USCIS Creates New Webpage for Lockbox Filing Location Updates
USCIS has created a new Lockbox Filing Location Updates page on their website to provide updates they make to lockbox filing locations, where immigration applications are mailed.
USCIS has created a new Lockbox Filing Location Updates page on their website to provide updates they make to lockbox filing locations, where immigration applications are mailed. The filing locations are periodically adjusted to balance incoming workload for timely processing. That means that even if your application was mailed to one location, it could end up being processed in a different one.
Contact us today at theteam@huwelaw.com or 415-548-7067 for assistance with a green card or employment-based visa application.
TPS Redesignated for Somalia
The Department of Homeland Security has announced that TPS for Somalia will be re-designated through March 17, 2023. So far we do not have details, but we expect that re-registration should be allowed soon.
The Department of Homeland Security has announced that TPS for Somalia will be redesignated through March 17, 2023. So far we do not have details, but we expect that re-registration should be allowed soon.
Need help in re-registering for TPS? Contact us today at theteam@huwelaw.com or 415-496-9040.
TPS Redesignated for Yemen
In good news for anyone in receipt of a Request for Evidence (RFE) or NOID (Notice of Intent to Deny) that was issued by USCIS, you may have more time to submit your response. Due to the pandemic, USCIS is allowing an extra 60 days of response time for any RFE or NOID received between March 1, 2020 and September 30, 2021.
The Department of Homeland Security has announced that TPS for Yemen will be redesignated through March 3, 2023. So far we do not have details, but we expect that re-registration should be allowed soon.
Need help in re-registering for TPS? Contact us today at theteam@huwelaw.com or 415-496-9040.
USCIS Extends Deadlines for Responding to RFEs, NOIDs
In good news for anyone in receipt of a Request for Evidence (RFE) or NOID (Notice of Intent to Deny) that was issued by USCIS, you may have more time to submit your response. Due to the pandemic, USCIS is allowing an extra 60 days of response time for any RFE or NOID received between March 1, 2020 and September 30, 2021.
In good news for anyone in receipt of a Request for Evidence (RFE) or NOID (Notice of Intent to Deny) that was issued by USCIS, you may have more time to submit your response. Due to the pandemic, USCIS is allowing an extra 60 days of response time for many RFEs and NOIDs received between March 1, 2020 and September 30, 2021.
Need assistance with your fiance visa, green card application, or employment visa? Contact us today at theteam@huwelaw.com or 415-548-7067. We are operating fully remotely and are here for you during this challenging time.
USCIS Suspends Biometrics Requirements For H, L and E Visa Spouses
Starting on May 17th, 2021, USCIS will suspend biometrics requirements for certain I-539 applicants, including H-4, L-2, and E-1, E-2, and E-3 visa applicants, for at least two years.
Starting on May 17th, 2021, USCIS will suspend biometrics requirements for certain I-539 applicants, including H-4, L-2, and E-1, E-2, and E-3 visa applicants, for at least two years.
What does this mean for me?
This is good news! If you are filing a new H-4, L-2, E-1, E-2, or E-3 visa application, or you have an application currently pending and you do not receive your biometrics notice by May 17th, then you should not be required to appear for a biometrics appointment while your case is being processed. That means that your application should be approved sooner.
Need assistance with an application for a visa or green card? Contact us today at theteam@huwelaw.com or 415-548-7067!
New H-1b Visa Rule Calls for Lottery Selection Based on Wage Level
Last Friday, January 8, 2021, USCIS published a final regulatory rule which changes the way that H-1b visas will be evaluated in the H-1b visa cap season lottery.
UPDATE: The Biden administration has put a 60 day hold or “freeze” on implementation of this new rule. Therefore it will not apply in this year’s lottery selection process.
Last Friday, January 8, 2021, USCIS published a final regulatory rule which changes the way that H-1b visas will be evaluated in the H-1b visa cap season lottery.
What is the new rule?
Under the existing rule, H-1b visa lottery winners are chosen based on a random selection process. The new rule calls for lottery selection based on the wage level used in an H-1b visa petition. This means that H-1b visa numbers will be allocated according to salary levels, giving priority to those earning the highest salaries in their respective occupations and geographic areas of employment.
