DeAnn Meador 8/4/22 DeAnn Meador 8/4/22

How Can I Verify What is My Immigration Status?

If you recently filed an immigration application with United States Citizenship and Immigration Services (USCIS), you may be eager for an immigration case update. Keep in mind that USCIS processes hundreds of thousands of applications every year, so there may be a prolonged waiting period. Still, you can check your case status at any time. Here’s how.

Get Your Receipt Number

To check your immigration application status, you first need your receipt number. This 13-character number is assigned to your application when it arrives at the USCIS office. Know that it can take a few weeks to receive your receipt number. If it hasn’t arrived within 30 days of filing your application, contact USCIS to find out why.

Make a USCIS Account

While not required, you can create an account on the USCIS website to stay informed about your immigration status, update your address, submit inquiries, and more.

Check Your Immigration Status

There are multiple ways to check your immigration status. Here are your options:

Check your USCIS case status online: The easiest method is to enter your receipt number on the USCIS website. This gives you the most recent status update of your application.
Check your case status by phone: Don’t have internet access? Call the USCIS National Customer Service Center at 1-800-375-5283. Be prepared to provide your receipt number to the representative who takes your call.
Check the status of an application mailed to a lockbox: Did you send your immigration application to a lockbox in Chicago, Dallas, or Phoenix? Email USCIS at lockboxsupport@uscis.dhs.gov. You’ll need the form number, your receipt number (if you have it), the applicant’s name, and your mailing address.
Check your status with the NVC: If the National Visa Center is handling your immigration case, visit the NVC website for more information.

What is the Average Immigration Application Processing Time?

Every applicant wants their paperwork processed as quickly as possible, but the wait times can range from a few months to years. It all depends on the type of application you submitted and how backed up the USCIS office is at the time of filing.

Fortunately, USCIS provides processing estimates. Simply select the form you filed, the form category, and the office you sent it to from the drop-down lists. If you have been waiting longer than the estimated time shown and haven’t received case updates through your USCIS account, reach out directly by phone or email for more information.

Checking your immigration case status should be straightforward, but if you run into issues, reach out to Hurtubise Weber Law LLP. We can help you avoid problems with your immigration application and provide regular status updates. Call us today at (415) 849-1199 or contact us online to speak with our immigration lawyers in San Francisco and San Jose, California.

DeAnn Meador 4/27/22 DeAnn Meador 4/27/22

Who Can You Sponsor as a US Citizen or Permanent Resident?

The United States government offers many benefits to its citizens and permanent residents. Those born in the States or living in this country as naturalized citizens or lawful permanent residents are permitted to bring foreign-born relatives to the US. Family-sponsored green cards and immigrant visas are issued by United States Citizenship and Immigration Services (USCIS), as well as the US Department of State. Not every family member can immigrate to the US through family sponsorships. Below is more information about who you can sponsor as a US citizen or permanent resident and the requirements and restrictions that apply.

Sponsoring an Immediate Relative

Most family-sponsored immigrant visas are obtained for close family members. USCIS defines “immediate relatives” as the spouses, children, and parents of US citizens. The US government does not limit the number of immigrant visas and green cards that can be issued to immediate relatives each year, which means these petitions may be processed more quickly than others.

Sponsoring Other Family Members

A US permanent resident or “green card” holder is eligible to sponsor family-based green cards for relatives in the “family preference categories.” US citizens are also eligible to sponsor their adult children and siblings under these categories. The number of green cards and immigrant visas that may be issued each year in each of these categories is limited. The categories include:

Unmarried sons and daughters over age 21 of US citizens
Spouses and unmarried children under age 21 of permanent residents
Unmarried sons and daughters over age 21 of permanent residents
Married sons and daughters of any age of US citizens
Siblings of US citizens (if the US citizen filing the petition is over age 21)

Things get a bit more complicated in situations with adoptive parents, stepparents, and children who “age out” due to the extensive delays in immigration processing times. However, working with a good immigration attorney can help ensure a fair outcome.

The Application Process

Sponsoring a family member to join you in the US can be quite a lengthy process. Even a spouse, who is generally accorded a shorter processing time, may have to wait as long as two to three years. The fastest way to secure a family-based green card is to work with Hurtubise Weber Law. We’ll assist you every step of the way to help you remain with your loved ones or to reunite you with them as soon as possible!

For more information about family-based green cards and immigrant visas and to speak with an immigration lawyer in San Francisco or San Jose about your situation, please call us at (415) 413-8760 or contact us online today.

Nicole Abramowitz Weber 8/27/19 Nicole Abramowitz Weber 8/27/19

How to Immigrate to the U.S. Permanently

As immigration lawyers in the U.S., people reach out to us a lot to ask: What are my options for getting a "green card" and immigrating to the U.S. permanently? Below is an overview of the basic requirements. Contact us at theteam@huwelaw.com or 415-496-9040 to learn more.

Generally a petitioner/sponsor is necessary. The sponsor can be (1) a U.S. employer, (2) a U.S. citizen or permanent resident (green card holder) spouse or parent, or (3) a U.S. citizen sibling or child over the age of 21. If an employer is willing to sponsor you, then they will be the one working with us (the lawyers) and the government, and will need to contact us directly to get started. If a family member is able and willing to sponsor you, then you will need to prove the familial relationship. If your spouse is the sponsor, then you will need to show that the marriage is real and not just for immigration purposes. You will also need to prove that your family member makes sufficient income - otherwise a cosponsor or assets will be necessary. Required income varies based on the sponsor's household size, but for year 2019 it starts at around $22,000 per year.

