Can You Apply for a Green Card Next Month? Check the May Visa Bulletin!
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in May.
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 2020 to see if your priority date will be current next month.
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in May.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is fully operational and here for you during this challenging time.
Contact us at theteam@huwelaw.com or 415-496-9040 today.
Trump's Executive Order Temporarily Suspending Immigration is Narrowly Tailored
Much has been made of an executive order issued on Wednesday that limits immigration to the US - President Trump and some news media have made the Order into a bigger deal than it is, saying that it suspends all legal US immigration.
Much has been made of an executive order issued on Wednesday that limits immigration to the US - President Trump and some news media have made the Order into a bigger deal than it is, saying that it suspends all legal US immigration.
In reality, the Order is narrowly tailored. It suspends the issuance of immigrant visas at consulates abroad, for 60 days. Period.
The Order applies only to intending immigrants (versus nonimmigrants) who are currently abroad. It includes exceptions for the spouses and children under 21 of US citizens, immigrants coming to work in health care professions and other jobs that help address COVID-19, EB-5 foreign investors, military members and their spouses and children, anyone whose entry is deemed to be in the national interest, and several other categories. It does not affect those requesting issuance of a nonimmigrant visa, such as an H-1b or B1/B2 visa.
The Order does not affect anyone currently here in the US seeking adjustment of status (a "green card") or a change or extension of status (for example from an F-1 to an H-1b visa).
USCIS and the Department of State will continue to process applications as usual, with the caveat that no new immigrant visas will be issued for the next 60 days. If you are seeking assistance with a green card or employment-based visa, please contact us today. We are here for you!
New Immigration Green Card Public Charge Rule Takes Effect on February 24th, 2020
A new government regulation that will affect green card applicants takes effect on February 24th, 2020. Here is what you need to know.
A new government regulation that will affect green card applicants takes effect on February 24th, 2020. Here is what you need to know.
Under immigration law, in general someone who is deemed likely to become a "public charge" is barred from receiving a green card.
What is a public charge?
The current rule defines a public charge as someone likely to become primarily dependent on the government for income support. The new rule redefines a public charge as a person likely to receive "public benefits" for more than 12 months over any 36-month period in the future.
What are considered "public benefits" under the new rule?
Any federal, state, local, or tribal cash assistance for income maintenance (e.g. SSI, TANF), federal, state, and local cash benefits programs for income maintenance, SNAP, Section 8 housing and public housing under Section 9, and Medicaid (with certain exceptions).
How will the government determine whether someone is likely to receive public benefits for more than 12 months over any 36-month period in the future?
A totality of circumstances test will be used. Factors considered will be age, health, family status, education and skills, and assets, resources, and financial status, taking into account a broad range of positive and negative factors. Heavily weighted negative factors will include receipt of public benefits in the past (but after the date the rule goes into effect). Heavily weighted positive factors will include having a high household income (at least 250% of the federal poverty level) and having private health insurance.
Will this change mean more paperwork?
Yes. There will be additional paperwork required in order for the government to assess the likelihood of a green card applicant becoming a public charge.
Implementation of the new rule will be messy. Contact us today for expert assistance at 415-413-8760 or theteam@huwelaw.com.
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.
TPS Extended for El Salvador through January 4, 2021
The Trump administration has announced that it is extending the validity of TPS work permits for Salvadorans with TPS through January 4, 2021. In addition, it will provide Salvadorans with TPS "an additional 365 days after the conclusion of TPS-related lawsuits to repatriate to their home country."
Do you have TPS? Find out whether you are eligible to apply to adjust status (apply for your "green card"). Contact us today at theteam@huwelaw.com or 415-413-8760.
