Visa Bulletin Update FY 2024

February 2024 USCIS determined that for November 2023, applicants in all family-sponsored preference categories and all employment-based preference categories must use the Dates for Filing chart. The most notable change is in the F2A category, where the final action dates for most countries moved forward from November 2019 to February 2020. Categories in the employment-based preferences remained...

Importance of Verifying Your Green Card Issuance: USCIS May Incorrectly Approve your GC Too Early

Navigating the labyrinth of immigration procedures is not an easy task, and even when everything is done correctly, errors can still happen. This can sometimes be due to oversights on the part of the United States Citizenship and Immigration Services (USCIS). This article will focus on one such case, where we represented a client whose Green Card was rescinded due to an error by USCIS. The...

Processing Times for Family-based petitions and applications, including I-130 and I-485

November 21, 2023 Here's another update on the processing times for family-based immigration applications, including the I-130 (Petition for Alien Relative), I-485 (Application to Register Permanent Residence or Adjust Status), and the I-765 (Employment Authorization Document) and I-131 (advance parole). Marriage-Based Green Card (I-130 and I-485): Filing Date: October 06, 2022 Approval Date:...

USCIS Will Automatically Extend Green Cards for Naturalization Applicants

Starting December 12, 2022, all applicants for N-400 (naturalization) will receive an automatic extension of their green card for up to 24 months. Applicants no longer need to file a separate I-90 to extend their green cards. The automatic extension will be stated on the N-400 receipt notice. The receipt notice can be presented with the expired Green Card as evidence of continued status as well...

Visa Bulletin Update FY 2023

September 2023 September 2023 Visa Bulletin Highlights Family-Sponsored Second Preference (F2A) Retrogression: A significant update has been made regarding the F2A category. A cutoff date of 09/01/2023 has been assigned to the dates of filing chart. This indicates that I-485 based on F2A should be filed within this month, August 2023. Steady Employment-Based Number Use: Employment-based number...

I-485 EB Processing Time (Filed in FY 2023)

Update August 4, 2023 In this update, we have a sample I-485 EB approval for an EB3 skilled worker application. This case was filed on December 19, 2022, and it was approved on July 26, 2023. It took a total of 7 months in processing time, which is significantly shorter than posted timeframes on USCIS's website. It's important to note that the USCIS is currently making concerted efforts to...

Liberian Refugee Immigration Fairness Program

Update August 17, 2021 USCIS issued another reminder that the deadline to submit green card applications for Liberian Refugee Immigration Fairness (LRIF) from eligible Liberians and their immediate family members is December 20, 2021. Q.  What are the requirements for a family member to adjust status based on LRIF? A.  To adjust based on LRIF, each family member must: Properly file his...

The Supreme Court Rules TPS Is Not an Admission for Purposes of Adjustment of Status

The Supreme Court just handed down a decision that will deflate the hope of filing for green card (while present in the U.S.) for about 400,000 individuals in the U.S. with Temporary Protected Status (TPS). The case concerns the plight of Jose Sanchez who with his wife and three children entered the US illegally in 1997. His fourth child was born in the U.S. and is a U.S. Citizen. In 2001, after...

Perpetual H-1B? Almost

Seasoned H-1B status holders are familiar with the regulations that allow them to extend their stay beyond the standard 6-year maximum period. We regularly see H-1B workers from India who have been in H-1B status for well over 10 years. Section 104(c) of AC21 provides that DHS "may grant" a three-year H-1B extension beyond the six-year maximum if the H-1B worker has an approved I-140 petition,...

Expediting a Pending I-765 EAD

Update 6/11/2021 USCIS has clarified the circumstances under which it will consider expedited requests (ER). NBC is processing expedited request (ER) of EADs very quickly. Call USCIS customer service for ER and ask to speak to Tier 2 officer. Tier 2 will call back in a week or so. Provide financial loss docs. Most are approved without any docs. If doc is requested, some examples include a letter...