from 11.5 months to 23 months. An immigration officer had told me that when the administration changed, they saw a 300% increase in filings. That, coupled with the fact that they aren’t enough officers to keep up with the caseload, has resulted in long delays. People who live in cities with large immigrant populations are experiencing longer delays than people who live in smaller cities. Here’s an…
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If You Have Been a Victim of a Crime, You May Qualify for a U Visa
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New Policy for the I-751 Petition to Remove Conditions
On November 30, 2018, USCIS published new guidance on interviews at the I-751 stage (you can read more about what the I-751 is here). This policy went into effect on December 10, 2018, and applies to all I-751s received on or after that date. The significant change that is occurring is that if the principal petitioner was not interviewed at the stage of when the beneficiary first received the two-year conditional residency, then there will be an interview at the I-751 stage with USCIS. The type of situation this would apply to is where the principal petitioner petitioned for a spouse, and the spouse goes through the U.S. consulate abroad…
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DHS Proposes Some Major Changes to the H-1B Process
A possible policy change in the H-1B process could be coming. On November 30, 2018, the Department of Homeland Security (DHS) announced a proposed rule that would require petitioning employers who want to file H-1B cap-subject petitions to register electronically with USCIS during a designated period. The proposed rule would also reverse the order of how H-1B cap-subject petitions would be selected in the lottery. On December 3, 2018, the proposed regulation was published, and public feedback will be allowed until January 2, 2019. Under this potential new regulations, employers would have to register electronically with USCIS during a designated time period. It would begin at least 14 calendar days before…
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December 2018 Visa Bulletin
The U.S. Department of State publishes a visa bulletin every month that shows where they are in the process of issuing green cards. This bulletin allows people to see how long it could be before a visa becomes available for them to be able to apply for their green cards. The reason that this bulletin exists is that there is a cap on the number of green cards that are issued each year. This amount has not been increased in decades, and the number of people who have applied to get a green card has far exceeded the number of visas available, which has created a backlog. For certain types…
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What You Need to Know About the Differences Between Adjustment of Status and Consular Processing
If you want to become a lawful permanent resident (aka LPR or green card holder), you will either do it through adjustment of status or consular processing. The way you choose depends on where you are when a visa becomes available, your preferences, and your circumstances. If you are already living in the United States, you can become a lawful permanent resident without leaving the country by applying for adjustment of status. If you are outside of the United States, you can use consular processing to be admitted as a lawful permanent resident. A question I get asked often is if a person can travel to the U.S. on a…
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If You Are A Restaurant Owner, Petitioning for A Specialty Chef Is An Option
The restaurant industry is in dire need of good chefs based on what I hear from restaurant owners. I’ve had the privilege of working with several restaurants who are petitioning for specialty chefs to get their green cards. Every year, the U.S. government gives out a certain number of employment-based visas. For all countries except for China, India, and the Philippines, the category that would correctly be used for specialty chefs is the EB-3 skilled worker category, and there is no waiting period other than processing times. What I mean by waiting period is that for certain countries where a lot of people have applied for that particular category of visas because there aren’t enough visas to give out, there…
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The Takeover of the House of Representatives by the Democrats: What This Could Mean for U.S. Immigration
The results are in and the Democrats have taken control of the House of Representatives while the Republicans still control the Senate. What does this mean for the President’s immigration plans? The Democrats will likely try to thwart the President’s efforts to enact the immigration changes he has promised. What I see happening is more gridlock and immigration reform will be a battle in Congress. Any real reform is yet to be seen. However, Democrats can try to limit the President’s immigration plans through the budgeting process, such as fighting to fund the controversial border wall and also limiting his other immigration plans. Here is an article from USA Today…
