Can You Apply for a Green Card Next Month? Check the October 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 October 2020 to see if your priority date will be current next month.
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 October 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 October.
More good news: Final action dates for employment-based 1st, 2nd, 3rd, and Other Workers preference categories will become current for all countries except for China and India.
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.
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.
The Confusing State of DACA
Update from the Department of Homeland Security ("DHS") Acting Secretary Chad Wolf issued a memo…
UPDATE: As of December 7, 2020, to comply with a recent court order, DHS has restored DACA to its original form and is now accepting new DACA and advance parole applications. Please contact us today at theteam@huwelaw.com or 415-849-1199 for assistance!
On Tuesday, July 28th, Department of Homeland Security ("DHS") Acting Secretary Chad Wolf issued a memo instructing DHS to:
Reject all initial requests for DACA and associated applications for Employment Authorization Documents,
Reject new and pending requests for advanced parole absent exceptional circumstances, and
Limit the period of renewed deferred action granted pursuant to the DACA policy after the issuance of this memorandum to one year.
This announcement was made despite recent US Supreme Court and federal district court orders instructing the federal government to reinstate the DACA program as it was initially designed and to again accept DACA applications for initial applicants.
Due to the federal government's apparent defiance of these court orders, DACA is currently in a limbo state. Class action lawsuits have been brought on behalf of initial DACA applicants whose applications will now be rejected.
What does this announcement mean in practice?
If you are an initial applicant for DACA, or a DACA recipient who has recently applied for advance parole, your applications will likely be rejected and returned to you. Pending litigation may result in the applications eventually being accepted, but only time will tell.
If you are in this situation, you may have other options under immigration law. Contact us at theteam@huwelaw.com or 415-849-1199 to find out if we can help.
Guidance for F-1 Students Enrolled in US Schools
Since the pandemic began, COVID-19 has disproportionately impacted immigrants in numerous ways. The latest issue facing our clients is the government's evolving policies regarding distance learning for F-1 students enrolled in US schools.
Since the pandemic began, COVID-19 has disproportionately impacted immigrants in numerous ways. The latest issue facing our clients is the government's evolving policies regarding distance learning for F-1 students enrolled in US schools.
Per normal government regulations and policy, F-1 students are allowed to study remotely in only very limited circumstances. Due to the need for many schools to operate partially or fully remotely during this unprecedented time, on March 9th Immigration and Customs Enforcement (ICE) released updated guidelines for F-1 students during the pandemic. They created separate rules for continuing vs. initial F-1 students. After some recent back-and-forth, ICE has stated that the March 9th guidelines will remain in effect for the Fall semester. This means that an F-1 student who was actively enrolled in school as of March 9th (whether they are currently inside or outside of the US) can study remotely. However, a student not enrolled as of March 9th, and who is outside of the US seeking a visa, can not. The updated guidance is silent on whether someone who is already lawfully in the US - for example in H-1b visa status - can be approved for a change to F-1 student status.
Guidance for Continuing Students:
As stated in the March 2020 guidance, active F students will be permitted to temporarily count online classes towards a full course of study. The March 2020 guidance applies to continuing F nonimmigrant students who were in valid F-1 nonimmigrant status on March 9, 2020, including those previously enrolled in entirely online classes who are outside of the United States and seeking to re-enter the country this fall. Students actively enrolled at a U.S. school on March 9, 2020, who subsequently took courses online while outside of the country can re-enter the United States, even if their school is engaged solely in distance learning.
Guidance for Initial Students:
In accordance with March 2020 guidance, F students in new or initial status after March 9, 2020, will not be able to enter the United States to enroll in a U.S. school as a nonimmigrant student for the fall term to pursue a full course of study that is 100 percent online. Also consistent with the SEVP Broadcast Message dated March 9, 2020, designated school officials should not issue a Form I-20, “Certificate of Eligibility for Nonimmigrant Student Status,” for a student in new or initial status who is outside of the United States and plans to take classes at an SEVP-certified educational institution that is operating 100 percent online.
