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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.

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.

April 2018 Visa Bulletin Released

The U.S. Department of State has released the Visa Bulletin for April 2018. In addition to filing and filing action dates, the Bulletin also includes information on diversity visa cut-offs, the special immigrant translator visa availability, over-subscription of the China-mainland born and India EB-1 categories, and visa availability in the Vietnam EB-5 category.

USCIS has advised that in April, it will be accepting adjustment of status applications based on filing dates for family-based cases, and final action dates for employment-based cases.

To view the full Bulletin, please visit:

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-april-2018.html

To discuss your immigration goals, please contact us at theteam@huwelaw.com or 415-496-9040.

March 2018 Visa Bulletin Released

The U.S. Department of State has released the Visa Bulletin for March 2018. In addition to filing and filing action dates, the Bulletin also includes information on diversity visa cut-offs, the special immigrant translator visa availability, visa availability in the Vietnam employment fifth preference category, and the scheduled expiration of two employment visa categories.

USCIS has not yet advised whether in March, it will be accepting adjustment of status applications based on filing 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-march-2018.html

To discuss your immigration goals, please contact us at theteam@huwelaw.com or 415-496-9040.

February 2018 Visa Bulletin Released

The U.S. Department of State has released the Visa Bulletin for February 2018. In addition to filing and filing action dates, the Bulletin includes information on includes information on the diversity visa cut-offs, the Special Immigrant translator visa availability, the scheduled expiration of two employment visa categories, and visa availability in the coming months.

USCIS has advised that in February, it will be accepting adjustment of status applications based on filing dates for family-based cases. However, final action dates must be used for employment-based cases.

To view the full Bulletin, please visit:

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-february-2018.html

To discuss your immigration goals, please contact us at theteam@huwelaw.com or 415-496-9040.

TPS Ending for El Salvador

On November 10, 2017, and November 22, 2017, we posted on Temporary Protected Status (TPS) ending for Nicaragua and Haiti. 

Last week the U.S. Department of Homeland Security (DHS) announced that it would be terminating the TPS designation for El Salvador as well. The nearly 200,000 Salvadorans who are currently present in the U.S. in TPS have until September 9, 2019 to either depart or to find another way to remain here lawfully under our immigration laws. You can read more here:

https://www.nytimes.com/2018/01/08/us/salvadorans-tps-end.html

For someone from El Salvador who has been residing in the U.S. in TPS for years, 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.

January 2018 Visa Bulletin Released

The U.S. Department of State has released the Visa Bulletin for January 2018. In addition to filing and filing action dates, the Bulletin includes information on the diversity visa cut-offs, the Special Immigrant translator visa availability, and the scheduled expiration of two employment visa categories.

USCIS has advised that in January it will be accepting adjustment of status applications based on filing dates for family-based cases. However, final action dates must be used for employment-based cases.

To view the full Bulletin, please visit:

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-january-2018.html

To discuss your immigration goals, please contact us at theteam@huwelaw.com or 415-496-9040.

 

 

Update: TPS to End for Haiti

On November 10th, we posted on Temporary Protected Status (TPS) ending for Nicaragua, and hypothesized that it could soon be terminated for Haiti as well.

This week the U.S. Department of Homeland Security (DHS) announced that yes, it would be terminating the TPS designation for Haiti. The nearly 60,000 Haitians who are currently present in the U.S. in TPS have until July 22, 2019 to either depart or to find another way to remain here lawfully under our immigration laws. You can read more here:

https://www.washingtonpost.com/world/national-security/trump-administration-to-end-provisional-residency-protection-for-50000-haitians/2017/11/20/fa3fdd86-ce4a-11e7-9d3a-bcbe2af58c3a_story.html?utm_term=.fcdda4c98b5b

For someone from Haiti who has been residing in the U.S. in TPS for years, 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.

December 2017 Visa Bulletin Released

The U.S. Department of State has released the Visa Bulletin for December 2017. This Bulletin includes information on the diversity visa cut-offs, the Special Immigrant translator visa availability, the retrogression of Philippines family-sponsored preference categories, and the scheduled expiration of two employment visa categories.

USCIS has advised that in December it will be accepting adjustment of status applications based on filing dates for family-based cases. However, final action dates must be used for employment-based cases.

To view the full Bulletin, please visit:

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2018/visa-bulletin-for-december-2017.html

To discuss your immigration goals, please contact us at theteam@huwelaw.com or 415-496-9040.

TPS Ending for Nicaragua: Are Haiti and El Salvador Next?

