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.
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.
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:
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:
To discuss your immigration goals, please contact us at theteam@huwelaw.com or 415-496-9040.
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:
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:
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:
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:
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:
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:
To learn more about your immigration options, please contact us at theteam@huwelaw.com.
TPS Extended for El Salvador
On July 8th, the Department of Homeland Security announced that it will be extending the Temporary Protected Status (TPS) designation for El Salvador for an additional 18 months, from September 10, 2016, through March 9, 2018.
Current TPS beneficiaries from El Salvador who would like to take advantage of the extension must re-register during the 60-day re-registration period that runs from July 8, 2016 through September 6, 2016.
TPS was authorized by the Immigration Act ("Act") of 1990. The Act allows t
he Secretary of Homeland Security to designate a foreign country for TPS due to conditions in the country that temporarily prevent the country's nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately.
El Salvador was first designated for Temporary Protected Status on March 9, 2001, and the designation has been extended since that time:
To learn more about your immigration options, please contact us at theteam@huwelaw.com.
Visa Bulletin for July 2016 Released
The U.S. Department of State has released the Visa Bulletin for July 2016, and has announced that all family-based and employment-based adjustment of status applicants must use the "Application Final Action Dates" listed.
The Bulletin includes final action dates for the employment-based, fourth preference, and certain religious workers preference categories, for Mexico, in accordance with the government's announcement
that Mexico has reached its congressionally mandated EB-4 visa limit for Fiscal Year 2016. Starting on July 1, 2016,
applicants from Mexico who filed the Form I-360 on or after January 1, 2010 will not be eligible to obtain an immigrant visa or adjust status until new visas become available.
To read the full bulletin, please visit The U.S. Department of States Visa Bulletin for July 2016
To learn about your immigration options, please contact us at TheTeam@huwelaw.com.
Attorney Nicole Abramowitz Weber Sworn in as Chair of AILA Santa Clara Valley Chapter
From Left to Right: Sophie Alcorn, Amanda Alvarado Ford, Yemi Getachew, and Nicole Abramowitz Weber, being sworn-in as the new AILA Santa Clara Valley Executive Committee
On Wednesday, May 25th, 2016, Hurtubise Weber Law attorney Nicole Abramowitz Weber was sworn in as Chair of the Executive Committee for the American Immigration Lawyers Association (AILA) Santa Clara Valley ("Silicon Valley") California Chapter.
What this means is that Nicole will lead the Silicon Valley Chapter of AILA from June 2016 through May 2017. AILA is a national association of immigration lawyers that was established in 1946 to promote justice, advocate for fair and reasonable immigration law and policy, advance the quality of immigration and nationality law and practice, and enhance the professional development of its members. As chapter leader, Nicole will work diligently with her team to further these goals in the Silicon Valley.
Congratulations Nicole!
If you have questions about your unique situation as a current or aspiring immigrant, please contact us at theteam@huwelaw.com.
E-Passport Now Required for Travel Under the Visa Waiver Program
The Department of Homeland Security has announced that an e-passport will now be required for all travel under the Visa Waiver Program (VWP, or sometimes known as ESTA).
The Department's official press release states that an
e-passport helps to protect privacy and prevent identity theft, as well as to safely identify a passenger, as it contains an electronic chip that holds a passenger's biographical information.
Who is affected by this change?
Anyone who is otherwise eligible to travel under the VWP. This includes citizens or nationals of the 38 countries that participate in the program. To read more about the VWP, go to:
https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visa-waiver-program.html
If you have questions about your immigration options, please contact us at TheTeam@huwelaw.com.
December 2015 Visa Bulletin Released
The Department of State has released the Visa Bulletin for December 2015. There was no forward movement
in the dates for filing for the family-based or employment-based categories.
There was forward movement in the "final action dates" for the employment-based, second preference category for India, which advanced to June 1, 2007. In addition, the employment-based, third preference category for China advanced to April 15, 2012.
To see the full Bulletin, please visit:
To talk with us about your specific case, please contact us at TheTeam@huwelaw.com.
