F2A Category Flips to Current

Posted September 10, 2019

In a remarkable and welcome shift, the State Department and USCIS announced recently that the approximately two-and-one-half year Priority Date regression of the F2A family-preference category for spouses and children of permanent residents has advanced to a current Priority Date, as reflected in the final-action tables in the July, August and September 2019 Visa Bulletins.  Spouses and children of lawful permanent residents presently in valid non-immigrant status in the United States may submit concurrent I-130 and I-485 filings for Adjustment of Status.  Spouses and children abroad may apply for Immigrant Visas if they are beneficiaries of an approved I-130 Petition for Alien Relative with Priority Dates prior to the July 1, 2019 advancement.

Don’t delay, as the flood of Adjustment of Status and Immigrant Visa applications is likely to result in Priority Date regression in the upcoming October 2019 Visa Bulletin.

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Nepal Designated for Temporary Protected Status

Posted June 24, 2015

The Department of Homeland Security has announced that eligible citizens and nationals of Nepal may apply for Temporary Protected Status (TPS) with USCIS for a 180-day period between June 24, 2015 and December 21, 2015.  This temporary TPS designation is due to the devastating effects within the country of the 7.8 magnitude earthquake that struck on April 25, and subsequent aftershocks.

TPS status allows eligible Nepalese (and those without Nepalese nationality but who last habitually resided in Nepal) to stay in the United States for 18 months without fear of removal for immigration violations, and provides employment authorization.  Further information about TPS status can be found here.

Contact us today if you are a citizen or national of Nepal and wish to apply for, or better understand, Temporary Protected Status in the United States.

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Posted August 6, 2012

USCIS Releases Guidance on How to Apply For Deferred Action.

 

On August 6,  USCIS issued guidance on how the agency plans to accept requests from childhood arrivals for deferred action.

A critical requirement for Deferred Action relates to what constitutes a ‘significant misdemeanor.’  According to the guidance:

For the purposes of this process, a significant misdemeanor is a misdemeanor as defined by federal law (specifically, one for which the maximum term of imprisonment authorized is one year or less but greater than five days) and that meets the following criteria:

  1. Regardless of the sentence imposed, is an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or, driving under the influence; or,
  2. If not an offense listed above, is one for which the individual was sentenced to time in custody of more than 90 days. The sentence must involve time to be served in custody, and therefore does not include a suspended sentence.

USCIS will use a ‘totality of circumstances’ approach to analyzing an applicant’s criminal history.  This means reviewing arrest reports, and multiple misdemeanors, including warrants, etc.

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H-1B Cap Reached for FY 2012

Posted December 6, 2011

USCIS has announced that November 22, 2011 was the final date that petitions for H-1B specialty occupation visas would be accepted for employment to start during fiscal year 2012 (Oct. 1, 2011 through Sept. 30, 2012).  The annual statutory cap of 65,000 has been met for ‘new employment’ H-1B visas.  Further, as of October 19, 2011, USCIS had received more than 20,000 H-1B petitions filed on behalf of advance degree graduates of U.S. universities, representing the annual statutory maximum for that cap-exempt group.  Accordingly, until April 1, 2012 – at which time fiscal year 2013 H-1B petitions may be submitted – USCIS will only accept and process H-1B petitions filed under remaining cap-exempt categories, including petitions filed to:

  • Extend H-1B status for workers continuing U.S. employment with the same employer;
  • Change the terms of employment for H-1B workers continuing U.S. employment with the same employer;
  • Change U.S. employers for workers previously accorded H-1B status with a former employer; and
  • Obtain H-1B status for concurrent U.S. employment with a different U.S. employer.
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