Will the new rule affect this year's H-1b cap season?
As of now, that is unclear. The rule is scheduled to go into effect on March 9, 2021. Incoming President Biden has the authority to put a freeze on all unimplemented rules that exist at the time he takes office, including this one. The freeze could be up to 60 days, which means this rule would not apply to this H-1b cap season. However, Biden has not committed to freezing this rule, and he has expressed support for allotment of H-1b based on wage levels. Therefore we will need to wait and see.
Need assistance with an H-1b visa cap season petition? Contact us today at theteam@huwelaw.com or 415-849-1199.
Immigration Officers Have Discretion When Deciding Green Card Cases
Did you know: Even if you prove that you meet all general legal requirements for eligibility for a green card, the immigration officer deciding your case still has discretion to deny it?
Did you know: Even if you prove that you meet all general legal requirements for eligibility for a green card, the immigration officer deciding your case still has discretion to deny it?
This is a surprise to many green card applicants. And in the San Jose and San Francisco Bay Area where we practice, the use of discretion to deny a green card application has not been common practice thus far. However, recently United States CItizenship and Immigration Services (USCIS) updated their Policy Manual and added consolidated guidance on the issue of discretion. We expect that this new guidance will prompt increased scrutiny and denials moving forward.
The USCIS Policy Manual now states that the adjudicating officer "should review the entire record and give appropriate weight to the negative and positive factors relative to the privileges, rights, and responsibilities of LPR [Lawful Permanent Resident] status. Once the officer has weighed each factor, the officer should consider all of the factors cumulatively to determine whether the positive factors outweigh the negative ones."
So what types of factors will the officer consider when evaluating your case? Some of the biggest factors are:
-Your family ties in the US
-Your history of education and employment in the US, and current US investment or property ownership
-Whether you have any type of criminal history, including arrests or citations (even if those would not otherwise bar you from receiving the green card)
-Whether you have ever violated US immigration laws (even if the conduct would not otherwise bar you from receiving the green card)
Because immigration officers are likely to focus more on these and other additional factors when deciding a green card case, green card approval is becoming more challenging.
How can Hurtubise Weber Law help? Our team has the knowledge and experience to support, guide, and represent you throughout the green card process, to give you the best chance of success. Contact us at theteam@huwelaw.com or 415-413-8760 to get help today!
TPS extended for El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan
Some great news for anyone from El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan holding Temporary Protected Status (TPS): USCIS has extended eligibility until October 4, 2021. This means that TPS holders from these countries will remain in status and may apply to extend employment authorization through that date.
Some great news for anyone from El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan holding Temporary Protected Status (TPS): USCIS has extended eligibility until October 4, 2021. This means that TPS holders from these countries will remain in status and authorized to work through that date.
Is your TPS scheduled to expire on October 4th? You may have options to remain in the U.S. beyond that date. We specialize in Deferred Action for Childhood Arrivals (DACA) and adjustment of status (green cards) sponsored by family members and employers. Contact us today at 628-877-0197 or theteam@huwelaw.com to see if you may qualify for one of these benefits!
USCIS Immigration Fees will Increase on October 2nd
Beginning on October 2, 2020, USCIS will implement across-the-board fee increases. If you qualify for an immigration benefit, now may be the time to apply.
UPDATE: The U.S. District Court for the Northern District of California has issued a nationwide preliminary injunction enjoining the fee increases described below. The injunction could be lifted at any time. Stay tuned for further updates.
Beginning on October 2, 2020, USCIS will implement across-the-board fee increases. If you qualify for an immigration benefit, now may be the time to apply.
Fees will increase for the benefits below, among others:
N-400 Naturalization: $640 to $1160
I-485 Adjustment for a child under 14 years old: $750 to $1130
I-601A Provisional Waiver: $630 to $960
I-192 Waiver: $930 to $1400
I-751 Petition: $595 to $760
I-765 EAD: $410 to $550
Additionally, all applicants for adjustment of status (an application for a "green card" in the US) will be required to pay separate fees for an I-765 EAD and I-131 travel document. This will result in an increase of more than $1100 in filing fees for adjustment applicants seeking these benefits.
