Can you apply for a green card next month? Check the November 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 November 2019 to see if your priority date will be current next month.

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 November.

To view the full Bulletin, please visit:

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2020/visa-bulletin-for-november-2019.html

Need help interpreting the Bulletin and preparing and filing your green card application?

Contact us at theteam@huwelaw.com or 415-496-9040 today.

Trump to Suspend Entry of Immigrants Who "Will Financially Burden the U.S. Healthcare System"

trump-suspension

President Trump has issued a proclamation suspending entry of immigrants who "will financially burden the U.S. healthcare system."

What does the proclamation say? The proclamation states that with some exceptions, immigrants applying for a "green card" from outside the U.S. must prove at the time of their consular interview that they will be covered by approved (unsubsidized) health insurance within 30 days of entry into the United States, or that they possess the financial resources to pay for reasonably foreseeable medical costs.

When will the proclamation become effective? The new policy will go into effect on November 3, 2019.

Who does the proclamation affect? Anyone who is issued an immigrant visa on or after November 3, 2019, the effective date, will be subject to the new policy. The new policy does NOT affect those issued a temporary visa, including H-1B visa holders, L-1 intracompany transferees, and international students and scholars. It also does not affect refugees.

For more information and assistance with your immigrant visa, please contact us at theteam@huwelaw.com or 415-496-9040.

F2A Immigration Category Remains Current for October

The October 2019 Visa Bulletin has just been released, and the F2A preference category, for the spouses and children of permanent residents, will remain current across all countries throughout the month of October.

If you are the spouse or child of a permanent resident who has been lawfully residing in the U.S., this means that you are eligible to submit the I-130 Petition for Alien Relative and I-485 Application to Adjust Status concurrently. Alternatively if your permanent resident spouse or parent has already filed an I-130 Petition on your behalf, then you are eligible to submit the I-485 application for your green card.

Assembling the required documentation for a green card application takes time. Contact us today at theteam@huwelaw.com or 415-496-9040 to get started now!

Cheaper Than a Headhunter: Hire an Immigration Lawyer

According to this recent Time Magazine article, more and more tech companies are choosing to grow their businesses in Canada rather than in the U.S.: https://bit.ly/2k5AzRO

Why is that?

U.S. businesses are having a hard time remaining competitive and hiring the best talent. Employment-based immigration to the U.S. is complex and restrictive, and requires a deep understanding of U.S. law and policy. Employers often feel forced to undertake costly and time-consuming searches for potential employees who are already U.S. citizens or permanent residents because they do not feel competent to navigate our immigration system.

A good immigration lawyer is necessary to recruit the very best employees, wherever in the world they may happen to be.

Hurtubise Weber Law can help. We offer a complimentary call for employers looking to explore their options. Contact us today at 415-496-9040 or theteam@huwelaw.com to learn more.



How to Immigrate to the U.S. Permanently

As immigration lawyers in the U.S., people reach out to us a lot to ask: What are my options for getting a "green card" and immigrating to the U.S. permanently? Below is an overview of the basic requirements. Contact us at theteam@huwelaw.com or 415-496-9040 to learn more.

Generally a petitioner/sponsor is necessary. The sponsor can be (1) a U.S. employer, (2) a U.S. citizen or permanent resident (green card holder) spouse or parent, or (3) a U.S. citizen sibling or child over the age of 21. If an employer is willing to sponsor you, then they will be the one working with us (the lawyers) and the government, and will need to contact us directly to get started. If a family member is able and willing to sponsor you, then you will need to prove the familial relationship. If your spouse is the sponsor, then you will need to show that the marriage is real and not just for immigration purposes. You will also need to prove that your family member makes sufficient income - otherwise a cosponsor or assets will be necessary. Required income varies based on the sponsor's household size, but for year 2019 it starts at around $22,000 per year.

Self-sponsorship for a green card is possible in limited circumstances. If you can prove extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim, then it may be possible to apply for a green card without a sponsor. We offer a thorough initial legal evaluation to determine whether this is possible.

The diversity visa (DV) lottery is an option in some cases. If you are a citizen of a country included in the DV lottery program, then you can submit an application to be entered into a lottery to obtain a U.S. green card. You can learn more here:

https://travel.state.gov/content/travel/en/us-visas/immigrate/diversity-visa-program-entry.html

You - the person seeking the green card - must prove your identity and eligibility. The government looks at a lot of factors to determine eligibility. These include (but are not limited to) prior criminal history, history of prior visas and visits to the U.S., past immigration violations, and prior misrepresentations made to gain a benefit here in the U.S. We offer a thorough initial legal evaluation to ensure that you will be eligible for a green card before you begin the process.

Contact us today at theteam@huwelaw.com or 415-496-9040 to learn more about applying for a green card!



Can You Apply for a Green Card Next Month? Check the September 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 September 2019 to see if your priority date is current next month.

USCIS has determined that in September, the Dates for Filing Chart must be used for family-sponsored green cards, with the exception of F2A category applicants, who may use the Final Action Dates chart. The Final Action Dates Chart must be used for employer-sponsored green cards.

To view the full Bulletin, please visit:

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2019/visa-bulletin-for-september-2019.html

Need help interpreting the Bulletin and preparing and filing your green card application?

Contact us at theteam@huwelaw.com or 415-496-9040 today.

Can You Apply for a Green Card Next Month? Check the August Visa Bulletin!

Can You Apply for a Green Card Next Month? Check the August 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 August 2019 to see if your priority date is current next month.

USCIS has determined that in August, the Dates for Filing Chart must be used for family-sponsored green cards, with the exception of F2A category applicants, who may use the Final Action Dates chart. The Final Action Dates Chart must be used for employer-sponsored green cards.

