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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USCIS Aims to Decrease Processing Times for Common Benefit Applications

Posted July 30, 2019

In an effort to decrease historically high processing times for applications for naturalization and adjustment of status, USCIS announced recently they are implementing a national strategy that will involve transferring files from overworked field offices to nearby regional offices that carry less of a workload.  For example, San Francisco applicants may receive Request for Evidence (RFE) or interview notices in Sacramento, or Los Angeles applicants may receive RFE or interview notices in San Bernardino.

Despite the inconvenience to some this may cause, it comes as welcome relief to many attorneys, USCIS officers and some applicants who will experience reduced wait times.  Read about the USCIS efforts here.

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USCIS to Toughen EB-5 Standards

Posted July 24, 2019

Effective November 21, 2019, USCIS will implement tougher standards for the EB-5 Immigrant Investor program.  Among the highlights:

  • An increase from $1 million to $1.8 million as the minimum qualifying investment;
  • Eliminating states’ ability to gerrymander high-unemployment areas;
  • Requiring certain derivative family members to independently petition to remove conditions on residence; and
  • Allowing repeat EB-5 petitioners to retain their initial Priority Date.

Continue reading »

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USCIS to Require Fingerprinting of Extension/Change of Status Applicants

Posted February 14, 2019

USCIS has announced a significant procedural change in how applications for extension or change of nonimmigrant status are processed.  As of March 11, 2019, all applicants for extension or change of nonimmigrant status using form I-539 will be required to pay the $85 biometrics services fee in conjunction with the filing of an I-539 application.  Applicants will then be issued biometrics appointment notices following filing of the I-539 application.  It is unclear at this time for what purpose beyond enhanced immigration security the biometrics requirement serves for those in the country temporarily, whether visitors, students or exchange program visitors.  Stay tuned for further developments.

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