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.
Trump Suspends Entry for Immigrants Burdening US Healthcare System
President Trump has issued a proclamation suspending entry of immigrants who "will financially burden the U.S. healthcare system."
What does the proclamation say? The proclamation states that with some exceptions, immigrants applying for a "green card" from outside the U.S. must prove at the time of their consular interview that they will be covered by approved (unsubsidized) health insurance within 30 days of entry into the United States, or that they possess the financial resources to pay for reasonably foreseeable medical costs.
When will the proclamation become effective? The new policy will go into effect on November 3, 2019.
Who does the proclamation affect? Anyone who is issued an immigrant visa on or after November 3, 2019, the effective date, will be subject to the new policy. The new policy does NOT affect those issued a temporary visa, including H-1B visa holders, L-1 intracompany transferees, and international students and scholars. It also does not affect refugees.
For more information and assistance with your immigrant visa, please contact us at theteam@huwelaw.com or 415-413-8760.
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!
Cheaper Than a Headhunter: Hire an Immigration Lawyer
According to this recent Time Magazine article, more and more tech companies are choosing to grow their businesses in Canada rather than in the U.S.: https://bit.ly/2k5AzRO
Why is that?
U.S. businesses are having a hard time remaining competitive and hiring the best talent. Employment-based immigration to the U.S. is complex and restrictive, and requires a deep understanding of U.S. law and policy. Employers often feel forced to undertake costly and time-consuming searches for potential employees who are already U.S. citizens or permanent residents because they do not feel competent to navigate our immigration system.
A good immigration lawyer is necessary to recruit the very best employees, wherever in the world they may happen to be.
Hurtubise Weber Law can help. We offer a complimentary call for employers looking to explore their options. Contact us today at 415-496-9040 or theteam@huwelaw.com to learn more.
New Green Card Public Charge Rule: Are You Prepared?
A new government regulation that will affect green card applicants is scheduled to go into effect on October 15th. 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.
A new government regulation that will affect green card applicants is scheduled to go into effect on October 15th. 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.
Will the government consider benefits that an applicant received before the new rule goes into effect? No. The government will not consider benefits received before the new rule goes into effect when using the totality of circumstances test.
Is this change certain to go into effect on October 15th? No. Nearly 20 states have filed lawsuits attempting to halt the implementation of the new rule. It is possible that a court will issue an injunction preventing the rule from going into effect on its scheduled date.
If I qualify to apply for a green card now, should I submit my application prior to October 15th? Yes! You can avoid the new rule entirely if you submit your green card application before it goes into effect. Contact us
today at 415-496-9040 or theteam@huwelaw.com for a free 15 minute phone call to get started.
