Can You Apply for a Green Card Next Month? Check the May 2021 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 2021 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 May 2021 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. USCIS has stated that the Dates for Filing chart may be used for all family-sponsored applicants, except that F2A applicants may file using the Final Action Dates chart. All employment-based adjustment applicants must use the Final Action Dates chart.
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.
Pitfalls When Sponsoring a Parent for a Green Card, Updated
Are you looking to sponsor a parent for a green card? The process can be trickier than you think.
Editor’s Note: this post was originally published in April, 2019 and has been completely updated for accuracy and comprehensiveness.
Are you looking to sponsor a parent for a green card? The process can be trickier than you think.
In addition to all of the possible issues that can come up when sponsoring any relative for a green card (see our blog post “Why you need a lawyer for your marriage-based green card case” dated May 24th, 2018), there are a number of things to watch out for when sponsoring a parent specifically.
1. You must be a U.S. citizen to sponsor a parent for a green card.
A common misconception is that a lawful permanent resident can sponsor a parent for a green card. That is not the case. You must first obtain U.S. citizenship in order to sponsor your parent.
2. A lawful entry to the U.S. is generally required for someone residing in the U.S. to be eligible to obtain a green card.
Commonly a parent of a U.S. citizen entered the U.S. many years ago, without a visa. In this scenario, that parent is not eligible for a green card through sponsorship by a U.S. citizen child, unless they can prove substantial hardship to a qualifying U.S. citizen or permanent resident relative. Because a child is not considered a qualifying relative, this is impossible in many cases.
If this is true for your parent, then there may be another way for them to get their green card.
3. If your parent entered the U.S. lawfully as a visitor, but has only been here a short time, their intent at entry will be scrutinized.
Entering the U.S. with a visitor’s visa with the intent to remain permanently can be considered visa fraud. In this internet age, the U.S. government has access to more information than ever about a green card applicant, including social media accounts. It is important to consult an experienced immigration attorney to ensure that there is no indication of a misrepresentation at the time of entry.
4. Immigration officers now have more discretion in deciding whether to approve a green card application, and are directed to consider all possible factors including prior immigration violations, history of education and employment in the US, and current US investment or property ownership.
This may make the process more challenging for an elderly parent of a US citizen who has possibly overstayed a visa in the US and has never worked or owned property in the US.
How can Hurtubise Weber Law help? We have extensive experience representing U.S. citizens who sponsor their parents for green cards.
Contact us for a free 15 minute phone call to learn more about the process: theteam@huwelaw.com or 415-496-9040.
Green Card Public Charge Wealth Test Eliminated
We are writing with positive news for adjustment of status green card applicants - the public charge "wealth test" is no longer required as part of the green card process!
We are writing with positive news for adjustment of status green card applicants - the public charge "wealth test" is no longer required as part of the green card process!
The wealth test required USCIS officers to apply a totality of circumstances analysis to determine whether an applicant would be likely to become a public charge in the future. They were directed to review factors such as the applicant's age, health, family status, education and skills, and assets, resources, and financial status. You can find out more about the now defunct rule on our post from September 5, 2019 here: Defunct Rule: Green Card Public Charge Rule.
This totality of circumstances analysis is no longer required. Moving forward, officers are directed to apply the old public charge analysis that was created in year 1999. The old analysis focuses heavily on whether the green card applicant has a valid sponsor, and only allows for minimal discretion by the adjudicating officer.
To learn more and get help with your green card application, please contact us at 415-413-8760 or theteam@huwelaw.com.
Can You Apply for a Green Card Next Month? Check the March 2021 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 March 2021 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 2021 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. USCIS has stated that the Dates for Filing chart may be used for all family-sponsored applicants, except that F2A applicants may file using the Final Action Dates chart. All employment-based adjustment applicants must use the Final Action Dates chart.
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.
A Pathway to Citizenship for Dreamers?
Deferred Action for Childhood Arrivals, or DACA, is a means of getting employment authorization for many in your situation. However, it is not a pathway to permanent residency (a "green card") or US citizenship.
Are you an undocumented "Dreamer" who was brought into the US as a child?
Deferred Action for Childhood Arrivals, or DACA, is a means of getting employment authorization for many in your situation. However, it is not a pathway to permanent residency (a "green card") or US citizenship. Currently there is no such pathway, independent of potential sponsorship by an immediate relative. The Dream Act of 2021 is meant to change that.
Last Thursday, February 4th, Senators Dick Durbin, D-Ill., and Lindsey Graham, R-S.C. introduced this bill in the US Senate. Similar legislation was first introduced in 2001. If passed into law, the bill would give some young, undocumented immigrants brought to the U.S. as children, assuming that they are able to pass certain background checks and are paying their taxes, a pathway to a green card and US citizenship.
It may be a while before we know whether the Dream Act of 2021 will become law. In the meantime, contact us at theteam@huwelaw.com or 415-496-9040 to see if you qualify for DACA or a green card through sponsorship by an immediate relative. We specialize in this area and would be happy to provide a free 15 minute consultation to see if we can help!