This week the U.S. Department of Homeland Security (DHS) announced that it would be terminating the Temporary Protected Status (TPS) designation for Nicaragua. Nicaraguans who are currently present in the U.S. in TPS have until January 5, 2019 to either depart or to find another way to remain here lawfully under our immigration laws.

Due to recent rhetoric from the Trump administration, many believe this signals the beginning of a dismantling of the entire TPS program. The program allows immigrants from countries that have been designated as temporarily unsafe, due to ongoing armed conflict, natural disaster, or some other extraordinary and temporary condition, to live and work in the U.S. for a specific time period. Since the program’s inception in 1990, the U.S. has granted TPS to immigrants from ten countries, in many instances repeatedly renewing the designation over a period of a decade or more.

The current TPS designations for Haiti and El Salvador are set to expire in January and March 2018, respectively. Both are under review, and it is possible that DHS will soon announce the termination of TPS for immigrants from these countries. If termination occurs, it is unclear whether recipients will be given extra time in TPS beyond the current expiration date.

For someone from one of these countries who has been residing in the U.S. in TPS for years, 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.

November 2017 Visa Bulletin Released

The Department of State has released the visa bulletin for November 2017. 

USCIS has advised that next month it will accept adjustment of status applications for family-based preference filings based on the filing dates chart, but that the final action dates chart must be used for employment-based preference filings.

To see the full bulletin, please visit:

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2018/visa-bulletin-for-november-2017.html

To discuss your immigration goals, please contact us at theteam@huwelaw.com or 415-496-9040.

 

 

New 90 Day Rule Replaces 30/60 Day Rule for Nonimmigrants Who Marry After Entry into the U.S.

A new 90 Day Rule has now replaced the prior 30/60 Day Rule in the Foreign Affairs Manual (FAM). Immigration officers at U.S. consulates and ports of entry around the world use the FAM as guidance when issuing visas and admitting foreign nationals to the U.S.

Previously, the FAM included a “30/60 Day Rule.” The rule was meant to guide officers in determining whether someone who entered the U.S. using a nonimmigrant visa (such as a B1/B2 visitor’s visa, an F-1 student visa, or a J-1 exchange visitor’s visa), and later married a U.S .citizen and applied for adjustment of status (a “green card”), misrepresented their intent at entry. There was a presumption of misrepresentation if the individual married a citizen and applied for the green card within 30 days of entry.

On September 1, 2017, the prior 30/60 Day Rule was eliminated, and a new 90 Day Rule was created. There is now a presumption of misrepresentation if an individual enters the U.S. and marries a U.S citizen and applies for a green card within 90 days of entry.

This new rule has potentially significant consequences. If a finding of misrepresentation is made, an individual can be barred from obtaining a green card through marriage.

As of this time this change has been made in the FAM only, which means that USCIS officers who decide adjustment of status (green card) cases here in the U.S. will not be following the new rule. However, we expect that soon the regulations for USCIS officers will also be updated with this new guidance.

Therefore, at this time it is more important than ever to consult with an immigration attorney before deciding to marry a U.S. citizen and to apply for a green card here in the U.S. At Hurtubise Weber Law, we are experienced in this area and can provide you with the knowledge and expertise necessary to ensure a smooth transition to becoming a U.S. permanent resident. Please contact us at theteam@huwelaw.com or 415-496-9040 to schedule an initial legal evaluation.

September 2017 Visa Bulletin Released

 

The Department of State has released the visa bulletin for September 2017. This bulletin includes notes regarding the retrogression of family preference final action dates, the determination of the numerical limits on immigrants, and reporting address changes for cases being processed overseas.

USCIS has advised that in September 2017 it will accept adjustment of status applications for both family and employment-based petitions based on final action dates only.

To see the full bulletin, please visit:

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2017/visa-bulletin-for-september-2017.html

To discuss your immigration goals, please contact us at theteam@huwelaw.com or 415-496-9040.

 

Partner Isabelle Hurtubise Attends "How to Accelerate Your Start-Up" Presentation

On May 3, 2017, Partner Isabelle Hurtubise attended the "How to Accelerate Your Start-Up" presentation hosted by PLUG TechLink in San Francisco. At the presentation successful Polish tech entrepreneurs and top accelerator program graduates discussed different U.S. programs, from application through post-graduation mentorship and funding.

HuWeLaw is committed to serving foreign entrepreneurs, and part of that is understanding the current challenges and opportunities for our clients even outside of immigration law.  If you are seeking advice and representation regarding your new business venture, please contact us at theteam@huwelaw.com.

