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Posts Tagged ‘Green Card’

USCIS Clarification on Advance Parole & International Travel

March 2, 2019 Leave a comment

In light of the numerous denials of Advance Parole applications due to international travel by applicants even in possession of a valid Advance Parole, the U.S. Citizenship and Immigration Services (USCIS) recently amended its policy.

Under the revised policy, which came into effect in February 2019, if an applicant files Form I-131, Application for Travel Document, to request an Advance Parole document and departs the United States without possession of an Advance Parole document that is valid for the entire time the applicant is abroad, his or her Form I-131 will be considered abandoned.  At times, an individual may have an approved Advance Parole document while a second one is pending. Individuals may travel on the approved Advance Parole document, provided the document is valid for the entire duration of their time abroad.  The pending Form I-131 will not be considered abandoned in this situation.

March 2016 Visa Bulletin – Employment-Based Visa Numbers – Eligibility to File Adjustment of Status Applications

February 16, 2016 Leave a comment
Employment- Based All Chargeability Areas Except Those Listed CHINA – mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 01AUG12 15OCT08 C C
3rd 01JAN16 01JUN13 15JUL04 01JAN16 15MAR08
Other Workers 01JAN16 01FEB07 15JUL04 01JAN16 15MAR08
4th C C C C C
Certain Religious Workers C C C C C
5th
Targeted
Employment
Areas/
Regional Centers
and Pilot Programs
C 22JAN14 C C C
5th
Pilot
Programs
C 22JAN14 C C C

February 2016 Visa Bulletin – Employment-Based Visa Numbers – Eligibility to File Adjustment of Status Applications

January 8, 2016 Leave a comment
Employment-
Based
All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 01JAN13 01JUL09 C C
3rd 01JAN16 01OCT13 01JUL05 01JAN16 01JAN10
Other Workers 01JAN16 01JAN07 01JUL05 01JAN16 01JAN10
4th C C C C C
Certain Religious
Workers
C C C C C
5th Non-Regional
Center (C5 and T5)
C 01MAY15 C C C
5th Regional Center
(I5 and R5)
C 01MAY15 C C C

December 2015 Visa Bulletin – Employment-Based Visa Numbers – Eligibility to File Adjustment of Status Applications

November 12, 2015 Leave a comment
Employment-
Based
All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 01JAN13 01JUL09 C C
3rd 01SEP15 01OCT13 01JUL05 01SEP15 01JAN10
Other Workers 01SEP15 01JAN07 01JUL05 01SEP15 01JAN10
4th C C C C C
Certain Religious
Workers
C C C C C
5th Non-Regional
Center (C5 and T5)
C 01MAY15 C C C
5th Regional Center
(I5 and R5)
C 01MAY15 C C C

November 2015 Visa Bulletin – Employment-Based Visa Numbers – Eligibility to File Adjustment of Status Application

October 9, 2015 Leave a comment
Employment-
Based
All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 01JAN13 01JUL09 C C
3rd 01SEP15 01OCT13 01JUL05 01SEP15 01JAN10
Other Workers 01SEP15 01JAN07 01JUL05 01SEP15 01JAN10
4th C C C C C
Certain Religious
Workers,
C C C C C
5th Non-Regional
Center (C5 and T5)
C 01MAY15 C C C
5th Regional Center
(I5 and R5)
C 01MAY15 C C C

Visa Bulletin Changes and How to Read/Understand it

September 10, 2015 Leave a comment

Effective October 2015, the U.S. State Department’s visa bulletin will include two different charts each for family-based and employment-based visa preference categories.   The charts are:

  • Application Final Action Dates (dates when visas may finally be issued); and
  • Dates for Filing Applications (earliest dates when applicants may be able to apply).

Generally speaking, unless otherwise indicated in this visa bulletin itself, individuals seeking to file applications for adjustment of status (i.e. Form I-485) with U.S. Citizenship and Immigration Services (USCIS) must use the “Application Final Action Dates” chart for determining when they can file Form I-485 adjustment applications. The visa bulletin may indicate the ability for such individuals to instead use theDates for Filing Visa Applications” charts, when USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas.

For instance, the October 2015 visa bulletin clearly indicates for family-based visa category that “USCIS has determined that this chart (4.B.) may be used (in lieu of the chart in paragraph 4.A.) this month for filing applications for adjustment of status with USCIS.” and for employment-based visa category that “USCIS has determined that this chart (5.B.) may be used (in lieu of the chart in paragraph 5.A.) this month for filing applications for adjustment of status with USCIS. ”  This means that for October 2015, individuals seeking to file adjustment applications (whether in family-based or in employment-based categories) may use the chart listed in Dates for Filing [of Family-Based or Employment-Based] Applications to determine their priority dates for Form I-485 filing purposes.

Background and reason for the change in visa bulletin:

According to State Dept., this revised process will enhance its ability to more accurately predict overall immigrant visa demand and determine the cut-off dates for visa issuance published in the Visa Bulletin. This will help ensure that the maximum number of immigrant visas are issued annually as intended by Congress, and minimize month-to-month fluctuations in Visa Bulletin final action dates.  The Visa Bulletin revisions implement November 2014 executive actions on immigration announced by President Obama and Secretary of Homeland Security Johnson, as detailed in the White House report, Modernizing and Streamlining Our Legal Immigration System for the 21st century, issued in July 2015.

August 2015 Visa Bulletin – Employment-Based Immigrant Visa Numbers

July 13, 2015 Leave a comment
Employment- Based All Chargeability Areas Except Those Listed CHINA – mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 15DEC13 01OCT08 C C
3rd 15JUL15 01JUN04 01JUN04 15JUL15 01JUN04
Other Workers 15JUL15 01JAN04 01JUN04 15JUL15 01JUN04
4th C C C C C
Certain Religious Workers C C C C C
5th
Targeted
Employment
Areas/
Regional Centers
and Pilot Programs
C 01SEP13 C C C
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