Trump Extends Immigrant and Employment Visa Bans
On December 31, 2020, President Trump issued a new proclamation continuing Proclamations 10014 and 10052, which suspend the entry of certain immigrants and nonimmigrants into the United States. The ban has been extended until March 31st, 2021.
On December 31, 2020, President Trump issued a new proclamation continuing Proclamations 10014 and 10052, which suspend the entry of certain immigrants and nonimmigrants into the United States. The ban has been extended until March 31st, 2021.
Will Biden rescind the bans?
It is possible but not guaranteed. The situation is complex, and he may decide to let them reach their natural expirations.
How will this affect me?
If you are seeking an immigrant visa (green card at a consulate) in a preference category, such as the child of a permanent resident, or as the parent of a US citizen, then that visa may not be able to be issued until April. The same is true for certain employment-based visas issued at a consulate.
Need more information or assistance with your green card or employment-based visa application? Contact us today at theteam@huwelaw.com or 415-849-1199.
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.
Contact us today at theteam@huwelaw.com or 415-496-9040 to learn more about applying for a green card!
Can You Apply for a Green Card Next Month? Check the August 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 August 2019 to see if your priority date is current next month.
USCIS has determined that in August, the Dates for Filing Chart must be used for family-sponsored green cards, with the exception of F2A category applicants, who may use the Final Action Dates chart. The Final Action Dates Chart must be used for employer-sponsored green cards.
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 August 2019 to see if your priority date is current next month.
USCIS has determined that in August, the Dates for Filing Chart must be used for family-sponsored green cards, with the exception of F2A category applicants, who may use the Final Action Dates chart. The Final Action Dates Chart must be used for employer-sponsored green cards.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application?
Contact us at theteam@huwelaw.com or 415-496-9040 today.
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:
Need help interpreting the Bulletin and preparing and filing your green card application?
Contact us at theteam@huwelaw.com or 415-496-9040 today.
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.
