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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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Public Charge Rule Updates and Other U.S. Immigration Changes Due to COVID-19
No one can deny that this year has been full of uncertainty and changes because of the pandemic. I cannot think of one sector or industry that has not been affected in one way or another, including our U.S. immigration system. Many changes have happened and as attorneys, we have had to navigate our way through these unprecedented times staying up to date on current events and how they will be affecting our clients’ cases. Within our immigration system, there are many different areas. For example, we have the immigration courts, the U.S. Department of State, USCIS (U.S. Citizenship and Immigration Services), and the National Visa Center (NVC). Because of…
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The Coronavirus (COVID-19) and the Impact on U.S. Immigration
The coronavirus has been a top news story for the past several weeks, and it has had an impact on many things such as travel, people buying supplies in anticipation of having to be quarantined that would keep them from work and school, shortage of masks, the impact on the economy, and many more things. It has also had an impact on U.S. immigration. This week, the local Seattle USCIS office (U.S. Citizenship and Immigration Services) closed because an employee had visited a family member at the Life Care Facility in Kirkland, WA, where there was a coronavirus outbreak. That closure affects cases that are being processed at that office…
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October 2019 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. Here is the October 2019 visa bulletin. You can also click here to see it. FAMILY-SPONSORED PREFERENCES Final Action Dates Dates for Filing Family-Sponsored Visa Applications EMPLOYMENT-BASED PREFERENCES Final Action Dates Dates for Filing of Employment-Based Visa Applications The reason that this bulletin exists is that there is a cap on the number of green cards that are issued each…
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What You Need to Know About the New Public Charge Rule Effective 10/14/2019
**UPDATE: On October 11, 2019, federal judges in New York and California ordered a nationwide block, which prevented the rule from going into effect. On January 27, 2020, the U.S. Supreme Court decided that this rule can go into effect. USCIS announced that they will begin implementing this rule starting February 24, 2020. A major change is happening starting on October 14, 2019, for those applying or adjustment of status (green card), change of status, and extension of status. Applicants will have to prove that they are self-sufficient and will not become a public charge. In other words, people who are applying for a green card, change of status,…
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Specialty Chefs and Green Cards
Did you know that if you are restaurant that specializes in a certain type of cuisine and need specialty chefs who have at least two years of chef experience in that cuisine, you may be able to petition for that chef to immigrate to the U.S. to get his or her green card (AKA lawful permanent residency)? A common issue I have heard among restaurant owners is the inability to find qualified chefs who have the experience and knowledge to cook the restaurant’s specialty dishes. However, there is a solution to this ongoing problem. There is a caveat to this, which is the understanding that it is not a process…
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June 2019 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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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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EB-2 Overview and Basics
An EB-2 visa is an employment-based permanent residency visa for employment within the United States. It is the second type of five preference visas where people can gain lawful permanent status (aka green card) based on their jobs or profession. It is an ideal option for those seeking permanent residency in the United States and has advanced degrees and work experience in his or her field of expertise. To qualify for an EB-2 visa, one must be a member of qualified professions holding an advanced degree or the equivalent. Individuals who have an exceptional ability in science, art, or business that benefits the American economy, cultural or economic interests may…
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The I-751 Petition to Remove Conditions Explained
When a person obtains lawful permanent residency status (aka LPR status or gets a green card) through marriage, he/she may be considered a “conditional” lawful permanent resident. This means that the green card is good for 2 years versus the traditional 10 years. Why is this you may ask? This is a way for the U.S. government to weed out marriage fraud. They want to make sure a person did not get married for the sole purpose of getting a green card. There have been numerous news stories about marriage fraud rings where a foreign-born person will pay tens of thousands of dollars to a U.S. citizen to marry him/her…