If you believe you may be eligible for an immigration benefit, there is still time to apply before the fees increase. Contact us to get started today at theteam@huwelaw.com or 415-496-9040.
Judge Bars Enforcement of Immigration Public Charge Rule During Pandemic
On Wednesday, July 29th, a federal judge in the US District Court for the Southern District of New York issued a nationwide injunction barring USCIS from enforcing the "public charge" rule for as long as the COVID-19 pandemic remains a public health emergency.
UPDATE #2: Per a September 2020 court order, the public charge rule may now be enforced nationwide, during the pandemic, until further notice.
UPDATE: The Second Circuit Court of Appeals issued a ruling on August 12th limiting the District Court’s Order discussed below to Vermont, Connecticut, and New York only. Therefore enforcement of the public charge rule is currently barred in those states only. USCIS may enforce the rule in all other states. Stay tuned for further updates.
We have rare positive news for those seeking permanent residency in the US:
On Wednesday, July 29th, a federal judge in the US District Court for the Southern District of New York issued a nationwide injunction barring USCIS from enforcing the "public charge" rule for as long as the COVID-19 pandemic remains a public health emergency. Both United States Citizenship and Immigration Services (USCIS) and the United States Department of State (DOS) have since announced that they will comply with the injunction.
This means that as long as the injunction remains in effect and there is a declared national health emergency, neither DOS consular nor USCIS officers will enforce any part of the public charge rule.
Please check back in for updates, as this is a fluid situation.
We are fully operational virtually and here to help! Contact us at theteam@huwelaw.com or 415-413-8760 for assistance in applying for a green card.
A Petition for Alien Relative Can Now be Filed Online
USCIS announced last week that petitioners can now file a Petition for Alien Relative (the first step in sponsoring a relative for a "green card") online.
This is significant for cases where the green card process needs to be done in two steps, and may help to avoid government errors and to decrease wait times.
Please contact us at theteam@huwelaw.com or 415-496-9040 to learn more about green card sponsorship.
Immigration Forms Update: USCIS Publishes Revised Form I-539
Are you seeking to extend or change your current immigration status?
USCIS has published a new version of form I-539, which is used for someone currently in one immigration status to extend time in that status or change to a new status. USCIS has announced that it will allow use of the old form only until March 21st, 2019.
Are you seeking to extend or change your current immigration status?
USCIS has published a new version of form I-539, which is used for someone currently in one immigration status to extend time in that status or change to a new status. USCIS has announced that it will allow use of the old form only until March 21st, 2019.
Contact us today at TheTeam@huwelaw.com or 415-496-9040 for help in extending or changing your status.
November 2018 Visa Bulletin Released
The U.S. Department of State has released the Visa Bulletin for November 2018. In addition to the final action dates and dates for filing applications, the Bulletin also includes notes on the extension of two employment visa categories, the Employment Fourth Preference Certain Religious Workers (SR) and Employment Fifth Preference Pilot (I5 and R5).
The U.S. Department of State has released the Visa Bulletin for November 2018. In addition to the final action dates and dates for filing applications, the Bulletin also includes notes on the extension of two employment visa categories, the Employment Fourth Preference Certain Religious Workers (SR) and Employment Fifth Preference Pilot (I5 and R5).
USCIS has advised that in November, all preference filings must use the dates for filing chart.
To view the full Bulletin, please visit:
https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2019/visa-bulletin-for-november-2018.html
To discuss your immigration goals, please contact us at theteam@huwelaw.com or 415-496-9040.
October 2018 Visa Bulletin Released
The U.S. Department of State has released the Visa Bulletin for October 2018. In addition to the final action dates and dates for filing applications, the Bulletin also includes notes on the scheduled expiration of two employment visa categories, the Employment Fourth Preference Certain Religious Workers (SR) and the Employment Fifth Preference Categories (I5 and R5), which will only be restored if Congress acts.
The U.S. Department of State has released the Visa Bulletin for October 2018. In addition to the final action dates and dates for filing applications, the Bulletin also includes notes on the scheduled expiration of two employment visa categories, the Employment Fourth Preference Certain Religious Workers (SR) and the Employment Fifth Preference Categories (I5 and R5), which will only be restored if Congress acts.