May 2017 Visa Bulletin Released

The Department of State has released the Visa Bulletin for May 2017. 

This Bulletin contains notes on availability in employment-based preference categories, the scheduled expiration of the employment-based, fourth preference certain religious workers category and the employment-based, fifth preference categories, and the expectation that the Special Immigrant Visas allocated for Afghan nationals employed by or on behalf of the U.S. government in Afghanistan will be exhausted by June 1, 2017. USCIS has not yet advised whether it will accept adjustment of status applications for family or employment-based petitions based on filing dates rather than final action dates.

To view the full Bulletin, go to:

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2017/visa-bulletin-for-may-2017.html

For information regarding your specific immigration options, please contact us at theteam@huwelaw.com.

December 2016 Visa Bulletin Released



The Department of State has released the Visa Bulletin for December 2016. 

This month's Bulletin includes information about the scheduled expiration of two employment visa categories, as well as projections on future employment-based visa availability.

To see the full Bulletin, please visit:

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2017/visa-bulletin-for-december-2016.html

USCIS has also just announced that applicants in the family-sponsored and employment-based, first through fourth preference categories may use the Dates for Filing Visa Applications chart, which is great news for many applicants!

To discuss your immigration goals, please contact us at TheTeam@huwelaw.com.


USCIS to Increase Immigration Fees in December 2016


USCIS has announced that immigration application fees will increase on December 23rd, 2016. 

The average increase in fee is 21%. However, some fees will remain the same, while others will increase significantly. For example:


  • The fee for a Petition for Alien Relative will increase from $420 to $535
  • The fee for a Petition for Alien Fiance will increase from $340 to $535
  • The fee for a Petition for an Application to Adjust Status (a "green card") will increase from $985 to $1140
  • The fee for an Application for Naturalization will increase from $595 to $640
  • The fee for an Application for Employment Authorization will increase from $380 to $410


For more information, please visit:

https://www.uscis.gov/news/news-releases/uscis-announces-final-rule-adjusting-immigration-benefit-application-and-petition-fees


To discuss your immigration options, please contact us at TheTeam@huwelaw.com.

November 2016 Visa Bulletin Released


The U.S. Department of State has released the Visa Bulletin for November 2016 and has announced that almost all applicants can use the Dates for FiIing chart rather than the Final Action Date chart, which is great news for those with a current priority date for filing!

This Bulletin includes a reminder to Diversity Visa 2017 lottery entrants to check their status using their unique confirmation number on the Entrant Status Check (ESC) website.

To see the entire Bulletin, please visit:

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2017/visa-bulletin-for-november-2016.html

To explore your immigration options, please contact us at TheTeam@huwelaw.com.

October 2016 Visa Bulletin Released


The U.S. Department of State has released the Visa Bulletin for October 2016. 

There was some forward movement in the Final Action Dates for most family-based categories. USCIS has indicated that they may allow family-based applicants to use the Dates for Filing this month, although they have yet to officially confirm that.

There was also forward movement in the Final Action Dates for certain employment-based categories. This includes EB-1 India, which advanced to current, EB-2 India, which advanced to January 15, 2007, EB-2 China, which advanced to February 15, 2012, and EB-3 China, which advanced to January 22, 2013. 

To see the entire Bulletin, please visit:

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2017/visa-bulletin-for-october-2016.html

To explore your immigration options, please contact us at TheTeam@huwelaw.com.


September 2016 Visa Bulletin Released


The U.S. Department of State has released the Visa Bulletin for September 2016. There was forward movement in the final action dates for the employment-based second and third preference categories for India, which advanced to February 22, 2005, and February 15, 2005, respectively. 

To see the entire Bulletin, please visit:
https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2016/visa-bulletin-for-september-2016.html

To speak with us about your specific situation, please contact us at theteam@huwelaw.com.

August 2016 Visa Bulletin Released



The Department of State has released the Visa Bulletin for August 2016. 

United States Citizenship and Immigration Services (USCIS) has announced that all applicants are required to use the final action dates posted:

https://www.uscis.gov/visabulletin-aug-16

The Bulletin includes final action dates for the employment-based, fourth preference and certain religious workers preference categories for India, which has reached its congressionally mandated EB-4 visa limit for Fiscal Year 2016. As of August 1, 2016, applicants from India who filed the Form I-360 on or after January 1, 2010 will not be eligible for an immigrant visa or to adjust status until new visas become available in October.

To see the full Bulletin, please visit:

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2016/visa-bulletin-for-august-2016.html

To learn more about your immigration options, please contact us at theteam@huwelaw.com.