Spouses of Permanent Residents can File Their Green Card Applications in July!

Are you the spouse of a permanent resident who has been lawfully residing in the U.S., waiting for the F2A preference category to become current so that you can apply for your green card? Well wait no more! The U.S. Department of State Visa Bulletin for July 2019 has just been released, and shows the F2A category as current across all countries.

This means that in July, the spouse of a permanent resident will be able to submit the I-130 Petition for Alien Relative and I-485 Application to Adjust Status concurrently. Alternatively if your permanent resident spouse has already filed an I-130 Petition on your behalf, you will be eligible to submit the I-485 Application for your green card beginning July 1st.

Assembling the required documentation for a green card application takes time. Contact us today at theteam@huwelaw.com or 415-496-9040 to get started now!

CBP Announces e-SAFE Pilot Program for Online Filing of Waiver Applications

U.S. Customs and Border Protection (CBP) has announced a new online system - the Electronic Secured Adjudication Forms Environment, known as e-SAFE.  

The new system will allow for the electronic filing of certain waiver applications. Specifically, it allows Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, and Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal, to be submitted online for citizens of specified visa exempt countries including Canada, Palau, the Federated States of Micronesia and the Marshall Islands. These waiver applications are for nonimmigrants who have been found inadmissible and who are otherwise barred from entry to the U.S.

Applicants will be able to view their application status, submit additional information if requested, and ultimately learn the outcome of their online waiver application through this system. 

Need help with your waiver application?

Contact us today at theteam@huwelaw.com, or 415-496-9040.

USCIS announces the beginning of “eProcessing”

USCIS announces the beginning of “eProcessing”

U.S. Citizenship and Immigration Services (USCIS) has recently announced that it will begin “eProcessing” cases. The official announcement states that “eProcessing will be a complete digital experience, from applying for a benefit, to communicating with USCIS, through receiving a decision on a case.” The hope is that this new system will “improve decision timeliness, increase transparency during the application process, and accelerate the availability of online filing for all immigration benefits.”

Can you apply for a green card this month? Check the May 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 2019 to see if your priority date is current this month.

USCIS has determined that in May, the Dates for Filing Chart must be used for family-sponsored green cards, and the Final Action Dates Chart used for employer-sponsored green cards.

To view the full Bulletin, please visit:

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2019/visa-bulletin-for-may-2019.html

Need help interpreting the Bulletin and preparing and filing your green card application?

Contact us at theteam@huwelaw.com or 415-496-9040 today.

Military Parole-in-Place as a Path to a Green Card: What You Need to Know

Do you meet the following criteria? (1) You are an immigrant who entered the U.S. without a visa, (2) you are the spouse, parent, or child under 21 of a U.S. citizen, and (3) you have a close relative who is a member or former member of the U.S. Military? If so, you may be eligible for a green card via a special immigration benefit called “Parole-in-Place.”

In general, a “lawful admission” to the U.S. is required for the spouse, child, or parent of a U.S. citizen to be eligible for a green card. Parole-in-Place is a program that was created in year 2013 to help certain immigrants who do not have a “lawful admission” to obtain one without leaving the country.

What are the eligibility requirements for Parole-in-Place?

• You are physically present in the United States, but were not lawfully admitted

• You are the spouse, parent, or son or daughter (of any age) of an active duty member of the U.S. Armed, the Selected Reserve of the Ready Reserve, or former member of the U.S. Armed Forces or Selected Reserve of the Ready Reserve (including individuals who served in the military but are now deceased)

• You have no prior criminal convictions or other serious adverse factors 

Even if you are eligible for Parole-in-Place, you must have a U.S. citizen spouse, parent, or child over the age of 21 who can serve as your sponsor for a green card. 

If you believe you may be eligible for this amazing benefit, please contact us at theteam@huwelaw.com, or 415-496-9040 to learn more.

From TPS to a Green Card: One Man’s Journey

From TPS to a Green Card: One Man’s Journey

As an immigration lawyer in today’s changing world, I am frequently approached by prospective clients whose Temporary Protected Status (TPS) has been scheduled to terminate. They are often scared and bewildered, wondering what, if any, option they have?

Can you apply for a green card this month? Check the April 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 April 2019 to see if your priority date is current this month.

USCIS has determined that in April, the Dates for Filing Chart must be used for family-sponsored green cards, and the Final Action Dates Chart used for employer-sponsored green cards.

To view the full Bulletin, please visit:

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2019/visa-bulletin-for-april-2019.html

Need help interpreting the Bulletin and preparing and filing your green card application? Contact us at theteam@huwelaw.com or 415-496-9040 today.

Why Legal Immigration to the U.S. Has Decreased, and How it Affects You

Legal immigration to the U.S. was significantly down in 2018:

In 2018, approvals of all types of visas and green cards were down. For example, approvals of green cards for immediate relatives of U.S. citizens (such as spouses) were down 7%, and fiance visa approvals were down a whopping 29%.

Immigration Forms Update: USCIS Publishes Revised Form I-539

Are you seeking to extend or change your current immigration status?


USCIS has published a new version of form I-539, which is used for someone currently in one immigration status to extend time in that status or change to a new status. USCIS has announced that it will allow use of the old form only until March 21st, 2019.

Apply for citizenship online and pay your fee by credit card

Did you know that a naturalization (citizenship) application can now be submitted online?

USCIS has made it possible for a citizenship application, including all supporting documents, to be submitted online. We like this relatively new option because it makes it possible for your citizenship application to be processed a bit more quickly, and monitored through the USCIS website.