Self-sponsorship for a green card is possible in limited circumstances. If you can prove extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim, then it may be possible to apply for a green card without a sponsor. We offer a thorough initial legal evaluation to determine whether this is possible.

The diversity visa (DV) lottery is an option in some cases. If you are a citizen of a country included in the DV lottery program, then you can submit an application to be entered into a lottery to obtain a U.S. green card. You can learn more here:

https://travel.state.gov/content/travel/en/us-visas/immigrate/diversity-visa-program-entry.html

You - the person seeking the green card - must prove your identity and eligibility. The government looks at a lot of factors to determine eligibility. These include (but are not limited to) prior criminal history, history of prior visas and visits to the U.S., past immigration violations, and prior misrepresentations made to gain a benefit here in the U.S. We offer a thorough initial legal evaluation to ensure that you will be eligible for a green card before you begin the process.

Nicole Abramowitz Weber 5/14/19 Nicole Abramowitz Weber 5/14/19

Can you apply for a green card this month? Check the May Visa Bulletin!

Have you been “waiting in line” for a green card to become available in your preference category? You can check the U.S. Department of State Visa Bulletin for May 2019 to see if your priority date is current this month.

USCIS has determined that in May, the Dates for Filing Chart must be used for family-sponsored green cards, and the Final Action Dates Chart used for employer-sponsored green cards.

To view the full Bulletin, please visit:

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2019/visa-bulletin-for-may-2019.html

Need help interpreting the Bulletin and preparing and filing your green card application?

Nicole Abramowitz Weber 5/11/19 Nicole Abramowitz Weber 5/11/19

Military Parole-in-Place as a Path to a Green Card: What You Need to Know

Do you meet the following criteria? (1) You are an immigrant who entered the U.S. without a visa, (2) you are the spouse, parent, or child under 21 of a U.S. citizen, and (3) you have a close relative who is a member or former member of the U.S. Military? If so, you may be eligible for a green card via a special immigration benefit called “Parole-in-Place.”

In general, a “lawful admission” to the U.S. is required for the spouse, child, or parent of a U.S. citizen to be eligible for a green card. Parole-in-Place is a program that was created in year 2013 to help certain immigrants who do not have a “lawful admission” to obtain one without leaving the country.

What are the eligibility requirements for Parole-in-Place?

• You are physically present in the United States, but were not lawfully admitted

• You are the spouse, parent, or son or daughter (of any age) of an active duty member of the U.S. Armed, the Selected Reserve of the Ready Reserve, or former member of the U.S. Armed Forces or Selected Reserve of the Ready Reserve (including individuals who served in the military but are now deceased)

• You have no prior criminal convictions or other serious adverse factors

Even if you are eligible for Parole-in-Place, you must have a U.S. citizen spouse, parent, or child over the age of 21 who can serve as your sponsor for a green card.

If you believe you may be eligible for this amazing benefit, please contact us at theteam@huwelaw.com, or 415-496-9040 to learn more.

Nicole Abramowitz Weber 5/5/19 Nicole Abramowitz Weber 5/5/19

From TPS to a Green Card: One Man’s Journey

As an immigration lawyer in today’s changing world, I am frequently approached by prospective clients whose Temporary Protected Status (TPS) has been scheduled to terminate. They are often scared and bewildered, wondering what, if any, option they have?

Luckily, with some legal maneuvering it is often possible for someone in this situation to obtain a green card sponsored by an immediate relative. Below is our client Jose’s story.

Jose arrived in the U.S. in year 2001 from El Salvador. He crossed the border without a visa, fleeing a brutal civil war that was raging there at the time. He entered the U.S. frightened and with little money, hoping to start a new life here.

Our government granted Jose Temporary Protected Status, or TPS, due to the unsafe conditions in El Salvador. As the years passed and those conditions continued, Jose was allowed to renew his grant of TPS every 18 months. He resided and worked in the U.S. as an upstanding member of society for nearly a decade. The U.S. had become his home.

In year 2010, Jose met Clara, a U.S. citizen by birth. He and Clara started dating, fell in love, and decided to get married in year 2012. Jose’s immigration status remained that of TPS. Because Jose had entered the country illegally, he believed that he was not eligible for a green card through Clara.

Years later, our government announced that they would be terminating TPS for El Salvador. Jose suffered anxiety every day, not knowing how he would be able to remain in the U.S. with his life partner Clara. Then Jose met me.

I explained to Jose that he did have options. And one of those options was to obtain a lawful entry to the U.S. by applying for permission to travel outside of the country and reenter under TPS. While the timing would be tight because we knew at that point that Jose’s TPS would be terminated in less than a year, I reassured him that this was doable. Once Jose obtained the lawful entry, Clara would be able to sponsor him for his green card. Once we submitted the green card application, he would have permission to remain in the U.S. while it was pending.

Jose got his permission to travel and left and reentered the U.S., we applied for his green card, and he is now a permanent resident of the United States. He no longer fears deportation and separation from his wife of 7 years.

Jose’s story is not unique. Our immigration laws and policies are complex, and too many immigrants do not know their options. We offer a thorough initial legal evaluation to review your history in detail, explain all possible paths, and create a plan moving forward. Contact us today to learn more: 415-496-9040 or theteam@huwelaw.com.