Due to the evolving nature of the situation, we urge our clients to consult with us before deciding on a course of action based on the new rules. Please contact us at theteam@huwelaw.com or 415-849-1199 for assistance.
US Immigration in the Time of COVID-19
This is a challenging time for all of us, living in a COVID-19 world. For immigrants with an application in process, or ready to begin an application, it can be especially unsettling. We are here to help.
This is a challenging time for all of us, living in a COVID-19 world. For immigrants with an application in process, or ready to begin an application, it can be especially unsettling. We are here to help.
We are keeping current on legal and policy changes so you don't have to. Below is an update on where we are today:
Our government is still processing immigration applications and accepting new filings.
However all USCIS offices within the U.S. remain closed to the public until at least early May, so upcoming biometrics and interview appointments are being automatically rescheduled for a later date. U.S. embassies and consulates around the world are closed or offering reduced services to the public, so visa interviews abroad are being rescheduled.
Travel restrictions are being enforced regarding travel to and from many countries. If you have a relative who is currently stuck in the U.S. on a nonimmigrant visa, they may be able to apply to extend or change their status.
Premium processing remains suspended for all employment-based immigration applications, such as H-1b, L-1, and O-1 visas.
In other (good) news, USCIS is extending the deadline for responding to a request for evidence in certain cases. They are also now accepting scanned signatures for all applications.
If you need assistance with a green card sponsored by a family member, naturalization, or an employment-based visa or green card, contact us today to get started: theteam@huwelaw.com or 415-496-9040.
U.S. Department of State Visa Bulletin for April 2020
You can check the U.S. Department of State Visa Bulletin for April 2020 to see if your priority date will be current next month.
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 April 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 April.
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 415-548-7067 today.
Can You Apply for a Green Card Next Month? Check the March Visa Bulletin!
You can check the U.S. Department of State Visa Bulletin for March 2020 to see if your priority date will be current next month.
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 March 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 March.
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 Next Month? Check the February 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 February 2020 to see if your priority date will be current next month.
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 February 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 February.
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 next month? Check the December 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 December 2019 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 December.
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.
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.
Can you apply for a green card next month? Check the November 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 November 2019 to see if your priority date will be current next month.
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 November.
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.
F2A Immigration Category Remains Current for October
The October 2019 Visa Bulletin has just been released, and the F2A preference category, for the spouses and children of permanent residents, will remain current across all countries throughout the month of October.
If you are the spouse or child of a permanent resident who has been lawfully residing in the U.S., this means that you are eligible to submit the I-130 Petition for Alien Relative and I-485 Application to Adjust Status concurrently. Alternatively if your permanent resident spouse or parent has already filed an I-130 Petition on your behalf, then you are eligible to submit the I-485 application for your green card.
Assembling the required documentation for a green card application takes time. Contact us today at theteam@huwelaw.com or 415-496-9040 to get started now!
Why your green card or naturalization interview could now be scheduled farther from home
A new government policy makes it possible for your green card or naturalization interview to be scheduled outside of your normal USCIS jurisdiction.
A new government policy makes it possible for your green card or naturalization interview to be scheduled outside of your normal USCIS jurisdiction.
There are currently large backlogs in some areas of the country in the processing of applications to adjust status (green card) applications, and applications for naturalization. This is causing a big discrepancy in processing times based on where an applicant resides. To help ensure more uniformity across the nation, USCIS has announced that it will begin shifting caseloads between field offices. That means that your green card or citizenship interview may now be scheduled earlier, but at a USCIS office located farther from home. USCIS has stated that the change will not affect the location of biometrics appointments.
For assistance with your green card or citizenship application in any jurisdiction, please contact us at theteam@huwelaw.com or 415-496-9040.
CBP Announces e-SAFE Pilot Program for Online Filing of Waiver Applications
U.S. Customs and Border Protection (CBP) has announced a new online system - the Electronic Secured Adjudication Forms Environment, known as e-SAFE.