USCIS has advised that in October, both family-based and employment-based preference filings must use the dates for filing chart.
To view the full Bulletin, please visit:
https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2019/visa-bulletin-for-october-2018.html
To discuss your immigration goals, please contact us at theteam@huwelaw.com or 415-496-9040.
September 2018 Visa Bulletin Released
The U.S. Department of State has released the Visa Bulletin for September 2018. In addition to final action dates and dates for filing applications, the bulletin also includes notes on the diversity visa cut-offs, Special Immigrant translator visa availability, and retrogression of September employment-based final action dates.
The U.S. Department of State has released the Visa Bulletin for September 2018. In addition to final action dates and dates for filing applications, the bulletin also includes notes on the diversity visa cut-offs, Special Immigrant translator visa availability, and retrogression of September employment-based final action dates.
USCIS has advised that in September, family-based preference filings must use the dates for filing chart and employment-based preference filings must use the final action dates chart.
To view the full Bulletin, please visit:
https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-september-2018.html
To discuss your immigration goals, please contact us at theteam@huwelaw.com or 415-496-9040.
July 2018 Visa Bulletin Released
The U.S. Department of State has released the Visa Bulletin for July 2018. In addition to the final action dates and dates for filing charts, the bulletin also includes notes on the diversity visa cut-offs, special immigrant translator visa availability, and retrogression of several employment-based final action dates.
The U.S. Department of State has released the Visa Bulletin for July 2018. In addition to the final action dates and dates for filing charts, the bulletin also includes notes on the diversity visa cut-offs, special immigrant translator visa availability, and retrogression of several employment-based final action dates.
USCIS has advised that in July, family-based preference filings must use the dates for filing chart and employment-based preference filings must use the final action dates chart.
To view the full Bulletin, please visit:
https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-july-2018.html
To discuss your immigration goals, please contact us at theteam@huwelaw.com or 415-496-9040.
TPS to end for Honduras
On May 4, 2018, the U.S. Department of Homeland Security (DHS) announced that it would be terminating the TPS designation for Honduras. The approximately 90,000 Honduran citizens who are currently present in the U.S. in TPS have until January 5, 2020 to either depart or to find another way to remain here lawfully under our immigration laws.
On May 4, 2018, the U.S. Department of Homeland Security (DHS) announced that it would be terminating the TPS designation for Honduras. The approximately 90,000 Honduran citizens who are currently present in the U.S. in TPS have until January 5, 2020 to either depart or to find another way to remain here lawfully under our immigration laws. You can read more here:
https://www.cnn.com/2018/05/04/politics/immigration-tps-honduras/index.html
For someone from Honduras who has been residing in the U.S. in TPS for decades, this may be a terrifying prospect. The good news is that other legal immigration avenues may be available for a person in this situation. For example, if an individual is married to a U.S. citizen, one option may be an application for permanent residency (a “green card”) with the spouse serving as the sponsor. If the individual has been a victim of crime while in the U.S., they may be eligible for a U visa, which is a path to a green card.
It is important to meet with an immigration attorney as soon as possible to learn about the viability and risks and benefits of other immigration paths. Please contact us at theteam@huwelaw.com or 415-496-9040 to schedule an initial legal evaluation.
May 2018 Visa Bulletin Released
The U.S. Department of State has released the Visa Bulletin for May 2018. In addition to filing and filing action dates, the Bulletin also includes notes on the diversity visa cut-offs, special immigrant translator visa availability, and oversubscription of the Vietnam EB-5 category.
The U.S. Department of State has released the Visa Bulletin for May 2018. In addition to filing and filing action dates, the Bulletin also includes notes on the diversity visa cut-offs, special immigrant translator visa availability, and oversubscription of the Vietnam EB-5 category.
USCIS has not yet advised whether in May, it will be accepting adjustment of status and immigrant visa applications based on filing dates or final action dates.
To view the full Bulletin, please visit:
https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-may-2018.html
To discuss your immigration goals, please contact us at theteam@huwelaw.com or 415-496-9040.