The new system will allow for the electronic filing of certain waiver applications. Specifically, it allows Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, and Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal, to be submitted online for citizens of specified visa exempt countries including Canada, Palau, the Federated States of Micronesia and the Marshall Islands. These waiver applications are for nonimmigrants who have been found inadmissible and who are otherwise barred from entry to the U.S.
Applicants will be able to view their application status, submit additional information if requested, and ultimately learn the outcome of their online waiver application through this system.
Need help with your waiver application?
Contact us today at theteam@huwelaw.com, or 415-496-9040.
USCIS announces the beginning of “eProcessing”
U.S. Citizenship and Immigration Services (USCIS) has recently announced that it will begin “eProcessing” cases. The official announcement states that “eProcessing will be a complete digital experience, from applying for a benefit, to communicating with USCIS, through receiving a decision on a case.” The hope is that this new system will “improve decision timeliness, increase transparency during the application process, and accelerate the availability of online filing for all immigration benefits.”
U.S. Citizenship and Immigration Services (USCIS) has recently announced that it will begin “eProcessing” cases. The official announcement states that “eProcessing will be a complete digital experience, from applying for a benefit, to communicating with USCIS, through receiving a decision on a case.” The hope is that this new system will “improve decision timeliness, increase transparency during the application process, and accelerate the availability of online filing for all immigration benefits.”
The first step in this transition is to allow certain nonimmigrants applying for a change of status or an extension of status to do so online.
Historically major changes in the processing system have been implemented slowly, over the course of many months or years. We expect that this will be the case here as well, and that the transition may be a bumpy one. Contact us at theteam@huwelaw.com or 415-496-9040 to learn more.
Can you apply for a green card this month? Check the April 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 April 2019 to see if your priority date is current this month.
USCIS has determined that in April, 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.
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.
Are you ready for H-1b season?
Employers growing their business need the best talent, and sometimes that talent needs a visa. The 2018 H-1b season was brutal - USCIS applied unprecedented levels of scrutiny and issued burdensome Requests for Evidence. The stop on premium processing and extraordinary processing delays left businesses and applicants in an often untenable limbo. Some applications are still pending.
Employers growing their business need the best talent, and sometimes that talent needs a visa. The 2018 H-1b season was brutal - USCIS applied unprecedented levels of scrutiny and issued burdensome Requests for Evidence. The stop on premium processing and extraordinary processing delays left businesses and applicants in an often untenable limbo. Some applications are still pending.
This season, we are front loading our applications with legal arguments against the novel and specious ones USCIS used last year. We are also providing additional evidence they claim they now want. Finally, we are working with our clients to develop a plan B for their candidates - even if the application is selected for the lottery. We are ready. Are you?
Contact us today to get started: 415-496-9040 or TheTeam@HuWeLaw.com
Make it your 2019 resolution to become a U.S. citizen!
If you are a lawful permanent resident (green card holder), now is the time to take that next step to become a U.S. citizen.
Our government is targeting immigrants in the U.S., even lawful permanent residents. It has become challenging for permanent residents to reenter the U.S. after foreign travel - many of our clients tell us that they have been interrogated for hours at the airport in “secondary inspection” and their phones taken and searched. Others are concerned about being (wrongfully) placed into deportation proceedings due to a minor criminal conviction in their past.
If you are a lawful permanent resident (green card holder), now is the time to take that next step to become a U.S. citizen.
Our government is targeting immigrants in the U.S., even lawful permanent residents. It has become challenging for permanent residents to reenter the U.S. after foreign travel - many of our clients tell us that they have been interrogated for hours at the airport in “secondary inspection” and their phones taken and searched. Others are concerned about being (wrongfully) placed into deportation proceedings due to a minor criminal conviction in their past.
The current average processing time for a naturalization application in the San Francisco Bay Area is 15 months, and it is only expected to increase.
We can help ensure that your application is done right, and filed as soon as possible to give you your best chance of voting in the 2020 election.
Contact us today at 415-496-9040 or TheTeam@HuWeLaw.com to get started!
